HomeMy WebLinkAboutCAG2021-360 - Supplement - Olympic Pipe Line Company - Franchise Bond No. 285067524 Liberty Mutual Insurance Company - 07/20/2021 Agreement Routing Form
KEN1� 0T For Approvals,Signatures and Records Management
W A H IN GTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator: Cheryl Rolcik-Wilcox Department., Public Works El-
Date Sent: g/17/21 Date Required:
R
o Authorized ❑ Director or Designee Date of July 20, 2021
to Sign: Council
aMayor Approval.
Budget N/A Grant? Yes ❑� No
Account
Number. Type: N/A
Vendor Olympic Pipeline Category: Franchise
Name:
cC Vendor Sub-Category Bond
Number:
EProject Olympic Pipeline Franchise Ordinance
Name:
0
c Project Bond and Acceptance for Ordinance
c
Details:
£ Agreement N/A Basis for
y Amount: Selection of
Contractor.
a Start Date: N/A Termination Date:
Notice required prior to Yes No Contract Number. CAG2021-360
disclosure?
Date Received by City Attorney. Comments:
IM
c
3
0
cc
d
IM Date Routed to the Mayor's Office:
N
d Date Routed to the City Clerk's Office:
d
Date Sent to Originator.
Visit Documents.KentWA.gov to obtain copies of all agreements
adccW22373_6_19
Franchise Bond
Bond No. 285067524
KNOW ALL MEN BY THESE PRESENTS: That Olympic Pipe Line Company
LLC, (Principal), and LIBERTY MUTUAL INSURANCE COMPANY
(Surety), a corporation duly organized under the laws of the State of
, are held and firmly bound unto City of Kent, Washington
(Obligee), in the full and just sum of twenty-five thousand 00/100 Dollars
($25.000.00), the payment of which sum, well and truly to be made, the said
Principal and Surety bind themselves, their heirs, administrators, executors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal and Obligee have entered into a Franchise Agreement
dated 3uly 20, 2021, for a term of Ten years, is hereby referred to and made a
part hereof.
WHEREAS, Principal is required to perform certain obligations under this
Agreement.
WHEREAS, the Obligee has agreed to accept this bond as security against default
by Principal of performance of its obligations under said Agreement during the time
period this bond is in effect.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if
the Principal shall perform its obligations under this Agreement, then this obligation
shall be void, otherwise to remain in full force and effect, unless otherwise
terminated, cancelled or expired as hereinafter provided.
PROVIDED HOWEVER, that this bond is executed subject to the following express
provisions and conditions:
1. The City shall determine whether Principal has satisfactorily performed as
required. Upon City's determination that Principal has failed to satisfactorily
perform, Principal shall be in default and the Surety's obligations under this
bond shall immediately accrue; provided, however, that nothing in this
section shall prohibit Surety from subsequently bringing an action to seek
repayment from the City for wrongly determining Principal's unsatisfactory
performance.
2. This Bond shall be effective 7/20/2021, and shall remain in full force and
effect thereafter for a period of one year and will automatically extend for
additional one year periods from the expiration date hereof, or any future
expiration date, unless the Surety provides to the Obligee not less than sixty
(60) days advance written notice of its intent not to renew this Bond or
unless the Bond is earlier canceled pursuant to the following. This Bond may
l
be canceled at any time upon sixty (60) days advance written notice from
the Surety to the Obligee,
3. Neither cancellation, termination nor refusal by Surety to extend this bond,
nor inability of Principal to file a replacement bond or replacement security
for its obligations under said Agreement, shall constitute a loss to the Obligee
recoverable under this bond.
4. No claim, action, suit or proceeding shall be instituted against this bond
unless same be brought or instituted and process served within one year
after termination or cancellation of this bond.
5. No right of action shall accrue on this bond for the use of any person,
corporation or entity other than the Obligee named herein or the heirs,
executors, administrators or successors of the Obligee.
6. The aggregate liability of the surety is limited to the penal sum stated herein
regardless of the number of years this bond remains in force or the amount
or number of claims brought against this bond.
This bond is and shall be construed to be strictly one of suretyship only, If
any conflict or inconsistency exists between the Surety's obligations as
described in this bond and as may be described in any underlying agreement,
permit, document or contract to which this band is related, then the terms of
this bond shall supersede and prevail in all respects.
Signed and executed this 5th day of August , 20 21
PRINCIPAL OLYMPIC PIPE LINE COMPANY LLC SURETY LIBERTY MUTUAL INSURANCE COMPANY
g rz/ZpZ i .f . 08/05/2021
SiOdfure I I Date Signature date
Print Name: Terry Zimmerman Print Name: Susan A. welsh
Title: President Title: Attorney-in-Fact
Address: 600 SW 39t" Street Suite 275 Address: 175 Berkeley Street
City: Renton State: WA Zip:98057 City: Boston State: MA Zip;02116
Telephone: 425-981-2506 Telephone: ,3]2) 381-1000
Note: To be considered complete, both the Principal and Surety must sign this
bond and the Surety must notarize its signature and attach a copy of its power of
attorney,
2
STATE OF IL )
) ss.
COUNTY OF Cook )
I hereby certify that I know or have satisfactory evidence that Susan A. Welsh
Attorney-in-Fact is the person who appeared before me, and said
person acknowledged that he/she signed this instrument, on oath stated that he/she
is authorized to execute the instrument on behalf of [name of entity:] LIBERTY MUTUAL
INSURANCE COMPANY as its [title:] Attorney-in-Fact , and such
execution to be the free and voluntary act of such party for the uses and purposes
mentioned in the foregoing instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
Samantha Chierici
NOTARY PUBLIC, in and for the State of IL
residing at: Cook County, IL
My appointment expires: 06/06/2025
OFFICIAL SEAT.
SAMANTHA CHIERICI
NOTARY PUBLIC,STATE OF 1l,IJNft
COOK COUNTY
MY COMMISSION EXPIRES 08MOMM
3
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8205001-285057
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, Christina L.
Sandoval;Diane M.O'Leary;James B.McTaggam Jennifer L.Jakaitis;Jessica B.Dempsey;Judith A.Lucky-Eftimov;Kristin L.Hannigan;Samantha Chierici;Sandra
M.Nowak:Sandra M.Winsted;Susan A.Welsh
all of the city of Chicago state of IL 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 10th day of March 2021 .
Liberty Mutual Insurance Company
P�[NSli POSH INS& d %Nslj. The Ohio Casualty Insurance Company
�J J ooaP0 �Daa— yy \Iz c0 Po"ta>�J West American Insurance CompanyTin 3 Fo t� Q 3 Fo n A-
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1912 1919 0 1991
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By. Fu
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t>3 David M.Carey,Assistant Secretary
M State of PENNSYLVANIA :3
aS 5:3,County of MONTGOMERY ss o E
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On this I Oth day of March 2021 before me personally appeared David M.Care who acknowledged himself to be the Assistant Secrets of Liberty Mutual Insurance
o � Y P Y PP Y: 9 Secretary rtY
Fu 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
CZCZ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >
-=o 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.
P PAS D_0
0 0, TFC Commonwealth of Pennsylvania-Notary Seal
[� p �< Teresa Pastella,Notary Public
O �- a "= y Montgomery County i E
O OF My commission expires March 28,2025 By: 0 N
C Commission number 1126044
`Y P eresa Pastella,Notary Public Q o
NSyLV G Member,Pennsylvania Association of Notaries w
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C 4? 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 3 co
0.9 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: a
00
ARTICLE IV—OFFICERS:Section 12.Power of Attorney. a I
0 coAny 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 m co
> C 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-o M
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 executed, such o a)
Z 0 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 the — M
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. li n
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attomeys-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 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.
I,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 all
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1912 0 °_ 1919 2 1991
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Y`��'s�s4CNd5�ada y° �`"^"Ps�aas �s�'"DiAOP a b Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21