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HomeMy WebLinkAboutRES.1487.08-02-1999 �i. BILL NO. -� 78 RESOLUTION NO. S A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH N. B. WEST CONTRACTING COMPANY, INC. FOR THE 1999 SLURRY SEAL PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with N. B. West Contracting Company, Inc. , for the 1999 Slurry Seal Program. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS � DAY OF , 19�. A. . Spradling, III, r ATTEST: �� g�+,��;���;� , . �,�'F�`�.- -- _�"�,'�"' �;,� �r' �a Gayle . Conrad, City Clerk ��;� _ ���,;``� ��� � � � � � ' L�9 , ; ` %`��� � �;�l ! , ,�� ',";:!/'�% c'�,''� ':_"' ;;� �_..�---�,,.a,�t't � ,e * �:.::��::� , CITY OF CAPE GIRARDEAU 9999 SLURRY SEAL PROGRAM STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the�� day of � � in the year 19� by and between the City of Cape Girardeau, Missouri (her inafter called OWNER) and N.B. West Contractinq Companv Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work to be performed under these Contract Documents consists of all things necessary to apply a Type II Slurry Seal overlay, including but not limited to striping, notification to residents, clearing vehicles from the street, erecting barricades, handling traffic, final cleaning (brooming) of the surface, and covering all metal surfaces for William Street from Kingshighway to Sprigg Street. Length is approximately 7,166 feet and width varies from 50 feet to 60 feet. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within Thirtv (30) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within Fortv-five (45) days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not A-1 completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars $ 200.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fiftv Dollars $ 150.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: Ninety Seven Thousand, Nine Hundred Eight Dollars and Thirty-two Cents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ 97,908.32) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the A-2 case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". A-3 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contra�t Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. A-4 7.8 CONTRACTOR is aware that no second-tier subcontracting will be permitted. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 7 inclusive). 8.2 Exhibits to this Agreement (pages BF-1 to BF-6 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). 8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive). 8.7 Specifications bearing the title 1999 Slurrv Seal Proqram. 8.8 Drawings. 8.9 Addenda numbers _to_, inclusive. 8.10 CONTRACTOR's Bid (pages BF-1 to BF-6 , inclusive) marked exhibit A . 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. A-5 Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and finro counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 19�which is the Effective Date of the ent . OWNER Cit of Ca e Girardeau CONTRACTOR N.B. West Contractin4 Companv Inc. � Micha G. Miller Cit Mana er B , y. �— [CORPO EAL] PO TE SEAL] Attest c, ' Attest �� ������ Address for giving notices Address for giving notices 401 Independence Street 2780 Marv Avenue Cape Girardeau, MO 63703 Brentwood. MO 63144 (If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-7 EXHIBIT A CITY OF CAPE GIRARDEAU 9999 SLURRY SEAL PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The work to be performed under these Contract Documents consists of ail things necessary to apply a Type II Slurry Seal overlay, including but not limited to notification to residents, clearing vehicles from the street, erecting barricades, handling traffic, final cleaning (brooming) of the surface, and covering all metal surfaces on William Street from Kingshighway to Sprigg Street. The width varies from 50 feet to 60 feet; length is 7,166 feet. THIS BlD IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and fumish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: �UstAddendabyAddendumNumberandDate) /( r� ���- BF-1 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, pertormance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurtace conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may �ot be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data conceming conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, pertormance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be pertormed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. BF-2 (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL Q-�y. PRICE EST. PRICE � 1. Application of Type II Slurry S.Y. 43,091 $ �� $ ��i ��(Xj —" Seal ! � 2. Paint 4" Stripe L.F. 28,664 $ �pU $ a`a-�'��� oa 3. Paint Traffic Arrows Each 22 $ �o — $ u'"� � 4. Paint Stop Bars L.F. 500 $ 75 $ 3��� �Z TOTAL BID FOR UNIT PRICE $� �p�J � _ � �� ti i� — _ __s� / (Written figure) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within Thirt 30 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance BF-3 with paragraph 14.13 of the General Conditions within Fortv-five (45) calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: Name � � � (,��s� ' �1 ' �a, , Address � � c��,, b 7 (a) PerFormance and Payment onding Company Name c���-�4�, Address _. �'��� .�i 1�,: ��S , � 1 Agent\Power of Attorney Name (if used) Address 8. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on � Z , 19� State Contractor License No. IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: BF-4 Phone No.: A Partnership BY (SEAL) (Firm Name) (General Partner) Business address: �°Re�i .. A Cor oratio -- n<<� ���-e�.v��e�z.f� �, �C' , (SEAL) (Corporation Name) - 11')������ (State of Incorporation) BY (SEAL) ��,+,,..��;<<y ame of Pers n Authorized to Sign) -�.- '�i, ;��� , .....,, �,. .'��,� (Title) �C`apa���)`t . c� '��` ' ,� : q. �%.j p '�, � At�tE 't`1" : . ;; � �s ,. ;N`s � �`� � ,�� : � .X(SecretarY) t, , ,� � • � � BWs�1�Ss:y�r�`�:,•��'�=� � � �-i,�d�c� , . �. .. ,, �,..,,.....••' } -P, ,:�> `�, , � b�)c1� _ +:A,Qt,F., Phone No,:,.. -_ ���---- Q7�O�-- �1�5� ��G ���f'l�Z—�� � Date of Qualification to do business is 4 Joint Venture By (SEAL) (Name) (Address) BY (SEAL) (Name) (Address) BF-5 Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BF-6 Bond# NA BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) VOW ALL MEN BY THESE PRESENTS, that we N.B. WEST CONTRACTIIIG COMPANY,INC. 2780 MARY AVE., ST. LOUIS,MO 6314 Principal hereinafter called the Principal, and SAFECO INSURANCE COMPANY OF AMERICA Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CAPE GIItARDEAU _ MISSOURI s Obtigee, hereinafter called the Obligee, in the sum ofFNE PERCENT OF TI�TOTAL ru'viOUNT BID ollars ($S% ), for the payment of which sum well and t�uly to be made,the said Principal and the id Surety,bind ourselves,our heirs, executors,administrators, successors and assigns,jointly and severally, :-rnly by these presents. HEREAS, the Principal has submitted a bid for SLURRY SEAL WII.LIAM STREET �W, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into :ontract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as iy be specified in the bidding or Contract Documents with good and sufficient surety for the faithful rformance of such Contract and for the prompt payment of labor and material furnished in the �secution thereof, or in the event of the failure of the Principal to enter such Contract and give such nd or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof tween the amuunt specified in said bid and such larger amount for which the Obl�i e,�:,,.r��y in ,goocl th contract with another party to perform the Work covered by said bid, then this��bliga�cin�_5'ti2ill be 11 and void, otherwise to remain in full force and effect. r��,�G`,,,,••.•: , ,,� ,: . ac►o ss. ,: gned and sealed this 27TH day of �Y '' : ' ��' „�-° .�,9• r u • . . % r� ;';:, �. �'� � � ; N.B.`v'JEST COIdTRACTIIv���11X+fP��r'�;`.n�� '� - �'° : PrinE�i��1-�"• .o'f'�db�, �(�1�' . Witness r/; �J '• ... ' ry '. ,�, g y: '� �/' �l �.j � _ i j.,..,,+., •. •Name/Title SAFECO INSUR.AN COMPANY OF AMERICA ;r s� s ;:�.,, Surety x `� , ) ,/�.�� - f.,.,s�`�`Y�'�r R 41s�a1� h/�`� 1 1�—, �,� p >, , Wi ess $y: �ff,r � �., J RRIANNB.BLASSIE . A'tfdmey=iit'-Fac�-'. � ,. ', - �' ,.a ,�; 'r" ' .. . �•�.p. j; 3C 21328 (5/97) ^ POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA O� SEATTLE, WASHINGTON 88185 NO. 9029 . BY THESE PRESENTS: CO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington �doeS each hereby ap point **�***��*�**�* JAMES P. CITIADINO; JERRIANN B. BLASSIE; M.A. BLAIS; St . Louls , Missourl d lawful attorney(s)—in—fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other of a similar character issued in the course of its business, and to bind the respective company thereby. �S WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each ,nd attested these presents this 22 day of Mey , �g 97 . CERTIFICATE Extract from the By—Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice +ppointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as n—fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and ments of similar character issued by the company in the course of its business . . . On any instrument making or evidencing itment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking �pany, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, �I shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. rtificate executed by the Secretary or an assistant secretary of the Company setting out, 'he provisions of Article V, Section 13 of the By—Laws, and � copy of the power—of—attorney appointment, executed pursuant thereto, and :ertifying that said power—of—attorney appointment is in full force and effect, -e of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." :rson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, certify that the foregoing extracts of the By—Laws and of a Resolution of the Board of Directors of these corporations, and �r of Attorney issued pursuant thereto, are true and correct, and that both the By—Laws, the Resolution and the Power of e still in full force and effect S WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation cn�s 27 dey ot Julv . �s 99 � 3 � Registered trademark of SAFECO Corporetion.