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Home My WebLink About630170.tiffAUTHORIZING CHAIRMAN ) SIGN CONTRACT WITH E. H. HORTON PLUMBING AND HEATING COMPANY: WHEREAS, a contract has been submitted by E. H. Horton Plumbing and Heating Company agreeing to furnish all of the materials and perform all of the work described in the specifications entitled "Heating and Ventilation Modifications for the Weld County Courthouse," prepared by Miner and Miner, Consulting Engineers, Incorporated, and WHEREAS, after due consideration, the Board believes it to be in the best interests of the County to sign said contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Board of County Commissioners, Weld County, Colorado, be and he is hereby authorized to sign the aforementioned contract, attached and made a part of this resolution. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: DATED: February 6, 1963 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Minute Book 32:Page ,27/ 30/7O A.I.A. DOCUMENT NO. A-107 0 A.I.A. SHORT FORM -FOR SMALL CONSTRUC.ION CONTRACTS AGREEMENT AND GENERAL CONDITIONS BETWEEN CONTRACTOR AND OWNER Issued by The American Institute of Architects for use only when the proposed work is simple in character, small in cost, and when a stipulated sum forms the basis of payment. For other contracts the Institute issues the standard form of agreement between Contractor and Owner for construction of buildings and the standard general conditions in connection therewith for use when a stipulated sum forms the basis for payment. Copyright, 1936-1951-1958 © 1961 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington 6, D. C. THIS AGREEMENT made the Sixth. day of February in the year Nineteen Hundred and Sixty -Three by and between E.-_H._Hor_ton_P1tlmbing_and__Heating, Cos 530 11th Street, Greeley, Colorado hereinafter called the Contractor, and Weld County Commissioners, Millard Ewing, Chairman, Greeley, Colorado hereinafter called the Owner. WITNESS ET H , That the Contractor and the Owner for the considerations hereinafter named agree as follows: ARTICLE 1. SCOPE OF THE woRK—The Contractor shall furnish all of the material and perform all of the work for ___ the heating and ventilating modifications as shown on the drawings and described in the specifications entitled Heating and Ventilation Modifications, Weld County Courthouse. prepared by Miner and Miner, Consulting Engineers, Inc. Architect all in accordance with the terms of the contract documents. ARTICLE 2. TIME OF COMPLETION —The work shall be substantially completed by June 30, 1963. ARTICLE 3. CONTRACT SUM —The Owner shall pay S the Contractor for the performance of the contract subject to the additions and deductions provided therein in current funds, the sum of Sixty-one_Thousand_ Seven Hundred and Sixty-five and 001100 ------------------dollars. ($_61,7b5.0D. uo!1!Pa 196t £01-b' 'ON .I.N3PUIDOO "ITV ARTICLE 4. PROGRESS PAYMENTS —The Owner shall make payments on account of the contract, upon requisi- tion by the Contractor, as follows: On or about the Tenth of the month for the previous month's completed work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT —Final payment shall be due - - 30 - days after completion of the work, provided the contract be then fully performed, subject to the provisions of Article 16 of the General Conditions. ARTICLE 6. CONTRACT DOCUMENTS —Contract Documents are as noted in Article 1 of the General Conditions. The following is an enumeration of the drawings and specifications: SPECIFICATIONS HEATING AND VENTILATION MODIFICATIONS WELD COUNTY COURTHOUSE 9th Avenue and 9th Street GREELEY, COLORADO SPECIFICATIONS January, 1963 DRAWINGS HEATING AND VENTILATION MODIFICATIONS HEATING AND VENTILATION MODIFICATIONS WELD COUNTY COURTHOUSE 9th Avenue and 9th Street GREELEY, COLORADO January 8, 1963 WELD COUNTY COURTHOUSE 9th Avenue and 9th Street GREELEY, COLORADO ADDENDUM NO. 1 January 25, 1963 ARTICLE I GENERAL CONDITIONS CONTRACT DOCUMENTS The contract includes the AGREEMENT and its GENERAL. CON- DITIONS the DRAWINGS, and the SPECIFICATIONS. Two or more copies of each, as required, shall be signed by both parties and one signed copy of each retained by each party. The intent of these documents is to include all labor, mate- rials, appliances and services of every kind necessary for the proper execution of the work, and the terms and conditions of payment therefor. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. ARTICLE 2 SAMPLES The Contractor shall furnish for approval all samples as directed. The work shall be in accordance with approved samples. ARTICLE 3 MATERIALS, APPLIANCES, EMPLOYEES Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwisq„specified, all materials shall be new, and both workmanship and materials shall be of good quality. All workmen and sub -contractors shall be skilled in their trades. ARTICLE 4 ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof. ARTICLE 5 SURVEYS, PERMITS, AND REGULATIONS The Owner shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the Owner if the drawings and specifications are at vari- ance therewith. ARTICLE 6 PROTECTION OF WORK, PROPERTY, AND PERSONS The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any dam- age or injury due to his act or neglect. ARTICLE ACCESS TO WORK The Contractor shall permit and facilitate observation of the work by the Owner and his agents and public authorities at all times. ARTICLE 8 CHANGES IN THE WORK The Owner may order changes in the work, the Contract Sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. ARTICLE 9 CORRECTION OF WORK The Contractor shall re -execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from the date of completion of the contract. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. ARTICLE 10 OWNER'S RIGHT TO TERMINATE THE CONTRACT Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the Owner, after seven days' written notice to the Contractor, and his surety if any may, without prejudice to any other remedy he may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the contractor or, at his option, may terminate the contract and take possession of all materials, tools, and appliances and finish the work by such means as he sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the dif- ference to the Owner. ARTICLE 11 CONTRACTOR'S RIGHT TO TERMINATE CONTRACT Should the work be stopped by any public authority for a period of thirty days or more, through no fault of the Con- tractor, or should the work be stopped through act or neglect of the Owner for a period of seven days, or should the Owner fail to pay the Contractor any payment within seven days after it is due, then the Contractor upon seven days' written notice to the Owner, may stop work or terminate the contract and recover from he Owner payment for all work executed and any loss sustained and reasonable profit and damages. ARTICLE 12 PAYMENTS Payments shall be made as provided in the Agreement. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens or from faulty work appearing thereafter, as provided for in Article 9, and of all claims by the Contractor except any previously made and still unsettled. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to subcon- tractors or for material or labor. ARTICLE 13 CONTRACTOR'S LIABILITY INSURANCE The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and other employee benefits acts, from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise both out of and during operations under this contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. This insurance shall be written for not less than any limits of liability specified as part of this contract. Certificates of such insurance shall be filed with the Owner and architect. ARTICLE 14 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for and at his option may maintain such insurance as will protect him from his contingent liability to others for damages because of bodily injury, includ- ing death, which may arise from operations under this contract, and any other liability for damages which the Contractor is required to insure under any provision of this contract. ARTICLE 15 FIRE -INSURANCE WITH EXTENDED COVERAGE The Owner shall effect and maintain fire insurance with ex- tended coverage upon the entire structure on which the work of this contract is to be done to one hundred per cent of the insurable value thereof, including items of labor and materials connected therewith whether in or adjacent to the structure insured, materials in place or to be used as part of the perma- nent construction including surplus materials, shanties, protec- tive fences, bridges, temporary structures, miscellaneous mate- rials and supplies incident to the work, and such scaffoldings, stagings, towers, forms, and equipment as are not owned or rented by the contractor, the cost of which is included in the cost of the work. EXCLusIONs( The insurance does not cover any tools owned by mechanics, any tools[ equipment, scaffold- ing staging, towers, and forms owned or rented by the Con- tractor, the capital value of which is not included in the cost of the work, or any cook shanties, bunk houses or other struc- tures erected for housing the workmen. The loss, if any, is to be made adjustable with and payable to the Owner as Trustee for the insureds and contractors and subcontractors as their interests may appear, except in such cases as may require pay- ment of all or a proportion of said insurance to be made to a mortgagee as his interests may appear. Certificates of such insurance shall be filed with the Con- tractor if he so requires. If the Owner fails to effect or main- tain insurance as above and so notifies the Contractor, the Contractor may insure his own interests and that of the sub- contractors and charge the cost thereof to the Owner. If the Contractor is damaged by failure of the Owner to maintain such insurance or to so notify the Contractor, he may recover as stipulated in the contract for recovery of damages. If other special insurance not herein provided for is required by the Contractor, -the Owner shall effect such insurance at the Con- tractor's expense by appropriate riders to his fire insurance policy. The Owner, Contractor, and all subcontractors waive all rights, each against the others, for damages caused by fire or other perils covered by insurance provided for under the terms of this article except such rights as they may have to the proceeds of insurance held by the Owner as Trustee. The Owner shall he responsible for and at his option may insure against loss of use of his existing property, due to fire or otherwise, however caused. If required in writing by any party in interest, the Owner as Trustee shall, upon the occurrence of loss, give bond for the proper performance of his duties. He shall deposit any money received from insurance in an account separate from all his other funds and he shall distribute it in accordance with such agreement as the parties in interest may reach or under an award of arbitrators appointed, one by the Owner, another by joint action of the other parties in interest, all other procedure being as provided elsewhere in the contract for arbitration. If after loss no special agreement is made, replacement of injured work shall be ordered and executed as provided for changes in the work. The Trustee shall have power to adjust and settle any loss with the insurers unless one of the Contractors interested shall object in writing within three working days of the occurrence of loss, and thereupon arbitrators shall be chosen as above. The Trustee shall in that case make settlement with the insurers in accordance with the directions of such arbitrators, who shall also, if distribution by arbitration is required, direct such distribution. ARTICLE 16 LIENS The final payment shall not be due until the Contractor has delivered to the Owner a complete release of all liens arising out of this contract, or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the Owner indemnifying him against any lien. ARTICLE 17 SEPARATE CONTRACTS The Owner has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contractors. ARTICLE 18 THE Engineert5 STATUS TheEtlgineenhall be the Owner's representative during the construction period. He has authority to stop the work if nec- essary to insure its proper execution. He shall certify to the Owner when payments under the contract are due and the amounts to be paid. He shall make decisions on all claims of the Owner or Contractor. All his decisions are subject to arbitration. ARTICLE 19 ARBITRATION Any disagreement arising out of this contract or from the breach thereof shall be submitted to arbitration, and judgment upon the award rendered may be entered in the court of the forum, state or federal, having jurisdiction. It is mutually agreed that the decision of the arbitrators shall be a condition precedent to any right of legal action that either party may have against the other. The arbitration shall be held under the Standard Form of Arbitration Procedure of The American Institute of Architects or under the Rules of the American Arbitration Association. ARTICLE 20 CLEANING UP The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, imple- ments and surplus materials and leave the building broom -clean. IN WITNESS WHEREOF the parties hereto executed this Agreement, the day and year first above written. Contractor _:4? Owner WELD COUNTY, COLORADO BY:, fl_ 4rv' X<e-cn Chairman, Board of County 6missioners �-th- Ong Amrrfran U 0 ci .Ann Sporrer, Recorder CONTRACT BOND Jngurnnrp (Compaq Atria tiurk HOME OFFICE, 99 JOHN STREET NEW YORK 38, N. Y. $Ctcum all turn h g tlirur presents that we, E. H. HORTON PLUMBING & HEATING COMPANY Greeley, Colorado BOND NO. 8097361 as Principal and the GREAT AMERICAN INSURANCE COMPANY; a corporation organized under me laws of the State of New York and duly authorized to transact business in the State of Colorado as Surety, are held and firmly bound unto THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO as Obligee , in the sum of Sixty One Thousand, Seven Hundred Sixty Five and no/100xunitnxxxxxxxxxer DOLLARS ($61,765.00*(sa, for the payment whereof well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 1itth day of February , 1963, WHEREAS the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 6th day of February , 19 63 , for HEATING AND VENTILATING MODIFICATIONS, WELD COUNTY COURT HOUSE, GREELEY, COLORADO. .. NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of the Principal failure to comply with any of the terms of the contract, then this obligation shall be void; otherwise it shall remain in force. Penn 903CD Conpact Ilona 0' a O *44 E. HORTON PLUMBING & HEATING COMPANY BY1s�sn.�-.��t.../1a�—rd. Principal Great > ' an3Jnsurantr Qlzunpang 3 I 'CO e -I 0 c l r Power of Attorney No. 0- 2234 IMPORTANT The number of persons authorized by this power of attorney is not more than ORE Greatiktnerinut 3nsunuuv Compaq Newtu** HOME OFFICE, 99 JOHN STREET NEW YORK 98. N. Y. JKtww AU i,i: rtt hu (W! .WP.61' Pintas: that the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and law- ful attorney -in -fact or attorneys -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power CHARLES L. LOTT GREELEY, COLORADO $100,000. This Power of Attorney is additionally limited as follows: This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. in Mittman il!)errnf the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers this let day of JULY ,19 59 Attest: 31RLLIA { 0..-.FETTIS STATE OF NEW YORK COUNTY OF NEW YORK W. C. MARRIN , being duly sworn, deposes and says that he is the Vice -President of the Great American Insurance Company, the corporation which is described in and which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the said cor- poration; an 1 f3 j-IreG,sigttrEcLhis_ nagi,c thereto by like order. He further says that the signature of LLIAM FETTZ3 Jtt Secretary of the said company, is in the genuine handwriting of the said ' WILLIAM 0. FETTIS, JR. , and that he is duly authorized to attest the execution of the said instrument and to affix thereto the seal of the company; that the said company is duly and legally incorporated under the laws of the State of New York and has received from the Superintendent of Insurance of the State of New York a Certificate of Solvency and of its sufficiency as surety or guarantor under the Insurance Law of New York, and that such certificate has not been revoked; and that the said company has complied with and is now complying with the provisions of the Act of Congress of August 13, 1894, as amended by the Act of Congress of March 23, 1910, allowing certain corporations to be accepted as surety on bonds. The deponent further says that the following are true extracts from the By -Laws of the Great American Insurance Company: GREAT AMERICAN INSURANCE COMPANY Secretary By _.._W_C. MARRIN Vice -President } ss.: ARTICLE IV. Officers: Powers and Duties. Section 4.... The President ... shall also have power and authority, from time to time, to appoint and fix the compensation of one or more attorneys -in -fact, to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment, at any time, in his discretion. Section 5.. . the several Vice -Presidents . shall act, in the order of their appointment, in the place of the President, exercising all his powers and performing his duties, during his absence or disability. Sworn to before me this let day of JULY , 19 S9 W, C. MARRIN NOTCMY AMERINEIllop PNoL103 STATE OF NEW yORH CERTIFICATE Qualified i X651000 Nuance/.Wi°' filed m orr CRTY CiI,F.f15GR t1!!arr Hod el � e.'Mcd, Assistant Secretary . of the Great American Insurance Company, do' hereby certif rithat I have compared the foregoing copy of Power of Attorney and the fore- going copy of affidavit annexed to the said Power of Attorney with the originals now on file in the Home Office of the said company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my �3 dand affixed the seal of the said Com- pany this c[ Ti/ day of feed 9R7' 19 3 F. 90s9E'SM-7'59 "ret Secret ary SSecretary Certificate of Insurance issued by the STATE COMPENSATION INSURANCE FUND 662 State Capitol Annex Denver, Colorado TO WHOM IT MAY CONCERN: This is to certify that this Department has issued a Standard Workmen's Compensation and Employers' Liability Policy as described below covering the liability imposed upon subject employers by the Workmen's Compensation Act of Colorado and the Colorado Occupational Disease Disability Act, said policy being in good standing as of this date. POLICY NO *T7dS Policy Period Insured fill; I≤► ---I%* to flfl._._1f.$3 S. tdtri PLEtlteI$G i S AATIWO COMM Address 11Sl1 *Tarry. ORESITY,--- alive POLICY ENDORSEMENTS: *All policies are subject to the following provision of the Workmen's Compensation Act with respect to cancellation: Section 133. If any employer shall be in arrears for more than twenty days in any pay- ment required to be made by him to the State Compensation Insurance Fund as provided by this Act, he shall by virtue of such arrearage be in default of such payment and any policy issued to him by said Fund shall thereupon be cancelled without notice as of the effective date or renewal date of said policy. STATE COMPENSATION INSURANCE FUND DATED Ina STA. • (lrrtt _ nitrie n Ortiup ,),,.: ,��n,��d�. Qork The C,ertilicate o/ inourance GREAT AMERICAN INSURANCE COMPANY OF NEW YORK (TYPE NAME OP COMPANY) certifies that the following insurance policies have been issued on behalf of E. H. HC*tTON PLUMBING & HEATING COMPANY Name of Insured Address of Insured 530 - 11th Street, Greeley, Colorado TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS OF LIABILITY WORKMEN'S COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY EACH PERSON EACH ACCIDENT MANUFACTURERS' AND CONTRACTORS' (Bonin INJURY) EACH PERSON awoa ACCIDENT MANUFACTURERS' AND CONTRACTORS' (PROPERTY DAMAGE) EACH ACCIDENT AGGREGATE OWNERS' AND CONTRACTORS' PROTECTIVE (Borman INJURY) EACH PERSON EACH ACCIDENT OWNERS' AND CONTRACTORS' PROTECTIVE (PROPERTY DAMAGE) EACH ACCIDENT AGGREGATE ( (� 100,000./'0 EACH PERSON COMPREHENSIVE GENERAL (BODILY INJURY) ID 7 9347675 7/1/62 7/1/63 3.00'.00 EACH ACCIDENT 300,000.00 AGGREGATE PRODUCTS 100,000.00 EACH ACCIDENT COMPREHENSIVE GENERAL (PROPERTY DAMAGE) to 9347675 7/1/62 7/1/63 200,000.00 AGGREGATE OPERATIONS 200,000.00 AGGREGATE PROTECTIVE 2000/]/ 0.00 AGGREGATE PRODUCTS Lull (i(WIV� (V�f��I 200 ,000,00 AGGREGACONTRACTUAL PI L.i 121 0 o H P OWNED 1'� 9347675 7/1/62 7/1/63 B. I.100, 000. EACH PERSON (X) w EACH ACCIDENT P. D.�(�00O, EACH ACCIDENT EACH PERSON HIRED ID 9347675 7/1/62 7/1/63 B 1100'000. EACH PERSON 300,000. EACH ACCIDENT P. 25fo00w asaEACH wcornT M. P. EACH PERSON OTHER NON -OWNED IO 9347675 7/1/62 7/1/63 y� 100 0(00. EACH PERSON B• I• ,G�. EACH ACCIDENT 300 P. D. 25,000• EACH ACCIDENT DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVERED In the event of cancelation of the said ppolicies the Company will mail notice thereof to BOARD OF COUNTY COMMISSIONERS, Weld County, Colorado Greeley at (Street and Number) at whose request this certificate is issued. This certificate is not valid unless countersigned by an authorized representative of the Company. Date 2.441.6.3 Countersigned By LOT A4ENCY. ff �ICr� htiV- r Lott / Colorado (City or Town) (State) Signature F. 4071D -25M Sets 8-58 F-3 6 1963 'x•004+` : A+�re Spomer, Recorder Orrat Aiii iinrn Ju%uramrt htumpang Nri n'a Roe_ _ Pisa_ _61 HOME OFFICE, 99 JOHN STREET NEW YORK 95, N. Y. BOND NO. 8028514 Knout all Ittt lig *tot rescttta. that we, E. H. HORTON PLUMBING & HEATING COMPANY GREELEY, COLORADO as principal , and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of New York, having its principal place of business at 99 JOHN STREET, New York, as surety, are held and firmly bound unto County Commissioners, Weld County, Greeley, Colorado as obligee, in the penal sum of 5% of the amount bid DOLLARS ($ 5% ), lawful money of the United States of America, for the payment of which, well and truly to he made, we hind ourselves, our heirs, executors, admiinstrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 30th day of January 19 63 WHEREAS, the said principal is herewith submitting their proposal for heating and ventilation modification, Weld County Court House, 9th Avenue & 9th Street, Greeley, Colorado. NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligaiton shall be null and void, otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to P.1 cP perform the work. if the latter amount be in excess of the former: but in no event shajv''theyJ db4,.,, 1 .7• .. t �j• ility hereunder exceed the penal sum hereof. ;r��,�:'............. •• �' E. H. HORTON PLUMBING & HEATT .'COMPAN Y �s ri �7 .a areal Awn By T. e11UD•fM•e41•m:d Tam 3nsurat / `dr` ° E. 1.4 a E J,1 > li CO a Power of Attorney No. 0- 2234. IMPORTANT The number of persons authorized by this power of attorney is not more than ONE Gnat -American Amirante Qinmpang HOME OFFICE, 99 JOHN STREET NEW YORK 98, N. Y. Nu m AU J:: rn till al1rnr f rrnentz: that the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and law- ful attorney -in -fact or attorneys -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power CHARLES L. LOTT GREELEY. COLORADO $100,000. This Power of Attorney is additionally limited as follows: This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fad named above. in Mitten itlljnYenf the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers this lat day of JULY ,19 59 Attest: 'WILLIAM G. PETTIS STATE OF NEW YORK COUNTY OF NEW YORK W. C. MARRIN , being duly sworn, deposes and says that he is the Vice -President of the Great American Insurance Company, the corporation which is described in and which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the said cor- poration; at f e igpy j, j.js, narpg• thereto by like order. He further says that the signature of so , Secretary of the said company, is in the genuine handwriting of the said " WILLIAM G. FETTIS, JR. , and that he is duly authorized to attest the execution of the said instrument and to affix thereto the seal of the company; that the said company is duly and legally incorporated under the laws of the State of New York and has received from the Superintendent of Insurance of the State of New York a Certificate of Solvency and of its sufficiency as surety or guarantor under the Insurance Law of New York, and that such certificate has not been revoked; and that the said company has complied with and is now complying with the provisions of the Act of Congress of August 13, 1894, as amended by the Act of Congress of March 23, 1910, allowing certain corporations to be accepted as surety on bonds. The deponent further says that the following are true extracts from the By -Laws of the Great American Insurance Company: ARTICLE IV. Officers: Powers and Duties. Section 4.... The President ... shall also have power and authority, from time to time, to appoint and fix the compensation of one or more attorneys -in -fact, to prescribe their respective duties and the respective limits of their authority,. and to revoke any such appointment, at any time, in his discretion. . the several Vice -Presidents . shall act, in the order of their appointment, in the place of the all his powers and performing his duties, during his absence or disability. • SS. : GREAT AMERICAN INSURANCE COMPANY Secretary By—.._w_C,_MAttRiN -- Vice -President this let 19 59 W, C, MARRIN CHOy NEW rem( CERTIFICATE ii r ARV GLENSOR � yr of the Great American Insurance Clerk Assistant Secretary , Company, do' hereby ceitif 'that I have compared the foregoing copy of Power of Attorney and the fore- going copy of affidavit annexed to the said Power of Attorney with the originals now on file in the Home Office of the said company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Com- pany this 30 day of J P AJ .J y 19 t,2 . E. 9089E -5M-769 Assistant Secretary ti Hello