. 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 _j£~ ~~ 06/03/2014 >1~/; '" d1 AKendaDate IJ V 2014-212 AssiKned to: Finance/Council lOJ !/1t'{"'\), or;/~o/N- ik- IL 8.t. A o5/J..2jl'/ ~ v~ ~·c:l7·1t./ 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 .--:// / /(/ /ll~ / I r/%'7 Jos~1'. Rutan, C<funty Engineer Ji:E. ~ 1/ y/J. o//j' 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 ~ 1111111 . .''\ ?-.~ l. 4/.'"' ,,,,,,~\) ........ 0 . .,c,, ~te " ¥ ; -J .. ~ "'T.¢', ~~~oTAfT/f.,\ ~o .t:J ._..., V ~~\ & Us'-'~ -......,vn..,__..;;' c~~ this ,Zc.z;t.. dayof ~r~/~£.\ON {;_·.~":;_ ~ ~ cnj E :t2 ,2014 ;;(, --:;??--7~ NOTARY PUBLIC Residing At /J,J/·,tAam My commission expires: &/;z9 Uzo / Y %.. . .-?_r.'· ••~·<>s-211>-'Q."-=! . . . (!:- 0 ............ Y.,.\~ . . . . . . . ,,,,,, 'F WAS ,,,,,, ''''''''''~"' 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 ..: f :0~ STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY 55 fm UQI 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. ._cu 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. ifca ft"' ;u; . _::I . .•·: •• . •·•·. ·.··. . ·· . By:~~ ~Tl=~~~~~p~~~~.~No~~~p~~~~~---------- . .Qf ciS -o.s Ccu ~' QI .... 0)(1) 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: &f 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. t: .! e S cu g 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. >f !;i o 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. • 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 . ---:-~=----4~----'--'~~"c-::""':---- Gregory W. Davenport, Assistant Secretary
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