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HomeMy WebLinkAboutCCL Contracting Inc; 2013-08-20; PWM14-05UTILPWM14-05UTIL CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT VALVE REPLACEMENT AT PALOMAR AIRPORT ROAD AND CAMINO VIDA ROBLE ($45,000 or Less) This agreement is made on the _ _ day of ^ 2013, by the City ofCarlsbad, California, a municipal corporation, (hereinafter callCT "City"), and CCL Contracting, Inc., a California corporation, whose principal place of business is 1938 Don Lee Place, Escondido, CA 92029 (hereinafter called "Contractor"). CMWD 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 Carisbad 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: Clement Harris (CMWD 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. The contractor to whom the contract is awarded 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. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD 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. VALVE REPLACEMENT AT PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE PWM14-05UTIL Page 1 of 7 General Counsel Approved 2/7/13 PWM14-05 UTIL Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to CMWD, 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 Califomia Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to CMWD prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 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 CMWD prior to such cancellation. The policies shall name CMWD and the City of Carisbad as additional insured. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless CMWD and the City of Carisbad, 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 CMWD or City of Carisbad. 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 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within working days after receipt of Notice to Proceed. VALVE REPLACEMENT AT PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE PWM14-05UTIL Page 2 of 7 General Counsel Approved 2/7/13 PWM14-05UTIL CONTRACTOR'S INFORMATION. CCL Contracting, Inc. (name of Contractor) 7988 l^f (Contractor's license number) A-8/31/15 (license class, and exp. date) 1938 Don Lee Place (street address) Escondido, CA 92029 (city/state/zip) 760-743-2254 (telephone no.) 760-743-7251 (fax no.) bluskyccl@sbcglobal.net (e-mail address) 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 and conditions of this Agreement. CONTRACTOR CCL CONTRACTING, INC., a Califomia corporation ' (sign here) (print name/title) By: 7: CARLSBAD MUNICIPAL WATER DISTRICT As^tant Ex^utive Manager, Deputy E)(Q0 lanager or Divicion Dirootef as authorize the Executive Manager ATTEST: (print name/title) T BARBARA ENGLESON City Clerk If required by CMWD, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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, General.Counsel BY: Assistant General CAunsel VALVE REPLACEMENT AT PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE PWM14-05UTIL Page 3 of 7 General Counsel Approved 2/7/13 PWM14-05UTIL 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 be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: VALVE REPLACEMENT AT PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE PWM14-05UTIL Page 4 of 7 General Counsel Approved 2/7/13 PWM14-05UTIL EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 EA 1 Remove & replace two 16" valves & one 12" valve at Palomar Airport Road & Camino Vida Roble, Carisbad, CA. The price includes cost for bonds & insurance & recessing the trench plates. City of Carisbad to provide all piping materials. Work to be performed at night between the hours of 8:00 PM & 6:00 AM. $40,500 TOTAL* $40,500 Includes taxes, fee's, expenses and all other costs. VALVE REPLACEMENT AT PALOMAR AIRPORT ROAD & CAMINO VIDA ROBLE PWM14-05UTIL Page 5 of 7 General Counsel Approved 2/7/13 CCL CONTRACTING, Inc. 1938 Don Lee Place Escondido, CA 92029 July 9, 2013 City of Carlsbad Attn: Clement Harris 5950 El Camino Real Carlsbad, CA 92008 RE: Valve replacement at Palomar Airport Road and Camino Vida Robles Dear Mr. Harris: CCL Contracting has visited to above location and has prepared a cost estimate to remove and replace the valves as requested. We have included the cost for bonds and insurance and recessing the trench plates in our proposal. Location #1 involves replace 2 each 16" valves and 1 each 12" valve. We have included all work associated v^^ith the removal and replacement of valves. City ofCarlsbad to all provided piping materials. Work to be performed at night. Cost $40,500 CCL Contracting has excluded the follovfing items, permits, fees, survey, testing, all piping and valves materials. Thank you for your consideration Sincerely, Bryan Lus CCL Contracting Inc Telephone (760) 743-2254 Fax (760) 743-7251 License #798819 Premium is For Contract Temi EXECUTED IN TRIPLICATE And Is Subiect To Adjustment BOND NO. 024039741 Based On Final Contract Price PREMIUM: $228.00 PWM14-05UTIL EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of tite Carlsbad Municfpal Water Dfstrfct has awarded to CCl Contracting, Inc., (hereinafter designated as the Trlndpal"); a Contract for: VALVE REPLACEMENT AT PALOMAR AIRPORT ROAD AND CAMfNO VIDA ROBLE CONTRACT NO. 50101 In the City of Cartsbad, in strict conformity with the drawings and spedflcatkjns, and other Contract Documents now on file In the Office of the City ClerX of the Ctty of Carlsbad snd aR of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute aald Contract and the terms thereof require the furnishing of a tjond, providing that If Principal or any of its subcontractors shall fel! to pay for any materials, provisions, provender or other supplies or teams used ln» upon or about the perforrnance ofthe Y/ork agreed to £>© done, or for any work or labor done thereon of any kind, the Suna^ on fills bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, CCL CONTRACTING, INC., as Principal, (herelhaller designated as the "Contractor'), and LIBERTY MUTUAL INSURANCE COMPANY ^ as Surety, are held firrraiy boand unto CMWD In the sum of Forty Thousand Five Hundred DoHars ($40,500), said sum being an amount equal td: One hundred percent (100%) ofthe total annount payablfe under the terms of the Cc^tract by thet City of Carisbad, and fbr which payment well and tmly to be made we bind ourselves, tHir heirs, executors and adm!!ilstfatc«ii, successors, or assigns, Jointly and Severally, frnnly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that If the Contractor or his/her subcontractors fall to pay for eny nnaterials, provisions, provender, supplies, or tearns Used In, upon, for, or about the performance of the work contracted to be dbn^. or for any other work or labor thereon of any Kind, consistent with Caiffomia Civil Code section 9100, or fbr amounts due iBider the Unemployment Insuranoe Code witi r^pect to the work or labor perfbmied under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Emp}oyn)ent Deveiopment Oepartmeht from the wages of employees of the contractor and subcbntractora parsuant to secflon 13020 of the UnBrnployment Insurance Code with respect to th© work and labor, that the Surety will pay -for Hie same, end, also, In case suit Is brought upon the bond, reasonable attorney's fees, to b© fwed by tfie court' consistent with California Gfyil Code section 9§64, This bond shall InUr© to the benefit of any Of th^ persons named In California Ctvll Code, section $100, so as to give a right of action to those persdhs or tfielr assigns In any suit brought upon ^e bond. Surety sfipulates and agrees that no qhenge, isxtension of fiirie, alteration or addition to the terms of the Contract, or to the wori< to be perfbrmed hereunder or the speoifffcatfons accompanying the same shall affect its oblfgatlons on this bond, and It does hereby waive notice dif any change, extension of time, alterations or addition to the temris dfthe contractor to the work or to the speciflcatkjns. VALVE RfiPLACeMENT AT PAWMAR AIRPORT ROAD & CAMIhJO VIDA ROBLE PWM14-0SUTIL Pag« 6 of 7 General Counsoj Approved 2/7/13 PWM14-05UTfl In the event that Contractor Is an individual, It Is agreed that the death of any such Contractor shall not exonerate the Surety from Its ob!lgation$ under this bond. 13TH .day executed by C01MT«ACTOR thi? _ of AUGUST , 2013 , COftnrRACTOR: CCL Coritractfnfe (nc. ^A.,— (name of Contractor) • By/j/^y/ {sign here) THOMAS CARMICHAEL Executed by SURETY this _ of AUGUST 13TH day . zn 13 . SURETY; LIBERTY MUTUAL INSURANCE COMPANY {name of Surety) ATTN: SURETY CLAIMS DEPARTMENT 1001 4TH AVENUE, SUITE 1700, SEATTLE, WA 98154 (address of Surety) 800/763-9268 (print narne here) PRESIDENT (tlt%|ind organiTtatlon of signatory) &yr. (telephone.ngmber of Surety) (signatureof Atibrn BRYAN LUSKY {pfint namte here) jfney^h'Fact) GLENDA J. GARDNER, ATTORNEY-IN-FACT (fsrinted name of Attomey-in-Fact) (attach corporate resolution showing orrrent power of SECRETARY (title and organization of signatory) (Proper notarfal acknowledgment of execution tjy CONTRACTOR and SURETY must be attached;) (President or vicerpresldent oral secretary or assistant secretary must sign for corporations, ff only one ofiRcer signs, the corporation mu^ attach a resolution certffied by the secretary or assistant secretary under corporate seal empowering that o^tcer to bind the corporation.) APPROVED AS TOf ORM: CaiAA. BREWER General Counsel Assistant General Counsel VALVE REPLACEMENT AT PALOMAR AIRPORT ROAD & CAMINO ViDA ROBLE PWMt4^5UT}L Page 7 of 7 General Counsel Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On Date personally appeared before me, } MICHELLE M. BASUIL. NOTARY PUBLIC Here Insert Name and Title of the Officer THOMAS CARMICHAEL AND BRYAN LUSKY Name(s) of Signer(s) MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBUC-CALIFORNIA SAN DIEGO COUNTY \ ^^^^ My Comm. Exp. AUG 24.2013 V Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) te/are subscribed to the within instrument and acknowledged to me that heitehe/they executed the same in Hie/hef/their authorized capacity{ies), and that by hio/hor/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. SignaturedI^O^'^ Signature of Notary Public ^ 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: LABOR AND MATERIALS BOND Document Date: 8/13/2013 Number of Pages:_2_ Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Slgner(s) Signer's Name: THOMAS CARMICHAEL • Individual \^ Corporate Officer — Title(s):PRESIDENT • Partner — • Linnlted • General • Attorney in Fact • Trustee RIGHTTHUMBPRINT OF SIGNER Signer's Name: BRYAN LUSKY • Individual Q' Corporate Officer — Title(s^: SECRETARY • Partner — • Limited • General • Attorney in Fact • Trustee RIGHTTHUMBPRINT OF SIGNER • Guardian or Conservator • Other: Signer Is Representing: Top of thumb here • Guardian or Conservator • Other: Signer Is Representing: Top of thumb here © 2007 National Notary Association • 9350 De Sofo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 8/13/2013 before me, Date personally appeared } MICHELLE M. BASUIL. NOTARY PUBLIC Here Insert Name and Title of the Officer GLENDA J. GARDNER Name(s) of Signer(s) n MICHELLE M. BASUIL \ COMM. #1862575 \ NOTARY PUBUC-CAUFORNIA SAN DIEGO COUNTY ^^tjg^^ My Comm. Exp. AUG 24. ^;i'*ics>'"C"C*c>"*^^ ^1 FY 1.2013 P who proved to me on the basis of satisfactory evidence to be the person^©) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that-he/she/they- executed the same in l=He/her/thetf authorized capacityfies), and that by-hte/her/theif signature's) on the instrument the person(-s), or the entity upon behalf of which the person(-s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature^^x.tu^t^y ^-^^ /jSoA^^J^ Place Notary Seal Above Signature of Notary Public 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: LABOR AND MATERIALS BOND Document Date: 8/13/2013 Number of Pages: A Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: GLENDA J. GARDNER • Individual • Corporate Officer — Title(s): • Partner— • Limited • General GZf Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NalionalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 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. Certificate No. 6110825 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 underthe laws ofthe 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, Deborah D. Davis: Glenda J. Gardner: Helen Maloney: John G. Maloney: Mark D. latarola: Michelle M. Basuil w 0) a> *^ c •t; Js =5 S O 0) 0) o OS C (Q „ l_ t: *i 0.£ E -2^ re c > £ Z o all of the city of Escondido . state of CA each individually if there be more than one named, its tme and lawful atlomey4n-fact to make, execute, seal, acknowledge and deliver, for and on its behatf 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 ofthe Companies and the corporate seals of the Companies have been affixed thereto this 6th dav of May . 2013 . , ":^' >, . - American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: STATE OF WASHINGTON COUNTY OF KING On this 6th day of May ss Gregory W. Davenport, Assistant Secretary 2013 . befOfB me personally appeared Gregory W. Davenport, who acknowledged himself to be the /tesistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. By: KD Riley , Notd4 Public This Power of Attomey 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 Conpany, and West American Insurance Company which resolutions are now in full force and effect reading as foltows: 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, shali 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 attomey shall have fuil power to bind the Corporatbn by their signature and execution of any such instmments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such 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 attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instmiTients shall be as binding as if signed by the^ p^ Certificate of Designation - The Presklent of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of ttie 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 ttiat facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Davki M. Carey ttie undersigned, Assistant Secretary, of American Fire and Casualty Company The Ohk) Casualty Insurance Company Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attomey of which the fbregoing is a full, taie and comect copy ofthe Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thisl3TH day of. AUGUST .20I3 By:. EE o a <<o §^ ^ re o P a-re .iSo o >>9 David M. Carey, Assistant Secretary LMS 12873 092012 150 of 250