HomeMy WebLinkAboutPW CNT 15-20/Wood Sewer & ExcavatingCITY OF OSHKOSH
DEPARTMENT OF PUBLIG WORKS
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5065 FAX (920) 236-5068
LETTER OF TRANSMITTAL
Please find: � Attached
Date: June 26, 2015
Sub�ect: Executed Construction Contract
Contract 15-20
❑ Under Separate Cover
❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested
Remarks:
❑ For Review & Comment
Enclosed is a copy of the executed construction contract for Contract 15-20.
If you have any questions, please contact us.
City Clerk's Office — Original J —
cc: _ File — Original Signed:
Tracy L. ylor �
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CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 27th'h day of May, 2015, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and WOOD
SEWER AND EXCAVATING, INC., E9238 County Road X, New London, WI 54961, 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. 15-20
forstorm sewer laterals/various locations, forthe Public Works Department, pursuantto
Resolution 15-247 adopted by the Common Council of the City of Oshkosh on the 26th day
of May, 2015,
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 Special 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
$201,645.60, adjusted by any changes as provided in the Specifications, 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 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 Specifications.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The CONTRACTOR covenants and agrees to protect and hold the CITY 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 resuit from any
violation of any law or administrative regulation, and shall indemnify or refund to the CITY
all sums including court costs, attorneyfees, and punitive damages which the CITY may be
obiiged 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. INSURANCE
The Insurance required by the City of Oshkosh as specified in the CITY's
specifications, including addenda, or plans, or instructions, or advertisements, shall be
primarv coveraqe and that any insurance or self insurance maintained by the City of
Oshkosh, its officers, council members, agents, employees or authorized volunteers will
not contribute to a loss. All insurance shall be based upon the occurrence of an event, and
not based on claims made. All insurance shall be in full force prior to commencing work
and remain in force until the entire job is completed and the length of time that is specified,
if any, in this Contract, the Specifications, whichever is longer.
ARTICLE VI. 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 Plans and Specifications, including ali Addenda's
3. City of Oshkosh Standard Specifications
4. Instructions to Bidders
5. Advertisement for Bids
6. 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.
E
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
component part first enumerated above shall govern over any other component part which
follows it numerically except as may be othervvise 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:
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�'�5�(City Attorn y
CONTRACTOR
WOOD SEWER AND EXCAVATING, INC.
By:
}�rPc� en`f
(Specify Title)
[3�
(Specify Title)
CITY OF OSHKOSH
�
- �csd�—
Ma A. Ro loff, City Manager
And: L
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
��Y����
City Comptroller
��� ° CERTIFICATE OF LIABILITY INSURANCE � snono��
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NE�LY At�;NP���j�ND OR RFLTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOEiNOT C0�9$%P�tlY A CONTRACT BETWEEN THE ISSUING INSURER�S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIF�AIE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSUR P�� �i$ � must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and contlitions of the policy, certain policies may r�lr�vart�ndorsement. A statement on this certMicate does not confer riphts to the
PRODUCER
�nsay & Associates, LLC. GB
N9 South Washington Street
�O Box22368
3reen Bay W154305
INSURED
Wood Sewer & Excavating Inc
E9238 Cty X -
New London VN 54961-7820
COVERAGES
OSH1tUSH,
WOODSEW-01
CERi7FICATE NUMBER:�qqed5app
L•1
�
NUMBER:
THIS IS TO CERTIPY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POLICV PERIOD
INDICATED. NOTMTHSTANDING ANV RE�UIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO NhiICH THIS
CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLIGES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POIIGES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR PO�ICYEFF POLICYEXP
lTR TYPEOFINSURANCE INSR NND POl1CYNUMBER MMDDIYYYY MNDDIYYYY ��MTg
GENERALLIABILITY V EPPOp18996 A/2075 /t/2016 EACHOCCURRENCE 37,000,00p
x COMMERCIALGENERALUABILIT/ DAMAGE RENTED
PR MISES Eaoccurtence f500,000
CWMSM4DE � OCCUR MEDEXP(An ane erwn $10,000
PERSONALBADVINJURV fi3OD0,000
GENERALAGGREGATE {2,000,000
OEN'LAGGREGATELIMIT/1PPLIESPER� PRODUCTS-COMPIOPAGG $2000000
POLICV %� PRP �� _
AUfOMOeILEUAeILITY EBA0018996 /1/2015 1/ZO76
a accideM 7 000 000
x ANV AUTO BODILV INJURV (Per permn) _
ALLOWNED SCHEDULED BODILVINJURV(PeraaidenQ S
FUTOS NUT0.S
NON-0VYIJED PROPERTY DPMAGE f
HIREDAUTOS AUT0.S eracsitlenl
5
X UMBRELIALIpB X p�CUR Y EPP0018996 1/2015 1/2076 EqCHOCCURRENCE $5,000,000
E%CESS LIAB CLAIMSMPDE AGGREGATE ;5,000,000
OED x RETENTION 0 g
WORKERSCOMPENSATION EWC0319321-00 1/2015 1/2016 X �STPN- OTH-
ANDEMPLOYEft3'LIABILRY Y/N
ANYPROPRIETORFARTNER/EXECUTIVE E.LEACHACCIDENT E��,OOO
OFFICERIMEMBEREXCWOED4 � N�p
(ManCatory in NH) E.L DISEASE -FA EMPLOVE 5100,000
If yea, tlaecnbe unEer
DESCRIPTION OF OPERATIONS belvN E.L. DISEASE -POLICY LIMIT $500 000
DESCRIPTION OF OPERATION51 LOCATION51 VEHICLES (AtlacM1 ACORD 101, AtlGNOnaI Remarka Sc1�MUle, i/ rtqm space Is requiretl)
re: Public Works Contract 15-20
City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as additional insured with
respects lo general liability coverage by endorsement GA233 02/07.
City of Oshkosh
PO Box 1130
Oshkosh VN 549031130
ACORD 25 (2070I05�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOf, NO710E WILL eE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORI2ED REPRESENTATIVE
� �: %,�,�2�-.,.,..�.w-
The ACORD name and logo are registered marks of ACORD
T10N. All rights reserved.
PERFORMANCE BOND
T RECEIVED =
`--- CITY OF OSHKOSH
Contract Number 15-20
DEPT Or P�IIL1C WORK
Date Bond Executed (Date of Contract or Later) 06/15R���SH, W�SCONSIN BOND #354-033-993
PRINCIPAL/CONTRACTOR (Legal Name and Business Adtlress) Type o� Organization
Wood Sewer & Excavating, Inc.
E9238 Cty Rd X ❑ Individual ❑ PaRnership
New London, WI 54961 � Caporation
SURETY(IES) (Legal Name(s) and Business Address(es))
Liberty Mutual Insurance Company
175 Berkeley St
Boston, MA 02116
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
State oilncoiporation
Wisconsin
Penal Sum of Bond
$201,645.60
OBUGATION ___ _
The Contraclor and Surety, jolnUy and severally, bintl themselves, their heirs, executors, administrators, successors
and assigns ro the Owner for payment of the sum shown above or the pertortnance oi the ConVact identified
above, which is incorporated herein by reference.
This Bond shall cover any work performed during iniGal construction and any warranty period required by the
Contract.
If there is no Owner Default to pay the ConVacror as required under the Contrad for work performed or to peAortn
or complete any material term of the Contract, then the Surely(ies) obligation under this Bond shall arise after:
1. The Owner provides notice to the Contractor and Surery that the Owner is wnsidering declaring the
ConVactor in default of the Contract. Within five (5) business days of the Owner's notice, either the
Contractor or the Surety may request a conference with the Owner lo discuss such default and lhe
remedy therefor. If a conferance is requested, the conference shail be scheduled lo take place at
Owners principai place of business or another agreed upon location within five (5) business days of the
request for conterence. If the Owner, Contractor and Surety agree, the Contractor may be allowed a
reasonaDle time to pertortn the ConVact, but such agreement shall not waive the Owner's nght, A any,
to subsequently deGare the Contracror in default;
2. The Owner declares the Contractor in default and notifes the Surety of the declaration of default; and
3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the
Contract to the Surety or to a qualified Contractor selected to perfortn the Contract.
Failure of the Owner to comply with the notice requirement specifed above shall not release the Surety from its
obligations.
Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the
following actions:
1. Arrange for the Contractor, with consent of the Owner, to pertorm and complete the Contract;
2. Undertake to pertortn and complete the Contract itself, through qualified agents or independent
contractors;
3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a
contract with the Owner for peAortnance and completion of the Contract, to be secured with
pertormance and payment bonds, and to pay to the Owner as damages any amount in excess of the
original contrect amount for the completion of the Contract; any additional legal, design professional,
architect, or consultant fees resulting from any delay in the completion of the Contract; and any
applicable liquidated damages specified within the Contract resulting from any delay in the completion
ofthe ConVact
4. Make payment to the Owner, as soon as practicable after an amount is detertnined for completion of
the ConVacl; or
5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial.
If the Surety does not proceed with reasonable promptness, Owner may give nolice to the Surety and the Surety
shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety
pertortn its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon
default.
Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2
above, Surety's liability shall be limited to the amount of this Bond.
Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person
enGtled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail,
postage prepaid; (iii) upon tlelivery by a commarcial carrier that will cerlify the date and time of delivery; or (iv) upon
transmission if by facsimile, email or other fortn of electronic transmission. Notices shall be provided to the Owner,
Surety and/or Contrador at their address as specified on this Bond or to a facsimile, email or other electronic
address that has been provided in writing to the other party to be used for this purpose.
7he laws of the Slate of Wsconsin shall govem the interpretation and conslruction of this Bond. Winnebago
County shall be the venue for all disputes arising untler this Bond. Any provision in this Bond that may conflict with
statutory or other legal requirement shall be deemed deleted herefrom and provisions confortning to the statutory or
other legal requirement shall be deemed incorporated herein.
The above obligetion is void if the Contractor pertorms antl fulfills all the terms, conditions and agreements of the
ConVact and any authonzed modificstions during tha term of the onginal Contract and any extensions thereof.
Notice to the Surety is waived for any modifcations agreed upon by Owner and ConVacror.
Wood Sewer 8. Excavating, Inc. Liberty Mutual Insurance Company
Name of Pnncipal/Contractor Name of Surety
Title Robert Downey, Attorn y-in-Fact
PAYMENT BOND
Contract Number 15-20
Date Bond Executed (Date o( Contrad or Later) 06/15/20
PRINCIPAUCONTRACTOR (Legal Name and Business Address)
Wood Sewer & Excavating, Inc.
E9238 Cty Rd X
New London, WI 54961
SURETY(IES) (Legal Name(s) and Business Address(es))
Liberty Mutual Insurance Company
175 Berkeley St
Boston, MA 02116
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATION
RECEIVED
JUN 242015
CITY OF OSHKOSH
6�ID #354-033-993
Type o�Organization
D�pT OC PUDLIC WOR��dividual ❑ PaRnership
OSHKOSH, W �SCON �� Co�poration
State oflncorporation
Wisconsin
Penal Sum af 8ond
$201,645.60
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
antl assigns to the Owner to pay for labor, materials and equipment fumished for use in the pertortnance of the
Contract identified above, which is incorporated herein by reference, subject to the following tertns.
If the Contractor prompUy makes payment of all sums due to Gaimants, and defends, indemnifies and hdds
harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment fumished for use in the peROrtnance of the Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
If there is no Owner Default to pay the Contractor as required under the Contract for work peAortned or to perform
or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the
pwner has promptly notifed the ConVactor and the Surety of claims, demands, liens or suits against the Owner or
the Owner's property by any person or enlity seeking payment for labor, materials or equipment fumished for use in
the pertortnance of the Contract and tendered defense of such Gaims, demands, liens or suits to the Contractor
and the Surety.
Amounts owed by the Owner to Contractor under the Contract shall be used for pertortnance of the ConVact and to
satisfy daims, if eny, under any Pertormance Bond. By the Contractor fumishing and the Owner accepting this
Bond, they agree that all funds eamed by the ConVactor in the performance of the ConVact are dedicated to satisfy
obligations oi the Contractor and Surety under this 8ond, subject to the Owners priority to use the funds for the
completion of the work.
Upon noGce and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend,
indemnity and hold hartnless the Owner against such claim, demand, lien or suit.
Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date oi the claim, stating the
amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for
payment of any undisputed amount claimed.
Surety shall not be obligated to the Owner, claimants or others for obligations of the ConVador under this Bond that
are unrelated to the Contract The Owner shall not be liable for the payment of any costs or expenses of any
claimant under this Bond and shall have no obligatlon to make payments to, or give notice on behalf of claimants,
or otherwise have any obligation to claimants under this Bond.
Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or perso�
endtled to such notice, it hand delivered; or (ii) two (2) business days following deposit in the United States mail,
postage prepaid; (iii) upon delivery by a commerciai carrier that will certify the date and time of delivery; or (iv) upon
transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner,
Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other elecVonic
address that has been provided in writing lo the other party to be used for this purpose.
The laws of the State of Wisconsin shall govem the interpretation and construction of this Bond. Winnebago
Counry shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with
statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or
other legal requirement shall be deemed incorporated herein.
Wood Sewer 8. Excavating, Inc.
Name of PrincipallContractor
�
Title
Liberty Mutual Insurance Company
Name of Surety
Title Robert Downey, Attorn y-in-Fact
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT lS PR4NTED 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.
Certifcate No. 692a953
Amencan Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company WestAmerican Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BYTHESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty 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 WestAmerican Insurance Company
is a corporatlon duly organlzed under tha laws of the Slate of Indiana (herein wllecCrvely called the "Companles"), pursuant to and by authority herein set forth, tloes hereby name, constltute
and appoint, Chris SteinaqeP Christopher M. Kemp� Connie Smith� Michael J Douqlas� Robert Downev
all of the ciry of Hutlson , state of wl each indivitlually i( there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deetl, any and all undedakings, bontls, recognizances 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, ihis Power of Attorney has been subscribed by an authorized oKcer or offcial of the Companies and the corpordte seals of the Companies have been affxed
theretothis aan dayof March , 2oi5
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STATE OF PENNSYLVANIA ss
COUNTY OFMONTGOMERY
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West merican Insurance Company
By:
David M. Care ; Assistant Secretary
On Ihis 3oth day of March , 2oi5 , before me personally appeared David M. Carey, who acknowledged himself to be the AssistaN Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do,
exeate the foregoing inshument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized offcer.
IN WITNESS WHEREOF, I have hereun:o subscribed my name and affxed my notarial seal at Plymouih Meeting, Pennsylvania, on the day and year frst above written.
�P ST Y P�' ..i9.. ry�Y Y � ���
P�yM°Nwf Fl� Notanal 5eal '
PR AN_IA
� u° �i v Teresa Paslella. Nota Public � gY; �/�.�f�-�
oF PI moum iw Mon ome Count I, Teresa Pastella, Notary Public
�.�p My Commission Expires March 28, 201� i
�pl� MembeqPennsylvaniaASSOCiationo/NOGtles
4q�, P•So'
This Power of Attomey is made and exeated pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualry Insurance
Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS - Section 12. Power ofAttorney. Any of(cer or other offcial of the Corporation authorized for ihat purpose in writing by the Chairman or the President, antl subject
to such limitation as the Ghalrman or the President may prascribe, shall eppoint such attorneys-In-fact, as may be necessary to act in behalf of ihe Corporafion to make, executa, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set fodh in their respective
powers of attomey, shall have full power to bind the Corporation by their signaWre and exeation of any such insimments and to attach thereto the seal of the Corporation. When so
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 atlorney-irnfact under
the provisions of this atlicle may be revoked at any time by the Board, the Chairman, the President or by the o�ficer or oKcers granting such power or authority.
ARTICLE XIII - Eeeation of Contracts - SECTION 5. Surety Bonds and Untledakings. Any offcer of Ihe Company authorized for that purpose in writing 6y the chairman or ihe president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-io-fact, as may be necessary to act in behalf of the Company �o make, exeate,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set torth in their
respective powers of attorney, shall have NII power to bind the Company by their signaNre antl exeation of any such instruments and to attach Ihereto the seal of �he Company. When so
exeated such instmments shall be as bi�ding 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 attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surery any and all undertakings, bonds, recognizances and other surery
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 cedifed 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 eNect as though manually aKxed.
I, Gregory W. Davenporl, the undersignetl, Assis�ant Secretary, ofAmerican Fire antl Casualty Company, The Ohio Casualty Insurance Company, LibeRy Mutual Insurance Company, and
West American Insurance Company do hereby certify that ihe original power of attorney of which the foregoi is a full, true antl w ect copy of the Power of Attorney exeat d by said
Companies, is in full force and effect and has not been revoked. `� \ {{{��� �� �{\�
IN TESTIMONY WHEREOF, I have hereunto set my hand and aKxed the seals of said Companies this �_L tlay of �� �/ , pp \ � I .
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Gregory W. Davenport, Assistant Secrelary
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