HomeMy WebLinkAbout001267 Original Contract The City of Port Angeles
Record # 001267
WASTEWATER TREATMENT PLANTiCITY OF PORT ANGELES
BIOSOLIDS DEWATERING PROJECT
O� PORT PREPARED FOR:
CITY OF
PORT ANGELES
321 E. 5TH STREET
PORT ANGELES, WA 98362
CITY PROJECT NO. WW-02-05
K/J PROJECT NO. 1697006
MAY 2017
VOLUME 1 OF 2:
BIDDING AND CONTRACT DOCUMENTS
TECHNICAL SPECIFICATIONS
DIVISIONS 0-17
Kennedy/Jenks Consultants
Engineers & Scientists
- CONTRACT FOR PURCHASE OF BIOSOLIDS DENVATERING
EQUIPMENT
Contract No. WW 02—U
THIS AGREEMENT made and entered into in triplicate by and between the City of
Port Angeles,WA, hereinafter called the"City", and FKC Co., Ltd.,herein after
called the"Supplier."
WITNESSETH:
That in consideration of the terns and conditions contained herein and
attached and made a part of this Agreement, the parties hereto agree as
follows:
1. The Supplier shall supply all goods, equipment, materials. and supplies, and
perform all work and services in accordance with ar: described herein
and in the attached FKC Proposal Number OT032 1%roR 1. that is by this
Vreference incorporated herein and made a part hereof.
Il. The Work of this Contract consists of the manufacture, delivery. startup.
and associated services for furnishing the following goods:
•-� One(1) each FKC Model BHX-800x4500L Screw Press with 21-iP
motor
One(1)each FKC 175 gallon Flocculation Tank with agitator and
motor
.,, One(1) each Floc Tank Access Platform—aluminum
One(1) each FKC horizontal distributing Screw Conveyor with inlet
J-ute
One t_i) eaci-_ A h VIA 4 Control Panel
_ One(1) each Polymer Makedown System
I1I. Contract Times: The above listed goods are to be delivered to the Port
Angeles Wastewater Treatment Plug._ t h;:tL October 31, 2017.
IV. Contract Price: City shall pay Seller for fu. the Goods and
Services in accordance with the attached documents in current funds
follows: Lump Sum of$417,889 (four hundred seventeen thousand eight
hundred eighty-nine dollars)
i
V. Assignment: City has the right to assign the Contract for furnishing Goods
and Special Services hereunder and Seller shall accept such assignment.
Forms documenting the assignment of the Contract are attached as exhibits to
this Agreement.
1. The Contract will be executed in the name of City initially, and may be
assigned to a construction contractor designated by City. The
assignment may occur on the effective date of the agreement between
City and the Construction Contractor, which is expected to occur on or
about October 1, 2017. As of the date of acceptance of assignment by
the construction contractor, all references in the Contract to City shall
mean the designated contractor whose responsibilities will include the
installation of the Goods.
2. The assignment of the Contract shall relieve City from all further
obligations and liabilities under the Contract. After assignment; Seller
shall become a subcontractor or supplier to the assignee and, except as
noted herein, all rights,duties, and obligations of City under the
Contract shall become the rights, duties and obligations of the assignee.
3. After assignn-ent .til performances warranties and guarantees required
by the Contras: �Ivill continue to run for the benefit L•i Cin a_Id. !N.
—
addition, for the nenefit of the assignee.
VI. The Supplier shall provide and bear the expense el- all
equipment, materials, and supplies, as well as ull
sort whatsoever that may be required or incidc3-itui to such gouds.
equipment, materials and supplies as provided for in this Contract and
every part thereof
VII. The Supplier agrees to accept as full payment hereunder the amounts
specified in the Proposal,and the City agrees to make payments at the times
and in the manner and upon the terms and conditions set forth in said
Proposal, as modified and superseded by the Specifications.
—
IN WITNESS WHEREOF,the Parties hereto have caused this Contract to be executed:
Company name: City of Port Angeles
Billing address: 321 E. 5" Street
Port Angeles,WA 98362
City Contact: Jeff Bender. P.E.
ibender(a,citvofpa us
360-417-4809
City Authorization:
Dan McKeen,City Manager
Date:
Approved as to Form:
William Bloor,City Attorney
Date: S -s-
Attest:
SAttest:
/Oft Qju�g n
'?ennifer Veneklasen,City Clerk
Date: ✓+ ��
Accepted by FKC Co. Ltd.: _ k 1 E—tj
-j
Roger Olson,Pr sident M i o o►
V d
Date:
S/ -67 O 600
i
ASSIGNMENT OF CON'I*RACT FOR PURCHASE OF
BIOSOLIDS DENN ATERING EQUIPMENT
-- "r o
[CONTRACTOR)
THIS AGRE ENT, made and entered into this 3-tk day of/VY G,,t, T,
2017,by the City of °`} (hereinafter"City"), a municipal corporation in the State
of Washington, FKC Co.. Ltd. (hereinafter"Supplier'), a corporation organized under
the Iaws of
the State of ,and A%W,, (hereinafter"Contractor"),a
corporation organized under the laws of-the State of asl�►w,-}ova
WHEREAS, City contracted with Supplier to furnish a Screw Press and
ancillary equipment(Screw Press);
WHEREAS, City has entered into a contract with Contractor for the installation of
the Screw Press and ancillary work,
WHEREAS, the contract between City and Contractor contemplates the
assignment of the contract;
WHEREAS, it is intended that Contractor will coordinate with Supplier for the
supply, delivery, storage, and installation of the Screw Press;
WHEREAS,to assist in the housing and installation of the Screw Press the parties
agree to assign City's responsibilities in the contract to Contractor;
NOW WHEREAS, it is mutually agreed by and between the undersigned
parties as follows:
1. The contract between City and Supplier for the procurement of a Screw
Press from the executed contract titled "Contract for Purchase of Biosolids
Dewatering Equipment"(see Exhibit A) is herehv assigned,transferred,
and set oN er to Contractor, N+ be respor, 'c for City's obligations
conc:ined in the Screw Press purchr:� :a i ._', ntractor shall provide
all items supplied by the Supplier speci"ed in 111'.0 Technical Specifications
for a complete and operable Screw Press facility. This assignment will be
effective when signed by all three parties.
2. This assignment of the contract is intended to facilitate the smooth
provision of technical information and support between Contractor and
Supplier during the course of general construction work(i.e.,the
installation of the Screw Press), while retaining City's rights to enforce
all guarantees, warranties and service programs under the contract. Until
final acceptance of the general construction work, both the Contractor and
City may enforce all guarantees, warranties and
Page l of 2
service programs under the contract. Upon final acceptance of the general
construction work,the Contractor shall assign the contract back to the City. This
second assignment will occur automatically upon final acceptance,without further
action by the signatories below. Prior to and following final acceptance, Contractor
shall provide City with all information and/or assistance necessary for maintaining
City's continuing rights under the contract including,but not limited to, all
... guarantees,warranties and service programs.
ASSIGNMENT DIRECTED BY:City of Port Angeles
Date: D s . �7
t
By: \ - Acx !, C-Vy �{c...�.\er
[NAM /T LE) J
I
ASSIGNMENT CONSENTED TO BY:FKC Co. Ltd., Inc.
n
ii
Date: 9 -9 -1-7
ABy:
N-A-MEMT LEI
ASSIGNMENT ACCEPTED BY:[CONTRACTORI
Date. /
[ E/TITLEI
APPROVED AS TO FORM: City Attorney
Date: j
By: --
[NA EJ
Page 2 of 2
SECTION 00510
AGREEMENT AND PUBLIC WORKS CONTRACT
THIS AGREEMENT and PUBLIC WORKS CONTRACT("Contract")is made and entered into in
duplicate as of the date of the last signature affixed below,by and between the City of Port Angeles,
a Washington municipal corporation ("City" or "Owner"), and Rognlins' Inc., a Washington
Corporation ("Contractor").
WITNESSETH:
That WHEREAS the Owner heretofore caused to be prepared certain conditions for the construction
of
City of Port Angcics WN TP Biosolids Dewatering Project
Project No. � \V-0?-05
-- and the Contractor did on 13th day of June, 2017, file with the Owner a proposal to construct the
improvements and agreed to accept as payment therefore the sum fully stated and set forth in the
Proposal, and;
WHEREAS, the Contract Documents fully and accurately described in terms and conditions upon
which the Contractor proposes to furnish the equipment, labor, materials. and appurtenances and
perform the work, together x�ith the manner and time of furnishing same;
IT IS THEREFORE AGREED,first,that a copy of the Proposal and other Contract Documents filed
with the Owner,as aforesaid,does, in all particulars,become a part of the Agreement and Contract
by and between the parties hereto in all matters and things therein set forth and described; and
further,that the Owner and the Contractor hereby accept and agree to the terms and conditions of the
Contract Documents as filed as completely as if the terms,specifications,conditions,and plans were
herein set out in full.
This Contract, the Contract Documents and any supporting contract documents contain all of the
agreements of the Parties with respect to any matter covered or mentioned in this Contract and no
prior agreements or understandings shall be effective for any purpose. Terms used in this Contract
which are defined in Article 1 of the General Conditions will have the meanings described therein.
No provision of this Contract may be amended except by written agreement of the Parties. The
Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights
hereunder without the prior written consent of the City. In the event the City consents to any such
assignment or transfer, such consent shall in no way release the Contractor from any of its
obligations or liabilities under this Contract.
City of Port Angeles 00510- 1 Agreement and Public Works Contract
WWTP Biosolids Dewatering Project
City Project No. WW-02-05
K/J Project No. 1697006"00
Bid Set
Subject to the preceding sentence,this Contract shall be binding upon and inure to the benefit of the
Parties' successors in interest,heirs and assigns. The venue for any dispute related to this Contract
shall be Clallam County, Washington. Failure of the City to declare any breach or default
immediately upon occurrence thereof, or delay in taking any action in connection with, shall not
waive such breach or default. This Contract shall be governed by and interpreted in accordance with
the laws of the State of Washington. Each individual executing this Contract on behalf of the City
and Contractor represents and warrants that such individuals are duly authorized to execute this
Contract. Time is of the essence for this Contract and each and all of its provisions in which
performance is a factor. Adherence to completion dates is essential to the Contractor's performance
of this Contract. In the event of a conflict between the terms and provisions of any of the Contract
Documents, the City Manager or his or her designee shall issue an interpretation of the controlling
document, which interpretation shall be final and binding.
IN FAITH WHEREOF, witness the hand and seals of both parties hereto on the date of the last
signature affixed below.
DATED the date of the last signature affixed below.
ROGNLIN'S INC: CITY OF PORT ANGELES:
30it�A ot
L _
By: Dan . cKeen, City Manager
Printed Name: �,`� �� Date:
Title: Ce � :7Q h fi Appro', d as to Form:
Date: L�
William Bloor, City Attorney
—
dress:
1 f 4 Attest:
AQ=key M. LOR a zo Ila
Phone Number: 2 �,. ZZO
,, ennife Veneklasen, City Clerk
**END OF SECTION**
City of Port Angeles 00510-2 Agreement and Public Works Contract
WWTP Biosolids Dewatering Project
City Project No. WW-02-05
KIJ Project No. 1697006'00
Bid Set
SECTION 00610
PERFORMANCE BOND
to City of Port Angeles, WA
Bond No. 023040163
The City of Port Angeles, Washington, has awarded to Rognlin's, Inc. (Principal), a
contract for the construction of the project designated as WWTP Biosolide Dewatering Project,
Project No. WW-02-05, in Port Angeles,Washington, and said Principal is required to furnish a bond
for performance of all obligations under the Contract.
Liberty Mutual
The Principal, and Insurance Comoarn(Surety), a corporation, organized under the laws of the State of
Ma-unwhicc_,tts and licensed to do business in the State of Washington as surety and named in the
current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register
by the Audit Staff Bureau of Accounts, U.S.Treasury Dept., are jointly and severally held and firmly
bound to the City in the sum of 'One Million US Dollars($ 1.203.119.68 )Total
Contract Amount, subject to the provisions herein.
'Two Hundred Three Thousand One Hundred Nineteen and 68/100
This statutory performance bond shall become null and void, if and when the Principal, its heirs,
executors, administrators, successors, or assigns shall well and faithfully perform all of the
Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized
modifications, additions, and changes to said Contract that may hereafter be made, at the time and
in the manner therein specified; and if such performance obligations have not been fulfilled,this
bond shall remain in full force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the
terms of the Contract, the specifications accompanying the Contract, or to the work to be performed
under the Contract shall in any way affect its obligation on this bond,and waives notice of any
change, extension of time, alteration or addition to the terms of the Contract or the work performed.
The Surety agrees that modifications and changes to the terms and conditions of the Contract that
increase the total amount to be paid the Principal shall automatically increase the obligation of the
Surety on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly
authorized officers.This bond will only be accepted if it is accompanied by a fully executed and
original power of attorney for the officer executing on behalf of the surety.
PRIN IPAL Rognlin's, Inc. SURETY Liberty Mutual Insurance Company
l ///i� l+k`— 7121/2017
Principal c, ire ``vC rely Signature Date
�O�oQ,QORATF
D•irted Name ��; '��n Phired a SwaL1SOn _
mey-in-Fact
-me
Name, address, and telephone of local � Lrety Company is:
Propel Insurance
-" P n_ Rnx 9940
City of Port Angeles 00610 - 1 Performance and Payment Bonds
WWTP Biosotids Dewatering Project
City Project No. WW-02-05
K/J Project No. 1697006'00
Bid Set
SECTION 00610
+' PAYMENT BOND
to City of Port Angeles,WA
Bond No. 023040163
The City of Port Angeles, Washington, has awarded to Rognlin's, Inc. (Principal), a contract
for the construction of the project designated as WWTP Biosolids Dewatering Project, Project No.
WW-02-05, in Port Angeles,Washington, and said Principal is required under the terms of that
Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington (RCW)
and (where applicable) 60.28 RCW.
Liberty Mutual Insurance
The Principal, and Company (Surety), a corporation, organized under the laws of the State of
Massachusetts and licensed to do business in the State of Washington as surety and named in the
current list of "Surety Companies Acceptable in Federal Bonds"as published in the Federal Register
by the Audit Staff Bureau of Accounts, U.S.Treasury Dept., are jointly and severally held and firmly
bound to the City of Port Angeles in the sum of--*One Minion _US Dollars ($ 1.203,119.68 )
Total Contract Amount, subject to the provisions herein.
*Two Hundred Three Thousand One Hundred Nineteen and 68/100
This statutory payment bond shall become null and void, if and when the Principal, its heirs,
executors, administrators, successors, or assigns shall pay all persons in accordance with Titles
60.28, 39.08, and 39.12 RCW including all workers, laborers, mechanics, subcontractors, and
materialmen, and all persons who shall supply such contractor or subcontractor with provisions and
supplies for the carrying on of such work, and all taxes incurred on said Contract under Title 50 and
51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment
obligations have not been fulfilled,this bond shall remain in force and effect.
The Surety for value received agrees that no change, extension of time,alteration or addition to the
terms of the Contract, the specifications accompanying the Contract, or to the work to be performed
under the Contract shall in any way affect its obligation on this bond, and waives notice of any
change, extension of time, alteration or addition to the terms of the Contract or the work performed.
The Surety agrees that modifications and changes to the terms and conditions of the Contract that
increase the total amount to be paid the Principal shall automatically increase the obligation of the
._ Surety on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two(2) original counterparts, and shall be signed by the parties' duly
authorized officers. This bond will only be accepted if it is accompanied by a fully executed and
original power of attorney for the officer executing on behalf of the surety.
PRI CIPAL Rognlin's, Inc. SURETY Liberty M ual Insurance Company
/ 1/ /� te� t,y-- 7/21/2017
tg`
?nncp gnat�re D ...........r / // SuretySignaiire Date
p� /
fyll e. c Sywekr
� „�=; � :' �Karen C. Swanson
,.. P,nteJ Name ^rteJ Na"s
SEAL
ttomev�in-Fact
ate ` _ tte
Name, address, and telephone of .¢ Q\ urety Company is:
Propel Insurance ////f;.....,.,. uQ\\\\
P_O Box 2940
TaGoma,VVA 98401 (253)759-2200
**END OF SECTION**
City of Port Angeles 00610 -2 Performance and Payment Bonds
WWTP Biosolids Dewatering Project
City Project No.WW-02-05
K/J Project No. 1697006*00
Bid Set
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.
Certificate No 7778246
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
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.
r. Aliceon A.Kellner;Annelies M.Richie;Brandon K.Bush;Brent E.Heilesen;Carley Espiritu;Christopher Kinyon;Cynthia L.Jay;Diane M.Harding;Eric
A.Zimmerman;Heather L.Allen;James B.Binder;Jamie Diemer;Jon J.Oja;Julie R.Truitt;Karen C.Swanson;Kyle J.Howat Mary S.Norrell;Peter
J.Comfort
all of the city of Tacoma state of WA each individually if there be more than one named,its true and lawful attomey-irt-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,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.
I
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 23rd day of May 2017
tv
The Ohio Casualty Insurance Company y
T e eLiberty Mutual Insurance Company m
191z j s ty9t West American Insurance Company N
to �^: A•„p. s -�w � y,::. �/ �/� 3
C STATE OF PENNSYLVANIA ss V77 -David'M� ..Care Assistant Secretary C
W COUNTY OF MONTGOMERY =
I On this 23rd day of May 2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance M f-
V ty 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 >,y)
2
D> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W
e0 G
r > 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. O C.
24)
' PAST COMMONWEALTH OF PENNSYLVANIA r.Q M
��o�onw�(Fe Not anai Seal 4_4
N r- x Y Teresa Pastella.Notary PuMtc By: �1���-'Q'�'� 0
Dd Of upper Mencr Twp..Montgomery County Teresa Pastella,Notary Public
r My Commission Expires March 28.2021 3 r9
a1 00 �a� k'emb-Pe rlvano Assmol,,-at Notanes aO
-qRv %
^tp This Power of Attorney is made and executed pursuant to and by authonty of the following By-laws and Authorizations of The Ohio Casualty Insurance Company. Liberty Mutual to p
+, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: Z
ea 14) ARTICLE IV-OFFICERS-Section 12.Power of Attomey.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O e
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, �,+aa)
,c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneysin-fact,subject to the limitations set forth in their respective 3
y 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 R a1
Q executed,such instruments shall be as binding as if signed by the President and attested to by the Secrecy.Any power or authority granted to any representative or attomey4-fact under > a
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. t N
c c 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, 00
+' d and subject to such limitations as the chairman or the president may prescribe.shall appoint such attomeys-in-fact.as may be necessary to act in behalf of the Company to make,execute. L M
LZ U 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 forth in their =o0,
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 0 o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. L)co
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 ad on behalf of the Company to make.execute.seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
1 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, 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.
j IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this day of 20_t:7
OF
1912 - 1991By: V�_
.v s Renee C.L -stant Secretary
363 of 800
LMS_12873_022017
— RELEASE OF RETAINAGE BOND OF CONTRACTOR
Bond No. 023040164
KNOW ALL MEN BY THESE PRESENTS: That we Rognlin's, Inc.
(hereinafter called Principal), and Liberty Mutual Insurance Company a corporation
organized and doing business under and by virtue of the laws of the state of Massachusetts
and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds
or undertakings required and authorized by the State of Washington, (hereinafter called Surety),
as Surety, are held firmly bound unto City of Port Angeles , (hereinafter
called Obligee) in the just and full sum of Fifty-five Thousand Four Hundred Ninety-four And 45/100THS
655,494.45 )plus 5%of any increases in the contract amount that have occurred or may
occur, due to change orders, increases in the quantities or the addition of any new item of work
-' THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, Whereas,the said Principal on
the day of 2017 entered into a written contract with the said
obligee for WWTP Biosolids Dewatering Project, Project No. WW-02-05
which said contract is hereby referred to and made a part hereof by reference.
WHEREAS,Pursuant to Chapter 60.28 RCW, the above named Principal has requested release
of retained percentage earned or which may be earned under said contract, and,
WHEREAS,the obligee is willing to release retained percentage in advance of contract terms
relating to payment provided the principal shall file bond to indemnify the obligee for all loss,
cost or damages which the obligee may sustain by reason of payment of retainage to the
principal,which bond shall be subject to all claims and liens in the same manner and same
priority as apply to the retainage percentage released, or to be released,
NOW, THEREFORE, the condition of this obligation is such that if the principal shall indemnify
the obligee for all loss,cost or damages which the obligee may sustain by reason of payment of
retained percentage to the principal then this obligation shall be null and void unless otherwise to
remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly
signed and sealed this 21st day of July 2017
Rognlin's, Inc. S'
OR
ORAT�•.'•
Principal �Ie S rc�SS, V`Ce bus► yx
Liberty Mutual Insurance Company
By:
Karen C. Swanson
Attorney-in-Fact
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.
Certificate No. 7778243
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
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 therein collectively called the-Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,
-� Aliceon A.Keltner,Annelies M.Richie;Brandon K.Bush;Brent E.Heilesen;Carley Espiritu;Christopher Kinyon;Cynthia L.Jay;Diane M.Harding;Eric
A.Zimmerman;Heather L.Allen;James B.Binder;Jamie Diemer;Jon J.Oja;Julie R.Truitt;Karen C.Swanson;Kyle J.Howat;Mary S.Norrell;Peter
J.Comfort
.�, all of the city of Tacoma state of WA 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,any and all undertakings,bonds,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,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 23rd day of May 2017
rls
The Ohio Casualty Insurance Company y
C Liberty Mutual Insurance Company m
91
q t q' West American Insurance Company
By-
1 = STATE OF PENNSYLVANIA ss David M.Carey.Assistant Secretary
cls
COUNTY OF MONTGOMERY _ 00
p� On this 23rd day of May 2017,before me personally appeared David M.Carey.who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v f_
v O 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 AW
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O
E
u > IN WITNESS!`!HEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O CL
r
Sp, PAST COMMONWEALTH Of PENNSYLYANtAii � � Q M
"O od fir. Notarial Sea_ //^ .�
Y Teresa Pastella,Notary Public I By: Z� Z L•O
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O Upper Merron Twp.,Montgomery County Teresa Pastella,Notary Public d C
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_ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company. Liberty Mutual .0)p
Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o
of
cC d 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 O C
4; 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, >4y
.c acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective
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 4)
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 attomey-in-fact under >-0
>, 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.
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e C 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, 00
d and subject to such limitations as the chairman or the president may prescribe.shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute. M
seal,acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations setforth in their 00
LZ5 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 00
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executed such instruments shall be as binding as if signed by the president and attested by the secretary. OT
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 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.
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1, Renee C. Llewellyn, the undersigned. Assistant Secretary, 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 day of .2 .
;-f INS/� Uc. iti SiJ�,iy
o Y i919 41972 i z 1991 9y.
it F �. _ R r9sisistant Secretary
360 of 800
LMS 12873 022017
RESOLUTION NO.IA -t1
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, authorizing the Public Works and Utilities
DeparEnent to purchase a FKC Model BHX-800x4500L screw
press with 2HP motor and associatod accessories through FKC
Co., Ltd., a sole source provider of the FKC Model BHS
800x4500L screw press and accessories.
WHEREAS, the City of Port Angeles Wasle Water Treatrnent Plant produces
class B biosolids that are combined with green waste to produce class A compost. In
order to produce class B biosolids at the Waste Water Treatment Plant, the material must
be dewatered. Currently, the City uses a belt press to dewater the material, but the belt
press is inefficient, requires significant maintenance, and produces sigtificant press rff)m
humidity, occasional spills, and odors; and
WHEREAS, a screw press is more efficien! provides flexible feed rates, and
are similar to the currently us€d belt press. A screw press is also enclosed and can be
vented into the Waste Water Treatrnent Plant HVAC system providing moisture and odor
control; and
WHEREAS, the FKC screw press is the only screw press that can modified to
produce class A biosolids, allows for custom control systems rather than a
preprogrammed package; has readily available parts and factory service in the state of
Washington; includes instrumentation and integration with the City's other process
equipment through a polymer system; and includes fitnent and modified equipment to
accommodate existing infrastructure; and
WHEREAS, FKC Co., Ltd. is the sole source provider and distributer of FKC
Model BHX -800x4500L screw presses and accessories in Washington; and
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WHEREAS, RCW 39.04.280 provides for an exernption from the competitive
bidding requirements for purchases that are clearly and legitimately limited to a single
source ofsupply.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Port Angeles that:
The City Manager is authorized to apprcve a purchase order with FKC, Co.,
Ltd.
PASSED by the City Council of the City of Port Angeles at a regular meeting
of said Councit held on the]L day of April, 2Ol7 Z
atrick g Mayor
ATTEST:
eneklasen, City Clerk
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wil . Bloor, City ttomev
D ttoldl 0' . M.asoL Sorc 0.09 I ] urd
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APPROVED AS TO FORI!g
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