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CLEARWATER POLICE DEPARTMENT DISTRICT 3 SUBSTATION - PROPOSAL FOR CONSTRUCTION DEMOLITION - 18-0004-PDA1/4j3X March 31, 2021 TO: Ivan Dimitrov City of Clearwater — Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: Clearwater Police Department District 3 Substation 18 -0004 -PD As requested, enclosed is the proposal for construction/demolition of Clearwater Police Department District 3 Substation submitted in accordance with Ajax Building Company, LLC's GMP Proposal report dated March 25, 2021 incorporated herein in its entirety and the project documents prepared by Harvard Jolly Architecture entitled Clearwater Police Department Substation No. 3 dated 12/14/202, Architect Addendums 1 through 6 and accepted Alternates 1, 2, 3, 5, 6 & 8, for a Guaranteed Maximum Price of $11,245,816. Scope of Work: Construction will include all demolition, sitework and utilities, foundations and structure, building envelope, roofing and facade, interior finishes, mechanical, electrical, plumbing and fire protection systems, all exterior improvements including landscape and irrigation, hardscape for a completely new facility. The existing Firing Range, Canine and Impound/Seizure facilities will remain in operation during the entire construction period and renovations for these facilities are not included. Cost Detail: Description Amount Cost of Work $9,225,974 Subtotal $9,225,974 General Conditions (or General Conditions/Supervision/Insurance/Bond) $1,199,191 Construction Management Fee $466,390 Contingency 3% $354,261 Guaranteed Maximum Price $11,245,816 Project Duration shall be 494 calendar days from the date of the Notice to Proceed or receipt of building permit, whichever occurs later. SAFETY 360' .v.n.00v I .v.mv.... I .r...n*. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on July 16, 2020, based on RFQ #32-20. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. AJAX BUILDING COMPANY, LLC By: lam P. Byrn President 1'31.2,1 Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: wen Kohler Assistant City Attorney Countersigned: rank Hibbard Mayor U/J-0-1- Date By. wtG�2 Rosemarie Call City Clerk uAJ,11a tA„-�r William B. Horne II City Manager -4/(61„..)-03-/ Date RFQ 32-20, CM AT RISK SERVICES EXHIBIT C - FORMS TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, and The Truth in Negotiations Act (TINA), Ajax Building Company, LLC hereby certifies Contractor that wage rates, fringe rates and other factual unit costs supporting the compensation for the Construction Manager at Risk services of Ajax Building Company, LLC to be provided under this Agreement, concerning Clearwater Police Department District 3 Substation are accurate, complete and current as of the time of contracting. The hereby undersigned representative submits this certification that they are an authorized representative of the proposer who may legally bind the proposer attest to the accuracy of the inf tion: N‘ `Q .... �• N. Authorized Signature • Ea4'''o., . William P. Byrne/ yt ►. IP : * Printed Name *$+ I • President *• ; ,0,.11` Title SiA1EP STATE OF clo ��� V��. Ajax Building Company, LLC Name of Entity/Corporation COUNTY OF�;,,eoo, f The foregoing instrument was acknowledged before me on this 3 t "d`" day of .�-- , 20�.t , by V�%IL,G,�, P. B1rr _ (name of person whose signature is being notarized) as the .>reci (title) of g,,:4\ 1j, - C.,--e.,.�, 1--1--e-- (name of corporation/entity), personally known to De -as escribed herein , or produced a (type of identification) as identification, and who not take an oat ary Public Printed Name My Commission Expires: lam. -i( -a--/ NOTARY SEAL ABOVE RFQ 32-20, CM AT RISK SERVICES EXHIBIT C - FORMS SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION HI, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities i t ren Petroleum Sector List, or engaged in business operations in Cuba and Syria. Authorized Si na r j` a ;�'�.,. William P. B me 45' B`'c�a ; z Printed Name President ����• a ;. a:t i•wo�rey,s ow STATE OF nl��lSTAlsiEuNN°a COUNTY OF ' .014.4 Title Ajax Building Company, LLC Name of Entity/Corporation The foregoingi strument wwaspacknowledged before me on this 3 t 0day of M G...m.A.__ _ , 20.1 ;....$ Willta,-. 'C . II•�rn� as the ces;c�e„7- (title) of corporation/entity), personally known to me as described herein , or produced a (type of identification�'. +.cation, a • : o did/ 'd no take an oath. (name of person whose signature is being notarized) ap BKak% C'�'�a. c .1 E (name of My Commission Expires: - NOTARY SEAL ABOVE ry Public Printed Name RFQ 32-20, CM AT RISK SERVICES EXHIBIT C - FORMS SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION HI, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 5. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 6. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 7. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 8. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on , h; i. • ed Companies that Boycott Israel List, or engaged in a Wimp of Israel. OW"IOLA GRE lll�/i • f` * Printed NamJ s i • • President •tee X1313 F.* � ••.b�FoN,• ea �ro : C' ` Ajax Building Company, LLC �0s;�.:�••t�A�Name of Entity/Corporation STATE OFA COUNTY OF The foregoing instrument was acknowledged before me on this 3t— day of 20 21 , by \fsi; &en (-0. �y�r$ (name of person whose signature is being notarized) as the ��u�e� / (title) of p Lt Cf, �,� L�-�— (name of corporation/entity), personally known to me as described hereih , or produced a (type of identification ion, and w/c id nofftakeoath. i Authorized Si William P. Byr Title a. re My Commission Expires: 1 x-14 . NOTARY SEAL ABOVE I#': 2021107546 BK: 21466 PG: 2153, 04/02/2021 at 10:52 AM, RECORDING 4 PAGES $35.50 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: c1k103817 Bond No.: 107410623/070212316 PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR Ajax Building Company, LLC 109 Commerce Blvd. Oldsmar, FL 34677 813-792-3900 SURETY Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 PH: 860 277-011 Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 PH: 617 357-9500 OWNER City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: Clearwater Police Department District 3 Substation PROJECT NO.: 18 -0004 -PD PROJECT DESCRIPTION: Construct a new 21,625 SF BY THIS BOND, We Ajax Building Company, LLC, as Contractor, and Travelers Casualty and Surety Company of America /Liberty Mutual Insurance Company, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $11,245,816, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the proposal dated March 31, 2021, between Contractor and Owner for construction of Clearwater Police Department District 3 Substation, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and PINELLAS COUNTY FL OFF. REC. BK 21466 PG 2154 Bond No.: 107410623/070212316 PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this 31st day of March , 20 21 . (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Corporate Secre Print Name: (affix corporate co".,, 0 Uth•;92 SEAL : r �. () '••. 962 .•• �RIDP (Power of Attorney must be attached) AJAX BUILDING COMPANY, LLC Title: Print Name: 7-) ,err A- \ WITNESS: Print Name: Travelers Casualty and Surety Con)pany:of 4n er.ictr / ' • Liberty al Insur mpany • = ,y <fi= Zo By: ATTORNEY-IN-FA`CT Print Name: Laurie Pflug (affix corporate seal) -4' , `ate r •• R 1 • ✓ - ti PPNELLAS COUNTY FL OFF. REC. BK 21466 PG 2155 TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Laurie Pflug of DALLAS Texas , their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. State of Connecticut City of Hartford ss. On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 By: Robert L. Rene eniorVice President This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 31st day of March , 2021 . t ...; , N.-cp.. •, Kevin E. Hughes, As ant Secretary - �,ro• it To verify the atitlieddTaaitYQ wer of Attorney, please call us at 1-800-4213880. Please refer to the above-named Attoh3ey-rrtFfctbnd the details of the bond to which this Power ofAttomeyis attached. • PINELLAS COUNTY FL OFF. REC. BK 21466 PG 2156 Liberty Mutual® SURETY w.,_G\��t11T CO�� 1l1 ii zt fir! This Power of Attomey limits the acts of those named herein, and they bind the Company except In the manner and to the extent herein Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY STATE OF FLORIDA-PINELLAS COUNTY I hereby certify, that the foregoing ss 1 v, e copy as recorded in the official records of Pinellas County. n This t day of(�� . ?� KEN BURK to Cie _ of the Circuit Court & Compsrouer .41111 ,40.I.1 By: bp Cc Certificate No: 82028STet 201? 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, Jack M. Crowley, Deborah English, Steven R. Foster, Teuta Luri, Daphne Massey, Luke J. Nolan, Jr., Laurie Pflug all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attomey-in-fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad 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 ff they have been duty signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of January , 2020 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company By, David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 6th day of January , 2020 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 IGng of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Postage, Notary Public Upper [Motion Twp., Montgomery County My Commission Expires March 28,2021 Member, Pennsylvania Assodefon of Notaries By: eresa Paslala Notary Public Pasteila, Public 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 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 Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such Iimttation 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 attomeys-in-fad, subject to the limitations set forth in their respective powers of attomey, 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 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 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 prescribe, shall appoint such attorneys -in -fad, 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 attomey, 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 attorneys -in - fact as may be necessary to act an 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, shag be valid and binding upon the Company with the amfarce and effect as though manually affixed. I, Renee C. Llewellyn, the undersiguedlAsliifailt'Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the odginai.powec ef''a 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. �r •' (,Q • 4 - ' �✓ ereunto set' day IN TESTIMONY WHERCO�Y hav�lt my+tand endaifixad the seals of said Companies this 31st of March 2021 y . 0 -r, 3t1• - Cr . n t,O o1+PoW� P.::-.' on cork 4 r ' ', i 8 ryri, LMS -12873 LMIC OCIC WAIC Multi Co_12119 Renee C. Llewellyn, Assistant Secretary