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HomeMy WebLinkAboutAgreements/Contracts - BOCCC) r AMENDED INTERLOCAL AGREEMENT BETWEEN GRANT COUNTY AND THE TOWN OF WILSON CREEK THIS AGREEMENT ("Agreement") is made and entered into by and between Grant County, Washington ("County"), a political subdivision of the State of Washington, by and through Grant County Public Works, and the Town of Wilson Creek, Washington ("Town") pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. WHEREAS, the County has obtained a Local Solid Waste Financial Assistance grant from the Washington State Department of Ecology; and WHEREAS, the County desires to award a sub -grant to the Town for the purpose of funding the Town's continuing effort to operate and maintain a yard waste collection program for town residents in order to divert yard waste from the Ephrata Landfill; and WHEREAS, the County and the Town desire to memorialize the terms and conditions of the Agreement between the parties regarding provision of a sub -grant, NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows: 1 . GRANT FUNDS, ALLOCATION AND PAYMENT a. Grant funds provided to the Town from the County shall not exceed the amount of Five Thousand Six Hundred Twenty-five Dollars and no11 00's ($5,625). Such amount includes reimbursement for labor and fuel to load yard waste into a drop box container, maintenance for front loader, hauling to a compost facility, and compost tipping fees; and b. The total project cost including the 25 per cent cash matchprovided by the Town is estimated at Six Thousand, Seven Hundred Dollars and noJ100's ($7,500); and c. The County shall reimburse the Town 75 per cent of costs associated with the Town's yard waste diversion program. The County shall reimburse the Town on a quarterly basis after supporting documentation is provided to the County, to wit: i. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate requirements necessary to carry out the purposes of this Agreement. NESS MIT ly GAF 8ANI'COUNTY R K AMENDED INTERLOCAL AGREEMENT BETWEEN GRANT COUNTY AND THE TOWN OF WILSON CREEK THIS AGREEMENT ("Agreement") is made and entered into by and between Grant County, Washington ("County"), a political subdivision of the State of Washington, by and through Grant County Public Works, and the Town of Wilson Creek, Washington ("Town") pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. WHEREAS, the County has obtained a Local Solid Waste Financial Assistance grant from the Washington State Department of Ecology; and WHEREAS, the County desires to award a sub -grant to the Town for the purpose of funding the Town's continuing effort to operate and maintain a yard waste collection program for town residents in order to divert yard waste from the Ephrata Landfill; and WHEREAS, the County and the Town desire to memorialize the terms and conditions of the Agreement between the parties regarding provision of a sub -grant, NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows: 1 . GRANT FUNDS, ALLOCATION AND PAYMENT a. Grant funds provided to the Town from the County shall not exceed the amount of Five Thousand Six Hundred Twenty-five Dollars and no11 00's ($5,625). Such amount includes reimbursement for labor and fuel to load yard waste into a drop box container, maintenance for front loader, hauling to a compost facility, and compost tipping fees; and b. The total project cost including the 25 per cent cash matchprovided by the Town is estimated at Six Thousand, Seven Hundred Dollars and noJ100's ($7,500); and c. The County shall reimburse the Town 75 per cent of costs associated with the Town's yard waste diversion program. The County shall reimburse the Town on a quarterly basis after supporting documentation is provided to the County, to wit: i. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate requirements necessary to carry out the purposes of this Agreement. NESS MIT ly d. The County shall reimburse eligible expenditures incurred by the Town between July 1, 2019 and June 30, 2021. e. The Town shall compute hourly wages using "Form H" as provided by the Washington state Department of Ecology, and shall send a copy of the completed "Form H" to Grant County Public Works, and f. The Town shall submit a payment request and progress report to the County each quarter. The progress report must include the weight of yard waste hauled to the compost facility. The payment request and progress report must be submitted to the county no later than fifteen (15) days after the end of each quarter; and ■J�'yJj,. The Town shall provide supporting documentation in support of Y reimbursement, which includes, but may not be limited to, billings, statements, invoices, and time sheets; and h. Faroses ur of this Agreement 44quarters" shall be defined as follows: p p g i, First quarter from the beginning of January to the end of March; ii. second quarter from the beginning of April to the end of June, iii. Third quarter from the beginning of July to the end of September; iv. Fourthq uarter from the beginning of October to the end of December. i. The Town shall, at all times, follow, adhere to, and abide by all Local Solid Waste Financial Assistance grant rules and guidelines set by the Washington state Department of Ecology. 2. TIME OF PERFORMANCE This Agreement runs from July 1, 2019 to June 30, 2021. The Count reserves the right to monitor the performance of the Town County . . concerning operation and: maintenance of the yard waste diversion program. such performance monitoring may include tracking project. g . progress, ress, reviewing payment requests for any applicable costs, and/or overseeing compliance with grant requirements. substandard p performance as determined by the county will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Town within a reasonable period of time after being notified by the g County, agreement suspension or termination procedures will be initiated. ll 4. COMPLIANCE All times material herein, the Town will comply with any applicable federal, state, and local laws, regulation, and policies, governing the funds provided under this Agreement. 5. INDEPENDENT CONTRACTOR. Nothing contained in this Agreement is intended to, or shall be construed in any manner as, creating or establishing the relationship of employer/employee between the parties. 6. HOLD HARMLESS The Town shall hold harmless, defend and indemnify the County from any and all claims, actions, suites, charges and judgments whatsoever that arise out of the Town's performance or nonperformance of the services or subject matter called for in this Agreement. The Town or the County may, upon the agreement of both parties, amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and signed by a duly authorized representative of each organization. Such amendments shall not invalidate this Agreement, or relieve or release the Town or the County from its obligations under this Agreement. 8. TERMINATION This Agreement may he terminated by the County upon giving the Town thirty (30) days advance notice in writing of its intention to do so. Provided: this Agreement may be terminated by the County upon twenty-four (24) hours written notice to the Town if the funds provided under this Agreement are used for an improper purpose. 9. ADMINISTRATIVE REQUIREMENTS The Town agrees to comply with all administrative, accounting principles and procedures as may be required by the Washington State Department of Ecology; maintain all records as may -be required by the County and/or the Washington State Department of Ecology; and, agrees to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement shall be retained by the Town for a period of six (6) years after any final audit of the County by the Washington State Department of Ecology, unless a longer period is required to resolve any audit findings or litigation. In such cases, the County shall request a longer period of record retention. All Town records with respect to any matters covered by this Agreement shall be made available to the County, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 10. NOTICES 11. All notices pursuant to this Agreement shall be in writing and shall be transmitted by facsimile or United State Postal Service, postage prepaid. Any such notice is effective upon receipt by the party to whom the notice is directed. Proof of delivery via facsimile shall be sufficient upon showing a receipt of successful transmission produced by the sending facsimile machine and indicating the telephone number to which the transmission was sent, provided that the receipt indicates the transmission was sent to the phone number of the intended recipient. Notices shall be sent to the following addresses unless written notice of a change of address has been given pursuant 'hereto: To TOWN: Kaci Anderson, Clark Town of Wilson Creek P.O. Box 162 Wilson Creek, WA 98860-0013 (509) 345-2572 To COUNTY: Sam Castro, Director Grant County Public Works 124 Enterprise St. SE Ephrata, WA 98823 509-754-6082 SEVERABILITY If any term, provision, covenant or condition of this Agreement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. 12. ADMINISTRATION OF AGREEMENT No new or separate legal or administrative entity is created to administer the provisions of this Agreement. This Agreement shall be administered by the Town and by Grant County. Issues and/or disputes related to implementation of this Agreement shall be referred to each respective governing authority for resolution. Provided: either party shall be entitled to seek legal remedies including, but not limited to, such remedies as set forth in Chapter 39.34 RCW. 13. ASSIGNMENT Neither party to this Agreement shall be permitted to assign its rights or obligations herein without the advance and express written consent of the other party. 14. APPLICABLE LAW — VENUE This Agreement shall be goverred by and interpreted accord -Ing to the laws of the State of Washington. In the event of any suit or action or other legal proceeding to enforce this Agreement, venue shall' be a court of competent jurisdiction in Grant County, Washington. 15. AUTHORITY Each of the undersigned hereby represents and warrants to the other party that they have the authority to execute and carry out the terms of this Agreement. T, MISHM Fawl, No failure of the County or the Town to insist on the strictest performance of any term of this agreement shall constitute a waiver of any such term or abandonment of this Agreement. 17. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Town and the County for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Town and the County with respect to this Agreement. I/ H IN WITNESS WHEREOF, the Town and Grant County have executed this amended agreement as of the date and year last written below. fl DATED this 71.�U16( of f vi 2021. RF CCS q TY COMMISSIONERS N WE XAMWA Danny E.Atone, Vice Chair Rob4orfes, Member Att6st: Barbra ). Vasquez, CI&V qf the Aard Approved As To Form: /s/ Katharine A. Mathews Katharine A. Mathews, WSBA #20805 Civil Deputy Prosecuting Attorney Date: 4 February 2021 GRAN COW TY PUBLIC WORKS Samuel Cagetroy, Director Date: TOWN OF WILSON CREEK Kevin Newland, Mayor Date: Z 7 To: Board of County Commissioners Date: 2021 Grant County, Washington This certifies that the undersigned has examined the location of 2021 Crushing and Stockpiling, in Grant County., Washington, and that the plans,, specifications and contract governing the work embraced in the improvement, and the method by which payment will be made for said work is understood. The undersigned hereby proposes to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available in accordance with said plans, specifications and contract and at the following schedule of rates and prices. 2021 Crushing and Stockpiling Note: Unit prices for all items, all extensions, and total amount must be shown. Please type or use ink. Please initial all changes. Item Plan Item Description Price per Unit* Total Amount No. Quantity Stockpile —Index #580, Monument Hill Quarry Dollars .Cents Dollars .Cents rKtVAKA I IUIM 100% Mobilization At Lump Sum 111H1111,11111 9q6JO Per Lump Sum 2 100% Notification At Lump Sum Stockpile —Index #580, Monument Hill Quarry /////////•///// two, Road Quarry Per Lump Sum 1000 , I a I U%.1%r1L11VU 3 121000.0 Special Crushed Coverstone in At Ton Stockpile —Index #580, Monument Hill Quarry '68 61i Per Ton 6.'6?0 Road Quarry Per Ton 4 2.71000.0 Crushed Surfacing Top Course in At Ton Stockpile —Index #580, Monument Hill Quarry $ ,c?� Per Ton ��� ��, " 5 12,000.0 Ton Crushed Surfacing Base Course in Stockpile —Index #580, Monument Hill Quarry At q $3 Per Ton 57 960 36 -NF Rnnrl 11imrru1tjZ.Q4Z 6 10,000.0 Special Crushed Coverstone in At Ton Stockpile — Index #586, 36 -NE S 7afto boo Road Quarry Per Ton /-UZJL LKU.")HINU ANU.) I UCKPILING Proposal --Page -1 Item No. 7 Plan Quantity 15,000.0 Ton Item Description Crushed Surfacing Top Course in Stockpile — Index #586,, 36—NE Road Quarry Price per Unit* Total Amount Dollars. Cents Dollars .Cents At ,5 ea'3 -7 Per Ton Contract Total q 97 100 2021 CRUSHING AND STOCKPILING vroposai -- rage z Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (2/9/2021), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46,, 49.48, or 49.52 RCW, as determined by a T 'inal and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited orgeneral jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, FVCYS 0 C'. vo�o Bidder's Business Name Signature of Authorized Official* bZlbll-g DZ I b � ZQ2�t) Dae 'I City State - Check One: Sole Proprietorship ❑ Partnership F-1 Joint Venture F-1 Corporation It State of Incorporation, or if not a corporation,. State where business entity was formed: alqo If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner, ZUZI UKU.")HINU ANU ')I UCKPILING Proposal — Page Failure to return this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. Non -Collusion Declaration 1, 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. ILI To report bid rigging activities call: 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. Revised 8/95 From DOT Form 272-0361 EF 07/2011 2021 CRUSHING AND STOCKPILING rdgl= � MRqYrES OF SPECIAL MEETING OF DMECTORS AND SHAREHOLDERS AND RES MUTION OF SEUBERT EXCAVATORS, INC. A special meeting of directors and shareholders of Seubert Excavators, Inc. was held on I C2 2004. Those present were.- Jeanne M. • ("Cheriepher P. ') Seubert, Phillip T. Seubert, Christo 8 cub ert, Nicholas R , S cub ert, Thomas C. Riener, Vincent B, Hattrup, and P Pain. Hattrap, representing both the directors and owners of all outstanding shares'. . It was moved that the following Resolution be adopted, which was passed with the Manimous vote of shareholders: "RESOLVED,- That to aid in the ongoing business of construction of public, works contracts, and of othbr construction contracts, all current and fuWre corporate officers shall expressly have the authorit� to execute construction contracts and supply contracts with public entities and with others, and shall expressly have authority to exec -ate change orders, pay estimates and all other contract documents thereunder all without limitation i Proposal — Signature Page 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. A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto: Cash El In the Amount of Cashier's Check El Certified Check Proposal Bond Dollars El ($ _) Payable to the Grant County Treasurer In the Amount of 5% of the Bid Receipt is hereby acknowledge'd of addendum(s) Nol.(s) & Proposal Must Be Signed �hh lop - Firm Name Address Signature of Authorized Official(s) !�'t bl'Yl�� �.. f��,P�1 py— - - �41 Please Print Name of Authorized Official �l lb�l/t,�ba ��2%� g 3'22 State of Washington Contractor's License No. ✓��L�$����2.� � �.� Federal IDNo. �%—. � Qt�,�6 rj.3 Note: (1) This proposal form is not transferable and any alteration entered hereon without prior permission from the County Engineer will be cause for considering the proposal irregular and subsequent rejection of bid. (2) Please refer to section 1-02. 6, of the standard specifications, re:" Preparation of Proposal" or "Article 4--' of the instructions to bidders for building construction jobs. (3) Should. it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication: rXt--V1btU O/Jo LUZI UKUZ)HINU ANU 51 UCKPILING TProposal -- Page 5 Statement of Contractor Qualifications To: Board ofCounty Commissioners [)ate: 2021 Grant County, Washington RE: 2021 Crushing and Stockpiling | hereby maintain that |amaresponsible bidder ascontemplated by the policies of the State of Washington and Chapter 3G.77ofthe Revised Code ofWashington. _ —, permanent business name and address isS&Ltbed ____-� A7...33 71 which | have nnaintainedfor�8 years. Myphone is( Fax 2. 1 have adequate plant equipment to expeditiously and properly perform th.e work contemplated for Grant County, Washington. Description of work: This contract provides for crushing, screening and stockpiling 76,000 tons of crushed surfacing mineral aggregates and other work at two locations in Grant [ounty, WA all in accordance with the attached Contract Plans, these Contract Provisions and the Standard Specifications. (Please list equipment to be used on this project. Attach list if necessary.) ^ )-Iz Taw �IraA9k-` -fox i J �,rk 4 ,Pr; /1, sc-LRA& f &ekk 00- -Volvo Jb C -m Lo"k' a V01yo qb ropti do vajo S. | have adequate funds zopromptly meet uun��um/smuu=.``"this work. ,.~.'.e bank, contact — G�phone.) a) -' b\ (Z 0 bart a, -------- 4. | have adequate experience in this class of work and | am thoroughly familiar with the specifications used in this project. | have constructed the following similar improvements: (Provide project nant cL& phone.) NI -0 b)lozaLa, I lbdiswi'll ro 9) Y- 71 to / 9.6 - 'D Aairtok) . ;Pfm *j -v 5. \haye�ubrn/teuanonoa/ntamannuanyu Stu/mmuv"e="".".="==.".".~.~.'~^.._'..__ to the VV`shingLonState Department OT) Yes M No [] Region: Aa) \ am prequalifiedco P �& in the amount of no I have failed to be prequalified for the following reasons: The Contracting Agency may determine aprospective Bidder who isnot prequalified toperform certain types ofwork within the financial and experience constraints determined bvWSDOTto be not responsible and refuse to award a contract. The B'oard of County Commissioners shall proceed to award the contract to the lowest and best bidder but may rejectany orall bids ifinits opinion good cause exists therefor. (RCW 36.77.040) | hereby certify that the above statements are true and accurate. Very trulyr By: (PhntNanme) CompanyNorne: 542 E;;�c Address: [ity State,zip: Washington State Contractor's License Wo.: 2021 CRUSHING AND STOCKPILING vroposai — rage u KNOW ALL MEN BY THESE PRESENTS: That we, Seubert Excavators, Inc. as Principal and Libertv Mutual Insurance Company , as Surety, are held and firmly bound unto Grant County, Washington, as Obligee, in the penal sum of Five Percent of Total Amount Bid Dollars ($ 5% ) for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns., jointly and severally, by these presents. The condition of the obligation is such that if the Obligee shall make any award to the Principal for 2021 Crushing and Stockpiling, located in Grant County, Washington, according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of saidproposal or bid and award and shall give bond for the faithful performance thereof, with the Surety or Sureties approved by the Obligee; or if the principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond, SIGNED, SEALED AND DATED TMS 1stBAYFebruary._., 2021 Principal Ife Surety.Ubedxt MutuaLlnsula Ca ons an Attorney -in -Fact Brenda J. Smitr 0 o 04 co 0 CH Seal No. 1978 ZUZI tKUbH1Nb AND 5 VOCKPILING Proposal —Page 7 tl This Power of Attorney limits the acts of those named herein, and they have no authority to bind d the Company except in the manner and to the extent herein stated. Not valid for mortgage, note, loan, letter of credit, bank deposit currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610.832-8240 between 9:00 am and 4:30 pm EST on any business day. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation 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, Brenda J. Smith of the city of Boise state of I Q its true and lawful attorney-in-fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name: Seubert Excavators, Inc. Obligee Name: Grant County, Washington Surety Bond Number: Bid Bond Bond Amount: See Bond Form IN WITNESS WHEREOF, 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 12th day of December, 2018. �Msvp� � %I INsuA., The Ohio Casualty Insurance Company C 0 0 WLiberty Mutual Insurance Company 1; 019 Wes erican Insurance Company 1912 1919 Z 1991 0 .10 V% By: David 'Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 12th day of _December, 2018, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. PA +% COMMONWEALTH OF PENNSYLVANIA ON Notarial Seat Teresa Pastella, Notary Public OF Upper MerionTwp., Montgomery County By: 4, My Commission Expires March 2$, 2+D1 Teresa -Pastel[ a, Notary Public 7 ember, Pennsylvania Association of Notaries This Power of Attorne ade and executed pursuant to and by authority of the following By-laws and Authorizations of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation 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, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, -shall have full power to bind the r oration by their signature, and. eXecution, of an and to attach thereto the seal of the Corporation. Corporation instruments shall be- as bin -ding as Vi When so execuw, such ins' signed by the President and attested to by the Secretary. 'Any power or allthority granted to any representative or attorney- in-fact under: the provisions of this article may be revoked at any time by the 'Board, the Chairman, the President or by the officer or officers granting such power or authority. 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 prescAbe, shall appoint such aftorneys-in-fact, as may be necessary to act in behalf ofthe Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances; and other surety obligations. Such aftomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments . and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys4n- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and al I 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. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this 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 1 st I INS& A VkP 0 r , 0 1912 1919 0 1991 3: 'A day of February 1 2021 — . . INOPW got By: Ae?ree C. LleidykAssistant Secretary