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". ... ".:..e'.'.. ..:. .. .. .. -. .. .. .. w .. 111 .. .... v r 11 1 kF BILL NO. 98-164 SPONSORED BY COUNCILMAN Rick Nilges ORDINANCE NO. 8 1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WEATHERCRAFT, INC. FOR ROOF REPLACEMENT AT FIRE STATIONS 2, 4, AND THE ANIMAL ! SHELTER. t WHEREAS, Weathercraft, Inc. has become the apparent lowest and best bidder on the Roof Replacement at Fire Stations 2, 4, and the Animal Shelter project. .. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Weathercraft, Inc. is declared to be the lowest and best bid and is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement ,.- with Weathercraft, Inc.for Roof Replacement at Fire'Stations 2, 4, and the Animal Shelter. ' -� Section 3. The agreement shall be substantially the same in form and content as " that agreement attached hereto as Exhibit A. .'# Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. }( Passed: -J5 - q`� Approved: ' Presiding Officer Mayor EST: APPROVED AS TO F RM: Vj P 'J4 City C erk City Counselor - ►: t i, I�Y�(-r3n^i'.i1JKfrk9 Y.+iM,+>trstS:M Cwrv''S'J-.Ax+ a i. ( 3. 3 v.+4hU H.f q'('r.✓>1�Ml�ts' '1,'�3 rt +. o- 1 t "f 4 FINANCE DEPARTMENT l , PURCHASING DIVISION t , SUBJECT: Bid No. 1799- Roof Replacement Fire Station 4, Fire Station.2 and Animal Rescue Opened January 21, 1999 BIDS RECEIVED: 4 . Weathercraft, Inc, Jefferson City, MO Missouri Builders, Inc, Jefferson City, MO $ 38,140.00 s G& R Construction Inc., Tipton, MO $ 46,950.00 $ 51,201.00 Wagner Roofing Co.; Inc.,Rolla, M0 $ 54,540.00 FISCAL NOTE: f: 1000-3200-7000-0030 Purchase/Improve Bldg&Land 1000-3400-2000-0000 Fire Department Btuldhig& Grounds'Maintenance Animal Rescue s 1998-1999 Budget $45,000.00 ' 1 Expended 1998-1999 Budget $ I-0- 7,000.00 E Encumbered Expended -0_ 1,167.13 Bid 1799 Encumbered B $ 352600o. 150.00 alance $ 9,740.00 Bid 1799 , . _12.,4 2 0.00 : Balance $ 3,262.87 PAST PERFO RMANCE: The vendor has provided cervices to the City Staff feels this vendor will complete the project as specified �' the past satisfaIctorily. x A d and bid. RECOM114EI�pATION. It is the recommendation of st meeting specifications, Weathercraft, Inc. of Jefferson Cir affto award this bid to the lowest.bid 3i bypolan coating for the two fire stations in the amount of y, Missouri with the addition of the } $47,680.00: ; ATTACHMENTS _ SUPPORTING I) ih yi Tabulation of Bids,De �1ENTA'TION Departmental Recommendation: z Signature ing Agent „ Fir e Chue ,1 f Director,Planning& Code Enfo crement tr � t x ` g ,ti Interoff M f M 0 R A ��� h N D U M To: James Hartley, Purchasing Agent/Finance Department From: Robert Rennick, Chief/Fire Dep'rtm n Subject: Roof Coating for Fire Stations 2 4 Date: January 26, 1999 I have reviewed the quote by Weathercraft, Inc,.and our r saving. It ' eco j. 9 is my understanding, based on your research,' that the nMite f-typ�o�C ,energy ' does not extend the roof life directly. However, it does ' g reflecting the suns heat energy, improve the energy efficiency by,:, The additional cost for the Fire Stations 2 a } this cyst to the base award of Weather and 4 �s �9' d' I would recommend adding 9 craft and will still be within the budget amount. ; � ! 1 I , t 1 l , ,l r' } 1 '2 r _ . 777 ok aM .i: , .. ' 1t i .. . t. .a ,. ,. .. r. . . .�(@1M+rwrrr. —._.�..._....______.__._.._...— ...........:.... ..._. -..- _.. .. ,....:. , .. .. ....» _,..._. ._._. .__.<<_...__._,..— --.}r__.11 I I �- .. . I I I I 1, � I,.�,� I . I . I� . I � � I I � I I I I I � I .. .i ' ..r , : I I I I . i:, . .. . ' ' .t a' ,I I I � . I I .(} �n er offIce ,. r\� ZJY r,r. . " ., __. .:M E M .O: R A N D U M , ,3 —" — -- °,: To: James Hartley, Purchasing AI gent/Finance Department i r � I 4 4 From: Robert Rennick, Chief/Fire Departme<- I 1. t - .�r- :,r, 1,r Subject: Roof Bid Date: January 21, 1999 . .. i recommend the low bid of Weathercraft Inc., be accepted for the roofing projects at Fire }`` Stations 2 and 4. The bid amount of$25,720 is within the budgeted amount of the 99/99 1. department budget. . . ""SS .. 7.' ", . � I � %, i r .I � .I . I . � I � I- � r, _ ;,i,_� ' -.I i'J� �. .I . I r . 3 ;: 8 . . t . . . . . �. r,` I%x .. (' ' ' " . k }T t ,.'t f . �� .. § l rz t 11 r� 4 f 11 � It i 4' §r uC t t' Ft�H �. .'y t r.` a f t t y �c7i r. & i i t' .. .. f a' f 4 ! 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I,,,, i i I ', ,,�.�-.,J, ' : : � 11 � I 11 - . I � I 1— 1� I — — I . I I ,il I ': li � ': I I Ii��I` � � � ., I _ il _, � �,.-:�--.! _ —.1-1 � II � I. To: Jim Hartley, Purchasing Agent From: Keith A. DeVault,Director of Planning and Code Enforcement z'I Date: January 26, 1999 � r ' Subject: Bid for Roof Replacement at Animal Shelter . . �. n: i:. }. +" I t Please accept the bid of$12,420.00 from.WeathercraR Incorporated for replacement of;the roof ' a ' ,3 . at the Animal Shelter, 919 East Miller Street. . : � v ' :, ..1. s; ,: . I do not want the white hypolan coating on the roof y ; ti 7 S j '.I tt ', , f Wf . �� '� _ 5 ` f .�. `{ � I . � ,I t ;� ,I �_ ,.O �I . � ., � I . : � , 11 . :, � , I �� � �, � � .,I , �, k* h .. # � -1' k -,.� ..11 ,., ' . . Ii ,.I P. :j 1 E I ; . 1 .. J+1. Q .. , Y. - � .'` t i 1 1.I E. .t-' . . . . 1. 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O O M O O IO J 0 0 Q O O V O O N O CD I I ! 00 CD w C aD acs O W m t CA N l C) t: Z M.— CV I-0 jje 7 4%49 d;t I I C I Ql l C j CA O U �, •� c i CO +•� 04 O f E C W } m �° c W co A cu vl C mac' rs i � O C� a) t tom C C� c � C. p�fc � o ?` SC4 d H U r �� '- N I oar- LL ' , O C � G ' c I � =aA � id 00 0 o � N � 2N V1� mtocla DC � (( C �' C7z 'p � _1 'A O : 0 C � i CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this d day of February. 1999, by and between Weathercraft, hereinafter called "Contractor", and the City of Jefferson, Missouri., a municipal corporation, hereinafter called"City". WITNESSETII: That Whereas, Contractor has become the lowest responsible bidder for furnishing the supervision,labor,tools,equipment,materials and supplies and for constructing the following City improvements: Roof Replacement to Fire Station Nos. 2 &4 and Animal Rescue Building,located in Jefferson City, Missouri. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to perform the services described in the attached Exhibit A, to replace the roof at Fire Station Nos.2&4 and Animal Rescue Building,located in Jefferson City,Missouri. 2. Manner and Time for Completion. Contractor agrees with the City to furnish all supervision, labor', tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within sixty (30) calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Fire Chief within ten(10)days after the date of this contract. 3. Prevailing Wastes. All labor utilized in the construction of the aforementioned improvements shall.be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No.5 in which the rate of wages is set forth.Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the wort: to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the ' work to be performed under the terms of this contract. A copy of the record shall be delivered to the Fire Chief each week. In accordance with',Section 290.250,RSMo,Contractor,shall forfeit to the City Ten Dollars($10.00)for each workman employed,for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work.done under this ' contract,by Contractor or any subcontractor under the Contractor. I ' E 4. Insurance. : .j ..� Contractor shall procure and maintain at its own expense during the life of this contract: ! (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. ` (b) Contractor's_Public Liability Insurance in an amount not less than$1,000,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence,except for those claims governed by the provisions of the : Missouri Workmen's Compensation I.aw, Chapter 287, RSMo, and Contractor's i c:\sandy\contracts\roofcontract.wpd 4 ` t f t Y - Property Damage Insurance in an amount not less than$1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability-Insurance in an amount not less than. $1,000,000 for all claims arising out of a single accident or occurrence and$100,000 for any one person in a single accident or occurrence. E 1 (d) Owner's Protective Liability Insurance. Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured,in an amount not less than$1,000,000 for all claims arising out of a single accident or occurrence and$100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. ;<Jo policy will be accepted which excludes liability for damage to underground structures or by reason of blasting,explosion or collapse. (e) Subcontracts. In case any or all of this work is sublet, Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs(a), (b), and(c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub- paragraphs (b) and(c)hereof shall provide adequate protection for Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract,whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective finsurance (or contingent public liability and contingent property damage policies)by a 1 general contractor whose subcontractor has employees working on the project, unless 1 the general public liability and property damage policy(or rider attached thereto)of the j general contractor provides adequate protection against claims arising from operations i by anyone directly or indirectly employed by Contractor. 1 (g) Certificates of Insurance furnished to the City showing proof of comphanca with these insurance requirements shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least fifteen days prior written notice has been given to the City. Certificates of Insurance must be on file with the City prior to signing the contract to begin work. ( 5. Contractor's Responsibility for Subcontractors. 11 It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth,insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. c:\eundy\contracts\roof contrnct.wpd its i, E r. 1 # a ` Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 6. Liquidated Damages. The City may deduct five hundred dollars($500.00)from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 7. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior i written notice to Contractor,without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt,or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract,or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 8. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7,then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this.contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work,such materials,appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of,the rights of the City under any other provisions of the contract,city ordinances, f and state and federal laws. 9. Indemnity. Contractor agrees to defend,indemnify,and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor., its servants, agents or subcontractors in the construction of said work,or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor, its servants, agents, or subcontractors, or arising out of the award of this contract to Contractor. 1 I � 3 !. c:\sandy\contracts\roof contract.wpd 3 2 1 .1. � .. ,. - .... .. .. ,_.........._... . 1 ti ' f t 10. Payment f©tr Labor and MettQri�s,,, Contractor agrees and binds itself to pay for all labor done,and for all the materials used in the f construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Suntalies. Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062, RSMo 1986 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 12. Payment. The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Fire Chief and in accordance with the rates and/or amounts stated in the bid of Contractor dated January 20, 1999 are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Forty Seven Thousand Six Hundred Eighty Dollars($47,680.00). 13. Contract Documents. The contract documents shall consist of the following: i j a. This Contract f. General Provisions b. Addenda g. Special Provisions E � C. Information for Bidders h. Technical Specifications d. Notice to Bidders i. Drawings and/or sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as.fully a part of the contract as if attached hereto or repeated herein. rl I 14. Nondiscrimination. i Contractor agrees in the performance of this contract not to discriminate on the ground or r: because of race,creed,color,national origin or ancestry,sex,religion,handicap,age,or political opinion or affiliation,against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 15. Notices. ..' All notices required to be in writing maybe given by first class mail addressed to the Fire(chief ; ? and the Director of Planning and Code Enforcement, City of Jefferson, 320 East McCarty, Jefferson City,Missouri, 65101, and Contractor at P.O..Box 105108 Hwy 63N,Jefferson City, j Missouri,65110. The date of delivery of any notice shall be the second full day after the day of j its mailing. i � ( c:\sandy\contracts\roof contrACt.wpd mini .t J . 1.. 16. Jurisdiction. , 1 This agreement and every question arising hereunder shall he interpreted accorditig to the laws ,_. and statutes of the State of Missouri, IN MFT tt 5S WHER OF, the parties hereto have set their hands and seals this '" day of 199M. CITY OF JEFFERSON,MISSOURI CONTRACTOR f r i Q � Mayor Title: ATTEST: ATTEST: City'Clerk' Title, APPROVED AS } ity Co or ILI IV- , I. {{ i E i cNxandy�contracW roofcontractmpd rJ �j t:d hL, .T Yna45A`�i�uifx.+4?'K"Y'^+Mc�yabswvwi'.ti,-�u w.x+« .r:. 1 ,rwt 445, A'y'{?J� t �. �S� ig, 1E i ✓; '1t ,'�t 1 ,., 1t �.�' �IdM!t ��1�,4'.�.,f4'-����a:.�Si�:rai+,/f I, .,;...: ... t ".: ff ,`::.' '��� .,. _A, , r, s'Y 3t I •` ,1d,.it�r} �'��L wll6..:.r._'�{'. FEB-11-99 THY 03:35 PM WEATHERCRAFT. INC, FAX NO. 573 635 0238 P. 02 CER71FICATE OF LIABILITY INSUA k-U DATE EPRAucTR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'S UPON THE CERTIFICATE C 8 G Midwosl Inwmrs AAoncy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2222 Schuetz RoM ALTER TiiE COVERAGE AFFOP.DED BY THE POLICIES BELOW. Suke 712 COMPANIES AFFORDING COVERAGE St Louls MO 63146 COMPANY �� r�T-•,r•J^+• 9 r A CNA INSURE CE — COMPANY 1 TfIIpT•Ud • -� t Q3'kohh Comilmy F P 0 Dox 105100 C Johrmn Cky MO 651105108 COMPANY ;��CCrnr•'r,1Nt;- pw. ... , •_... ........,_.. .. .._ COVERAGES �.. 71-1,IS IS TO CEPT'Fy THAT THE POLICIES OF INSURANCE LISTED BELOW•HAVE BEEN ISSUED TO TI1E'INSURED'NAMEO ABOVE FOR THE POLICY PERIOD ' INOICATED, 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 CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Lp TYPE OF INSURANCE POLICY NUMBER MOUCY EFFECTIVE POLICY EXPIRATION LIMITS - _ DATE (MMrDDNY) DATE (mmoo/YYI A GFNrgAI Un9:rTr C90S1372971 05/01/98 05/01/99 GENERAL AGGREGATE S 2,000,000 X CnMSICaC6t c rIEAU uAEIITiY PnODUCTS-COMP/OP AGG f 1,000,000 CI AIMS MADE Q OCCUR PERSONA.A AOV INJURY f 1,000.000 i X OWNER'S A CONTRACTOPS PIIUT EACH OCCURAENCE f 1,01 , I FIRE DAMAGE(Arty one Ore) f 50,00 MED EXP(My one person) f 6,000 A AUTOMOBtLE LIABILITY C501372073 05/01/98 05101/99 X ANY AUTO COMBWED SINGLE LIMIT S 1,000,000 ALL OWNED AUTOS I � � BODILY INJURY SCIEDUICn ADIOS INSURANCE EV p (Per p9n) f X HIRED AUTOS X NON-OMJED AUTOS IPa woddtmq f PR01'EATY DAMAGE f GARAGE LIMMI m AUTO ONLY.EA ACCIDENT S i ANY AUTO OTHER THAN AUTO ONLY. I f A ExCFSS LIABILITY 0174443712 OS/01/98 05/01/99 EACH OCCURRENCE s 2,000,000 i UtAnRCLLA f011M ' AGGREGATE f 2,000,000 ± OTHER TIIAN UvaIELLA FORM f WORKERS COMrENSATION MID X TOP.Y L ITS EN EMILOYERSLIAPILITY A THE PROI'niETON WOC701373233 05/01198 05/01/99 EL EACHACCIOCNT f 500,000 rAiTNEn INCL SEXEGUTrWE EL DISEASE•POLICY LIMIT s 500,000 OF"HCEnS AAE EXCL EL OISBASE-EA EMPLOYEE S 500,000 OTMEn I (I( i E ( DESCRIPTION OF OPERA'f10NShOGA1KJNSND11CLr&W—ECIAL ITEMS } CERTIFICATE.HOLDER CANCELLATION : SHOW D ANY OF 711E ABOVE DESCAISED POLjIES BC cAVCCLLEO BEfOnE THE EXr4nATION OATS THEREOF,TIIF.ISSUING COMFAVY WILL ENDEAVOR TO MAIL EO DAYS WnITTEN NOTICE TO THE CERTIrIcATE HOLDEn N/JAEO TO THE LEFT, I BUT FAILURE IL SUCII NOTICE L IMPOSE NO OBLIGATION OR LIAOILITY t OF ANY X0 UPOP THE COMPANY ITVACgQ On ESENTATNES, I AUTHO R TATIVE �• ACARD 25•S (1/05) �U .•��^L••`-.21-��.rte% . . 4 ACORD CORPORAMON,10M CERTIFICk' I CF LIABILITY INSURANw _ °0 198 ' rnOOUr.;'n TIIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION a ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE i C & G Midwost Insurm Agoncy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4222 Schuotz Road ALTER TTIE COVERAGE AFFORDED BY THE POLICIES BELOW. Suilo 222 COMPANIES AFFORDING COVERAGE St Louls MO G3146 _=_ ._...__.ti:. COMPANY �: r.. f"I f r•'V A CNA INSUR CE - IPtEkni HCWTANG'; Highway 63 Nonh ccs,;I•;Nr t P O EIDX 105100 C Jollorson City MO 651105100 _ ! 1 COMPANY COVERAGES _.._.... . . --- :I$ I: 76 c-F T':'e THA- T!+= P0'-h-,IES OF INSURANCE 03TE0 BELOW'HAVE @EEN ISSUED TO THE 1NSUAED•NAMED ABOVE FOR TI-I_ POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OF CONDITION OF ANY COMPACT 0.;OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTtFICAT=MAY BE ISSUED Or MAY PERTAIN,THE !NSU;-ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS, EXCLUSIONS AND CONDITIONS OF SUCii POLICIES. LI6'ITS SHOWN VAY WNE BEEN RE000ED BY PAID CLAIMS. VOuCY UFECTIVE POUCY LXPINATION LTA iYiti OF INSURANCE POLICY NL!MDUl DATE (MMrDA-f) °ATE Iwe.00,YY1 LiNI1S - A CDCS1372971 05101/98 05/01/99 CENEHAL AGGREGATE S 2,000,000 I X c1w.L!Ca_1•:. .p:. i:N a -I,;r moDUCTS •COMNOP AGG S 1,000,000 CI A1!-.v10C f X�OCCUP, aCFSONAL t AOV INJURY S 1,000,000 X OWNERS A ;LNTriAC7O,5 Pli:iT ENA'II OCCUfUlDICC S FIRE DAN,AGE Icy one me) 3 50,000 I MED EXP(Any one Duzon) S 5,000 A lV%"M-)21.E 1.14NIXY C501372073 05/01/98 05101199 COU2lvE0 SINGLE LIMIT s 1,000,000 X A:IY AUTO _ ALL J'd.eG AUTOS BODILY INJURY = i r :cNI:D:n rr,AL•ICS INSURANCE EVI ED trot aorson) X r:IA,:n "„i`�C GOOILY IN!UAY 4.•,r -TI NOU•,l:'.,:EG AUT,1; i ��i'•� iFv ucldcng S _ e- - CAAAGE LIr 0I IT( AUTO ONLY- EA A•.'CIDENT S 1 my AUTO OIHEF THAN AUTO ONLY. I 1 E I � A 0174.143712 05/01/98 05/01/99 EACH OCCURRENCE s 2,000,000 UTAN"irLLA FWIA AGGRi:GAI E S 2,000.000 �- OTWA TIIWl UW11ELLA FOAM } i WORKF.Ar CMAPEKAIION MID X Tory Luhrs EN ENI!LOYEnS LWILITY A IVCC101373233 05/01/99 05/01/99 El EACH ACCIDENT z 500,000 n! PpnrnlsTOn' NCL 500,000 rNnTNE115•EAE(JUTNE EL DISEASE-POLICY LIMIT crr:c0,S AGE GtCL EL DISEASE-EA EMPLOYEE is 500,000 DEJCAIPTicu or GI'EliAi UtlS LGGAIICNLVCIIICLCslCFECIAL ITEW.S CERTIFICATE 11OLDER r— -- _ CANCELLATION . SH01J9D ANY OF THE AEOW DESC."IBED POLICIES RC CANCELLEO DEFOna THE EmPAT10N UATE THEREOF,TIIF 1"SUNG COMrANY WILL ENDEAVOR TO A1,4I1. 60 DAYS WnITT04 NORCE TO THE r.ERTIr1CATC HOLOLA NM1C0 TO THE LEFT, t:uT FNLURE IL SUCH NOTICE • L IM(%E NO OBLIGATION OR LIACII.ITY OF my Kit UPO THE COMPANY• IT. C9Q 011111EOIESENTAT14S. AUMORI 0 R ENTATIVE 1 ACORD 25-S (1105) ACy D CORPORATION. 4 OR 1088 — - r PRODUCER 11418 CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION I ONLY AND CONFERS NO ROM UPON THE CERTIFICATE -�C A Seb�iEetie mmm Aft" HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suft 222 COMPANIES AFFORDING COVERAGE at Lo* MO 89148 COMPANY A CNA INSURANCE INSURED COMPANY WEATHERGRAFT INC B N YEESy 69 North COMPANY p 105108 JeHstson CRY MO 851105108 G COMPANY D I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD f INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM 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 CONDMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. { POLICY EFFEC POLICY EV MATMN co LIR TYPE OF Bt8URAMlCE POLICY MUM" DATE MADDfM DATE WD°IM A GENERAL LIABILITY COOS1372971 05/01198 05101/99 GENERAL AGGREGATE i 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOP AGG S 1,000,000 CLAIMS MADE D OCCUR PERSONAL f ADV INJURY i 1,000,000 X 01MERS i CONTRACTOR'S PROT EACH OCCURRENCE S 11000,000 X PROPERTY DAMAGE WITH $1000 DED FIRE DAMAGE(Arty one llra i 50,000 X PER PR3J AGGREGATE MED EXP VM om"w) s 5,000 A AUTOMOBILE LIABILITY C501372973 05/01/98 05101/99 COMBINED SINGLE LBMT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS WOOLY INJURY ' SCHEDULED AUTOS i V pe ) _ i HIRED AUTOS (B�IL Y 9 s X NON-OWNED AUTOS BY: i PROPERTY DAMAGE i Dow GARAGE LUJIILBTY AUTO ONLY•EA ACCIDENT f i ANY AUTO OTHER THAN ALTO ONLY: I EACH ACCIDENT s i i AGGREGATE 3 A t7(CESS LIABILITY 0174443712 05/01198 05/01/99 EACH OCCURRENCE 111 2,000,000 i UMBRELLA FORM AGGREGATE E 2,000,000 ; OTHER THAN UMBRELLA FORM = WORKERS COMPENSATION AND X EMPLOYERS LIABILITY WOC701373233 05101198 05/01/99 EL EACH ACCIDENT I 500,000 A THE PROPRIETOR/ X NCL EL DISEASE•POLICY LIMIT i 500,000 PARTNE7E5/EXECLTIVE OFFICERS ARE: EXCL EL DISEASE•EA EMPLOYEE E) 500,00G t OTHER I r LAGE�F 5TI T► ION 2 � IIAAL RESCUE BUILDING JEFFERSON CITY, MO SHOULD ANY OF THE ABOVE DESCRIBED POLICIE4 BE CANCELLED BEFORE THE i !!!! EXRRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAL JY OF JEFFERSON �_•,/ 30 DAYS WRITTEN NOTICE TO THE CER11fiCATE HOLDER NAMED TO THE LEFT, JEFFERSON GIN MO 85110 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABLTY OF ANY KIND UPON THE COMPANY, S OR REPRMYAfIVES. IWTTEIOR12l�R67iEBBMTATIVE JAMES P CITTADINO i is i 4 • a . U E ' Bond# 7 44708 PERFORMANCE BOND j The American Instlhrba of Architects, AIA Document No.A312(December, 1984 Edition) Any singular reference to Contractor,Surety,Owner or other Y party shall be considered plural where applicable. { r I CONTRACTOR (Name and Address): OWNER (Name and Address): WEATHERCRAFT, INC. CITY OF JEFFERSON ! PO BOX 105108 JEFFERSON CITY MO 65110-5108 JEFFERSON CITY,MO 65110 � CONSTRUCTION CONTRACT SURETY(Name and Principal Place of Business): FEBRUARY 16, 1999 CAPITOL INDEMNITY CORPORATION Date: 4610 UNIVERSITY AVENUE j Amount: 47,680.00 MADISON,WISCONSIN 53705 { Description(Name and Location): REPLACE ROOF FIRE STATIONS 2&4 AND ANIMAL RESCUE BUILDING JEFFERSON CITY MO BOND# 744708 { Date(Not earlier than Construction Contract Date):FEBRUARY 16, 1999 S I. 1 Amount: 47,680.00 Modifications to this Bond: 9 None ❑ See"Page 2 ` i CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) " A INC. CAPITOL INDEMNITY CORPORATION Signature: 2 Signature: i Name,and Title:Thomas L. Fifer resident Name a d TI e: JERRIANNB.BLASSIE A=IN FACT" " (Any additional signatures appear on page 2.) Z (FOR INFORMATION Only-Name, Address and Telephone) OWNER'S REPRESENTATIVE(Architect, Engineer or other 1 AGENT or BROKER:C&G MMWEST INSURORS AGENCY party): iI '._ 2222 SCHUETZ RD,ST LOUIS,MO 63146 1 The Contractor and the Surety,jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price I selves,their heirs,executors,administrators,successors and assigns to the Surety In accordance with the terms of the Construction ... =; ;".. to the Owner for the performance of the Construction Contract,which Contract or to a contractor selected to perform the Construction t (s Incorporated herein by reference. Contract In accordance with the terms of the contract with the ' 21f the Contractor performs the Construction:Contract,the Surety and Owner. the Contractor shall have no obligation under thi3 Bond,except to par- 4 When the Owner has satisfied the conditions of Paragraph 3,the „ Surety shall promptly and at the Surety's expense take one of the �3 If there is no.Owner.Default/the Surety's obligation under this Bond following actions: shalt arise after: ' 3.1 The.Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner,to p 4 , address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract;or sidering declaring a,Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself,throw h'Its agents or through Independent Surety'to be held not later-than fifteen days after receipt of such 9 g 9 pendent contractors;or notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors :4 the Owner,the Contractor and the Surety agree,the Contractor acceptable to the Owner for a contract for performance and com- s shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract,arrange for a contract to be tract,but such an agreement shall not waive the Owner's right,If prepared for execution by the Owner and the conttaotorielect' f any,subsequently to declare a Contractor Default;and with the Owner's concurrence,to be secured with performance Tlie Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to ' inated the Contractor's right to complete the contract Such the"bonds Issued on the Construction Contract, and pay to the ontractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph"6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price Incurred by the Owner " In Subparagraph 3.1;and resulting from the Contractor's default;or ` oRSC ssn19l1o•931 Page 1 Of 2 =1, r.. ..l.. Vautggan+.thL7.r'3ra:.,s.d,.,Vw.•v ..�,.,, -..,:. ..-...... ...:. .. - ..., ,. r... .. ,... .,. ., Ong r. ..;.r'4.. 'J!S».ri t fi i ...._..... ..�..._ .—..�� _� , i r , i 4:4 Waive Its right to perform and complete,arrange for completion, accrue on thls Bond to any potson or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under Its heirs, executors,administrators or successors. the circumstances: 6 The Surety hereby waives notice of any change, including changes .1 After Investigation,determine the amount for which it may of time,to the Construction Contract or to related subcontracts, --� be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined,tender payment therefor to the 8 Any proceeding, legal or equitable, under this Bond may be Owner,or instituted in any court of competent Jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- 6 if the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years after the Surety refuses reasonable promptness,the Surety shall be deemed to be In default or falls to perform Its obligations under this Bond,whichever occurs on this Bond fifteen days after receipt of an additional written notice Bret. If the provisions of this Paragraph are void or prohibited by law, from the Owner to the Surety demanding that the Surety perform Its the minimum period of limitation available to sureties as a defense ( Obligations under this Bond,and the Owner shall be entitled to enforce in the Jurisdiction of the suit shall be applicable. ! any remedy available to the Owner.If the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed In Subparagraph 4.4,and the Owner refuses the payment tendered or delivered to the address shown on the signature page. or the Surety has denied liability, in whole or in part,without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement In the location where the construction was to the Owner. to be performed,any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1,4.2,or 4.3 above, then the responsibilities of the shall be deemed Incorporated herein.The Intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract, and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract To the limit of the amount of this Bond,but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made,including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract,the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled, reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract The agreement between the Owner from the Contractor's Default, and resulting from the actions or and the Contractor identified on the signature page,Including all :D failure to act of the Surety under Paragraph 4;and Contract Documents and changes thereto. 6.3 Liquidated damages,or If no liquidated damages are specs- 12,3 Contractor Default:Failure of the Contractor,which has neither fled In the Construction Contract. actual damages caused by been remedied nor waived,to perform or otherwise to comply with delayed performance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default:Failure of the Owner,which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived, to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: r r i } (Space Is provided below for additional signatures of added parties other than those appearing on the cover page.) } CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: j i i l Address: Address: ' nd Title: Name and Title: Signature: Signature: ` ORSC 22119(10-93) Page 2 of 2 i_� - Bond# 744708 PAYMENT BOND The American Institute of Architects,AiA Document No.A312 (December, 1984 Edition).Any singular reference to Contractor,Surety, 7 1 Owner or other party shall be considered plural where applicable. ONTRACTOR (Name and Address): WEAIH] RCRAFT INC SURETY(Name and Principal Place of Business): P O BOX 105108 CAPITOL INDEMNITY CORPORATION P 0 BOX 105108 JEFFERSON CITY,MO 65110 1 MADISON,WISCONSIN 53705 I OWNER (Name and Address): 3 CITY OF JEFFERSON JEFFERSON CITY,MO 65110 CONSTRUCTION CONTRACT i Date:February 19, 1999 Amount: 47,680.00 Description(Name and Location): REPLACE ROOF FIRE STATIONS 2 dt 4 AND JEFFERSON CITY, MOB RESCUE BUILDING BOND# 47,680.00 Date(Not earlier than Construction Contract Date):Febataty 19, 1999 Amount: 47,680.00 f` Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: WEATBERCRAFT, INC. (Corporate Seal) CAPITOL INDE?4NIT Y CORPORATION , d— r Signature: ' Name and Title: Thomas L. F 1 f Slgnatll �-�� President Name and itle: JERRIANN B.BLASSIE ATTY IN FACT An additional si natures a ear on a e 2. I (FOR INFORMATION ONL Y—Name,Address and Telephone) OWNER'S REPRESENTATIVE(Architect, Engineer or other AGENT or BROKER:C&G MIDWEST INSURORS AGENCY INC 2222 SCHUETZ ROD,ST LOUIS, party): MO 63146 r 1 The Contractor and the Surety,jointly and selves,their heirs, executors,admi Istrators,successolrs�anid assigns 4.1 Claimants who are employed by or have a direct contrail with the to the Owner to pay for labor,materials and equipment furnishedg or Contractor have given notice to the Surety(at the address described use in the performance of the Construction Contract,which is incor- in Paragraph 12)and sent a copy,or notice thereof,to the Owner, porated herein by reference. stating that a claim is being made under this Bond and, with sub- i 2 With respect to the Owner,this obligation shall be null and void if stantial accuracy,the amount of the claim. the Contractor: 4.2 Claimants who do not have a direct contract with the Contractor: } 2.1 Promptly makes payment,directly or indirectly,for all sums due 1 Have famished written notice to the Contractor and sent a copy, 3 f Claimants,and or notice thereof,to the Owner,within 90 days after having last 2.2 Defends, indemnifies and holds harmless the Owner from performed labor or last furnished materials or equipment included claims,demands, liens or suits by any person or entity whose in the claim stating,with substantial accuracy,the amount of the claim,demand,lien or suit is for the payment for labor,materials claim and the name of the party to whom the materials were fur- ", , 'or equipment furnished for use in the performance of the Construc- Wished or supplied or for whom the labor was done or performed; tion Contract, provided the Owner has promptly notified the Con- and tractor and the Surety(at the address described In Paragraph 12) •2 Have either received a rejection in whole or In part from.the Con- I of any clatmss;demands, liens or suits and tendered defense of tractor,or not received within all day$of furnishing the above notice } such claims, demands, liens or suits to the Contractor and the any communication from the Contractor by which the Contractor Surety,.and provided there Is no Owner Default. has Indicated the claim will be paid directly or indirectly;and'. tKrespecf o Claimants, this obligation shall be null and void if •3 Not having been paid within the above 30 days, have sent a ontractor promptly makes payment, direct) or Indirectly,for all 12)aid to the Surety(at the address described In Paragraph s due, y copy,or notice thereof,to the Owner,stating that t 4 The Surety shall have.no obligation to Claimants under this Bond until: the 1previous written dnotice furnished o the Contractor. copy of °RIC 22114(7.99) d, Pagel of 2 x t K 5 If a notice required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law,the minimum period of Ilml- ' tractor or-to the Surety,that Is sufficient compliance, tation available to sureties as a defense In the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4,the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety,the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page.Actual 6.1 Send an answer to the Claimant,with a copy to the Owner, receipt of notice by Surety,the Owner or the Contractor, however within 45 days after receipt of the claim,stating the amounts that accomplished, shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed . 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed,any provision in this Bond conflicting with said statu- Bond,and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein.The Intent is that this Bond shall lion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond. Contract and to satisfy claims, If any,under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond. By the Contractor furnishing and the Owner accepting beneficiary of this Bond,the Contractor shall promptly furnish a copy i this Bond, they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gallons of the Contractor and the Surety under this Bond, subject to 15.1 Claimant: An individual or entity having a direct contract with the Owners priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner,Claimants or others for labor, materials or equipment for use In the performance of the obligations of the Contractor that are unrelated to the Construction Contract The intent of this Bond shall be to include without limi- Contract The Owner shall not be liable for payment of any costs or tation in the terms'labor, materials or equipment"that part of expenses of any Claimant under this Bond, and shall have under this water,gas,power, light,heat,oil,gasoline,telephone service or Bond no obligation to make payments to,give notices on behalf of, rental equipment used in the Construction Contract,architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change, including changes the Contractor and the Contractor's subcontractors,and all other of time,to the Construction Contract or to related subcontracts, pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this lion where the labor, materials or equipment were furnished. i Bond other than in a court of competent jurisdiction in the location 15.2 Construction Contract: The agreement between the Owner and the Contractor Identified which the work or part of the work is located or after the expiration ed on the signature page,including all { of one year from the date (1)on which the Claimant gave the notice Contract Documents and changes thereto. required by Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last 15.3 Owner Default: Failure of the Owner, which has neither been I "__Ike or or service was performed by anyone or the last materials or remedied nor waived,to pay the Contractor as required by the Con liipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the whichever of(1)or(2)first occurs. If the provisions of this other terms thereof. R ; i MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: i I I f I r , i I I ' (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) i CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY Company: (Corporate Seal) Company: lure: Signature: and Title: Name and Title: ss: Address: i Page 2 of 2 INDEMNITY CORPORATION %ry ~� 'r 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON,WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O BOX 5900,MADISON.WI 53705-0900 ;F PHONE(608)231-4450•FAX(608)231.2029 POWER OF ArfORNEY No: 4 ,99269 KnOW all men by these Presents, That the CAPITOL INDEMNITY CORPORATION,a corporation of the State of Wisconsin,having its principal offices in the City of Madison, Wisconsin,does make, constitute and appoint JAMES P. CTTTADINO. JERRIANN B. BLASSIE OR M.A. BLAIS i I its.true and lawful Attorneys)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ----- - -- NOT TO EXCEED$3.(XX).(XX).(M) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following ..Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: "RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted fff the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorneys)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company.may be affixed to any such.power of attomey or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these Presents to be.signed by its officer undersigned.and its corporate seal to be hereto affixed duly attested by its Secretary,this 1 st day of June, 1993. ( CAPITOL INDEMNITY CORPORATION. Attest: . . \ a 1 virgiline M.Schulte,Secretary a CORPORATE' Geo .Fait,President u SEAL =` STATE OF WISCONSIN hmiumnnm"`�� COUNTY CAF DANE , On the 1st day of June,A.D.; 1993, before me personally came George A Fait,tome known, who being by me duly sworn; did depose and say:. that he:resides in the County,of Dane, State of Wisconsin; that. he is.the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the.above instrument; that . ;he.knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so j affixed by order of the Board of Directors of said corporation and that he signed his name'thereto by like order. \\ ` SpQG�� �uonulm STATE OF WISCONSIN PETER = ��VV��++ tt✓✓" S HANS * Peter E.Hans i COUNTY,OF DANE 3 Notary Public,cane l i `�o ry Co.,, . I RVP�,\\\��\�\ My Commission Is Permanent yrunmm CERTIFICATE x I, the undersigned, duly.elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation,authorized to make this certificate, DO HEREBY CERTIFY that the..foregoing attached Power of Attorney remains:in full force and has not been revoked; and furthermore:that the:Resolution:of.the Board of Directors,set forth in the:Power of Attorney is now in force. Signed and sealed at the City of Madison. Dated the 16 day of February ` ;19 9.9 �tnuuuiur�,,,/ /J1 \a�d,N,rrCo9 S gCORPORATE'b SEAL Paul J.Bre er,Treasurer 4�4 wscm+sa��yQ //d/NlNllplu`" This power Is valid only if the power,of attorney number printed in the upper right hand corner appears in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home bffice,ot the Capitol Indemnity corporation: - 4.