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HomeMy WebLinkAboutPW CNT 79-09/Clear Water Research, Inc CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 7 day of May , 1979 , by and between the CITY OF OSHKOSH, party of the first part , hereinafter referred to as the CITY, and CLEAR WATER RESEARCH, INC. of P.O. Box 44, LAKE EIMO, MINNESOTA 55042 party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the considerations 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 : PUBLIC WORKS CONTRACT 79-09 -TELEVISION INSPECTION OF SEWER MAINS PURSUANT '10 RES. # 8 ADOPTED BY THE OSHKOSH COMMON COUNCIL ON MAY 3, 1979 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 $4,000.00 , 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 . (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 the negligent digging up of streets , alleys or public grounds or which may result from the faulty , carelessness or neglect of said Contractor , his agents , employees or workmen in the performance of said work or caused by the violation of any City ordinance , and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demaz:ds within a reasonable time after demand thereof . ARTICLE V. , 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 . General Conditions 2.. Advertisement for Bids 3 . Instructions to Bidders 4 . Specifications , in-cluding any addenda 5 . Plans 6 . Contractor ' s Proposal 7 . This Instrument 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 . - 2 - 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 her hereunto set its, his or their hand and seal the day and year first above written. In the presence of: CONTRACTOR CLEAR 7RESEARCH, INC. �� l —�- � -- /_-mac �y� - e BY: '- t e,1:? ,r / r 5,,v� c,/T-- (Specify Title) (Seal of Contractor e '1 if a Corporation) By: �, - �;__ ._ -�r�, N , n l ) L--'c-(- 'X lC. _.1.-c-c. «----- (Specify Title) CITY OF OSHKOSH i (Lx_0 Q1Le �. `f i\rAir,t,QQ x BY: Z--__ ,e g Ze WILLIAM D. FRUEH, City Mana er CONVERSE C. MARKS,_ • y Clerk I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. (Seal of City) l 0 EDWARD A. NOKES, City Comptroller A ro e. .s to form' )4., . JO W. ..1 E, City Attorney - 3 - CASUALTY INSURANCE COMPANY BOX 43035/ST. PAUL,MN 55164 CERTIFICATE OF INSURANCE Policy Number Effective Date Expiration Date This is to certify that Mutual Service Casualty Insurance Company has issued to the C Je2396937A0 10...3-7R 10-3-79 we Insured named herein the policies listed and such policies apply with respect to the �66HW0118 1 g 9-15-79 AUTD hazards and for th• coverages and limits of liability indicated by specific entry herein, �" 5— subject to all of the terms, conditions and exclusions in such policies. This certifi- 1CC B 85591 10-19-78 10-+19-79 CGL cats of insurancsneither affirmatively nor negatively amends, alters or extends the coverage afforded by these policies. (Specific entry is indicated by NJ.) Name and address for whom Certificate of Insurance is issued: Nome of Insured and address City Of Oshkosh, Wisc. Clear Water Research Oshkosh, Wisconsin P.O. Box 44 Lake Elmo, Mn. 55042 ❑ This certificate holder is also a lienholder(See reverse side) Loss Payable Clause ❑No. I ❑No. II applies. TYPE OF POLICY AND COVERAGE General Liability ®Automobile ESpecial Multi-Peril 0Implement Dealers nOutboard Motor and Boot ❑Special Multi-Cover for Cooperatives n Dealers Risk ®Premises& Operations ElDescribed Vehicles Only ❑ Limit $ ❑Escalator (See Below) El Independent Contractors ®All Owned Vehicles ❑Buildings ❑Stock(Including Autos) 111 Boats Ell Products — Ull Non-Owned Vehicles El Business Property ❑Equipment and Machinary El Motors Completed Operations Comprehensive El Additional Coverage (specify) ❑Owned Autos 0 Trailers ❑Contractual 0Fire, Lightning, ❑ ❑Non-Owned Autos ❑Portable Equipment (As described below) Transportation and ElLiability ❑ and Accessories ❑ Com i ed Additional ❑Additional Coverage (specify) ❑ ❑ ❑ ®$ 250 ❑ ❑ Deductible Collision ❑ ❑ U Hazard I ❑Auto Garage ❑ ❑Hazard II LIMITS OF LIABILITY General Liability ❑Automobile cAuto Garage Single Limit Bodily Injury and Property Damage Bodily Injury Property Damage $ Each Occurrence Automobile $ Each Person $ Foch Accident $ Each Accident $ Each Occurrence $ 1,000,000 Each Occurrence General $ Each Occurrence $ Aggregate $ 1,000,000 Aggregate Liability $ Aggregate El PIP E PPI Building or Location Limit QGeneral Liability 1{]Automobile QAuto Garage $ $ 150,000 Each Person $ _Foch Accident $ $ Each Accident $ 100,000 Each Occurrence $ $_.300..,000 Each Occurrence $ Aggregate $ $ Aggregate $ $ Description and location of Operations, Automobiles, Contracts, Additional Insureds, etc. Workers Comp. - Issued through AEtna Life & Casualty Automobile - Issued through The St. Paul Property & Liability Ins. Comp. General Liability -- Issued through United States Fidelity & Guaranty Co. M_l_ :: = i,eus: Casualty Insurance Company agrees to give Vie 11 days written notice to thehol.-r of this Certificate of Insu-•nce in the event of cancellation of any policy or coverage listed above. ' __...%I!/ --Zs/ 2UG-245(6-78) Authorized -.presentative 131vR37 UM" LOSS PAYABLE CLAUSE No. I If a Lienholder is named on the reverse side hereof, any loss under Coverages D, E and F-is payable as interest may appear to the named insured and the Lienholder in accordance with the policy terms and the following conditions:— This insurance as to the interest of the Bailment Lessor, Conditional Vendor or Mortgagee or Assignee of Bail- ment Lessor, Conditional Vendor or Mortgagee (herein called the Lienholder) shall not be invalidated by any act or neglect of the L , Mortgagor or Owner of the within described automobile nor by any change in the title or ownership of the property; provided, however, that the conversion, embezzlement or secretion by the Lessee, 'Mortgagor or Purchaser in possession of the property insured under a bailment lease, conditional sale, mortgage or other encumbrance is not covered under such policy, unless specifically insured against and premium paid therefor; and provided, also, that in case the Lessee, Mortgagor or Owner shall neglect to pay any premium due under such policy the Lienholder shall, on demand, pay the some. Provided also, that the Lienholder shall notify Mutual Service of any change of ownership or increase of hazard which shall come to the knowledge of said Lienholder, and, unless permitted by such policy, it shall be noted there- on and the Lienholder shall, on demand, pay the premium for such increased hazard for the term of the use thereof; otherwise such policy shall be null and void. Mutual Service reserves the right to cancel such policy at any time as provided by its terms, but in such case Mutual Service shall notify the Lienholder when not less than ten days thereafter such cancelation shall be effec- tive as to the interest of said Lienholder therein and Mutual Service shall have the right, on like notice, to cancel this agreement. If the insured fails to render proof of loss within the time granted in the policy conditions, such Lienholder shall do so within sixty days thereafter, in form and manner as provided by the policy, and, further, shall be subject to the the provisions of the policy relating to appraisal and time of payment and of bringing suit. Whenever Mutual Service shall pay the Lienholder any sum for loss or damage under such policy and shall claim that, as to the Lessee, Mortgagor or Owner, no liability therefor existed, Mutual Service shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all securities held as collateral to the debt, or may at its option, pay to the Lienholder the whole principal due or to grow due on the mortgage with interest, and shall thereupon receive a full assignment and transfer of the mort- gage and of all such other securities; but no subrogation shall impair the right of the Lienholder to recover the full amount of its claim. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of such policy, other than as above stated. LOSS PAYABLE CLAUSE Noll If a Lienholder is named on the reverse side hereof, any loss is payable as interest may appear to the named insured and the Lienholder in accordance with the policy terms and the following conditions: This insurance as to the interest of the Bailment Lessor, Conditional Vendor or Mortgagee or Assignee of Bail- ment Lessor, Conditional Vendor or Mortgagee (herein called the Lienholder) shall not be invalidated by any act or neglect of the Lessee, Mortgagor or Owner of the within described property nor by any change in the title or owner- ship of the property; provided, however, that the conversion, embezzlement or secretion by the Lessee, Mortgagor or Purchaser in possession of the property insured under a bailment lease, conditional sale, mortgage or other encumbrance is not covered under such policy, unless specifically insured against and premium paid therefor; and provided, also, that in case the Lessee, Mortgagor or Owner shall neglect to pay any premium due under such policy the Lienholder shall, on demand, pay the same. Provided also, that the Lienholder shall notify Mutual Service of any change of ownership or increase of hazard which shall come to the knowledge of said Lienholder, and, unless permitted by such policy, it shall be noted there- on and the Lienholder shall, on demand, pay the premium for such increased hazard for the term of the use thereof; otherwise such policy shall be null and void. Mutual Service reserves the right to cancel such policy at any time as provided by its terms, but in such case Mutual Service shall notify the Lienholder when not less than ten days thereafter such cancelation shall be effec- tive as to the interest of said Lienholder therein and Mutual Service shall have the right, on like notice, to cancel • this agreement. Nothing herein contained shall be held to vary, alter waive or extend any of the terms, conditions, agreementsor limitations of such policy, other than as above stated. Alt.e4seg,(■eist ZS.1• 4‘4t. W. le-4GL. Secretary President STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) C.1. this (5)---- day of ��� 'a , 1�/Q, before me a NOTARY PUBLIC within aid for said County personally appe red THOMAS H. FAIRFIELD to me personally known, who, being by me duly sworn he did say that he is the ATTORNEY-IN-FACT of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instru- ment was signed and sealed in behalf of said corporation by authority of its Board of Directors and said THOMAS H. FAIRFIELD acknowledged s_.R .1R ' .. be the free act and deed of said corporation. REBECCA r NoTARy p BL 17 AN ` ' NNFSOTA t- Notary •u. ;�� `"' „el PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Clear Water Research, Inc. Lake Elmo, MN 55042 Contractor, as principal, and THE AMERICAN DRUGGISTS' INSURANCE COMPANYas surety are held nd fT'rmisy boundd unto the CITY OF OSHKOSH, WISCONSIN, Owner, in the sum of 8b/l0 ou and an (Dollars) 04,000.00 ) to be paid to the Owner for which payment well and truly to be made we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns firmly to these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS are such that WHEREAS, the said Clear Water Research, Inc. did, on the eighth day of May , 1979 , by articles that date , enter into a contract with the Owner for the television inspection of sanitary sewers Contract No. 79-09 . NOW, THEREFORE, if the said Contractor shall save and hold harmless the said Owner from all Public Liability and Damages of every description in connection therewith, shall well and faithfully in all things fulfill the said contract, according to all the conditions and stipulations therein contained, in all respects, and shall save and hold harmless the said Owner from and against all liens and claims of every description in connection therewith, including payment for all materials, labor and equipment, then this obligation shall be void and of no effect, but otherwise, it shall remain in full force and virtue, and in the event that the said Owner shall extend the time for completion of the work or otherwise modify elements of the contract in accordance with provisions thereof, such extensions of time or modifications of the contract shall not in any way release the sureties of this bond. WITNESS OUR HANDS AND SEALS this eighth DAY OF May ,1979 . In th Pre ence of: Clear Water Research, Inc. (SEAL) - :4--0.t..;.,1 ., (SEAL) C�-7//: lo v�� � /�--.t i L�� � lip - �� Principal /w./pr.v/- / THE AME; CAN DRUGGISTS' INS_RAN ie 'rANY .%n i . / de. -1 /. !/ /�/ .fir . / (SEAL) Surety Thomas H. Fairfi: d Attorney-in-Fact • THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK. POWER NUMBER POWER OF ATTORNEY SP N? 691786 THE AMERICAN DRUGGISTS' INSURANCE COMPANY 800 American Building • Cincinnati,Ohio 45202 • 513 -721-4270 KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY,a corporation duly organized under the laws of the State of Ohio, and having its general office in the city of Cincinnati,State of Ohio,has made,cAngtituted and- appointed,and does by these presents,make,constitute and appoint • Thomas Fa.OL& .eLd, George M. Hock, } - . on RLchand NeL son of Mi nneapoti , M.Lnnuota its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign and deliver in its behalf as Surety,any and all kinds of Surety Bonds,except as limited hereon,and to bind THE AMERICAN DRUGGISTS'INSURANCE COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of THE AMERICAN DRUGGISTS' INSURANCE COMPANY and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed One Hunched Thowsand pottatus (This power does not authorize the execution of bonds for loan, financial or bank guarantees.) The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. - ' THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force,to wit: All Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds in the name of the Company. All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of -Jay 1 , 19 79 ,but until such time shall be irrevocable and in full force and effect. IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' NSURANCE COMPANY has caused these presents to be execut- ed by its officer,with its corporate seal affixed,this date of /hat/ 87 , 19 THE AMERICAN DRUGGISTS'INSURANCE COMPANY ;,%if 1 0 0 6 lE.11!i.�i h C' • • By STATE OF OHIO ) President SS: COUNTY OF HAMILTON ) On this �'1/J no , 19 21 , before me, a Notary Public, personally appeared Gordon M. Barker who being by me duly sworn, ac wledged that he signed the above Power-of-Attorney as an officer of the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. My commission expires: January 15, 1980 V■Gelgt.set&., *t 1" Notary Public PROPOSAL FOR CONTRACT 79-09 TELEVISION INSPECTION OF SEWER MAINS '. City Manager City Hall Oshkosh, Wisconsin 54901 Dear Sir: The undersigned, having familiarized himself with the local conditions affecting the cost of the work and with the contract documents including Advertisement for Bids, Instructions to Bidders, General Conditions, the form of the Proposal, the form of the Contract, the form of the Bond, Specifications and Addenda and Exhibits issued and attached to the specifications on file in the office of the City Clerk of the City of Oshkosh, Wisconsin, hereby proposes to perform everything required to be performed and to provide and furnish all of the labor, materials, except that which is expressly stated will be furnished by the Owner, necessary tools, materials or expendable material, and all utility and transportation service, and appurtenances necessary to perform and complete in a workman- like manner all of the work required and as called for in the following proposals in connection with the television inspection of sewer mains, in and for the City of Oshkosh, Wisconsin, all in accordance with the Plans and Specifications on file, including Addenda Nos. issued thereto for the following prices: BID ITEM DESCRIPTION UNIT PRICE TOTAL 1. Inspect, with the use of closed circuit television, approximately 16,000 lineal feet of sewer main, complete as specified;) per lineal foot 44.`` ''` i • / Dollars and Cents Dollars and Cents ) ( ($ 't27Ct!,,c 0 ) —Ps! The undo to' 2 _, days after award of contract and cot niet ti 7)YoJect as s:p,cif1ed. I hebY tht 211 - 'atemeot-2 are made in !,ehalf of (Name of nor:lo..a,t-ion, P:.-,-t-lerso or rersci submitting Bid) = a corp6rat3on undes. rho ,-;5 the ::tate of , con',,.iting of dual tradin',,,; as State lhat 1 have inrcd aJA - ' fls Proposal Clam the Plans and Specit..c, t:Ior,-; „a-,d o tcko- h sap - in detail before submittir4 thH at ' a'!thor] ty to make -.,uch statements and ht-iialf, and that said stateTents --//2 / I z e any) ubscribed and sworn !_o before this i/14.Z._ day o' . . Notary Public, or other off=ol-c- authorized to adminisLef (Bidder snoul,' ado a;', I jris -'r pna :.-mtvin,„ stater.ents to this Proposal as othe-!..wis, r,s2uL,sr as. eot hen:- responsive to the A0vcrt4seiTent, ) Accompanying tI Proposal :is a 1.fi f•(/ 1. 1)-1(1 hen , etc . ) in the amo:n , ce: / , ($ ) , as caL1r0 1.nvitation to add . THE AMERICAN DRUGGISTS' INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS, That We,Clear Water Research, Inc. of Lake Elmo, MN 55042 , as Principal, and THE AMERICAN DRUGGISTS' INSURANCE COMPANY of Cincinnati, Ohio, as Surety, an Ohio corporation duly licensed to do business in the State of Wisconsin are held and firmly bound unto Oshkosh, WI 5% of bid amount not to exceed Eight , as Obligee, in the penal sum of Hundred and 00/100 Dollars ($800.00 for the payment of which the Principal and Surety bind themselves, their heirs, executors, ad- ministrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted, or is about to submit, a proposal or bid to the Obligee on a contract for 1979 TV sewer analysis NOW, THEREFORE, if the said contract shall be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond with surety or sureties acceptable to the Obligee for the faithful performance of said con- tract;or if the Principal shall in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason or such failure, not exceeding the penalty of this bond, then this obligation shall be null and void;otherwise it shall be and remain in full force and effect. SIGNED, SEALED AND DATED this first day of May 19 79 Clear Water Research, Inc. Principal 7' By THE AMERICAN DRUGGIS S'j SUR AIC)E`CO. PB-loo By Thomas H!'-ainie aci STATE OF MINNESOTA) ) SS 4;.OUNTY OF HENNEPIN) O, , 1979, before me a NOTARY PUBLIC within and f this day of who, being f:r said County personally appeared ' HOMAS H. FAIRFIE D to me personally known, by me duly sworn he did say that he is the ATTORNEY-IIN�FACTnofI THE r1AMERICAN hDRUtGISTS' INSURANCE COMPANY, the corporation named in the foregoing affixed to said instrument is the corporation seal of said corporation, and that said instru- ment was signed and sealed in behalf of said corporation m RtErbA� � `t e act and Directors and said THOMAS H. FAIRFIELD acknowledged said ? } Lpjc..'` ( Y 2{S deed of said corporation. My Commis^"•n :xV`^s' ec. 27, 1981 Notary Public THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK. POWER NUMB POWER OF ATTORNEY S I- N? 690452 THE AMERICAN DRUGGISTS' INSURANCE COMPANY 800 American Building • Cincinnati,Ohio 45202 • 513-721-4270 KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY,a corporation duly organized under the laws of the State of Ohio, and having its general office in the city of Cincinnati,State of Ohio,has made,constituted and appointed,and does by these presents,make,constitute and appoint Thoma2 George M. Hock, on R%chand Mahon of Minneapo.P,i.4, M..n.nuo.a its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign and deliver in its behalf as Surety,any and all kinds of Surety Bonds,except as limited hereon,and to bind THE AMERICAN DRUGGISTS'INSURANCE COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of THE AMERICAN DRUGGISTS' INSURANCE COMPANY and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed One Hundred Thousand Vo12ctnb (This power does not authorize the execution of bonds for loan, financial or bank guarantees.) The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force,to wit: All Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds in the name of the Company. All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of 1aey 1 , 19 79 ,but until such time shall be irrevocable and in full force and effect. IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY has caused these presents to be execut- ed by its officer,with its corporate seal affixed,this date of ale/ / , 19 THE AMERICAN DRUGGISTS'INSURANCE COMPANY ;;:.;..<f r; � ' 1906 ///^.a• •+rte /I/ryo1,. A, 3 . ,,,,4 By ■0/241"4"4". STATE OF OHIO ) President SS: COUNTY OF HAMILTON / On this //2 , 19 P© , before me, a Notary Public, personally appeared Gordon M. Barker who being by me duly sworn, ackn l /edged that he signed the above Power-of-Attorney as an officer of the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. My commission expires: January 15, 1980 ,,, 4), *i._ Notary Public