HomeMy WebLinkAboutGhilotti Construction Company, Inc. 2022-04-21 COU 2122-225
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
DORA STREET UTILITY IMPROVEMENT PROJECT
SPECIFICATION NO. 19-01
THIS AGREEMENT, made this 21st day of April 20 22 , by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and Ghilotti Construction Co.,Inc. 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 descr bed 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, al.l 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 eighty (180) 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
DORA STREET UTILITY IMPROVEMENT PROJECT Spec NO, 19-01
Article It. 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 Ill. 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 employees 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
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.
DORA STREET UTILITY IMPROVEMENT PROJECT Spec NO.19.01
61
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.
(i) The"Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
DORA STREET UTILITY IMPROVEMENT PROJECT Spec NO. 19 01
62
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
1 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 0 day of , 20„ .
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
GERamv_
AH
Attest: .�
CITY CLERK, CITY OF UKIAH
By:
QOOWRA O rti a.nl Vel 0-b f
Attest:
Title:
The foregoing contract' approved as to and legality this day of Al i 2 .
CITY TTO Y, C1TY I H
DORA STREET UTILITY IMPROVEMENT PROJECT Spec NO.19-01
63
I I
E H I L 0 T T I
Since 1914
GHILOTTI CONSTRUCTION COMPANY, INC.
CORPORATE RESOLUTION TO EXECUTE CONTRACTS
WHEREAS, the Board of Directors (the "Board") of Ghilotti Construction
Company, Inc., a California corporation (the "Corporation") deem it desirable and in the
best interests of the Corporation to authorize the following Officers of the Corporation
for the purpose of executing in the name of the Corporation, all bid documents, contract
documents and contract bonds: Richard W. Ghilotti, Chief Executive Officer; Brian W.
Ongaro, President and Secretary; Ali Yazdi, Executive Vice President of Public Works
and Chief Operating Officer; Irving T. Huie, Chief Financial Officer and Treasurer; and
Thomas Smith, Vice President of Estimating.
NOW, THEREFORE, BE IT RESOLVED, that the Directors hereby approve
and appoint Richard W. Ghilotti, Chief Executive Officer; Brian W. Ongaro, President
and Secretary; Ali Yazdi, Executive Vice President of Public Works and Chief Operating
Officer; Irving T. Huie. Chief Financial Officer and Treasurer; and Thomas Smith, Vice
President of Estimating for the purpose of executing in the name of the Corporation, all
bid documents, contract documents and contract bonds.
RESOLVED FURTHER, that any and all actions taken by Richard W. Ghilotti,
Brian W. Ongaro, Ali Yazdi, Irving T. Huie and Thomas Smith in executing said bid
documents and Bidder's Bonds be, and they hereby arc, ratified and approved, and all
such Proposals and all such contracts and bonds and documents are hereby adopted as
binding obligations of the Corporation.
Secretary's Certification
The Secretary of the Corporation hereby certifies that he is the duly elected and
qualified Secretary of the Corporation and certifies that the above is a true and correct
record of a Board resolution that was duly adopted by the Corporation's Board of
Directors at a special meeting, which was duly and regularly called and held in all
respects as required by law and by the Corporation's bylaws, and which was held on July
15, 202 i.
IN WITNESS WHEREOF, I have hereto set my hand as such Secretary and
affixed thWcora seat of the said Corporation, this 151h day of July, 2021.
By:
Brian P' Egaro, Secretary
— Engineering Contractor —
246 GHILOTTI AVENUE•SANTA ROSA,CA 95407.707-585-1221 •FAX:707-585-0129
www.ghilotti.com
STATE CONTRACTORS LICENSE#844515
INDEMNIFICATION AGREEMENT
This Indemnification Agreement-*s made and entered in Ukiah, California, on April 21 20 22
by and between the City of Ukiah (Ukiah) and Ghilotti Construction Company,Inc. (Contractor).
Contractor is
performing work in support of the Dora Street Utility Improvement Project,Specification 19 01 T _„
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.
CONTRACTOR
BY:
t ct/L 'A
TITLE:
DORA STREET UTILITY IMPROVEMENT PROJECT Spec NO.19-01
84
Premium is for Contract Term Bond#070215960
and is Subject to Adjustment Premium$23,576.00
Based on Final Contract Price. Executed in Duplicate
CITY OF UKIAH
Mendocino County, California
FAITHFUL.PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Ghilotti Construction Company, Inc.
AS PRINCIPAL, and
Liberty Mutual Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH,hereinafter called the"City", in the penal sum of
Four Million Three Hundred Seventy Six Thousand Seven Hundred
Sixty Six &451100--------------------------------------------------------- dollars($ 4,376,766.45 )
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 April 21 .20 22
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 3rd day of May 20 22
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(City/State/Zip Code)
DORA STREET UTILITY IMPROVEMENT PROJECT Spec NO. 19-01
65
WITNESS:
(SEAL)
(Corporate Principal)
(Business Address)
(C:.ty/State/Zip Code)
Ghilotli nst ction Coma Inc.
ATTEST: I.,T@fe11Ce F'II�I®
CFO /Treasurer
kfyo ch r?a It (Corporate Principal)V Affix
Corporate
246 Ghllotti Avenue Seal
(Business Address)
Santa Rosa, CA 95407
(City/StatelZ:p Code)
ATTEST: Liberty Mutual Insurance Company
(See Attached) 2 Affix
Corporate Surety) Corporate
Dona Lisa Buschmann,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/$5.511$4.33 per thousand.
The total amount of premium charges Is$ 23,576.00
(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, 1 � certify that I am the
5iCl. Aj- Secretary of the corporation named as Principal in the foregoing bond;
that who signed the said bond on behalf of the Principal,was
then C F 1) of said corporation; that I know his signature, and
that his signature thereto is genuine; and that sa;d bond was duly signed, seated, and attested to for and In
behalf of said corporation by auk y o governing body.
Affix Corporate Seal
DORA STREET UTILITY IMPROVEMENT PROJEor Spec NO.19-01
46
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 __ 7
On _. May 3, 2022 before me, K. Hanley, Notary Public
(insert name and title of the officer)
personally appeared Dona Lisa Buschmann
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.
K.HANLEY
Notary Public-California i
Placer County €
Commission 4 2384942
Signature (Seal} My Comm.Explres.Vo�30,2025
Bond#070215960
Premium is for Contract Term Premium Included
and`s Subject to Adjustment Executed in Duplicate
Based on Final Contract Price.
CITY OF UKIAH
Mendocino County,California
MATERIAL_AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Ghilolti 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 'See Below
dollars ($ 4,376,766.45 ) for the payment of which sum we bind ourselves, our heirs, executors,
administrators, and successors,jointly and severally.
`Four Million Three Hundred Seventy Six Thousand Seven Hundred Sixty Six &45/100
WHEREAS, the Principal has entered into a certain Contract with the City, dated April 21
20 22 ,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 shalt 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 3rd day of May 20 22
In the presence of:
WITNESS:
(SEAL)
(Individual Principal)
(Business Address)
(City/State/Zip Code)
FORA STREET UTILITY IMPROVEMENT PROJECT Spec NO.19-01
67
WITNESS:
(SEAL)
(Corporate Principal)
(Business Address)
(City/State/Zip Code)
ATTEST- Ghilo ' on ction C m a y, Inc. t. Terence Huie
�,�n�', 00/
CFO 1 Treasurer
""" 0 C"S✓� t� (Corporate Prina o Affix
Corporate
Seal
246 Ghilofti Avenue
(Business Address)
Santa Rosa, CA 95407
(City/StatetZip Code)
ATTEST:(See Attached) Liberty Mutual Insurance Company
Affix
((Corpporate Surety) Corporate
Dona Lisa Buschmann,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/$4.33 per thousand.
The total amount of premium charges is$ 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)
Yr 6L4 a9 Gam✓[') certify that I am the
Secretary of the corporation named as Principal in the foregoing band;
that who signed the said bond on behalf of the Principal,was
then of said corporation; that I know his signature, and
that his signaturb thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in
behalf of said corporation by authorit of i overning body.
-_._ _Affix Corporate Seal
DORA STREET UTILITY IMPROVEMENT PROJECT Spec NO. 19-01
68
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual
and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the
corporate name.
6. The official character and authority of the person(s)executing the bond for the Principal,if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies
attached to such records of the corporation as will evidence the official character and authority of the
officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be
true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the
bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand;and
b. The total dollar amount of premium charged.
10, The signature of a witness shall appear in the appropriate place attending to the signature of each party
of the bond.
11, Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
DORA STREET UTILITY IMPROVEMENT PROJECT Spec NO. 19-01
fc
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 May 3, 2022 before me, K. Hanley, Notary Public
(insert name and title of the officer)
personally appeared Dona Lisa Buschmann
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.
V.HANLEY
Notary Public-California
Placer County
commission#2384942
Signature (Seat) *my Comm,Expires Nov 30,2025
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.
Liberty Liberty Mutual Insurance Company
�Viutual, The Ohio Casualty Insurance Company Certficate No:8205493-977442
SURETY 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[he laws of the State of New Hampshire [hat
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts,and West American Insurance Company is a corporation duly organized
under lire tars of the Slate of Indiana(herein collectively called the`Companies),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Alexis
Estrada,Dona Lisa Buschmann,Edward D.Johnson,J.Buschmann,Jana B.Pil card,)title A.Shiroma,KathyRan el,Lisa Bracero,Maggie Bender-Johnson,Robert D.
Latm,Stephen D.Bender
all of the city of Sacramento stale of CA each individually if(here be more than one named,its true and lawful attorney-in-fad to make.
execute,seal,acknowledge and delver,for and on its behalf as surely and as its act and dead,any and all undertakings,bonds,reeognizances 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 eorpora(e seals of the Companies have been affixed
theretothis 28th dayof__ April 2021
Liberty Mutual Insurance Company
P1'1NSU� P1%I INS& a 114SU. Tt*Ohio Casualty Insurance Company
tiJ o�ro�r y J oaroWrR4y VP an
P aRvaq�r. y West American Insurance Com
a of Room v:° Ron a 34 Ram y
s1912 a 0�1919 f 1991
� Ydo1��a'cNu�Ca! S viyNAr.PS'",dL Ys♦NouK*
C '� i nor �1 i �a �'-1 i F� By.
b�Co Stale ofPENNSYLVANIA David M.Carey,Assistant Secretary
Ss .�
N County ofMONTGOMERY
m On this 281h da of_ Aril 2021 before me
0 7 Y P personally appeared David M,Carey,who admowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
n) 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 fine purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized odicer.
c o IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King ofPrussia,Pennsyhraoia,on the day and year first above written.
rn
O N 6N n'4Sr
Q� ,yONwF F( comonweallh d PewsyMnia-Notary Seal t1'�
,es Y Teresa'riddle,Notary Pu6ht
p 01 OF Msimeneresmar
�@ My cnnlrlissien expires Marchty
28.2025 gy;
v Comnium hamper 1126014
i�' L M"W.Po-Waria Am maim orNa„�. Teresa Pastela,Notary Public
(M WA
N
This Power of Attorney is made and executed pursuant to and by authority of Lire following By-laws and Aulhorizalims of The Ohio Casually Insurance Company,Liberty Mutual Insurance eQ
E•C Company,and West American insurance Company which resolutions are now in full force and effect reading as follows:
o @ ARTICLE IV-OFFICERS:Section 12.Power of Attorney.
Any officer or othero{frial of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such timttalion as the Chairman or the President
a Inay prescribe,shall appoint such attorneys-in-lad,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and at —
>L undertakings,bonds.recognizarwes and other surely obligations.Such attorneys-in-fad,subject to the limitations set forth in their respective powers of attorney,shal have ful t�
0 3 power to bind the Corporation by their signature and execution of any such instruments and to attach therelo the seal of the Corporation.When so executed such instruments shal Sg
Z U be as binding as l signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorneyin-lacl under the provisons of this tX6i
article may be revoked at any lime by the Board,the Chairman,the President or by the officer of officers granting such power or authority.
ARTICLE XIII-Execution of Contracts:Sedan 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for(hat purpose in writing by the chairman or the president,and subject to such limitations as the chairman or We president may prescribe
shall appoint such altomeys-in-fact,as may be necessary to act in behalf of N Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attomeys-in-tact subject to the imilmiors set forth in their respective powers of attorney,shall have lu I 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 altorneysk..
fad as may be necessary to act on behalf of the Company fo make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obigatons.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents the(facsimile or mechanically reproduced signature of any ass stant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bands,shall be valid and bind fig upon the Company with
the same face and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assistant Secretary,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 cared copy of the Power of Altarey executed by said Companies,is it lu I face and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 3rd day of May 2022
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Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Nr Itl Co 02121