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HomeMy WebLinkAboutPW CNT 10-02 Gene Frederickson Trucking R � N I a 2 01 0 cy CONSTRUCTION CONTRACT rt ; ' THIS AGREEMENT, made on the 26th day of May, 2010, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GENE FREDERICKSON TRUCKING, 4450 Fieldcrest Drive, Kaukauna, WI 54130, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 10 -02 for Oshkosh North High School Wet Detention Basin, and appurtenant work, for the Public Works Department, pursuant to Resolution 10 -171 adopted by the Common Council of the City of Oshkosh on the 25th day of May, 2010, all in accordance and in strict compliance with the Contractor's proposal and the other contract documents referred to in ARTICLE V of this contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and /or Contractor's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $275,030.36, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of 1 units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The contract documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the Contractor shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. Contractor shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the 2 component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor" wherever used in this contract means the party of the second part and its /his /their legal representatives, successors and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR GENE FREDERICKSON TRUCKING By: ( jx.).c42.. -/Ler 1 `4 aIa (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH Mark A. Rohloff, City Manager (Witness) And: IV I (Witness) Pamela R. Ubrig, City H k APPROVED: I hereby certify that the necess- ary provisions have been made to • pay the liability which will accrue WiNibt / _ under this contract. ity Attor v City Comp 11 .II t 3 R��® CERTIFICATE OF LIABILITY INSURANCE OP ID SF DATE(MMlDDmYY) FREDE -1 06/02/10 l PRObUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ansay & Associates LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 168 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1776 E. Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Little Chute WI 54140 Phone: 920- 788 -3536 Fax :920- 788 -3641 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Cincinnati Insurance Co 10677 INSURER B: Gene Frederickson Trucking Inc I NSURER C: & Environmental Services Plus 4450 Fieldcrest Drive INSURER D: Kaukauna WI 54130 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADIYL 1 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE (MMIDDIYYYY) DATE (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CPP3667984 05/05/10 05/05/11 PREMISES (Ea occurence) $500000 CLAIMS MADE X OCCUR MED EXP (Any one person) $10000 PERSONAL &ADVINJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: . PRODUCTS - COMP/OP AGG $ 2000000 PRO - t POLICY X JECT 1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO EBA0021215 05/05/10 05/05/11 (Ea accident) $ 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 5000 000 A X OCCUR CLAIMSMADE CPP3667984 05/05/10 05/05/11 AGGREGATE $ 5000000 $ DEDUCTIBLE $ X RETENTION $ - 0 — $ WORKERS COMPENSATION X TORY S LIMITS O ER AND EMPLOYERS' LIABILITY Y / N A A ARTNER /E ECUTIVEn WC1914942 05/05/10 05/05/11 E.L. EACH ACCIDENT $ 100000. (Mandatory in NH) l E.L. DISEASE - EA EMPLOYEE $ 100000 . If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500000. OTHER A Hired Equipment CPP3667984 05/05/10 05/05/11 Limit 200000 A Contractors Equip CPP3667984 05/05/10 05/05/11 Ded. 1000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Public Works Contract 10 -2, Oshkosh North High School Detention Basin City of Oshkosh is an additional insured on the general liability under endorsement #GA472 with respects to work performed by the insured on the captioned job. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION C IOSOS 1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Cit of Oshkosh REPRESENTATIVES. y AUTHORIZED REPRESENTATIVE PO Box 1130 Kevin L Kohlbeck pshkosh WI 54903 -1130 ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) ' r � , � ] �� b Interchange Corporate Center / , .JViut al 450 Plymouth Road, Suite 400 /� Plymouth Meeting, PA. 19462 -1644 Ph. (610) 832 -8240 PAYMENT BOND Bond Number: 354- 026 -038- KNOW ALL MEN BY THESE PRESENTS, that we Gene Frederickson Trucking, Inc. 4450 Fieldcrest Drive, Kaukauna, WI 54130 , as principal (the "Principal "), and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety "), are held and firmly bound unto City of Oshkosh 215 Church Avenue, Oshkosh, WI 54903 -1130 , as obligee (the "Obligee "), in the penal sum of Two Hundred Seventy -Five Thousand Thirty and 36/100/100 Dollars ($275,030.36 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated the 3rd day of June , 2010 , entered into a contract (the "Contract ") with the Obligee for Public Works Contract 10 -02 Oshkosh North High School Wet Detention Basin and appurtenant work NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full before the expiration of a period of ninety (90) days (or such lesser or greater time period as otherwise permitted by relevant law) after the date on which the last of such Claimants work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: (a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety within ninety (90) days (or such lesser or greater time period as otherwise permitted by relevant law) after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in separate envelopes addressed to the Principal and Surety. The Principal may be served at any place where an office is regularly maintained for the transaction of business, or in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. The Surety may be served to the attention of The Surety Law Department at the above - listed address. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. LMIC -5200 Page 1 of 2 Rev. 03/04 (c) After the expiration of one (1) year (or such lesser or greater time period as otherwise permitted by relevant law) following the date on which the Subcontractor provided the last labor and/or materials to the project. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4. Surety shall have no liability to any Claimant under this Bond for any amount unless it is due and owing to the Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, if the Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of the Contract between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the Principal's contractual defenses, including but not limited to pay -if -paid provisions, whereby payment to the Claimant is subject to the condition precedent of the Obligee's payment to the Principal, and other limitations on amounts due under the contract between Principal and Claimant. 5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens, which may be filed of record against such improvement, whether or not a claim for the amount of such lien be presented under and against this bond. DATED as of this 3rd day of June , 2010 . WITNESS / ATTEST Gene Frederickson Trucking, Inc. (Principal) ZyZn'hJ I f-C By: G..O r . - (Seal) Name: Gene Frederickson Title: President LIBERTY MUTUAL INSURANCE COMPANY ( e ty) By: ?,�i'( c a (Seal) Attorney -in Fact Sheila M. F nolio LMIC -5200 Page 2 of 2 Rev. 03/04 r�• 1 Ube e Interchange Corporate Center rty ut al 450 Plymouth Road, 400 Plymouth Meeting, PA. 194646 2 -1644 Ph. (610) 832 -8240 PERFORMANCE BOND Bond Number: 354 - 026 -038 KNOW ALL MEN BY THESE PRESENTS, that we Gene Frederickson Trucking Inc. 4450 Fieldcrest Drive, Kaukauna, WI 54130 , as principal (the "Principal "), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety "), are held and firmly bound unto City of Oshkosh 215 Church Avenue, Oshkosh, WI 54903 -1130 , as obligee (the "Obligee"), in the penal sum of Two Hundred Seventy -Five Thousand Thirty and 36/100 Dollars ($275,030.36 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement, dated the 3rd day of June , 2010 , entered into a contract (the "Contract ") with the Obligee for Public Works Contract 10 -02 Oshkosh North High School Wet Detention Basin and appurtenant work NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1.1 Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or 1.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 1.3 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding the amount set forth in the first paragraph of this bond. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 1.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: a. After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefore to the Obligee; or b. Deny liability in whole or in part and notify the Obligee citing reasons therefore. LMIC -5100 Page 1 of 2 Rev. 03/04 2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean -up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or suppliers or any other person in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release occurs and without regard to any term or condition of the Contract. 3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal ceased to work on the Contract or such time period as otherwise permitted by relevant statute. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of the Surety Law Department at the above address. DATED as of this 3rd day of June , 2010 . WITNESS / ATTEST Gene Frederickson Trucking Inc. (Principal) Z ?/7 �1/ 1 � i By: ( . v ¢ OC.c,Lss�a� — (Seal) Name: Ge e Frederickson Title: President LIBERTY MUTUAL INSURANCE COMPANY ( e y) By: /Li . ,f,v w (Seal) Attorney - in Fact Sheila M. Fenolio LMIC - 5100 Page 2 of 2 Rev. 03/04 2637894 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. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint SHEILA M. FENOLIO, DOLORES VAN GROLL, KATHLEEN A. HAUPT, ALL OF THE CITY OF LITTLE CHUTE, STATE OF WISCONSIN 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 its act and deed, anvr and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIVE MILLION AND 00/100 * * * * * * * * * * * ** * * **** DOLLARS ($ 5,000,000.00***** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: 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, a s execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'O - co attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N o O. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be w as binding as if signed by the president and attested by the secretary. E d y C y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: .0 ot d >' C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby g R authorized to appoint such attomeys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and = lo 3 deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. O L is 0I- w 3 That the By -law and the Authorization set forth above are true copies thereof. and are now in full force and effect. W C L. j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal o Q d L ibe Liberty Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 31st day of August , Q 0 .� w M C ` LIBERTY MUTUAL INSURANCE COMPANY d 0 o� By _� O. o A – . / Garnet W. Elliott, Assistant Secretary co p 41",,,, COMMONWEALTH OF PENNSYLVANIA ss L C ow COUNTY OF MONTGOMERY rn ea E t C FL On this 31st day of August , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged = N o •- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above . , i Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 8 Li To 0 IN TESTIMONY WH ..�e' unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year N et 'p >. Y Y Y 9, Y Y Y , v first above written " g, N 'W `> *• N > d s z ^ g', z < i CO 1MON 4 AkTH OF PENNS! I VANIA 00 Z V 0 Nears Saa€ , /G�< t ® L O v sa PaMel.a N Mi J Pak! u _ V� C Plymo�. th Tivp rviart�' mey County By C N O i" 3 n�, "r3sy«u Match o,a ! Ter sa Pastella, Notary Public v o ` y V. '•Aem ,PennsrvanjaAssocatonorrintnes o � CERTIFICATE ~; I– I– !, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing , is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the 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. IN TESTIMONY WHEREOF �I3 e hereunto subscribed my name and affixed the corporate seal of the said company, this 3rd day of J 11UU # By r David M. Carey, Ass n t Secretary Notarial Acknowledgement — Attorney in Fact STATE OF Wisconsin S.S. County of Outagamie } On this jut day of ja before me, Kathy A. Haupt a Notary Public in and for said Outagamie, Wisconsin County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared Sheila M. Fenolio, known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of Liberty Mutual Insurance Company and acknowledged to me that he subscribed the name of Liberty Mutual Insurance Company thereto as surety, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in said County of Outagamie the day and year in this certificate first above written. a‘ NotziLy Public in and for the County of Outagamie State of Wisconsin My commission expires 03 -18 -2012. SC0011 01 -92