.
WHATCOM COUNTY COUNCIL AGENDA BILL
CLEARANCES
Originator:
James Lee, PE.
Division Head:
Joe Rutan, PE.
Dept. Head:
FrankAbart
Prosecutor:
Daniel Gibson
Purchasing/Budget:
Brad Bennett
Executive:
Jack Louws
Initial
NO
Date Received in Council Office
Date
5 ·lo· \4
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06/03/2014
>1~/;
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AKendaDate
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2014-212
AssiKned to:
Finance/Council
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TITLE OF DOCUMriNT:
Construction Contract Award for Gooseberry Point Ferry Dolphin Replacement
CRP No. 914004
ATTACHMENTS:
I.
2.
3.
4.
5.
6.
7.
Memo
Resolution amending County Road Project (CRP) No. 914004 and awarding construction contract
Approval to A ward Construction Contract
Project Summary and Vicinity Map
Project Cost Breakdown
Bid Tabulation
Low Bid Proposal
SEPA review required?
SEPA review completed?
(
(
) Yes
) Yes
(X) NO
) NO
(
Should Clerk schedule a hearing?
Requested Date:
(
) Yes
( X ) NO
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Resolution amending CRP No. 914004 and authorizing additional funds for the award of the Gooseberry Point Ferry Dolphin
Replacement contract to Orion Marine Contractors, Inc. as low bidder in the amount of $698,631.50.
COMMITTEE ACTION:
Related County Contract #:
COUNCIL ACTION:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co. whatcom. wa.us/council.
Joseph P. Rutan, P.E.
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
County Engineer/Assistant Director
322 N. Commercial Street, Ste 301
Bellingham, WA 98225-4042
Phone: (360) 715-7450
Fax: (360) 715-7451
Frank M. Abart
Director
Memorandum
'
M.LW 2 2 2014
To:
The Honorable Jack Louws, Whatcom County Executive and
The Honorable Members of the Whatcom County Council
Directo~
JACK LOUWS
COUNTY EXECUTIVE
Through:
Frank M. Ahart,
From:
Joseph P. Rutan, P.E., County Engineer/Assistant Director4~
James E. Lee, P.E., Engineering Manager.j£L--
Date:
May20, 2014
Gooseberry Point Ferry Dolphin Replacement
CRP No. 914004
Construction Contract Award
Attached for your review and signature is the standard construction contract award package for
the Gooseberry Point Ferry Dolphin Replacement Project, CRP 914004. This package consists of
the following: agenda bill, resolution to amend the CRP and award the contract, approval of
contract award, project summary and vicinity map, project cost breakdown, tabulation of all bids
and the low bid proposal.
Re:
Requested Action
Public Works respectfully requests that the County Council authorize the County Executive to
enter into a contract for the Gooseberry Point Ferry Dolphin Replacement Project to the low
bidder, Orion Marine Contractors, Inc. in the amount of $698,631.50 including all taxes. This
recommendation is based on a review of the four (4) bids received.
Background and Purpose
This project consists of replacing the existing deteriorated wooden dolphins with modem, steel
pile-supported dolphins to allow for safe berthing of the Whatcom Chief. The project is listed as
Item No. 39 on the 2014 Annual Construction Program.
Funding Amount and Source
The project will be funded with Whatcom County road funds.
Please contact James Lee at extension 50617 if you have any questions or concerns regarding the
terms of this agreement.
In accordance with W.C.C. 3.08.230, I concur with this recommendation:
~
sata:Wil1ief:iurcnsrng Coordinator
PROPOSED BY: _ _ _ _ _ __
SPONSORED BY: Public Works
INTRODUCED: _ _ _ _ _ _ __
RESOLUTION NO. _ _ __
AMENDING COUNTY ROAD PROJECT No. 914004 AND AUTHORIZING ADDITIONAL FUNDS FOR
THE AWARD OF A CONTRACT FOR "GOOSEBERRY POINT FERRY DOLPHIN REPLACEMENT."
WHEREAS, this project is included in the officially adopted 2014 Annual Construction Program
·
as Item No. 39;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that CRP No. 914004 is
formally amended to include the construction of the Gooseberry Point Ferry Dolphin Replacement
Project. The Contract for this project is awarded to Orion Marine Contractors, Inc. in the
amount of their bid of $698,631.50.
An appropriation from the officially adopted Road Fund Budget and based on the County
Engineer's estimate is hereby made in the amounts and for the purposes shown:
AMOUNT OF APPROPRIATION
PURPOSE
Preliminary Engineering
Right-of-Way
Subtotal
Construction Contract
Construction Eng i neeri ng/Testi ng/Contingency
$75,000.00
$0.00
$75,000.00
$698,631.50
$60,000.00
$833.631.50
BE IT FURTHER RESOLVED that the construction is to be accomplished by Contract in
accordance with RCW 36.77.020 et. seq.
APPROVED this _ _ day of
, 20_.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown-Davis, Clerk of the Council
Carl Weimer, Council Chair
APP~ED AS TO FDR. M:
tk/~x-&~
Daniel L. Gibson
Chief Civil Deputy Prosecutor
Page 1
JOSEPH P. RUTAN, P.E.
County Engineer/Assistant Director
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
322 N. Commercial St., Suite 301
Bellingham, WA 98225-4052
Phone: (360) 715-7450
Fax: (360) 715-7451
FRANK M. ABART
Director
Gooseberry Point Ferry Dolphin Replacement
CRP No. 914004
APPROVAL FOR CONTRACT AWARD
Approval is hereby granted to award the Contract as follows:
Project:
Gooseberry Point Ferry Dolphin Replacement; CRP No. 914004
To:
Orion Marine Contractors, Inc.
In the amount of their bid proposal $698,631.50 including all taxes.
Jack Louws, Whatcom County Executive
Date
Approving Authority
Daniel L. Gib;(;n
Chief Civil Deputy Prosecutor
Date
Whatcom County Public Works
Project Narrative
Ferry Dock Improvements
CRP #914004
I Construction Funding Year(s):
2014-2019
Project Narrative:
This project includes improvements to the ferry docks This project is listed #39 on the 2014-2019 Six Year Transportation
Improvement Program.
Project Status:
Design, permitting, and construction activities are ongoing
Funding Sources:
Total Estimated Project Cost: $1,500,000
Expenditures to Date:
State
$
$
Local
$1,500,000 (STIP 2014-2019)
Federal
N/A
Environmental Permitting
HPA, SEPA, CORPS 404, COUNTY SHORELINES
Right-of-Way Acquisition (Estimate)
None Required
County Forces (Estimate)
N/A
WHATCOM COUNTY
JOSEPH P. RUTAN, P.E.
PUBLIC WORKS DEPARTMENl
County Engineer/Assistant Engineer
322 N. Commercial St., Suite 301
Bellingham, W A 98225-4052
Phone: (360) 715-7450
Fax: (360) 715-7451
FRANK M. ABART
Director
Project Cost Breakdown
Gooseberry Point Ferry
Dolphin Replacement
CRP No. 914004
Funding Source
Whatcom County
Preliminary Engineering
$75,000.00
RightofWay
$0.00
Contract
$698,631.50
Construction Engineering, Testing and
Contingency
$60,000.00
Total
$833,631.50
Bid Tabulation
GOOSEBERRY POINT FERRY DOLPHIN REPLACEMENT
CRP 914004
L.S.
Bid Opening May 13, 2014
L.S.
L.S.
IS
3,ooo.oo 1
L.S.
1$
5oo.oo 1
L.S.
1$
1,074.00
L.S.
$
1,000.00
1
L.S.
Is
5,675.00
LS.
$
8,200.00
LS.
I
L.S.
L.S.
I$
5,ooo.oo 1
LS.
Is
8,388.00
LS.
I
LS.
LS.
IS
1,000.00
LS.
$
3,388.00
LS.
$
1,074.00
LS.
$ 4,000.00
LS.
LS.
1$
70,000.00
LS.
$
144,309.00
LS.
$ 201,197.00
LS.
$174,000.00
5
LS.
6
1
4,000.00 $
4,000.00 $
3,200.00 $
3,200.00
$
1,073.56 $
7
5
1,500.00 $
7,500.00 $
4,370.00 $
21,850.00
$
2,808.59 $ 14,042.95 $
1,073.56
$
4,200.00 $ 4,200.00
1,200.00 $
6,000.00
800
175.00
$
140,000.00
$
132.00 $
8
1,5oo.oo 1
s
12,000.00
$
4,650.00 $
37,200.00
$
5,868.69 $ 46,949.52 $
4,000.00 $ 32,000.00
134,400.00
$
44.00 $
98,560.00
$
45.21 $ 101,270.40 $
64.00 $143,360.00
42,000.00
$
1,603.00 $
44,884.00
$
2,240
6o.ooTs
28
L.S.
13
IFENDER CAPS
L.S.
14
IHOPE SLEEVE
28
15
IUNANTICIPATED SITE WORK
EST
1,5oo.oo 1
I
s
105,600.00 $
164.32
1,800.62
$ 131,456.00 $
$
50,417.36
$
170.00
2,800.00
$136,000.00
$ 78,400.00
LS.
LS.
Is
50,000.00
LS.
$
47,394.00
L.S.
$ 104,775.00
LS.
$ 60,000.00
LS.
LS.
IS
50,000.00
LS.
$
60,000.00
LS.
$
84,121.00
L.S.
$ 90,000.00
892.857 I$
25,000.00
982.00 $
27,496.00
713.08
$
19,966.24 $
$1
$ 40,000.00
$
40,000.00
$1
40,000.00
$
$
1,600.00 $ 44,800.00
$ 40,000.00
$1
SUBTOTAL
·-------- _wss-f~~~~! ____
I hereby certify that the amounts tabulated herein are correct and accurately represent the
amounts contained in the Engineer's estimate and the respective bid proposals opened at 2:30
P.M., M. ay 13,~9-J2fj.r Oooseberry Point Ferry Dolphin Replacement, CRP No. 914004.
"'"''/,I
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Jos~1'. Rutan,
C<funty Engineer
Ji:E.
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1
On this day personally appeared before me, Joseph P. Rutan, P.E.,
known to me to be the County Engineer and the person described
herein and who executed the within and foregoing instrument
STATE OF WASHINGTON)
)
ss.
COUNTY OF WHATC~tJ-111 ~
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this ,Zc.z;t.. dayof
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NOTARY PUBLIC
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Bold Indicates Corrected Amounts
BID PROPOSAL FOR
GOOSEBERRY POINT FERRY
DOLPHIN REPLACEMENT
CRP NO. 914004
DATE: May 6, 2014
TO:
Whatcom County Executive and Council
Whatcom County Courthouse
311 Grand Avenue
Bellingham, Washington 98225
Gentlepersons:
This certifies that the Undersigned: has examined the location of the project site and the
conditions of work; and has carefully read and thoroughly understands the contract documents
entitled: "Gooseberry Point Ferry Dolphin Replacement Project, CRP No. 914004"
Whatcom County, Washington, including the "Bid Procedures and Conditions," "Specifications
and Conditions," "Contract Forms," "Construction Plans," and "Appendix," governing the work
embraced in this project, and the method by which payment will be made for said work. The
Undersigned hereby proposes to undertake and complete the work embraced in this project in
accordance with said contract documents, and agrees to accept as payment for said work, the
schedule of lump sum and unit prices as set forth in the "Bid" below.
The Undersigned acknowledges that payment will be based on the actual work performed and
material used as measured or provided for in accordance with the said contract documents,
and that no additional compensation will be allowed for any taxes not included in each lump
sum or unit price, and that the basis for payment will be the actual work performed and
measured or provided for in accordance with the said contract documents.
The Undersigned certifies that it is not currently disqualified from bidding on any public works
contract under RCW 39.06.010 or RCW 39.12.065(3).
Gooseberry Point Ferry
Dolphin Replacement
CRP 914004
8
Bid Form
GOOSEBERRY POINT FERRY DOLPHIN REPLACEMENT
CRP
Bidder
914004
UNIT
ITENI
NO. MEASURE
1
2
3
4
5
6
LS.
LUII.P
SUM
MOBILIZATION
LUMP
SUM
TYPE B PROGRESS SCHEDULE
LUMP
SUM
MARINE SURVEYING
LUMP
SUM
SPCC Plan
LUMP
SUM
REMOVAL OF STRUCTURES AND
OBSTRUCTIONS
EACH
FURNISHING STEEL TEST PILE
EXTENDED PRICE
INRGURES
UNIT PRICE
INRGURES
APPROX.
QUANTITY
ITEM DESCRIPTION
Orion Marine Contractors, Inc
$
60,000.00
$
60,000.00
$
3,000.00
$
5,000.00
$
1,000.00
$
70,000.00
$
4,000.00
$
7,500.00
$
140,000.00
$
12,000.00
$
134,400.00
$
42,000.00
$
50,000.00
$
50,000.00
$
25,000.00
L.S.
L.S.
$
3,000.00
L.S.
L.S.
$
5,000.00
L.S.
L.S.
$
1,000.00
L.S.
L.S.
$
70,000.00
L.S.
1
$
4,000.00
perEA
7
EACH
5
DRIVING STEEL TEST PILE
$
1,500.00
perEA
8
9
10
11
12
13
14
LINEAR
FOOT
EACH
LINEAR
FOOT
FURNISHING STEEL BACKING PILES
(30"DIA X %"t)
800
$
1,500.00
perEA
FURNISHING STEEL FENDER PILES
(12 3/4"DIAx 1/2"t)
2,240
$
60.00
per L.F.
DRIVING STEEL FENDER PILES
(12 3/4"DIAx 1/2"t)
28
LUMP
SUM
REACTION CAPS
L.S.
LUMP
SUM
FENDER CAPS
EACH
HDPESLEEVE
EACH
175.00
per L.F.
8
DRMNG STEEL BACKING PILES
(30"DIA X %"t)
$
$
1,500.00
perEA
$
50,000.00
L.S.
L.S.
$
50,000.00
L.S.
28
$
25,000.00
perEA
15
EST
DOLLARS UNANTICIPATED SITE WORK
$1
$
Subtotal $
WSST(8.5%) $
TOTAL BID AMOUNT (Bid Items 1-15) $
Gooseberry Point Ferry
Dolphin Replacement
CRP 914004
9
40,000.00
643,900.00
54,731.50
698,631.50
NON-COLLUSION DECLARATION
GOOSEBERRY POINT FERRY
DOLPHIN REPLACEMENT
CRP NO. 914004
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of
the United States that the following statements are true and correct:
1. That the undersigned person(s), firm, association or corporation has (have) not, either
directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with
the project for which this proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and
have agreed to the provisions of this declaration.
NOTICE TO ALL BIDDERS
To report bid rigging activities call:
1-800-424-9071
The U.S. Department of Transportation (USDOT) operates the above toll free "hotline"
Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of
possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to
report such activities.
The "hotline" is part of USDOT's continuing effort to identify and investigate highway
construction contract fraud and abuse, and is operated under the direction of the USDOT
Inspector General. All information will be treated confidentially and caller anonymity will be
respected.
Gooseberry Point Ferry
Dolphin Replacement
CRP 914004
10
BIDDER IDENTIFICATION
The name of the Bidder submitting this proposal, the address and phone number to which all
communications concerned with this proposal shall be made, and the number which has been
assigned indicating the Bidder is licensed to do business in the State of Washington are as
follows:
Firm Name:
Orion Marine Contractors, Inc.
Address:
1112 East Alexander Avenue
Tacoma, WA 98421
Telephone:
253-552-1140
Contractor's WA Registration Number: ORIONMC899N9
Contractor's WA UBI Number:
602-971-534
-----------------------------
Contractor's WA Employment Security Department Number: . . . : :6;. .;: 0. .: . 7_-9;; . .;7;. .; 2; ;. .-. ;:;.0. :;.0. ; _0_______
Contractor's WA Excise Tax Registration Number: _6_0_2_-_9_7_1-_5_3_4_______________
The Firm submitting this proposal is a:
_x_
Sole Proprietorship
Partnership
Corporation, Incorporated in the state of Delaware
The names and titles of the principal officers of the corporation submitting this proposal, or of
the partnership, or of all persons interested in this proposal as principals are as follows:
Assistant Secretary
Thomas Coultas
Name (printed)
Title
Name (printed)
Title
Name (printed)
Title
N arne (printed)
Title
NOTE:
Signatures of this proposal must be identified above. Failure to identify the
Signatories will be cause for considering the proposal irregular and for subsequent
rejection of the bid.
Gooseberry Point Ferry
Dolphin Replacement
CRP 914004
11
BID PROPOSAL SIGNATURE AND ADDENDUM
ACKNOWLEDGMENT
The bidder is hereby advised that by signature of this proposal he/she is deemed to have
acknowledged all requirements and signed all certificates contained herein. The undersigned
hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly
minimum rate of wages as specified in the Specifications and Conditions for this project.
DCASH
IN THE AMOUNT OF________________________
0CERTIFIED CHECK
-----------------------------~DOLLARS
0CASHIER'S CHECK
($_ _ _ _ _ _) PAYABLE TO WHATCOM COUNTY
[XIPROPOSAL BOND
IN THE AMOUNT OF 5% OF THE BID.
Receipt is hereby acknowledged by addendum(s) No.(s)
1
___,& _ __
SIGNATURE~U~H91;ED O~ICIAL(S)
(PROPOSAL MUST BE SIGNED)
--t-=f,.__~;;;._::.;o=-..-'---------------T_h_o_m_a_s_C_o_u_lt_a_s_ _ _ _ _ _ _ _ _ _(Seal)
FIRM NAME: Orion Marine Contractors, Inc.
STATE OF WASHINGTON
PIERCE
COUNTYOF~
[3_ 1ft
)
) ss.
)
4
,
20Ji, before me personally appeared
day of
to me personally known to be the person
Thomas Coultas
described in and who executed the above instrument and who acknowledged to me the act of
..,_ . ...,
On this
Kathleen PMoran
Notary Public
State of Washington
Commission Expfrea 7-12-2015
This proposal form is not transferable and any alteration of the firm's name entered hereon
without prior permission from the County will be cause for considering the proposal irregular
and for subsequent rejection of the bid.
Gooseberry Point Ferry
Dolphin Replacement
CRP 914004
12
CERTIFICATE OF SECRETARY
OF
ORION MARINE CONTRACTORS, INC.
MAY6,20l4
I, Cass E. Bruneau, the duly qualified and acting Assistant Secretary of Orion Marine
Contractors, Inc., a Delaware corporation (the "Company"), hereby certifY that below is a true,
correct and complete copy of resolutions duly approved and adopted by written consent of the
Sole Member of the Board of Directors of the Company, which resolutions have not been
revoked, modified, amended or rescinded and are still in full force and effect on and as of the
date hereof:
Authorization to Sign Proposals and Contracts:
BE IT RESOLVED, by the sole member of the Board of Directors of Orion
Marine Contractors, Inc., (the "Company") that Thomas E. Coultas, Area Manager &
Assistant Secretary of the Company, be, and hereby is authorized, empowered and
directed for and on behalf of the Company to negotiate for and sign any and all bid
proposals and/or contracts, and any and all related agreements or documents related
thereto which this Company might enter for the furnishing of services of the Company
under such terms, conditions and stipulations, and for consideration as he might deem to
be in the best interest of the Company.
IN WITNESS WHEREOF, the undersigned has executed and delivered this certificate
in the name and on behalf of the Company on and as of the date first written above.
C~t/3~
Cass E. Bruneau, Assistant Secretary
I, Kathleen P. Moran, notary public in the State of Washington, do hereby certify that
Cass E. Bruneau is the duly elected Assistant Secretary of the Company authorized to execute
and deliver this certificate, and the signature set forth above is his genuine signature,
Kathleen P Moran
Notary Public
State of Washington
Commission Expires 7·12-2015
Kathleen P. Moran, Notary Public
BID BOND
of
KNOW ALL MEN BY THESE PRESENTS, that we Orion Marine Contractors, Inc.
1112 E. Alexander Avenue, Tacoma, WA 98421, as principal, and the liberty Mutual Insurance Company a
and having its
corporation duly organized under the laws of the State of Massachusetts
in the State of
principal place of business at 175 Berkeley Street. Boston, MA 02116
Washington, as Surety, are held and firmly bound unto Whatcom County in the full and penal
sum of five percent (5%) of the total bid amount appearing on the bid proposal of said principal
for the work hereinafter described, for the payment of which, well and truly to be made, we
bind our heirs, executors, administrators and assigns, and successors and assigns, jointly and
severally, firmly by these presents.
The condition of this bond is such that, whereas, the principal herein is herewith submitting his
or its bid proposal for GOOSEBERRY POINT FERRY DOLPHIN REPLACEMENT. CRP No.
914004 bid proposal, by reference thereto, being hereby made a part hereof.
NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted,
and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and
enter into and execute said contract and shall furnish the performance bond as required by the
bidding and contract documents within a period of ten (10) days from and after said award,
exclusive of the day of such award, then its obligation to pay the above-mentioned penal sum
as liquidated damages shall be null and void, otherwise it shall remain and be in full force and
effect.
SIGNED AND SEALED this 2!!!_ day of_M___,ay'-------• 20~.
Orion Marine Contractors, Inc.
Principal Th~as, Asst Secretary
(Seal)
~
By
=f7
Liberty Mutual Insurance Company
•
Sur~ty,_~a«4:~..
~
·
ByY//
Attorney-ln-Fac
Maria D. Zuniga
The Attorney-in-fact who executes this bond on behalf of the surety company, must attach a
copy of his power-of attorney as evidence of his authority.
Gooseberry Point Ferry
Dolphin Replacement
CRP 914004
13
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Po\Wr 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. ss1oaos
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casua~y 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, Joseph R. Aulbert; Marc W. Boots; Maria D. Zuniga; P. T. Osburn; Richard Covington: Vickie Lacv
all of the city of Houston
, state of TX
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 ~s act and deed, any and all undertakings, bonds, recognizances and other surely obfigalions. 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 VIJHEREOF, 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 2nd
day of April
, ~.
American Fire and Casualty Company
The Ohio CasuaKy Insurance Company
Liberty Mutual Insurance Company
West merican Insurance Company
IIi
Ql
Ql
C
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STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
55
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On this~ day of April
, 2014 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.
0~ execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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c»> IN WITNESS VIJHEREOF. I have hereunto subscribed fT)YnamEt and affixed my notalial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
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This Power ofAttorney is made and executedP_!lfSl!~l ki..!Midl)y iluthOrity of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance
Company. liberty Mutual Insurance Company, and~.~ lflsuraooe Company which resolutions are now in full force and effect reading as follows:
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ARTICLE IV- OFFICERS- Section 12. Pov..oer of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chainman or the President, and subject
to such timilation 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,
0 .5 acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obligations. Such attorneys-in-tact, subject to the limitations set forth in their respective
oi 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
ni 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 Chainnan, the President or by the officer or officers granting such pov..oer or authority.
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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 lim~tions set forth in their
CJ respective po\Wrs of attorney, shalt have fun po\Wr 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.
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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-infact 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.
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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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this
6 th
day of
May
By:
L.M$_12873_122013
, 20
14
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Gregory W. Davenport, Assistant Secretary
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