66-98 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30048
66-98
Ordinance No.____________________
OLD DUBLIN TOWN SQUARE
FOR THE CITY OF DUBLIN,
APPROPRIATING FUNDS AND
DECLARING AND EMERGENCY
WHEREAS, after advertising, receiving and opening bids on May 15, 1998 for the
Landscaping and Interim Parking Lot Improvements in Old Dublin Town Square; and
--19--------
WHEREAS, Council has determined that the lowest and best bid for said project is from
Strawser Paving Company of Columbus, Ohio, in the amount of $39,093.60; and
WHEREAS, it is in the best interest of the City to execute this contract as soon as
possible so that construction can take place during favorable weather conditions; and
WHEREAS, it is necessary to amend the annual appropriations measure to provide
funding for this project.
NO~JV THEREFORE BE IT ORDAINED by the Council of the City of Dublin, Ohio,
~_ of the elected members concurring:
Section 1. That the bid from Strawser Paving Company in the amount of $39,093.60
be, and hereby is, accepted. '
Section 2. That the City Manager is hereby authorized and directed to execute a
contract with Strawser Paving Company for completion of said project pursuant to the bid
specifications and documents on file in the office of the City Engineer.
ection That there be appropriated from the unappropriated balance in the Capital
Improvement Tax Fund the amount of $43,000 to account 40-03-14-2550.
ection 4. That this Ordinance be, and the same hereby is, declared to be an
emergency measure for the preservation of the public peace, health or welfare of the
residents of this City, and, therefore, this Ordinance shall take effect and be in force
immediately upon its passage.
P
ATTEST:
Passed
AN ORDINANCE TO ACCEPT THE LOWEST/
BEST BID FOR THE LANDSCAPING AND
INTERIM PARKING LOT IMPROVEMENTS IN
day of
1998.
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Clerk of Council
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G:\OFFICE\W P\COUNCIL\TO WNSQR.ORD
TO: City Council
FROM: Timothy C. Hansley, City Manager
INITIATED BY: Balbir S. Kindra, Director of Engineering/City Engineer
DATE: May 27, 1998
SUBJECT: Ordinance No. 66-98
Landscaping and Interim Parking Lot Improvements
Old Dublin Town Square
On May 15, 1998 bids were received and publicly opened and read for the Landscaping and
Interim Parking Lot Improvements in Old Dublin Town Square. Three bids were received as
shown on the attached bid form. The bids have been reviewed and it is recommended that we
award this contract to Strawser Paving Company, the lowest, responsible bidder. Strawser
Paving Company's bid was $39,093.60.
The work is expected to be completed within 30 days from the date of "Notice to Proceed".
Attached is a copy of the contract for your information.
Attached is an emergency Ordinance for approval by City Council prior to awarding this contract
to Strawser Paving Company. I recommend approval of this contract to Strawser Paving
Company.
Respectfully submitted,
Balbir S. Kindra, P.E.
Director of Engineering/City Engineer
BSK:jc
Attachment
G:\OFFICE\WP\COLJNCIL\TOWNSQR.ORD
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City of Dublin
Contract Documents
FOR
OLD DUBLIN TOWN SQUARE
1998
•
Landscaping and Interim Parking Lot Improvements
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~ BALBIR °=0
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a-o ~ KINDRA
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Approved: V,~~''t~f` ~ ~ ' l~~v~Gil1,G/
Director of Engineering/City Engineer
Approved: (~ i~Q,,.,,,,.~, 5~I5~9~'
Assistant City Manager/Director of Develops ent
1
INVITATION TO BID
Sealed proposals will be received from qualified bidders by:
City of Dublin, Ohio
Department of Development
Division of Engineering
5800 Shier Rings Road
Dublin, Ohio 43016
unti12:00 p.m. local time on May 15,1998 a t which time the sealed proposals will be opened by the
City Engineer, for the following project:
The estimated total cost for the materials and labor for the Project is $65,000.00. The
following are probable estimated quantities of the contract items of this Project:
OLD DUBLIN TOWN SQUARE
LANDSCAPL~IG AND INTERIM PARKING LOT IMPROVEMENTS
PROBABLE CONTRACTOR'S
ESTIMATED UNIT
ITEM DESCRIPTION QUANTITIES COST
202 Pavement Removal & Disposal 1700 s.y. e~ • q O
203 Excavation/Grading/Disposal 1700 s.y. 3, Z5
404 Asphalt 6~ ton (oo.oo
407 Tack Coat 404 s.y. 0.10
641 ~ Pavement Marking Removal 7681.f. ~ O. l5
641 Pavement Marking 5801.f. b, ~ S
653 Top Soil 370 c.y. ZS.oo
659 Seeding and Mulching 1400 s.y. 1.50
807 Adjust Water Service Box To Grade 1 ea. 1 00.00
Special Parking Blocks 35 ea. 33.oe
Special (Tree) Emerald Queen Norway Maple (2") 11 ea. Z 2,g,oo
Special (Tree) European Hornbeam (2") 5 ea. _
Z 5 0.00
Special (Tree) Japanese Tree Lilac (1-3/4"-2") 3 ea. L '15.od
Special (Tree) Colorado Green Spruce (6' H.T.) 7 ea. ~ gQ.od
Spe.;ial (Shrub) Sea Green Juniper (2' H.T.) 96 ea. 3 H.oe
Special (Shrub) Techny Arborvitae (3' H.T.) 2 ea. 50.00
Special Park Bench 3 ea. 1 3 0 0. on
Special Trash Receptacle 2 ea. L o 0 0. o 0
Contractor's Tota! Bid Price ~ d ,
Sf~wsat Paving Ca, h~.
P.O. Box 23053
1595 Frank Road
Columbus, OH 43223-0053
All work shall be completed in accordance with the contract documents. The successful
bidder shall begin work five (5) business days after receipt of the Notice to Proceed and shall be
completed within 30 days from the Notice to Proceed.
Bidders shall submit with their proposals a certified check, cashier's check, letter of credit,
or a satisfactory bid bond in an amount equal to ten percent (10%) of the estimated cost of the
contract.
Contract documents
The contract documents will be available for examination during regular business hours until
the date of bid opening at:
City of Dublin, Ohio
5800 Shier Rings Road
Dublin, Ohio
3
SERVICES CONTRACT FOR
THE CONSTRUCTION OF INTERIM PARKING LOT
AND LANDSCAPE IMPROVEMENTS TO
THE OLD DUBLIN TOWN SQUARE.
THIS AGREEMENT, entered into as of this day of , 1998, by and between the City of
Dublin (hereinafter referred to as the "City") and (hereinafter referred to as
'""'" the "Contractor"),
ARTICLE I -SCOPE OF SERVICE
The contractor agrees to provide the services specified in the Scope of Work defined in plans
mentioned as Exhibit "A", Exhibit "B" and Exhibit "C" and not specifically included in this document
to complete and meet the intention of the plans and this document.
ARTICLE II - TIl~IE OF PERFORMANCE
Scope of work as described in plans shall commence within 5 days upon execution of this contract
and be completed no later than 30 days from the date of awarding of this agreement.
ARTICLE III - CITY RESPONSIBII.ITIES
A. The City shall accomplish the following:
Assist the Contractor by placing at its disposal all available information pertinent to
the Scope of Services for the project,
°°°~"' ARTICLE N -CONTRACTOR RESPONSIBII-ITIES
A. All paving and related items shall be done as per the Construction and Material
+r~ Spec cations of the City of Columbus, Ohio, current edition. The trees, shrubs, and
seeding/mulching shall be done in accordance with the following landscaping
specifications.
ITE~~I 6S9 -SEEDING & MULCHING (SPE.CIAL)
SEEDING SPECIFICATIONS
1. MATERIAL
A. Seed
The following seed mixture shall be seeded at 7 pounds per 1,000 square feet.
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Percentages are by weight as follows:
80% Tall Fescue
20% Perennial Rye
B. Fertilizer
Fertilizer shall be 18-46-3 applied at 10 pounds per 1,000 square feet.
C.~ Mulch
Virgin wood cellulose fiber mulch shall be dyed green and shall not inhibit seed
germination or plant growth. Conwed hydro-mulch or equal as approved by the City
Engineer shall be used. Paper and cardboard mulches are not acceptable. Wood
cellulose fiber shall be applied at the rate of 35 pounds per 1,000 square feet.
2. PREPARATION OF SEED BED
The seed bed shall be prepared according to Section 659.09 of the City of Columbus
Ohio Construction and Material Specifications, current edition.
3. SEEDING WITH HYDRO MUL H
A uniform slurry of seed, fertilizer, and wood cellulose fiber mulch shall be applied
in one operation. The seed, fertilizer, and mulch shall be mixed and sprayed on the
soil at the specified rates.
ITEM -LANDSCAPING SPECIFICATIONS (SPECIAL)
Trees and Shrubs
Part 1 -General
1.1 Description
A. Provide trees and shrubs shown on drawings and specified herein.
B. A complete list of plants, including a schedule of sizes, quantities, and other requirements
is shown on drawings. In the event that discrepancies occur between plant quantities
designated in plant list and as indicated on drawings, plant quantities as indicated on
drawings shall govern.
1.2 Quality Assurance
5
A. Plant names shall agree with nomenclature of "Standardized Plant Names" as adopted by the
American Joint Committee on Horticultural Nomenclature. Names of varieties not listed
therein shall conform generally with names accepted in nursery trade. Each plant shall be
correctly and legibly labeled indicating the genus, species, and cultivar. No substitution shall
be permitted except by written permission from the City's Engineer or his designee.
B. Pack, transport and handle plants to insure adequate protection against injury. Each shipment
'"""' shall be certified by state and federal authorities to be free from disease and infestation. Any
inspection certificates required by law to this effect shall accompany each shipment invoice
"'~' or bare-root plants from drying out. If bare-root plants cannot be planted immediately upon
delivery, properly maintain them to the City Engineer or his designee's satisfaction.
C. Size and grading standards shall conform to those of the American Association of
Nurserymen unless otherwise specified. A plant shall be dimensioned as it stands in its natural
position. Stock furnished shall be a fair average between minimum and maximum sizes
specified. Large plants cut back to sizes specified will not be accepted.
D. Do not deliver topsoil in a frozen or muddy condition.
1.3 Project Conditions
A. Notify the City Engineer or his designee at least five working days before installation of plant
materials. Plant locations must be verified prior to installation.
B. Protect any existing utilities, paving, turf, landscape plants, and other facilities from
damage caused by landscaping operations.
1.4 Product Delivery, Storage and Handling
A. Take precautions customary in good trade practice in preparing plants for moving.
Workmanship that fails to meet highest standards will be rejected. Plants shall be dug to
retain as many fibrous roots as possible.
1.5 Guarantee
A. Guarantee plants to remain alive and healthy for a period of one year afrer completion of
entire project.
B. Inspection of planting will be made by the City Engineer or his designee at time of completion
of planting. Plants must be healthy, and meet requirements of drawings and specifications.
One-year guarantee period shall begin at completion of the project.
6
C. Inspection of planting to determine its final acceptance will be made by City Engineer of his
designee at conclusion of guarantee period. No plants will be accepted unless they are alive
and healthy.
D Replacement at the Time of Final Acceptance: At the time of inspection of the plants for
Final Inspection, the Contractor shall replace, according to the original specifications, any
plant furnished by him/her that is dead, unhealthy, badly impaired or in a dying condition
before the Final Inspection date can be established. If the date on which the plants are
inspected is not within a planting season, at which time the date of Final Inspection shall be
determined by the City. The City Engineer or his designee shall be the judge of the condition
of plants in question. When the Contractor is ready to have the City inspect the planting,
he/she shall give the City at least 48 hours notice.
E. Replacement at end of the Guarantee Period: At the conclusion of the Guarantee Period, 12
months after the date of Final Inspection, the Contractor shall remove stakes, guy wires, and
all plants that, in the opinion of the City Forester are in an unhealthy or badly impaired
condition. These plants shall be removed and replaced according to the original
specifications. If the end of the Guarantee Period is not within a planting season,
replacements shall be made during the next planting season.
Part 2 -Products
2.1 Materials
A Organic Material: Granulated sphagnum peat moss or aged compost.
B. ~ Topsoil: Fertile, friable, natural topsoil of loamy character, without a mixture of subsoil
material, obtained from awell-drained, arable site, free from heavy clay, coarse sand, stones,
plants, roots, sticks, and other foreign materials.
C. Commercial Fertilizer: Complete fertilizer of neutral character, with some elements derived
from organic sources and containing following percentages of available plant nutrients:
For trees and shrubs, provide slow release fertilizer tablets with 20% total nitrogen, 10%
available phosphoric acid and ~% soluble potash.
2. For ground cover, provide controlled release granular fertilizer with 14% total
nitrogen, 14% available phosphoric acid and 14% soluble potash.
3. For lawns, provide fertilizer with 5% total nitrogen, 10% available phosphoric acid and 10%
soluble potash.
Surface apply designated amount per tree to soil after planting and before mulching.
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D. Mulch: Shredded hazdwood bark or equal free of sticks, stems or foreign matter.
E. Herbicide: Treflan SGpre-emergent herbicide after mulching at a rate of 3 oz./100 square
feet.
F. Plants: Plants shall be typical of their species or variety with normal well-developed branches
.~ and vigorous fiber root systems. They shall be sound, healthy, vigorous plants, free from
defects, disfiguring knots, sun-scale injuries, abrasions of the bazk, insect eggs, plant diseases,
.~• borers, and other forms of infestation. Plants shall be nursery-grown and have been growing
under the same climatic conditions as the location of this project for at least two yeazs prior
to date of planting on this project. Plants held in storage will be rejected if they show signs
of growth during storage.
1) Balled and burlapped plants shall have a solid ball of earth of minimum specified size securely
held in place by burlap and stout rope or nails:
2) Potted plants shall have been growing in container at least one full growing season prior to
use.
G. Staking wire: 12 gauge galvanized.
H. Hose: Minimum'/z" inside diameter. 2-ply fabric sound black rubber.
Stakes: Sound hardwood 2" by 2" and 8 ft. in length.
Part 3 -Execution
"~ 3.1 Preparation
A. Locate plants as shown or as approved in field by the City Engineer or his designee after
staking by Contractor. If obstructions aze encountered, the Contractor shall notify the City.
B. Provide shrub pits at least one foot greater than diameter of ball or container and two feet
greater for trees. Depth of pit shall accommodate ball of balled material with firm setting bed
for base of ball. V
C. Back-fill used around balls and roots of plants shall consist of three parts soil excavated from
planting pit and one part organic material mazbled throughout. .
3.2 Installation
A. All plant material shall be observed by City Engineer of his designee before planting. Any
plant material not approved shall not be installed.
8
B. Set plant materials in planting pit to proper grade and alignment. Set plants upright and face
to give best appeazance or relationship to each other or adjacent structures with same relation
to finish grade as before transplanting. No filling is permitted around trunk. Spread roots of
baze-rooted plants arrange in their natural position and work planting mixture among them.
Cut off all broken or frayed roots. Remove burlap, twine, and wire from top 1/3 of rootball.
Backfill pit with planting mixture, gradually filling, tamping and settling with water. No
planting mixture in a frozen or muddy condition is permitted for backfilling. Form a ring of
soil around edge of each planting pit to hold water. Ensure that excess soil has not been
added around the trunk during digging practices.
C. Space ground cover and perennial plants in accordance with dimensions indicated. Adjust
spacing as necessary to fill planting bed evenly with specified number of plant. Plant up to
two feet away from the trunks of deciduous trees and the skirts of evergreen trees.
D. When planted in masses, plants shall be subject to tests that will eliminate more than 20%
variance from uniform size (by species and variety) and that will insure at least 50%
conformity to larger than small sizes (i. e., 8-10 ft.).
E. Apply slow release fertilizer at a rate of 21bs./1000 square feet. Then apply mulch.
F. Mulch tree and shrub planting beds with mulching material three inches deep immediately
after fertilizing. Thoroughly soak mulched area. After watering, rake and leave in finished
manner.
G. Apply Treflan ~ G pre-emergent herbicide after mulching at a rate of 3 oz./ 100 squaze feet.
H. Planting shall be at such times acceptable to best nursery practice. In general, deciduous
'~" woody plants shall be planted from March 1 to June 1 or September 1 to December 1,
whenever temperature is above 32 degrees F, the soil is in workable condition, and it is good
planting weather. Unless otherwise specified, conifers, broad leafed evergreens, and baze-
root plants~shall be planted from March 1 to June 1 or September 1 to October 15. Unless
otherwise specified, conifers, broad leafed evergreens, and non-container perennials and
ground covers shall be planted from September 1 to October 15 or in April and May.
3.3 Protection
A. Immediately after planting all trees shall be staked.
3.4 Pruning
A Remove all broken and damaged branches. Never cut leader of tree from material.
9
B. Cut branches to be removed about 1/4 inch above a bud and slightly angled away. Each
pruning cut shall be clean and leave the branch collar intact.
C. Prune evergreens only to the extent of removing broken or damaged branches. Under
trimming or heading back to meet size requirements is not permitted.
3.5 Maintenance
A Maintenance of planting shall begin immediately after each plant is planted and shall continue
~,,. until final inspection. The date of "final inspection" shall be the date on which the contract
has been satisfactorily completed and so indicated in writing by the City. Maintenance of
planting shall consist of:
Watering: Water all trees and shrubs as necessary to maintain trees in their best condition.
Unless otherwise directed, all trees shall be watered at least once every seven to then days
during the hot, dry months for the first planting season. Each watering shall provide five
gallons per square yard on plant pit (1" over area of pit). Water shall be applied slowly to
penetrate the entire root zone.
Straightening: Reset settled trees to proper grade and upright position. Tighten or repair
stakes and wires as needed.
B. When required to control damage from insects, infestations, disease, or rodents, the plants
shall be treated by preventive or remedial measures approved for good horticultural practice.
Section 4 -Installation of Benches and Trash Receptacles
3 A. Benches -Provide and install per manufacturer's specifications: Three 72=inch metal benches
"""" with horizontal strap seat, color black, Landscape Forms "Scarborough SC3005-BS" or
equivalent. Location as shown on the Planting Plan and subject to approval by the City.
Z B. Trash Rece tp acles -Provide and install per manufacturer's specifications: Two trash
receptacles, color black, Landscape Forms "Scarborough SC5002-24-33" or equivalent.
Locations as shown on the Planting Plan, subject to approval by the City.
ARTICLE IV - COtiII'ENSATION
The probable estimated cost of the work shown in plan "A","B", and "C" is $65,000.00. Contractor
shall provide unit prices and total price on bid sheet provided on this document. Contractor shall
submit an invoice to the City for this amount upon completion of the project. The City will make
payment to the Contractor within 30 working days from the receipt of invoice.
10
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_ _. _e_, ~ _ __
ARTICLE V - TERNIINATION
The City of Dublin by written notice to the Contractor, may terminate this contract at anytime, if the
Contractor fails to perform any of its obligation herein, and does not cure such failures within seven
(7) days after receipt of written notice from the City of Dublin specifying in detail such failure.
Provided such termination occurs prior to completion of the Scope of Work provided herein, the City
agrees to pay the Contractor for work actually performed in accordance with the terms of this
Agreement through the cancellation date.
ARTICLE VI -CHANGES
The City reserves the right to make changes in the Scope of Services performed by the Contractor.
Such changes which -are mutually agreed upon by and between the City and the Contractor shall be
promptly incorporated in the contract.
ARTICLE VII
This Agreement shall be governed by the laws of the State of Ohio.
ARTICLE VIII -INSURANCE
A. The Contractor shall secure and maintain at his/her own expense, insurance for
protection from claims under Worker's Compensation acts for damages because of
bodily injury including personal injury, sickness or disease or death of any and all
employees or of any person other than such employees, and from claims or damages
because of injury to or destruction of property including loss of use resulting
therefrom, and any other insurance prescribed by laws, rules, regulations, ordinances,
codes or orders.
B. The Contractor shall secure and maintain, at his/her own expense, General Liability
`~" insurance in an amount not less than One Million Dollars ($1,000,000) per
occurrence.
C. The Contractor shall secure and maintain, at his/her own expense, Automobile
Insurance, including coverage for non-owned and hired autos, with a combined single
limit of not less than Five Hundred Thousand Dollars ($00,000) per occurrence
D. The Contractor shall secure and maintain, at his/her own expense, Property insurance
for protection from claims or damages because of damage to or destruction of
property including loss of use resulting therefrom in an amount not less than Five
Hundred Thousand Dollars ($500,000). In addition, the Contractor shall hold the
City harmless for any damage to his/her tools equipment unless he/she can prove
negligence on the part of the City, its employee(s) or agents.
11
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E. The above referenced insurance shall be maintained in full force and effect during the
life of this Contract. Certificates showing that the Contractor is carrying the above
referenced insurance in at least the above specified minimum amounts shall be
furnished to and approved by the City prior to the start of work on the contract and
before the City is obligated to make any payment to the Contractor for the work
performed under the provisions of this contract. The Contractor's required insurance
shall be endorsed to provide that the policies will not be canceled, reduced,
discontinued, or otherwise materially altered during the period of performance
without thirty (30) days prior written notice to the City of Dublin. Notice, as hereby
stated, shall also be given for those coverages provided for one year after project
completion.
ARTICLE IX -INDEMNIFICATION
The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents,
and employees against all suits or claims that may be based upon any injury to persons or property
that may arise out of any error, omission or negligent act of the Contractor, and the Contractor shall,
at its own expense, defend the City in all litigation, pay all attorney's fees, damages, court costs and
other expenses arising out of the litigation of claim or incurred in connection therewith; and shall, at
its own expense, satisfy and cause to be discharged such judgements as may be obtained against the
City or any of their officers, agents, and employees.
IN WITNESS THEREOF, the parties hereto have executed this Agreement in triplicate originals on
the day and year here above written.
THE CITY OF DUBLIN CONTRACTING COMPANY NAME
By:
Timothy C. Hansley
City Manager
By:
Printed Name
Title:
CERTIFICATION OF FUNDS
I hereby certify that the funds required to meet the City's obligation, payment or expenditure under
this Contract have been lawfully appropriated or authorized for such purpose and are in the
fund and are free from any obligation now• outstanding.
Director of Finance
Date
12
THE AMERICAN INSTITUTE OF ARCHITECTS
A/A Document A310
Bid bond
KNOW ALL MEN BY THESE PRESENTS, that we strawser Paving Co. , Inc.
alere inset WII ~ ,~a .ear « ta,.t rate of conaclon
1595 FY~ank Road, Columbus, Ohio 43223
u Prindpal, hereinaher called the Prindpal, and Reliance Insurance Cor~an~ .
525 Metro Place North, Ste 320, Dublin, Ohio t~ ~""` wu """° aid °f ~ ~` °~ ~
43016
a corporation duly organjzed under the laws of the State of P~.nnsylva~~ of Dublin
u Surety, hereinafter called the Surety, are held and firmly bound into
Itte~e «,se.r rva ~~ and aderen « rcpt title or o~
5800 Shier Rings Road, Dublan, Ohio 43016
as Obligee, hereinafter called the Obligee, in the sum of
Ten (10~) Percent of amount bid including ,alternates.
~. o K-' ~ ~ o kSlPtnrr~ ~O I `q 2~ Dollars (S ~. p Oo. Ott.
for the payment of which sum well"and truly to be made, the said Prindpal and the sai~ Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, joindy and severally, firmly by
these presents. .
W H E R E/1S, the Principal has submitted a bid for If+ere 1~ser1 Wlt came, aaerera ace aesetpttw~ of project/
Old Dublin Town Square Landscaping and Interim Parking Lot IttQrovetnents
NOW, THEREfORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a CAntraa
with the Obligee in accordance with the temts of such bid, and give such bond or bonds as may be speafted in the bidding
a Contract Documents with good and sufficient wrcty for the faithful pen`omunce of such t,.ontraa artd for the prompt
payment of tabor and material furnished in the prosecution thereof, or in the event of the failure of the Principal ro enter
wcfi Contract and give such bond or bonds, if the Prindpal sfutl pay to the Obligee the difference not to e+aoeed the penalty
hereof between the :mount spedfied in said bid and wch larger amount for which the Obligee may in good faith aontraa
with another party to perform the Work osvercd by said bid, then this obligation shall be null and void, otlterMrise eo rattain
in full force and effect.
Signed and sealed this 15th day of I"~y 19 98
Strawser Paving Co., Inc.
'ncip:p (Soap
c kwr es y ~ ~..Y fritf 1 S ecY ~'Re ~s;
Reliance~Insurance Cat>pany
(Sur)
(witness!
Attorney-in-fact
AIA DOCUMENT A310. 810 80N0 • AIA A • fEBRUARY 1970 EO • THE MAERIUN
a INSTITVTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O. C. 20006 ~
~Wrr
s ~aa a e- a -.~ r n-
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY ':
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMI~T1'I'y COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Oel-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Edwin L. Overmyer, Joseph M. Berwanger, Diane 1. Dammeyer, Mac B. Leavitt, Laura Hall, Richard H. Moore, Gregory R.
Overmyer., of Columbus, Ohio their true and lawful Attorneylsl-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act
~,,,, and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds
and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and
attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII • EXECUTION OF 90NOS AND UNDERTAKINGS
1 . The Board of Directors, tM President, the Chairman of the Board, any Senior Vice President, any Vice President a Assistant Vice President Ot otMr officer designated by the Board of
Directors shall have power and authority to lal appoint Attornsylsl-in-Fact and to authorize tMm to execute on behaH of tM Company, bonds and undertakings, reeogni:ancsa, contracts of ~ndemrvcy
and o[her writings obligatory in the nature Hereof, and Ibl to remove any wch Attorneylsl-in-Fact at any time and revoke tM power and authority given to tMm.
2. Attorneylsl•in-Fact shall have power end authority, subject to the terms and limitations of tM Power of Attorney iawtM to them, to execute deliver on behalf of tM Company, bonds
and undertakings, recognizancea, contracts of indemnity artd other writings obligatory in Ina nature charatN. TM corporate sesl is hoc necessary to tM validity of any bonds and undertakings.
recognizancea, contracts of indemnity and other writings obligatory in tM nature thereof.
3. Attorneylsl•in-Fact shall have power and authority to execute affidavits rewired to be ttttached to bonds, recogrtizancsa, contracts of indemnity or othx conditions) or obliga[ory
undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of tM By-laws of tM Company a any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under end by authority of tM following resolution edoptod by tM Exacutiw and Finanw Committees of tM Boards of Dirscton of RNianu
Insurance Company, United Paeifie Inwranee Company and Reliance National Indemnity Company by Unanimous Conaant dated u of February 2e. 1994 and by tM Exswtivs and Financial
Committee of the 9oare of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994.
-Resolved that tM signatures of wch directors and officers and tM 38N of tM Company may be affixed to any wch Power of Attorney or any csrtifica[es rrrlatirtg tMreto by
facsimile,and any such Power of Attorney or certificate bearing wch facsimile sgnaturss or facsimile sad shall bs valid and Ending upon tM Company and any wch Power so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon tM Company, in tM future wiH respect to any bond or undertaking to which it is
attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1,
1998.
RELIANCE SURETY COMPANY
t ~ p '`~ teas ~o`'r=r'rerp RELIANCE INSURANCE COMPANY
~ o~°it+.. o= ~ ~< <+`~ e'al,, ~ nf'10eei ~4 UNTTED PACIFIC INSURANCE COMPANY
~ ° " ' ' e(`SESI'' ' RELIANCE NATIONAL INDEMNITY COMPANY
uirae d SL~i. Z i ~ ~!L = r {31101 ~ j ; /, -
4WNP w0~. s4 ~ 3r-'~'~-'
C rttM ~ e ` ~ ~ i ~`~~~l ~/ ~I~~
lau.ka
STATE OF Pennsylvania
COUNTY OF Philadelphia ~ ss.
On this, February 1, 1998, before me, Valencia WorNtam, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice
President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set m hand and official seal, ,~a~w
Notarial Seal t~ ~' -_,A.
Valencia Wortham, Notary Public " ~ ? ,,. 1 _ ~ ~, >, f I _-'~~
Philadelphia, Philadelphia County ~e 11 Y IN/~Q,
My Commission Expires Nov. f8, 2000 ~ ~ Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
I, Anita 2ippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15tiaay of May 1998
+-~ rrer '~`~`~'
Y ewa~y +,~ tearej4 ~~~~e~~~:
ae~o co ~~ 6 .•`t~r°"rs ;. ;,C`SEr!u.~ Secretary
' ` ~s ~ i SFaI I; ;`~ teas r
s
SGi: ` , s e ~ ~j~` tOta'w 1f
O eee ~, ~ 1" ~N.,~~Nt.
4whP wP
ti~+
RELIANCE INSURANCE COMPANY
PHILADELPHIA, PENNSYLVANIA
FINANCIAL STATEMENT DECEMBER 31, 1997
ASSETS
Cash and Short Term Investments ............................................................................................... $ 366,696,335
Securities (Long Term) .................................................................................................................. 4,028,534,730
Premium Balances .................................................................................~................................... 785,004,014
Accrued Interest and Dividends ................................................................................................... 35,419,406
Federal Income Taxes .................................................................................................................. 37,405,343
Other Assets ................................................................................................................................. 373.600.596
Total Admitted Assets ........................................................................................................... $ 5.626.660.424
LIABILITIES
Losses and Loss Adjustment Expense ........................................................................................ $2,632,735,351
Unearned Premiums ..................................................................................................................... 908,438,552
Other Taxes .................................................................................................................................. 12,488,219
Other Liabilities ............................................................................................................................. 771.585.471
Total Liabilities ....................
.................................................................................................. $ 4,325.247.593
CAPITAL AND SURPLUS
Capital Stock ................................................................................................................................ $ 44,586,703
Surplus ......................................................................................................................................... 1.256.826.128
Total Policyholders' Surplus ................................................................................................. 1.301.412.831
Total Liabilities, Capital and Surplus ................................................... ........................... $ 5.626.660.424
State of Washington )
County of King ) SS.
Larry C. Mitchell, being duly sworn, says: That he is Vice President of the RELIANCE INSURANCE
COMPANY; that said company is a corporation duly organized, existing, and engaged in business as a
surety by virtue of the laws of the Commonwealth of Pennsylvania, and has duly complied with all the
requirements of the laws of said commonwealth applicable to said company and is duly qualified to act as
surety under such laws; that said company has also complied with and is duly qualified to act as surety
under the Act of Congress of September 13, 1982, as amended (31 U.S.C. §9301 et seq.); that the
foregoing is a full, true and correct statement of the financial condition of said company on the 31st day of
December 1997.
Sworn to me this 20th day of March, 1998.
C,,~~.1.~~ ~ . (.~ 6Za~dX~-ccdG
Janis J. Crossland, Notary Public, State of Washington,
County of King. My Commission Expires February 5.2000.
C RpS
Er,~
NOTARY ~ 2
~'~ ~ Vice President
PU&.IC
2-5-2060 ~°
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a ~
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BOR-1421 3/98
Mlrr~
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STATE QF OHIO
i
• ~ ..
U£FAIi.~.'1~TTT OF INSURGENCE
i
' . • ~ ~CER'~IFICATE t1~ CC~-IVI~.'I~~A~CE
As DIA,];CTOR OF INSURANGE QF ~~LS S~~~$ dF OfBfO, I do hereby
Q°0L'~Y #hrt E~IA~tC~ lN5UB ANCE COMPANY s corporet3on located eat
. PRII.A,D~FHIA .in.. t~ls Stats .af PSNNSYLVAI~IIA has coosp'iisd in all rsspaafis .
arStli thta Isttr~ of : i 'State gppiicabie to it, • t~-nd ~ authai'ltetl' to •t~t~f3a4't ixlt
this &tste its appr~prtette business of insnranoa sa eie®cribed by 3ectian
3939.df (A), lines: ~ '
• t x r i r:re ~ ~ .
t X ? 2 Allied ll~see ~ t X } 1,i • iireraft tell rerils)
t X) 1 fs~nrPt •4iplr rir32 t X) I! fidelity
t X) 4 Moeao~•p title ~,.ij t X) 2? sur,~{}r
f X) i Co~e'ei•L tiple rerii f X 1 Zi OLsts
f ,X) ' i Oaeen tbe~ine t X ] 22 ' trw'Xlery i Theft
t X } 7 Inland tlarirw t X } 23• loilei• a lfochinery '
t •x) a Firisnoiel~ tY t 1[ 1 Z4 • Credi#
t X f • 7 rledie.; tie. t ) 25 , R~iasur.nar Qnly
't'X } 10 Ear'fhqusts~ t ) 2R att+..• diet)
t•x } 11 a.~ A aN
t X) Yt Credd{ A ti 8 Ce•oas i Individuell '
t X) 13r Collaetiwly ~t~.#blt A !r q
t x } .llfr llancenosttab A * s
r x i ;se truer•anteed Ie A i H '
t X } lbd ~a~x'e~eble er ftetad ttieeans truly
1 X) 13r t)tMr Aeeid.n Only
t x ~ lar All ather~w : 8 .
f X) 14 rfortcers• lion ito the extent perwitted b7- fie!
t x' f 1S Otle.r Liabili )r
t X') iie r~lrete Peper Hato rro-Fealt tperranei injury p~oteotian to the extent pee•eit:ted
' OY YaM)
t.l() ibb (rthar -rlY~t~1 h~iserf~er AtttO Liatiflity
' t ,Itr 7 ~6o Ca~•oi~ ~ Ile-t-ault tpereone! injcw-y pretsatian tv thi a dxtecat' pw~•nitted by Iax)
t X } ltid flth~ Ruts tiabiSitF ;
t !t 7 17a ~i~ratt~el~u ~~ Wte rhysiq; p '
t'X) 17b Goelwreia~i. a Phl-ei4e1 tierepe '
.from:; .7uly 1.1997 until: June 30,1998
..•'~•~ .
~~ - - - _ y~ - ~ .i Jtllg ~.. 198'7
~, _ •!- ~r • - ' I ~~' - 3~a witness Wheriaf, .I have sf fn '
`~~•1 ~:.~ ,4 name and ~siu~d my ~•sssl to be f~-ffirted
. .. .. -- •:.:- : ;' _ at Col~itls, Obio, • this day sad baba.
• - i is •~,
'l~23458t]68Q Dtrgctor of Instarsn~ ,.~ Uixio .
TOTAL P. 02