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CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 27th day of February, 1990, by and between Wilbur Fletcher, Inc., hereinafter called the 'Contractor' and the City of Moscow, a Municipal Corporation of Idaho, hereinafter called the 'City'. WITNESSETH THAT: WHEREAS, pursuant to the invitation of the City, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 14th day of February, 1990, file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has heretofore determined that said offer was the lowest and best submitted: NOW THEREFORE, the Parties hereby agree as follows: I. Complete with Specifications That the Contractor shall comply in every way with the provisions and requirements of those certain specifications entitled: SOUTHEAST RESERVOIR REP AIR AND PAINTING- 1990 II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement by incorporation as though fully set forth herein: 1. The 'Advertisement of Bids' - being the invitation to submit a proposal; 2. The specifications named above by title; 3. The detailed plans listed and described in bid specifications, together with those which may be issued as supplements thereof; and, 4. The proposal of the Contractor, which was submitted on February 14, 1990, the original or conformed copy of which is hereto attached and marked 'Exhibit ---PAGE BREAK--- III. Consideration That in consideration of faithful compliance with the terms and conditions of this agreement (including the specifications) the City shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of Eighty-Six Thousand and Seven Hundred Dollars ($86,700.00) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided. IV. Completion The project shall be complete by July 15, 1990. V. Communications Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: City: Wilbur Fletcher, Inc. P.O. Box 41 Dayton, WA 99328 City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, ID 83843 VI. Full Agreement This contract and the incorporated documents shall constitute the full agreement between the parties; any amendments thereto shall be made in writing. IN WITNESS WHEREOF, said Contractor and City have caused this agreement to be executed on the day and year first above written. Contractor: Wilbur Fletcher, Inc. By^AtJL PiSient - ---PAGE BREAK--- ATT EST: APPROVED AS TO FORM: STATE OF (,Jcu£ss-. ) ) ss County of lŔ:s.- ) s/rs/9o On this day of , 19fq before me a Notary Public, personally appeared Wilbur Fletcer (Prelident), and :rŒa. : ı Ff4¨ (Secretary) known to me to be the president and secretary of W1lbur Feteer, Inc. and acknowledged to me that they executed the foregoing agreement. STATE OF0 ) ss County of/ģ ) Notary uc an for State of LJr..JC...·,Ģ j .Dc'-'1œ t'r-p. ( Ǝ l- On this /3_d;day of 19 Ĥ;before me a Notary Public in and for said State, appeared Paul C>giilsand 'Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. State of ǖ ---PAGE BREAK--- • • II - ' ' - ' I I I I I I • It E.XHIB\T A TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: Feb. 14, 1990 This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for SOUTHEAST RESERVOIR REPAIR AND PAINTING- 1990, specified herein and which construction documents are on file with the City Engineer, City Hall, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. · 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and . all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, or bid bond accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. 8. The undersigned, as a bidder, acknowledges that Addenda Number 1 through have been delivered to him and have been examined a-s-p--'a'-rt,_o_,f...-t·he contract documents . 9. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph GS-12(A) of the Specifications. 2 ---PAGE BREAK--- II I I I I I I I I I I I I I I I I 10. The undersigned holds Idaho State Contractor's License Number 3J II Y . ) 11. The undersigned certifies that the information contained in the STATEMEN./5? 01 P; OF BIDDER'S QUALIFICATIONS is true and correct. It is understood that the\ CITY shall reject any proposal from a bidder whose experience is less than that which is specified in INSTRUCTION TO BIDDERS IB-16. 12. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty Amount a. b. c. 13. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for SOUTHEAST RESERVOIR REPAIR AND PAINTING- 1990, as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule of contract prices as follows: (The bid price(s) is to be shown in both words and figures, in case of discrepancy, the amounts shown in words will govern). A. B . . BID SCHEDULE To replace the center 16 roof rafters, replace the roof vent, and add gussets to he ceEt¯r beaJing support plate, the .bidder submit: a l,?mp sum P.rice of · c}L' Ǖ t::t:l'-1 I I c'-:5 /l.d 1: '"LrA- r . (in words) $ (dollars & cents) To sandblast and repaint the interior of the Southeast Reservoir, complete, as h°rein SJ?eciAed, tl]_e bidder a lump sum pJice . _ of 7 /we. //fbŗ,·5E-rd .(;ltt;jivelke ¼C• $ 2J, L/S:o · (dollars & cents) l 0(.:1 TOTAL BID:$ fDO, (dollars & cents) (continued) 3 , . . · ---PAGE BREAK--- II I I I I ' ' ' I I ' I I I I I I SEAL (If Incorporated) Dated at A- This day of , 19_. WILBUR FLETfiRd INC. Firm Name o 1d er ·QL [ igilatureot Bier ficia itle º.Q.BOX DAYTON. WA. 99328 ailing A ress SiASHiif'J'ON tate o incorporation, if incorporated. 4 ---PAGE BREAK--- ADDENDUM NO. 1 February 1, 1990 Specifications and proposal for SOUTHEAST RESERVOIR REPAIR AND PAINTING- 1990 Project No. 103-89 A copy of the STATEMENT OF BIDDER'S QUALIFICATIONS which must be filled out and submitted with the bid is hereto enclosed. This document was not included in the original specification and proposal booklet. Receipt of all addenda must be acknowledĥed. This form must be signed Ħd att;d :;;posi;.i:i,f; J t addenda. ---PAGE BREAK--- STATEMENT OF BIDDER'S QUALIFICATIONS (MUST BE INCLUDED WITH THE BID) Each bidder submitting a proposal on work included in these specifications shall prepare and submit as part of his bid, the data requested in the following schedule: 1. Name of Bidder: ǞwILBURFLETCHEǡR·INǢC·------------- 2. Business Address: P.O.Box 41, Dayton WA. 99328 3. How many years has said bidder been engaged in the con tracting business under the present firm name: 4. Contracts now in hand (gross amount) $Ǘ150u·ǘooo.oo---- 5. General character of work performed by said company: Steel Fabrication, Erection. Repair, Sandblasting and Coatings of AWWA Water Reservoirs. 6. List of AWWA water tanks (5 minimum) the bidder has coated on the interior with the paint system specified for this project. Include tank owner, contract price, dates, and engineer. Point. Or. 2Mg $59,633 Point. Or. 1Mg 45.000 1989 Gary Dyer Engineer 1989 Gary Dyer Engineer Grandview. WA. 2Mg 99,999.99 1989 Jump Huibregtse & Asso. Harbor. Or. .3Mg 18.500 1989 Harbor Rural Water Dist. Harbor, Or. . 03Hg 2,500 1989 Harbor Rural Water Dist . 7. List of company's major equipment: SEE ATTACHED SHEETS 8. Bank References: SECURITY PACIFIC BANK WASHINGTON 9. Has the site been visited prior to bid? YES Name of Bidder: Date: FEB. 13, 1990 WILBUR FLETCHER. INC. By: BRUCE LARKIN Title: Project Manager P· ---PAGE BREAK--- GENERAL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW All MEN BY THESE PRESENTS, that American States Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint RUTH A. PETERSON of İv a i t s b u r and State of Washington its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred m its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances. contracts of indemnity and other conditional or obligatory undertakings, Provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) 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 common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Altorney(s)-in-Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States Insurance Company, which reads as follows: "The Chairman of the Board, the President or any Vice-President shall have power, by and with the concurrence with the Secretary or any Assistant Secretary of the Corporation, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Corporation may require or to authorize any one of such persons to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Vice-President, attested by its Assistant Secretary and its corporate seal to be hereto affixed this 17th day of _ _ A_,p_ r_ i_ l _ _ 8 9 A.D.19 . ,4{__tQ9 (SEAL) ATTEST: STATE OF INDIANA } COUNTY OF MARION SS AMERICAN STATES INSURANCE COMPANY By On this _ day of _ · - , A.D., 19ǔ , before me personally came Joseph F. Heim , to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Vice-President of American States Insurance Company; 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 authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said _ J o s e P h F • He i m further said that he is acquainted with Assistant Secretary of said Corporation; and that he executed the above instrument. MY COMMISSION EXPIRES T:T¶µ´³ é:²I±N } SS G i 1 b e r t T a Y 1 or and knows him to be the Notary Public I, G i 1 bert T a Y 10 r , the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the president or a vice president and the secretary or an assistant secretary, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." A.D., 1 (SEAL) 9-1459 (11-86) hereunto set my hand and affixed the seal of said Corporation, this _ _ 1_4 _ _ day of February ---PAGE BREAK--- AMERICAN STATES INSURANC.:E COMPANY INDIANAPOLIS1 INDIANA BID OR PROPOSAL BOND Know all Men by these Presents, That we, !'l.II=J?..QE_ !!.:.11'-ƷB-ƶB_c_ tN _ of Qb,.XT_QN_t_ 1IƸSIUJiƹ1'_QN (hereinafter called the Principal), as Principal, and AMERICAN STATES INSURANCE COMPANY (hereinafter called the Surety) , as Surety, are held and :firmly bound unto _ Q.f lQb,.HQ_ _ (hereinafter called the Obligee) in the penal sum of Dollars ( ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, :firmly by these presents. SIGNED and SEALED this da y of X_ƌ!?-ƋƊ9-ƉY l9 --ƺ-2 THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for }LJ-LjljNJNj9-nj---Ǎǎ-Ǐ-ǐǑ-ǒ-DZ--_Q-Ǔ ?_LQ_QJƳ_!.Q_Q_Q ƻƼ-ƽ!!9.>---ƾ!?_Q_yƿ NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Princi pal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond be required, with surety acceptable to the Obligee for the faithful performance of the said con tract, then this obligation shall be void; otherwise to remain in full force and effect. ---PAGE BREAK--- AMERICAN STATES INSURANCE COMPANY INDIANAPOLIS, INDIANA Bond EX 759-788 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WILBURJĠLETCHER., . . - - - - - - - - - - · · · · · · · · · · · as Principal, hereinafter called Principal, and AMERICAN STATES INSURANCE CoMPANY, a corporation of the state of Indiana, with its home office in the City of Indianapolis, Indiana, U.S.A., as Surety, hereinafter called Surety, are held and firmly bound unto . ĭ!_5?Į 1vi?IJ--'----ı?AHO as Obligee, hereinafter called Obligee, in the amount of. EIGHTY-SI:X._ 'I'fiŘU.į ?Ĩ .ĬR:E:I:> . AND 86,700.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dollars ( $ ) , 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 ĩĪīry entered into a contract with Obligee for. ijŕ':':ŖĴ-ĵ-Ķ--ķ--c-- -ĸĹ-ĺ---Ľľ.J:>a0.Ļļ -2-9-3_0 _ . . . . . . . . . . _ which contract is by reference made a part hereof, and is hereinafter referred to as the contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Principal shall be, and be declared by Obligee to be in default under the contract, the Obligee having performed Obligee's obligations thereunder: Surety may remedy the default subject to the provisions of paragraph 3 herein, or; ( 2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the performance of Principal's obligation under the contract subject to the provisions of paragraph 3 herein; ( 3) The balance of the contract price, as defined below, shall be credited against the reasonable cost of completing performance of the contract. If completed by the Obligee, and the reasonable cost exceeds the balance of the contract price, the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges completion or remedies the default, that portion of the balance of the contract price as may be required to complete the contract or remedy the default and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the contract. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the contract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the contract. Any suit under this bond must be instituted before the expiration of two years from date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and sealed this of. . . . . . 19 4.0 Form 9-1055 6-67 UR FLEIQlER, INC . ilflg, Q _q _ _ . . . (SEAL) name and :Et RA IC G Ee-.hif}'./ Attomey-in-F{J ---PAGE BREAK--- AMERICAN STATES INSURANCE COMPANY INDIANAPOLIS, INDIANA Bond EX 759-788 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: ThaL ƬƭƮ--ǰ! řs:Į- - - - - - · - - - - · - · · as Principal, hereinafter called Principal, and AMERICAN STATES INSURANCE COMPANY, a corporation of the State of Indiana, with its home office in the City of Indianapolis, Indiana, U.S.A., as Surety, hereinafter called Surety, are as Obligee, hereinafter called Obligee, for the use and benefit of claimants as hereinbelow defined, in the amount EIGHTY-SIX THOUSAND SEVEN HUNDRED AND NO/lOOths- - 86,700.00 of. . . . . . . . . . . - · · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dollars ( $ 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 into a t t 'th Obi' f Southeast Reservoir Repair and Painting - 1990 con rae wt rgee or _ _ _ _ _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - · · · · · - - - - - · · · · · · - - - - · - - · - · · · · - - · - - · · - · · · · · · · · · · · · which contract is by reference made a part hereof, and is hereafter referred to as the contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall 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 it shall remain in full force and effect, subject, however, to the following conditions: ( 1) A claimant is defined as one having a direct contract with the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being con strued to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the contract. The above-named Principal and Surety hereby jointly and severally agree with the Obligee 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 in the name of the Obligee, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon, provided, however, that the Obligee shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant, Unless claimant shall have given written notice to any two of the following: The Principal, the Obligee, or the 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 shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Obligee or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. After the expiration of one ( 1) year following the date on which Principal ceased work on said contract. Other than in a state court of competent jurisdiction in and for the county or other political sub division 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 or payments made in good faith hereunder. Signed and sealed this Rth day of. . . . . · - - - - - - - - - WILBUR FLEI'CHER, INC. Form 9-1056 6-67 ---PAGE BREAK--- GEN.ERAl PO,WER OF A TIORNEY Amerlcan States lnsura.nce. Company INpiANAPOLIS; INDIANA KNOW All MEN BY. THESE PRESENTS, that American States Insurance Company, a Corporation duly organized and existing under the laws of ihe State . of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint BETTY GRO NNING of Se attle and State ol Washington its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, provided, · however, that the penal sum of any on e such instrument'execlitea hereunder shall not exceed FIVE MILLION AND N0/100 ($5,000,000.00) DOLLARS - 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 common 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 executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-laws of the American States Insurance Company, · which reads as follows:- · · . . · . . · "The Chairman, the President or any vice-president (including any Executive Vice President, Senior Vice President, Second Vice President or Assistant Vice President) shall have power, by and with the concurrence with the any other officer of the Corporation, to appoint Attorneys-in- Fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise." IN WITNESS WHEREOõ. American States Insurance Company has caused these presents to be signed by its Vice-President, attested by its Assistant Vice-President and its corporate seal to be hereto affixed this 5th A.D. 19__liL_. ATTEST: STATE OF INDIANA COUNTY OF MARION Assistant Vice-President day of _D`eacbe cmdbe ef AMERICAN STATES INSURANCE COMPANY By On this day of , A.D., 19__8.3_, before me personally came .:ol smenpo r · to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Vice-President of American States Insurance Company; 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 authority of the. Board of Directors of said Corporation; and that he signed his name thereto under l!ke authority. And said · Jos eph F · Heim · · further said that he is acquainted Ĝith · John J Rosich and knows him to be the . . . " · AěsistanĚ Vice-Pöefti!¥÷e/røùƪd[útƩû;P\ü)t he ex_ecuted the above_ instrument.· ę j · .OCTO.BER Z£ ;1.992. . . · L..fL!l/l/A1MJ ¯ My Commission Expires Notary Public STATE OF INDIANA COUNTY OF MARION I, John J · Rosich , . , the Assisiant Vice-President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. · · This Certificate may be signe9 and sealed by facsimile under and by the authority of Section 8.03 of the By-laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: • "All policies and other instruments of insurance issued by the Corporation shall be signed 'on behalf of the Corporation by the Chairman, the President or any vice-president (including any Executive Vice President, Senior Vice President, Vice President, Second Vice President or Assistant Vice President) and the secretary, or an assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be lacsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." · J . · . ƨ In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this day of - AD.,19:/Q. s-14ss (9-88) Assistant Vice-President ---PAGE BREAK--- I GENERAL P.OWER OF ATIORNEY . Amer.ican States lnsura.nce Company . INDIANAPOLIS, INDIANA . KNOW ALL MEN BY . THESE PRESENTS, that American States lnsu.rance Company, a Corporation d.uly organized and exi.sting under the laws of ihe State· of Indiana, and having its prƧncipal oHice in the City ot Indianapolis. Indiana, hath made, constituted and appointed, and does by these presents make, constitute · and appoint BETTY GRONNING of Se attle and State of Washi ngt o n its true and lawful Attorney(s)-in-Fact. ·with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings. provided, · however, that the penal sum of any on e such instrument· exe cUted hereunder ·shall not exceed FIVE MILLION AND N0/100 ( $5,000; 000. 00) OOLLARS and to bind the Corporation thereby as fully and to the same extent as it such bonds were signed by the President, sealed with the common 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 executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States Insurance Company, · which reads as follows:· · · . . . "The Chairman, the President or any vice-president (including any Executive Vice President, Senior Vice President, Second Vice President or Assistant Vice President) shall have power. by and with the concurrence with the any other oHicer of the Corporation, to appoint Attorneys-in Fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise." IN WITNESS WHEREOê. American States Insurance Company has caused these presents to be signed by its Vice-President, attested by its Assistant Vice-President and its corporate seal to be hereto a !fixed this 5t h A.D. 19___liL. ATIEST: STATE OF INDIANA COUNTY OF MARION Assistant Vice-President day of jDkelcmenrnobpeq r AMERICAN STATES INSURANCE COMPANY By On this _ day of _ , A.D., 19_ll, before me personally came _ J_o_ s espth .ƇF • H e_i_m , to me known. who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Vice-President of American States Insurance Company; that he knows the seal of said Corporation; that the seal alfixed to the said instrument is such corporate seal; that it was so affixed by authority of th9 .Board of Directors. of said Corporation; and that he signed his name thereto under l!ke authority. And said · Jos eph F • Heim further said that he is acquainted with John J Rosich· · and knows him to be the . . Assistant Vice-Pëe_M:lrert!:elt ìí*ld!îtïð;P\ñ)t he executed the above.instrument. Ę j ć · > · .OCTO.BER Z. ;1,992. . .ttzeo/ ® My Commission Expires . Notary òublic . ss COUNTY OF MARION STATE OF INDIANA } . . I, John. J • Rosi . , the Assisiant Vice-President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and eHect. · This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the President or any vice-president (including any Executive Vice President. Senior Vice President, Vice President, Second Vice President or Assistant Vice President) and the secretary, or an assistant secretary, or other oHicer, whose signatures. if the instrument is duly countersigned by an authorized representative of the Corporation, may be lacsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." · -d . In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this day of · -ė -A.D.,19_qa 9-1459 (9·88) Assistant Vice-President ---PAGE BREAK--- ) LJ § c8__3_¨ b_gJ#· ¡ j ; ¦ G-3 · . I SSUE DATE i).1MtDDIYYi • . ' ĐđĒ 7. i . Č- . . . • . : . . · . a 2/21/90 PROQUCER THIS CERTIFICATE IS ISSUED AS A MATTEA OF INFORMATION ONLY AND CONFERS ! . NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Blue Mountain Insurance EXTEND OR AL TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW. iY P . O . Box 155 Waitsburg, v7ashington 99361 COMPANIES AFFORDING COVERAGE w COMPANY A American £-tates Insurance Company LETTER ¢ 1 COMPANY B l LETTER I ; INSURED ( I 1i:'ilbur Fletcher, Inc. COMPANY l. f P . O . Box 41 LETTER c I Dayton, \•7ashington 99328 COMPANY ! LETTER D I ċ COMPANY E L Ƙ LETTER ' i 'lOiO\'ŭr{t-1Ů"1. - -ii' -;Ji: • . • !J ; t i Ɓ 0 ƃ . . \i . fƚ Ƅ¢ f. ·Ċ £ J r. M 1 fl THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, f:l NOTWITHSTANDING ANY REQUIREMENT, TEAM 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 CONDI· TIONS OF SUCH POLICIES. co POĬ'CY EFFECTIVE POLICY EXPIP.ATIO LTR TYPE OF INSURANCE POLICY NUMBER OA;E tWNOOIYY) DATE tMI.IIOOIYY) GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY I CLAIIS I.IAOE [KJ OCCURREt\CE AP061159-7 9/23/89 9/23/90 0\'I';ER S & CO)ITRACTORS ?ROTECTNE AUTOMOBILE LIABILITY - ANY AUTO - ALL OWNED AUTOS f- SCHEDULED AUTOS HIRED AUTOS f- NON-OWNED AUTOS Ƃ GARAGE LIABILITY ſ EXCESS LIABILITY R OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES/ RESTRICTIONS I SPECIAL ITEMS . i ' i ALL LIMITS IN THOUSANDS f GENERAL ĭGGREGATE $l,UUU PROOUC7S-CCt.IPoOPS AGGREGATE $1,000 f PERSO'IAL & AOVERTISIG IIJURY s 1,000 I' EACH OCURREt.CE $1,000 f ĉ $ 50 fiRE OM.AGE iA'IV 0'1: "REI t.IEOICAL EXPE.SE iA.W O:E PERSON) $ 5 ro:- CSL $ BODILY INJURY (PER PoRSOī) $ BODILY INJURY ƣCƤƥDENn $ PROP:qrv DA-'AAGo $ . . EACH OCCURRENCE s STATUTORY I s s s . : - - Ɨ . . . . . - . - · l · • . . - ; · . . . . . . Ħ AGVMEGATE f; $ r lEACH ACC:OE'j:HIII:ql t· . . , · 'iJ' - ._ĩ,Ī r Ć· ;1 I: TO t•!HOM IT MAY CONCERN j I ƀ t 1, < f ' 1 , · • . - . Ơ • • . & • ' ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX· PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND Už THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHXEPRES7.3 - L . _rs.ƜƝ ƞ Ɵ " ' ƅ·"Q , • ; , . ēĔH·i;l·ĕĖm 1