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HomeMy Public PortalAboutORD09444 t BILL NO. ¢; J INTRODUCED BY COUNCILMAN +i ORDINANCE N0, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH '4 :y { Asphalt Engineers , Inc. St. Louis , Missouri BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, }y` MISSOURI, AS FOLLOWS : < ; SECTION. 1. The Mayor and Clerk of the City are hereby :IX, authorized and directed, for and in the name of the City to execute a written contract with Asphalt Engineers , Inc. for the slurry seal project for the sum of $86 ,494.65 5• .A' SECTION 2. A copy of said contract is attached hereto. SECTION 3, This ordinance shall take effect and be in force from and after its passage and approval. i! 1�r s;t Passed: Approved: k4 'Wesicknt of, the C ncil May Attest: . . I Cit Cle k ,try t . ':h 2 f CON'T'RACT FOR PUBLIC WORK CONTRACT THIS ., , made and entered into this day of , 19 by and between George Hartsfield, President of th City Council ,r� ?4, of the City, of Jefferson , Missouri , a municipal corporation of the third , ijlY S class of the State of Missouri , Party of the First Part , and who acts for and on behalf of the City of Jefferson, „jk rpy Et'./ Asphalt Engineers , Itic, - St. Louis , Missouri , Party y of the Second Part, WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Missouri , did on the day of 19 award to the s� . � - Party of the Second Part, Asphalt Engineers, Inc . . , ` the contract for the -ix4=avgAxxidxxxfx slurry seal project fc NOW, THEREFORE , for .an in consideration of the awarding of this :qtr contract and the work thereunder by said First Party hereto,. the City of Jefferson, Missouri , to the Second Party, Asphalt Engineers , Inc. the said Second Party does hereby contract and agree to do and perform said work , above specified and referred to for the following prices and to accept in payment therefore monies now in the treasury of the First Party, upon the acceptance of said work by the City Council of the said City of Jefferson. UAL NTITY CLASSIFICATION UNIT PRICE AMOUNT 113,400 sq. yds . slurry seal $0. 6479 $86 ,484.65 y I +t' 1 1 UP01" con►plc3tion of tho Work , readjustments in the conti-act price shall be made iccorcliny Lo ic(..tiol. muilsurements Illlca e►t t.hu p1- j(,e her unit specified in contract . NOW, I3Y 'I'I113Si: hI21 S1,N'1'S , it is agreed and understood by the parties hereto, that this contracL is entered into subject to all existing ordinances , of the City Of Jefferson pertaining to L•)le work awarded anti subject to the plans and specifications and estiwat:es of the costs for such work on File in the office of the City Clerk, and which shall be considered a part and parcel of this contract ; that all. questions arising as to Lhe proper performance of this Contract of such work in accordance with the plans and specifications therefor, and estimates thereof=, sha.1L be decided by the Director of Public Works of =the City of Jefferson , hl.i SBOUri. , or by such compeLent. .person appointed by the -Mayor and the City Council of the City of Jeffx3rson Lo supervise and superin- tend said work in the place of and instead of such Director of Public Works ; that in the case of improper construction, the City of Jefferson reserves the .`right at any time to suspend, re-let or order an entire reconstruction of the work hat Contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project .by September 1 � 1980 The City reserves the right at =any time to suspend, r.e-Let or order an entire recon- struction of the work awarded and to declare the contract forfeited ; but that such suspension, re-LeLling or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the. Contractor ' s non-compliance with this contract . Liquidated damages of $50. 00 per day will be assessed against the Contractor for each day the work remains incomplete following the completion date or extension thereof. The Second Party acir.ees to pay all classes and crafts of labor used in the performance of this contract the prevailing hourly rate of wages as d Ormined by the Department of Labor and Industrial Relations and 'iSecond Party acknowledges that he knows the prevailing hourly rate of wages for all the classes and crafts of labor to be used in the performance of this contract because lie has obtained the pr.evail..i.ncl hourly rate of wages from the contents of Special Wage Determination No. 0-026-12.7 in which the rate of wages are set forth . The Contractor further agrees, as the Second Party, that he will keep an accurate record showing Lite names and occupation of all workmen employed by them in connection with the work to be performed uncler the terms of this contract, which record shall show the actual wages paid I:o each of said workmen in eonnec:Li.on wi l:ll Lhe work to be perfor1110d ullci(ir: tilt, terms of this contract, and agrees further Hiat the aforementioned accurate record shall be available and open at all roasonabl e hours for the inspection by the Director of Pi of-is Works or any other' authorized employee o the City of Jefferson, Misso i . In compliance: with the Prevailing Wogo Law, a A n in Sections 290. 210 to 290. 340 inclusive, Revised StatuLes or Mhstlouri , 196 ), effective October 13, 1969, not 1 emi than the provo i.l .i.ng hots c I y rrl U OI` waye s in the Jefferson City area slizil I be paid Lo all workmen purforming work under this contract, Section 290. 1150 . Tho Col)Lracl.or 8111 I 1 I'or I o i t t.0 t•Iiu C.' i.Ly Ten 3 Dolly%rs ($10 .00) for each workman employed, for each calendar day, or portion "`.thereof, such workman is paid less than the stipulated rates for any work don nder said contract , ).)y him or any subcontractor under him. Section' ' i90: 0. k' The Second Party agrees to completely indemnify and hold harmless the 11*�°City of Jefferson for any and all damages, injuries, actions, costs, attorneys ' fees and all other expenses whatsoever. , arising out of the Mperformance of said work whether the property or persons damaged are the ervants and employees of the Second Party, or third parties in no manner f • m connected with said work. All interlineations , corrections , deletions and ry dip. ...... ,changes herein have been 'made prior to the execution of this contract . t ra Ivv; ' IN WITNESS WHEREOF , .t}ie parties have }iereunto set their hands and ,aurseals this 1Lr day of 19 . ,11a rw ® CITY OF JEFFERSON, MISSOURI w r' (By) ASPHALT ENGINEERS, INC , (By air `i This contract, executed in duplicate, one copy being deposited in of the City Clerk of the City of Jefferson, and the other `;;r:.:beinc retained by the' party of the Second Part . r rti Uupli-ii „I A I A h,im Ail 1',+ H11 kf lion ' Bond 45181192 LABOR 6 MATERIAL PAYMENT BOND FIAEMAHSf('Uim THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE pf>AI1lAl1�COMPAt✓ OWNER CONDITIONED ON 'INE FULL. AND FAITHFUL. PERFORMANCE OF THE CONTRACT KN(AALL MEN BY THESE PRESENTS; ThatIT Asphalt Engineers, _Inc. .— (fore Insert lull namo and address or legal title of Contractor) 1620 Woodson Road, St. Louis, Missouri 63114 as Principal, hereinafter called Principal, and. The American Insurance .Company�___720 Main Stree_t_L More Innort lull name and address or legal title of Surely) _City-,_. 4issouri as Surety, hereinafter called Surety, are held and firmly bound unto Citv Qf Jef_ferson City, Jefferson, City, Missouri --.- 01tow ueu-rl lull name and addrosn or Imial titio of Owner) as Obligee, hereinafter called Owner, for the une and benefit of claimants as hereinbelow defined, in the amount of ***Eighty--Six Thousand Four._Hundred _Eighty_-I?our._and..65/_100***_ _Dollars ($**86,484,65** Illoro Insert a nurn equal to(it least one-hall of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and n assigns, jointly and severally, firinly by those presents, WHEREAS, Principal has by written agrootnont dated_. _ ..July._7,_ 19801 .— entered into a contract with Owner for Street Maintenance Slurry Seal Pro ect in accordance with drawings and specifications prepared by_ Robert Bates, Engineer _ 911 mast Miller Street, Jefferson Cit Missou_ _. _ _ y ri 65101 f' (lhm frown full wim4t and address or legal title of Architect) -- whi ontract is by reference tirade a part liercof, and is hereinafter referred to as the Contract. NOWWEREFORE, THE CONDITIor,i OF THIS OBLIGATION i:i such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and malarial unocl or roarottably required for use in the performance of the Contract, then this obli- gation shall be void; othorwhle it shall roinaut In hill force and effect, subject, however, to the following conditions: 1. A claimant is defined an ono having a ditoi.-1 contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or roaronably required for one In tho i:arfurmanco of the Contract, labor and material being construed to include that part of water, gait, power, light, host, uil, ganollnu, tolophone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Suroly horuby jointly art(.] sovurally agree with the Owner that every claimant as herein defined, who has not boon paid in full before the uxpirallun of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or porfonnod, or inalorlaln wore lurnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final ludgutont for such nurn or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any conts or expenses of any such suit. i 3. No suit or action nhall he commenced hereunder by any claimant: a) Unless claimant, other than one having a dirccl contract with the Principal, shall have given written notice to any two of the follow- ing: The Principal, the Ownor, ur the Suroly abuvo nam,:d, within ninety (90) days after such claimant did or performed the last of the work or labor, or lurninhod the taut of the material,; for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whorn tho mcitarlaln woru furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by reglotorod mail or certified mall, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place whore an office hi regularly maintained for the transaction of business, or served in any manner in which legal ):rocess m•ay bo uorvod In tho ntAto In which the Aforesaid project is located, save that such service need not be made by a public officer, b) Alter the ox�iratlon of one (1) year following the data on which Principal ceased Work on said Contract, it being understood, however, that ! any limitation utnhodied in thin hand In prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended no as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a otato court of competent jurisdiction In and for the county or other political subdivision of the state in which the Project, or any part thereof, in situated, or in the United State:: District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere, 4. The amount of thin bond shall bo reduced by and to the extent of any payment or payments made in good faith hereunder, in- clusive of the payment by Surely of mochanicn' lions which may be filed of record against said improvement, whether or not claim for mount of uuch lion be presented under and against this bond. Signed and sealed this_._- ._7th .........day of-.._. _. .__ ._____ July --A.D. 19 80 Asphalt Engineers, Inc. � (Principal) (Seal) r � (Title) The American Insuranc ompany e ) (Seal) - inda D. Welty(wilnoss) 390533--4.78 James C. Pateidl Attorney-in-Fact ^ r GEN L F THE AMERICAN INSURANCE COMPANY t EY IPOIA KNOW ALI,MEN BY THESE PRFSENTSt That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, has made, constituted and appointed,and does by these presents make,constitute and appoint �IALIN T. LOCKTON, JR. and JOHN T. LOCKTON, III of Mission Hills, Kansas, Y F. HAMBRIGHT, DAVID M. LOCKTON, LINDA D. WELTY of Kansas City, Missouri , ES C. PATEIDL of Overland Park, Kansas, DON G . OSBORNE of Leawood, Kansas, RAY C. RITCHEY of Raytown, Missouri and MERLIN D. REDFIELD of Prairie Village, Kansas jointly or severally Its true and lawful Altorney(s)-in•Fact,with full power and authority hereby conferred to its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds, undertakings,recognizances or other written obligations in the nature thereof---------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. ' This power of attorney is granted pursuant to Article Vlll, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. " "Arlick VIII.Appointment and Authorily of RnldenI Ais Want Sri rourim.and Attorney-in-Farr and Agents tom rept Legal Peaces and Make Appeururo rs. Section 110.App,dnlmenl.The Chairman of the Board of Directors,the President.any Vice-President or any other person authorized by the Board of Directi+r%.the Chairman of the Board of Directors.the Resident or any Vice-president.may.from time to time.a point Resident Assistant Secretaries and Attorney s.in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and an behalf of the Corporation. Section 71.Authority.The Authority of such Resident Assistant Secretaries.Attorneys-in-Fact.and Agents shall be cs prescribed in the instrument es,dencmg their appointment.and any such appointment and all authority granted thereby may he revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1%6. and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary.and Resident Assistant Secretary of this Corporation.and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney.or on any certificate relating thereto, by facsimile,and any power of attorney,any,revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid binding upon the Corporation. IN MESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this4t1_.day of Dprember , i97c)_. ` THE AMERICAN INSURANCE COMPANY a� ty + BY �hq•CD Vice-President STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO } ss. On this–Ath day of December .1912_,before me personally came Wi 1 l i AM W- I altber to me known, who, being by me duly sworn. did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument:that he knows the seal of said Corporation:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written. 111/IIk1/1/NI/sk/IUNNQNNIgNlIgN/1/111///11111 OFFICIAL SEAL e SUSIE K. GILBERT ' NOTARY PURK-CAUFORMIA Notary Public Ctlr 0 COt1NfY OF SAN HIANCISCO Air Commotion Expim Nov. Ile 1960 CERTIFICATE ' N sl//111 TATE OF CALIFORNIA, x CITY AND COUNTY OF SAN FRANCISCO 1, the undersigned. Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that Article Vill, Sections 30 and 31 of the By-laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco.Dated the 7thday of July_ . 19 80. Cr l Assistant Secretary 360711 (HO)—TA-3.76 ' I a,l,h.nu ,0 h I h 1,um h.il l I•,•t, 14'10 GdOaon Bond 05181192 LABOR d MATERIAL PAYMENT BOND { MAN>><ff THIS ROIIU IS ISSUED SIMULTAI,1rOUS1,Y WITH PERFORMANCE BOND IN FAVOR OF THE pstlRlult3Clea pmq OWtil:lt COIIDITIONI'D Off 1111: FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KN ALL MEN BY THESE PRESENTS: F�. That_-_... Asphalt Engia®era, Inc. ggq�----- 1620 Woodson Roa(�'foro urnfgiCral atnupa,acj,j}d80u>Ll Idles d,�ggtrpctor) 1 Ce1l1l bv.�7+��•1l��ii as Principal, hereinafter called Principal, and.. The American Insurance Company, - n treat, (Here insert full name and address or legal title of Surety) Kansas City, Missouri as Surety, hereinafter called Surety, are held and firmly bound unto City of Jefferson City, Jefferson Cit _, Missouri (flare insert full names and address or legal title of Owner) as Obligee hereinafter called Owner, for the use and benefit of cl l a 22 hereinbelow defira n gent of i A�Agi jt y—bix Thousand Four Hundred Eighty—Four and_BT160 _ Dollars •4 ), (flare insert a sum equal to al least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Jul 7 1980 WHEREAS, Principal has by written agreement dated--- _—_y— ! _._—.__._ _ ._______ entered into a contract with Owner for_ Street Maintenance Slurry Seal Prosect ;I in accordance with drawings and specifications prepared by_ RQ Vrt Bates, Engineer (flare insert lull name and address or legal title of Architect) wh9wontract is by reference made a part hereof, and is hereinafter referred to as the Contract. 140 , EREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as licreinalter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obli- gation uhall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant it-, defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gaet, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner !;hall riot be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the follow- ;'; ing: The Principal, the Owner, or lire Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said 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 uhall be served by mailing the saute by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where art office is regularly maintained for the transaction of business, or served in any manner in which legal process m•iy be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be doomed to be amended :;o as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere, 4 The amount of this bond shall be reduced by and to the extent of any payment cr payments made in good faith hereunder, in- clun n of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for mount of such lion be presented under and against this bond. Sid and sealed this_—. 7th-_—day of___..___.�__ ___— July —A.D. 19 80 gne �J Asphalt Engineers, Inc. (Principal) (Seal) (Title) The American Insurance Company ur ty) (Seal) Uhda D. Welty(witness) 360533-4.78 y arced C. Pateidl Attorney-in-Fact GENERAL- POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS;That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco, California, hits made, constituted and appointed,and does by these presents make.constitute and appoint T. LOCKTON, JR. and JOHN T. LOCKTON, III of Mission Hills, Kansas, ' F. HAMBRIGHT, DAVID M. LOCKTON, LINDA D. WELTY of Kansas City, Missouri , JAMES C. PATEIDL of Overland Park, Kansas, DON G . OSBORNE of Leawood, Kansas, RAY C. RITCHEY of Raytown, Missouri and MERLIN D. REDFIELD of Prairie Village, Kansas jointly or severally its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to its name,place and stead.to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizanccs or other written obligations in the nature thereof---------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article Vill,Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VIII.Appointment and Authority uJ Resident A.ssis tanr Srrntariet.and Atfarney-in-Far t and ARrats rum rrpt Legal Pon e.ts and Make Appeurun,e% Section 30.Appointmtni.The Chairman of the Board of Directors,the President,any Vice-President or any other person authorized by the Board of Directors.the Chairman of the Board of Directors.the President or any Vice-President,may,from time to time.appoint Resident Assistant Secretaries and Attorneys-in.Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31.Authority.The Authority of such Resident Assislant Secretaries,Attorneys-in-Fact.and Agents shall be is prescribed in the instrument cs rdencmg their appointment,and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment" This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September, 1966. and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary.and Resident Assistant Secretary of this Corporation,and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be vali binding upon the Corporation." IN W ESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to be hereunto affixed this4±Jl_day of December 197c. THE AMERICAN INSURANCE COMPANY �yN'R�oj By Vice-President i. STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO } On this-4th day of December 19 79 before me personally came Wi 1 1 i am W I Allber to me known, who, being by me duly sworn. did depose and say: that he is Vice-President of THE. AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument:that he knows the seal of said Corporation:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. ■ununugaugnurdltlwglltltaxuunmanunlouun OFFICIAL SEAL ' SUSIE K. GILBERT�aaa,� NOTARY MXUC- FNIt1UA Notary Rihlrc (717 i COI)MY OF SAN FRANCISCO MV Comtnissiort Eupires Non, 17, 1960 CERTIFICATE —--—---------------—liessaill�l �Nlpg STATE OF CALIFORNIA, ss. CITY AND COUNTY OF SAN FRANCISCO 1, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that Article Vill. Sections 30 and 31 of the By-laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco.Dated the 7th day of July 19 $o Assistant secretar t 360711 (HO)—TA-3.70