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HomeMy WebLinkAboutPW CNT 11-27 LaLonde Contractors, Inc CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX(920) 236-5106 LETTER OF TRANSMITTAL To: LaLonde Contractors, Inc. Date: September 6, 2011 P.O. Box 070420 Project: Otter Avenue Parking Lot Milwaukee, WI 53207 From: Carol Marchant, Adm. Assistant Re: Contract 11-27 Attn: Please find: ® Attached El Under Separate Cover El Copy of Letter ® Contracts ❑ Amendment El Report ❑ Agenda ❑ Meeting Notes El Photos ❑ Mylars ❑ Change Order El Plans El Specifications El Estimates El Diskette El Zip Disk El Other Quantity Description 1 Signed Construction Contract— City Contract 11-27 These are being transmitted as indicated below: ❑ For Approval ® For Your Use El As Requested ❑ For Review&Comment Remarks: Signed: detA --e. cjr iyvi* cc: City Clerk (original) Transportation Dept. (original) City Attorney File (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 11th day of August, 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and LALONDE CONTRACTORS, INC., P.O. Box 070420, Milwaukee, WI 53207, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: City of Oshkosh Contract No. 11-27 for the Otter Avenue Parking Lot Reconstruction for the Transportation Department, pursuant to Resolution 11-352 adopted by the Common Council of the City of Oshkosh on the 10th day of August, 2011, all in accordance and in strict compliance with the Contractor's proposal and the other contract documents referred to in ARTICLE V of this contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $117,087.65, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis,the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the City's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this contract, the specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1 . This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The contract documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the Contractor shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. Contractor shall promptly report in writing to 2 the Director of Transportation any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain written clarification from the Director of Transportation before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. IN WITNESS WHEREOF,the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR LALONDE CONTRACTOR C. sip +! (kul- PRESIDENT (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH / 1� .,, ° By iC'Cpl/ 1 C Mark A. Rohloff, City Manager (Witness) tik�� �0. And: INV ft l _ _` � LLi ,�. s) Pamela R. brig, City Cler APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under (4' \ this contract _� \(2,4,(-61/, I/ City'A ,i,-)(ttorney /44 coz_ea,/4(3 City Com trot l r P 3 Client#:3801 LALOCON ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/ YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Security Insurance Svcs., Inc. PHONE 262 785-9490 F4X 2627859753 (NC,No,Ext): (A/C,No): P.O.Box 510925 E-MAIL ADDRESS: New Berlin,WI 53151-0925 'PRODUCER CUSTOMER ID#: 262 785-9490 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:Regent Insurance Company LaLonde Contractors Inc. INSURER B:General Casualty Company of WI P.O. Box 070420 INSURER C: Milwaukee,WI 53207 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.POLICY EFF POLICY EXP LTR R TYPE OF INSURANCE NSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS LT NSR WVD A GENERAL LIABILITY CCI0421034 04/01/2011 04/01/2012 EACH OCCURRENCE $1,000,000 DAMAGE RETE X' COMMERCIAL GENERAL LIABILITY PREMISES O(Ea occur ence) $1 00,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 Xi PD Ded:1,000 PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY 1 X JE LOC $ A AUTOMOBILE LIABILITY CBA0421034 04/01/2011 04/01/2012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE (Per accident) ( X HIRED AUTOS X NON-OWNED AUTOS B X UMBRELLA LIAB OCCUR CCU0421034 04/01/2011 04/01/2012 EACH OCCURRENCE $8,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $8,000,000 DEDUCTIBLE $ X RETENTION $ 10000 $ A WORKERS COMPENSATION CWC0421034 04/01/2011 04/01/2012 X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? N I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under li DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) If required by written contract,the City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are included as additional insureds for general liability for work performed by the named insured per CG8102 and for auto liability for the named insureds owned autos. CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN P.O.Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54902 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S241411/M231937 CAC THE AMERICAN INSTITUTE OF ARCHITECTS t•l . MA Document A311 Performance Bond Bond No.: 268000698 LaLonde Contractors, Inc. KNOW ALL MEN BY THESE PRESENTS: that (Here Insert full name and address or kid tick of Contractor) PO Box 070420, Milwaukee WI 53207 as Principal,hereinafter called Contractor, and, Liberty Mutual Insurance Company {Heie Insert full name and address or legal title of Surety) 175 Berkeley Street, Boston MA 02116 as Surety,hereinafter called Surety,are held and firmly bound unto City of Oshkosh and or legal the of Owner} PO Box 1130, Oshkosh WI 54903 as Obligee, hereinafter called Owner,in the amount of One Hundred Seventeen Thousand Eighty Seven dollars &65/100 Dollars (S 117,087.65 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated August 11, 2011 ,entered into a contract with Owner for Contract No. 11-27 Otter Avenue Parking Lot Reconstruction in accordance with Drawings and Specifications prepared by N/A insert full name and address or legal title of Ardntlea) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA• FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS.1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void:otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or completion less the balance of the contract price, but not extension of time made by the Owner. exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth Whenever Contractor shall be,and declared by Owner in the first paragraph hereof. The term "balance of the to be in default under the Contract, the Owner having contract price,"as used in this paragraph, shall mean the performed Owner's obligations thereunder, the Surety total amount payable by Owner to Contractor under the may promptly remedy the default, or shall promptly Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 1) Complete the Contract in accordance with its terms and conditions,or Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final 2) Obtain a bid or bids for completing the Contract in payment under the Contract falls due. accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder,or No right of action shall accrue on this bond to or for if the Owner elects, upon determination by the Owner and the use of any person or corporation other than the the Surety jointly of the lowest responsible bidder, Owner named herein or the heirs, executors, adminis- arrange for a contract between such bidder and Owner, trators or successors of the Owner. and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of Signed and sealed this 16th day of August, 2011 PRINCIPAL: LaLonde Contractors, Inc. SURETY: Liberty Mutual Insurance Company Attorney-In-Fact Debbra A. Hinkes, Attorney-in-Fact i THE AMERICAN INSTITUTE OF ARCHITECTS l 'fl` 1 I'll d ASA Document A371 Labor and Material Payment Bond Bond No.: 268000698 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that LaLonde Contractors, Inc. (Here liven full name and address or legal title of Contractor) PO Box 070420, Milwaukee WI 53207 • as Principal,hereinafter called Principal,and Liberty Mutual Insurance Cooemprnasert fill/name and address or legal title of Surety) 175 Berkeley St., Boston MA 02116 as Surety, hereinafter called Surety, are held and firmly bound untoCity of Oshkosh (Here insen full name and address or legal tide of Owner) PO Box 1130, Oshkosh WI 54903 as Obligee, hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of One Hundred Seventeen Thousand Eighty Seven dollars&65/100 {H Dollars($ 117,087.65 I. Mere Insert a sum equal to at least one-half the contract p ce) for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, . Principal has by written agreement dated August 11, 2011 ,entered into a contract with Owner for Contract No. 11-27 Otter Avenue Parking Lot Reconstruction In accordance with Drawings and Specifications prepared by N/A (here linen full name and address or lepl title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. v AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA* FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use In the performance of • the Contract, then this obligation shall be void; otherwise if shall remain in full force and effect, subject, however,to the following conditions: • 1. A claimant is defined as one having a direct contract age prepaid, in an envelope addressed to the Principal, with the Principal or with a Subcontractor of the Principal Owner or Surety,at any place where an office is regularly for labor, material, or both, used or reasonably required maintained for the transaction of business, or served in for use in the performance of the Contract, labor and any manner in which legal process may be served in the material being construed to include that part of water, state in which the aforesaid project is located, save that gas, power, light, heat, oil, gasoline, telephone service or such service need not be made by a public officer. rental of equipment directly applicable to the Contract. b)After the expiration of one (1)year following the date 2. The above named Principal and Surety hereby jointly on which Principal ceased Work on said Contract, it and severally agree with the Owner that every claimant being understood, however, that if any limitation as herein defined, who has not been paid in full before embodied in this bond is prohibited by any law controlling the expiration of a period of ninety (90) days after the the construction hereof such limitation shall be deemed to date on which the last of such claimant's work or labor be amended so as to be equal to the minimum period of was done or performed, or materials were furnished by limitation permitted by such law. such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such c)Other than In a state court of competent Jurisdiction In sum or sums as may be justly due claimant, and have and for the county or other political subdivision of the execution thereon. The Owner shall not be liable for the state in which the Project, or any part thereof, Is situated, payment of any costs or expenses of any such suit. or in the United States District Court for the district in which the Project,or any part thereof, is situated, and not 3. No suit or action shall be commenced hereunder by elsewhere. any claimant: • a) Unless claimant, other than one having a direct 4. The amount of this bond shall be reduced by and to contract with the Principal, shall have given written notice the extent of any payment or payments made In good to any two of the following: the Principal, the Owner, or faith hereunder, inclusive of the payment by Surety of the Surety above named, within ninety (90) days after mechanics' liens which may be filed of record against such claimant did or performed the East of the work or such improvement,whether or not claim for the amount of labor, or furnished the last of the materials for which said such lien be presented under and against this bond. claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, post- Signed and sealed this 16th day of August, 2011 PRINCIPAL: LaLonde Contractors, Inc. SURETY: Liberty Mutual Insurance Company • 61-'610A.(2 AUomey-In•Fact Debbra A. Hinkes, Attorney-in-Fact 4336065 ' 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. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint CHARLES L.SCHILTZ, DEBBRA A.HINKES, PAMELA M. HINEMAN, ROBERT M.TORTELLI,ALL OF THE CITY OF NEW BERLIN, STATE OF WISCONSIN ,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 undertakins, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100***"***"*""****"*****"********* DOLLARS($ 100,000,000.00********************* )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: 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-fact,as may be necessary to act in behalf of the Company to make, c execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such C H y attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C Q- as binding as if signed by the president and attested by the secretary. w • mBy the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .0 co R Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby R .; authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute, seal, acknowledge and _ c d 7 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. C L a) o l- .0 c That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. y, C IL I- CO IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C £ L t i0• Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 13th day of January , =c d-o 2011 Cd' ttoo.y LIBERTY MUTUAL INSURANCE COMPANY d c o L 30 o f By(9-- -f- IJ- �G4-.�T C- a C , , t Garnet W.Elliott,Assistant Secretary .c COMMONWEALTH OF PENNSYLVANIA ss 'A / r d C 0S CD H COUNTY OF MONTGOMERY O t On this 13th day of January , 2011 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged a g.- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above . i Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. >1 O 46 P IN TESTIMONY WH F-•n.'t"` •q unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year .c e •5 C first above written. 'q. gOP W < 4• '( :. C COMMONWEALTH O[PENNSYLVANIA y� /IA) E• i " :�L,B .?,` ` Ns a ,Seal \ C yr N Teresa Pav,eaa,Notary PAtc C O Z V OF sxMu;,th I'm),Montgomery County BY O C My Comm ss+an Expires March 28,2013 Ter sa Pastella,Notary Public v C }s� Mumbor,Fc vyluan a A sixiatio,Cfi t not. 0 f4 L0. {.., I—T CERTIFICATE ,, I,the undersigned,Assistan ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the 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. IN j STI;ONY HEREOF I h v hereunto subscribed my name and affixed the corporate seal of the said company,this, day of / T/ --4 4 , . 1 ems,` ` By ' Davi M.Carey,Ass nt Secretary