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HomeMy WebLinkAboutGhilotti Construction Company, Inc. 2017-09-25 ' "• 11 i 107 CITY OF UKIAH Mendocino County, California AGREEMENT FOR TRANSPORTATION IMPROVEMENTS FOR REDWOOD BUSINESS PARK Specification No. 17-09 THIS AGREEMENT, made this cfrday of {zr41.1r , 20 , by and between the City of Ukiah, Mendocino County, California, hereinafter called the City andLtrr L i..Fiai,i . I hereinafter called the Contractor, WITNESSETH WHEREAS the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents,specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1, Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within ONE HUNDRED TWENTY(120)working days Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however. in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work,without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer TRANSPORTATION IMPROVEMENTS FOR Spec.No. 17-09 REDWOOD BUSINESS PARK Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor,for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work;for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation. and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding. a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to emp,oyees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority. for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a 'responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor TRANSPORTATION IMPROVEMENTS FOR 96 Spec.No. 17-09 REDWOOD BUSINESS PARK has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission,the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract,then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor.The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors,foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment)of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements,attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. TRANSPORTATION IMPROVEMENTS FOR 97 Spec.No. 17-09 REDWOOD BUSINESS PARK (i) The"Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this .2 S' day of S'GATem.cede, 20/7 CITY OF UKIAH, MENDOCINO COUNTY,CALIFORNIA By: ti IT MAN.G , CITY OF UKIAH, Attest: £4Ji 4 CITY CLiiij� i F UKIAH d0 i r or gri By: Afi Yazdi _- CONTRA+ R General Manager Vice President Attest: ,Ey_, . _ ,1111'i. A _D Stac L. Ma.,ill Title: 4 of `r Secretary t The foregoing contract is approved as to fo and legality this�'N�+' day of 4 6" le ,201/. 2 (FY, ,, —a--- CITY ' Y, CI O Kl� TRANSPORTATION IMPROVEMENTS FOR 98 Spec.No.17-09 REDWOOD BUSINESS PARK CONSTRUCTION CHILOTTI Since " COMPANY • 1914 Corporate Resolution to Execute Contracts Resolved that this Corporation, Ghilotti Construction Company,hereby approves and appoints Richard W. Ghilotti, President of Ghilotti Construction Company,Brian Ongaro,Vice President of Ghilotti Construction Company,Ali Yazdi,VP, General Manager of Ghilotti Construction Company,and Stacy L. Magill, Secretary of Ghilotti Construction Company for the purpose of executing in the name of this corporation, all bid documents, contract documents and contract bonds. Resolved further,that any and all actions taken by Richard W. Ghilotti, Brian Ongaro, Ali Yazdi and Stacy L. Magill in executing said bid documents,contract documents, contract bonds and any other required documents be, and they hereby are,ratified and approved, and all such Contracts and bonds and documents are hereby adopted as binding obligations of this corporation. I, Stacy L. Magill, Secretary of Ghilotti Construction Company, a corporation incorporated under the laws of the State of California, do hereby certify that the foregoing is a full, true and correct copy of resolutions of the Board of Directors of the said corporation,duly and regularly passed and adopted at a special meeting of the Board of Directors of the said corporation which was duly and regularly called and held in all respects as required by law, and by the bylaws of the said corporation, at the office thereof on the 215`day of August, 2001, at which special meeting a majority of the board of Directors of the said corporations was present and voted in favor of said resolutions. IN WITNESS WHEREOF, I have hereto set my hand as such Secretary and affixed the corporate seal of the said corporation,this 16th day of July,2015. Stacy L. Ma 1 Secretary -- Engineering Contractor — 246 GHILOTTI AVENUE•SANTA ROSA,CA 95407.707-585-1221 •FAX:707-585-0129 STATE CONTRACTORS LICENSE#644515 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukia California, on 3t>tm1Bl� 25, 20 /. , by and between the City of Ukiah (Ukiah)and A 'AAfa I.heikili Cr't,! J nc . (Contractor). Contractor is 4:7 eiirrit,(1r� ,$ f t)9 for Ukiah. As a condition of issuing the work order: attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim: loss,or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTO BY: Ali Yazd! Ge erat Manager TITLE: ; president TRANSPORTATION IMPROVEMENTS FOR 99 Spec.No. 17-09 REDWOOD BUSINESS PARK Premium is for Contract Term and is Subject to Adjustment Based on Final Contract Price Executed in Duplicate Bond#070024215 Premium$24,581.00 CITY OF UKIAH Mendocino County,California FAITHFULPERFORMAN,BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Ghilotti Construction Company, Inc. AS PRINCIPAL,and Liberty Mutual Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH,hereinafter called the"City", in the penal sum of Four Million Six Hundred Eight Thousand Eight Hundred Eighty Eight& No/100 dollars($ $4,608,888.00 for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors jointly and severally. WHEREAS,the Principal has entered into a certain Contract with the City,dated September 7,2017 a copy of which is hereto attached and made a part hereof, NOW,THEREFORE,the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and ff the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract,in default of which such persons shall have a direct right of action hereupon;and if the Principal shalt pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract,then this obligation shall be void;otherwise, it shall remain in full force and effect No modification of the Contract or extension of the term thereof,nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder Notice to the Surety of any such modification,extension,or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto,this 11th day of September ,20 17 , In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) TRANSPORTATION IMPROVEMENTS FOR 100 Spec.No.17-09 REDWOOD BUSINESS PARK WITNESS: ''/0#(.. ,,,, Ghilotti C• j ru •• mpany, Inc. (SEAL) All Yazd(Corporate ''ncipa) .i Vice President/General Manage. 246 Ghilot Avenue (Business 'ddress) Santa Rosa, CA 95407 (City/State/Z p Code) ATTEST: �'� , it e t -`g (Corporate Principal) Affix alp/Seers tar► Corporate Seal (Business Address) (City/State/Zip Code) Liberty Mutual l :,,r: e C•1 pany //,.s b. �/I Affix { °--"S -11— r(Corpo`rate Surety) Corporate Jan. :. Pilgard,Attorney in Fact Seal 175 Berkeley Street (Business Address) Boston, MA 02116 (City/State/Zip Code) The rate of premium on this bond is$ $8.86/$5.51/$4.33 per thousand. The total amount of premium charges is$ $24,581.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, Lir .LA . L _1 Lo h certify that I am the cvr Secretary of the corporation named as Principal in the foregoing bond; that I \ r ,who signed the said bond on behalf of the Principal,was then . ) 6e rlar,,iailli .., -- - . of said corporation;that I know his signature, and that his signature thereto is genuine;and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. _______ Affix Corporate Seal TRANSPORTATION IMPROVEMENTS FOR 101 Spec.No.17-09 REDWOOD BUSINESS PARK ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Placer On September 11, 2017 before me, Kathy Rangel, Notary Public (insert name and title of the officer) personally appeared Jana B. Pilgard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CONHY#R 9e oL g "' `r NOTARY PUBLIC•CAUFORNLA off ` ,_-/ PLACER COUNTY •., �Com ExpiresF'E8/ 11 2021�ew�rtixW71LtiY.W.1tiYh•MVNNY.VifNNr. Signature •I .�.— (Seal) Premium is for Contract Term and is Subject to Adjustment Based on Final Contract Price Executed in Duplicate Bond#070024215 Premium Included CITY OF UKIAH Mendocino County,California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Ghilotti Construction Company, Inc. ,AS PRINCIPAL, and Liberty Mutual Insurance Company , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the'City'in the penal sum of Four Million Six Hundred Eight Thousand Eight Hundred Eighty Eight&No/100 dollars($$4,608,888.00 for the payment of which sum we bind ourselves,our heirs,executors, administrators, and successors,jointly and severally. WHEREAS,the Principal has entered Into a certain Contract with the City,dated September 7 ,2017 _, a copy of which is hereto attached and made a part hereof, NOW,THEREFORE,the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims,arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may Incur by reason of such claims, Including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract,in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract,then this obligation shall be void;otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof,nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,extension,or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this Instrument and affixed their seals hereto,this 11th day of September ,2017 . In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) TRANSPORTATION IMPROVEMENTS FOR 102 Spec.No. 17-99 REDWOOD BUSINESS PARK WITNESS J.A . j Ghilotti Consipctio, mpany, Inc. ME JjL (SEAL) i (Corporate P ' cia All Yazdi General Manager/ 246 Ghilott Avenue Ct; president (Business .ddress) Santa Rosa, CA 95407 (City/State/Zip Code) ATTE r .' _'& • .ra PO ' CSecretary (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) } Liberty Mutual I ,..• r- -e Company fo ALA/4v_, T12 �•- •IP Affix gi (Corporate Surety Corporate Jan- B. Pilgard,Attorney in Fact Seal 175 BerkeleyStreet (Business Address) Boston. MA 02116 (City/Slate/Zip Code) The rate of premium on this bond is$ Included in Performance Bond per thousand. The total amount of premium charges is$ Included in Performance Bond .. (The above is to be filled in by Surety Company).(Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,Stat-_,.: _ . 61/ I certify that I am the 1['.F CI Secretary of the corporation named as Principal in the foregoing bond; that 0 I; — -- who signed the said bond on behalf of the Principal,was then Prat o4gvr,..l) - -- — of said corporation,that I know his signature, and that his sige thereto is genuine; and that said bond was duly signed, sealed, and attested to for and .n behalf of said corporation by authority of its governing body. (aeaC 1h.JV 6;„WIAffix Corporate Seal TRANSPORTATION IMPROVEMENTS FOR 103 Spec.No t7 09 REDWOOD BUSINESS PARK ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Placer ) On September 11, 2017 before me, Kathy Rangel, Notary Public (insert name and title of the officer) personally appeared Jana B. Pilgard who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ;..v..vtitixvtimvvmw.w, WITNESS my hand and official seal. KATHY RANGEL AI COMM.N 2179800 fit(kr, 'NOTARY PUBLIC+CALIFORNIA PLACER COUNTY Comm.Expires FEB.71,2021 r+tititi s..•.tixwx ti�.mv v+tivww.% ` � Signature ��� _ • _ _ (Seal) 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.7831447 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts. and West American Iisurance 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.r;onstitute and appoint, Dona Lisa Buschmann;Edward D.Johnson;J.Buschmann;Jana B.Pilgard;Julie A. Shiroma;Karina Palmer;Kathy Rangel;Robert D.Laux;Stephen D.Bender all of the city of Sacramento ,state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,sea',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 obligatons,in pursualce 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 aulhonzed officer or official of the Companies and the corporate seals of the Companies have btnn affixed . thereto this 10th day of July , 2017 . (CI TS ccf INSU 4 14 040' 0,7. 4oly J. 9e.Ki�'� ��� ' ,` The Ohio Casualty Insurance Company y;n • �m r a� ` Liberty Mutual Insurance Company tU Io 1919 o r 1 12 o K 1991 C Z y a West mencan Insurance Company I .N Ili �� N4M4�j F-0' '563, , •M1IS: t= 7 :1, t /4 � Y c STATE OF PENNSYLVANIA ss David M.Carey,Assistant Secretary C Kt COUNTY OF MONTGOMERY c d cn On this 10th day of Julyes , 2017.before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 I- 0 os Company,The Ohio Casualty Company, and West American Insurance Company,and that he,as such being authorized so to do,execute the foregoing nst-u'nert for the purposes d W' 5? therein contained by signing on behalf of the corporations by himself as a duly authorized officer.ea C IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O 1a4 5 nAs,.,,,F. COMMONWEALTH OF PENNSYLVANIA Q MV �Q { Notanal Seal ��V"!V_ ,g., 0 _ , `-"NFTeresa Pastella.Notary Public By. '�-'C't�/O MI ` Upper MerwnTwp.,Montgomery County Teresa Pastel.a.Notary Public a1 c` My Commission Expires March 28.2021 lCc0 T�� Member.Pennsylvania Assodatron of Notanas o C Oa; am c O This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual _,,u)p d; Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows. =C lea el ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose'n wr ting by the Chairman or the President,and subject!O c t0 to such limitation as the Chairman or the President may prescribe shall appoint such attorneys-in-fact,as may be necessary to act in beha.f of the Corporation to make,execute,seal, ',+y 0.E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations Such attorneys-in-fact.subject to the-'mitatcns set forth in their respective E m powers of attorney,shall have fu I power to bind the Corporation by their signature and execution o1 any such instruments and to attach thereto the seal of the Corporation. When so —co.21 C 11executed,such instruments shall be as binding as it signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > T 0 PP 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 authonty. :134.N To C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings Any officer of the Company authonzed for that purpoo in writing by the chairman or the president, E 4:4 Y and subject to such limitations as the chairman or the president may prescribe.shall appoint such atlomeys-in-fact.as may be necessary IC act in behalf of the Company to make,execute, M O 15 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys.in-fact subject to the limitations set forth in their c Z V respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such nstruments and to attach thereto the seal of the Company. When so V o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company.authonzes David M Carey.Assistant Secretary to appoint such attorneys-in- I—%— , fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety obligations. - — Authorization—By unanimous consent of the Company's Board of Directors the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty nsurance 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 ill full force and effect and has not been revoked IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1 1 th day of Se tem ex ,20 17 . hJP4ee 5494- .,J„,�arrua;egq'r c\c-�y r � 'b� us' M � Fes ' ages”' p 1919 o I.� 1912 21 '` 1991 By: z a 1 „ ,D y Renee C.Lie ssislant Secretary Or�r_ • -•,- 4 �y Hari✓ �� �j 'r.t nri �� ^01.40 r * r * * 50 of 350 LMS_12873_022017