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HomeMy Public PortalAboutORD10680 BILL NO. " SPONSORED BY COUNCILMAN IF ORDINANCE NO. f N FO AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CYCLONE FENCE, U.S. STEEL CORPORATION, FOR THE 1986 GUARD RAIL INSTALLATION PROJECT. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Cyclone Fence, U.S. Steel Corporation, for the 1986 Guard Rail Installation Project, for the sum of $19,087.50. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the,Late of its passage and approval. Passed Approved � r Ash i Presiding Offi r ayor ATTEST: City Clerk f" CONSTRUCTION CONTRACT IS CONTRACT, made and entered into this day of VU , 19.pig by and between _C•yclone Fence, U.S.• St 1 cdIrporation r hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." WITNFSSETH: That Whereas, the Contractor has become the lowist responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements:` 1986 Guard Rail Installation Project -. NOW, THEREFORE, the parties to this contract agree to the following: 1. Manner and time for CorTpletion. The 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 thirty-five working) days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within Sixty (60) days after the date of this contract. 2. Prevailing Wages. 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 the Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Ehiployment 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 Speciaf Wage Determination No. 6-026-157 XXXXXXXXXXXXXXXXX, in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed by Contractor in connection with the work 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 perfo;med under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works 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 the Contractor or any subcontractor under the Contractor. 3. Insurance. 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 $800,000 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 law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. 4 (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. r ' (d) Owner's Protective Liability Insurance - The'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 $800,000 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. No 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, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Sub- , paragraphs (a), (b) and (c) hereof and in like amounts. (f) Sc pe of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the 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 enFountered in the performance of this contract. _ NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. Contractor's Responsibility for Subcontractors. 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 Contracto • 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. Nothing contained in this contract " shall create any contractual relations between any subcontractor and the City or between any subcontractors. 5. Liquidated Damages. The Director of Public Works may, at his discretion, deduct $100 . 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 unforseeable causes beyond Contractor's control and without fault or ` negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days' prior written notice to the Contractor, without prejudice to any other rights or ren°dies of the City should the 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 instruct ions.of the City or fail to observe or perform any provisions of the contract. 7. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, 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, applicances and structures as may be on the work site 1 � t M and are necessary for corrple"i.on of the work. The foregoing provisions are in additi- and not in limitation of, the ® rights of the City under c-�,_ 1-.r provisions of the contract, city ordinances, and state and federal laws. 8. Guards and Lights. The 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 pr 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, or arising out of the award of this contract to 'Contractor, ..•A. Indemnity. The 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 r � 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. 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the 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. Pant. The City hereby agrees to pay the 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 Director of Public Works and in accordance with _ the rates and/or amounts stated in the bid , of Contractor �'- dated .Tune 5 , 19 8_, which 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. t 12. Contract Documents. The contract documents shall consist of the following: -r a. This Contract e. General Conditions _ b. Addenda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings and/or sketches 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. 13, Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or 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. 14. Notices. All notices required to be in writing may be , given by first class mail address to the City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101, and Contractor at P.O. Box 27 - St. guis, 90 63166 The date of 4 delivery of any notice shall be the second full day after the day oi~.1ts mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. y L � 16. IN TESTIMONY WHERDOF, parties hav h- eunto set their hands and seals this ---��' day of ` .� 19 �'e CITY OF JEFFERSON, MISSOURI -f— MAYOR - ATTEST: CITY CLERK CONTRACTOR USX Corporation Cyc ne Fence Division - �- �-"�'FI: J Dillon 1t1 : Con acting Manager • r. ATTEST: , See Attached SECRETARY � • , rl 1 oi h /% �. OD w_ a _ t:.:::::•x•- r I I K I Y E -ter~ / / � t:`• •� ' .♦ • / /' �•f.,r. -' J r � � � � -• .�% -:t -.009•-/ �,I.. i � � �` Vii/ .- 4\\ i• �'• 'it••�'.,,. �' \; •\\ rr // � �. •. .`4J W°j f:Is�,-a\�'.r.� �®��oY1.� ...E ; is �;',< /.-,y>�'r`..�{ '•, f: /,,�3 / `1``\•(«+ry I '�• �G „>� /J ` � // 4. M / /' �% t'°/• j =`,7� ...?t`t��°yh�,1,1•r.i::... �./� ..1\. i� �N / �� a�.:'� ;v ':\.i:.r f + 't' •N .4�.ciTa4j•� ,vY�_ ' .,� •!•Y y' 'J. i1:,• '' N:yt +V /,fig f�: '�fC ` / r. ' •+,'y�r`I,� '%/r°yje/� 'ty�(f .ry%r yyP�,..1rP�... ..'C+�• '/.z y'��i1 � !y �� �, •> / /,+ I ,v�_ ;� ! �,` .�±},fit•. ad / /� \ / .'la w• 1�"� r i •I i 't'• + nh� >� P / .r 'i /rr v I _i'y`iifti�l ,fir Iv l,•,rl I = /'� ♦r / .rya.•: '^'•r•:lai Sr.lfr•_ •.w ,Y � ,+, •' � .. +.''• ' a ahh•1 a a,h/•,i.Y :.r i YhI'�,J^ -•�� • �• )k•S ' / ' �• •- , r•` ^!3C�•.mr:]r.y:ii"T” ' yr,...+ �. •• •n ,•r.. _. d";' �;.rlb'•: IN, Oki t�• r•.\•i: •Yaw' / / 'I'_+'1,1'' •� ! .z+l'i�eq 1•I I, r • .+Y � r 4 "'^""••r.r r +„S ♦'` •y ilY a•�� I •h>t r • a•'•,.'.w• �Y•' '�i.r';�•,•t�.q•Pi]rr1. j ••; y� V sm ASS Cyclone Fence United States Steel Corporation GENERAL OFFICE 13535 SOUTH TORRENCE AVENUE CHICAGO, ILLINOIS 606331699 3121646.6116 I , MERVIN R. OSWALD, Assistant Secretary of USX Corporation, Successor in name and interest to United States Steel Corporation, a Delaware corporation, do hereby certify that the following is a true and correct copy of a resolution that was adopted by the Corporate Management Committee of said Corporation at a meeting of said Committee duly held on August 20, 1982, and said resolution continues in full force and effect at this date: RESOLVED: That the managing Director and any Sales Manager of Manufactured Wire Products; the General Manager of Electrical Cable; the General Manager and any Manager-Sales, Area Sales Manager, Sales Representative and Service Representative of Wire Rope; the General Manager, the Manager and any Sales, District, Assistant District, and Contracting Manager, Office or Service Manager of Cyclone Fence, be, and each of them hereby is, authorized and empowered for and on behalf of this Corporation to execute any and all tenders, proposals, order acceptances, contracts and other documents relating to the sale of products or services of this Corporation within their respective commercial responsibilities. WITNESS my hand and seal of the Corporation this 9 Tip day of 3)1- 19 Assistant Secre dry t e � c1corcl ry Y ,� y; r e •• • • r e r •r r � NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES MARSH & MCLENNAN, INC. COMPANY 600 GRANT ST., SUITE 5500 LETTER A Employers Casualty Company PITTSBURGH, PA. 15219 ErTE RY B Insurance Company of North America NAME AND ADDRESS OF INSURED COMPA Cyclone Fence ETTER� C Texas Employers' Insurance Association Specialty Steel Products Division United States Steel Corporation LETTER ® Employers National Insurance Company Post Office Box 7310 Chicago, Illinois 60680 LETTER ER This Is to certify that policies of insurance listed below have been Issued to the insured named above and are In force at this time. 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 conditions of such policies. COMPANY POLICY Limits O abit n Dusan s LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY f f A ®COMPREHENSIVE FORM CGL 573881 1/1/88 ®PREMISES-OPERATIONS PROPERTY DAMAGE f f ®EXPLOSION AND COLLAPSE HAZARD ®UNDERGROUND HAZARD ®PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE $5,000 f 5,000 ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPFNDENT CONTRACTORS ® PERSONAL INJURY PERSONAL INJURY f AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) f ,, ® COMPREHENSIVE rORM SRL 706 5/l/88 BODILY INJURY f OWNED (EACH ACCIDENT) ❑ ��e •.X''.n r. PROPERTY DAMAGE S t ! HIRED BODILY INJURY AND Rc+» L�J NON-OWNED PROPERTY DAMAGE s5,000 } COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE f f ❑ OTHER THAN UMBRELLA COMBINED Y FORM A WORKERS'COMPENSATION Texas 91791 STATUTORY and ID, NH, VT 573872 1/1/88 EMPLOYERS'LIABILITY - New Mom �= f 100 iLAC��acnncti� Workers' Compensa ion Self-insured in the and State of Missouri (^ Employers' Liabil ty t. DESCRIPTION OF OPERA TIONS/LOCATIONSNEHICLES dob No. 704-6-1441 Cyclone Office Chicacro o: Furnish and install guard rail for the 1986 Guard Rail Installation Project for the City Of Jefferson, Missouri. Cancellation: Should any of the above des(yd)ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER 9-5^86 DATF ISSUED: City of Jefferson 320 E. McCarty Jefferson City, Missouri 65101 AUTHORItp REPRESENTATIVE ACORD 25(1.79) IHaha�d tt ItuuoKalnl �} DIVISION OF WORKMEN 'S ICI-.. 13RANC11 QtrtrlCP:� ' S►, l.oulr COMPENSATION 17111 �4!111r';14"' ►�<i��NAI, Aapartment Of Lobor And Industrial Rolaxtions 4ocIrrA�t: 180f cis).lUli,pli+ti Of Missouri sprina/i 111 011111 'IY 1111111 81 110NU 114101 Office 110% 60 774 PANDERS UU11101HO Roarnwr Jofforuou City, i0collrl Cap 14BIl'{iCall y, 7011 aenuanu'rllTn9:1•;'r 05 101 Joplin 007 NORT HATIONA1+UU1401110 Janmry 9.110 1975 ,Sr. lolepa 400 CORNY ►IU11,111Ha TO WHOM IT MAY C NCRUNI '!Thin le to ca tiny that Ura9 ad Otates abee9. Corporation# 600 Grant Ubroot# Pittsburgh# l=aPylvania 915230# to sn authorized W.f-inaurar for oU its ompsuaation UabiUty undar the 14aisouri iaorkmenlo Compaq ni;ion Wr said outhority baying been granted on Jmtary 210 195.3 and continuing to force and ®ff®et at this time that mad Uoi.ted atatoe flt;oel Corporation bas fi�.ed a bond with the Podeml Inaaurance CampwW an slit••atyp in the aura of $100000o00p as eocurlty for ouch liability#) aivon at the City of Jofferoon, Obste of Maccuri j this 9.4th clay of J"U*.rv,, 3.97Dt All ,`f zv/// c r4 uasa��,ot, v�.rc�vira�r AID 1610Ti w v►aItt' mi a COIRIU11MI TION a (!L81) Cyclone Fence Untied 811111 Steel Corporalfon 13555 SOUTH TORRENCE AVENUE CHICAGO, ILLINOIS 00039 312.040.0110 September 5,1986 City of Jefferson 320 E. McCarty Jefferson City, Missouri 65101 Re: Contract or P. 0. Number Contract dated July 9, 1986 ,Job: 1986 Guard Rail Installation Project Cyclone Contract Number; _ 704-6-1441 Gentlemen: Enclosed please find the following document (s) : (X) Executed contract for your file ( ) Return one :signed copy after execution in your behalf (X) I nsttrvinco Cc+rc i Pi ca 1,v ( ) /Acknowledgement copy of P. 0, (yJ Performance and Payment Bonds to be foinoarded by Bonding agent ( ) Initial "Terms of Payment" Rider We are most appreciative OF you order. Very truly yours, f. I Wi 11 iiimti •'urvicv Itupr•usunl;ttivs �� DEIvED JPW/isv SEP 101986 PUBLIC WORKS DEPT. CALL 1.000•"CYCLONE" GHUBB GROUP of Insurance Gompanlee CHL-11—RE3 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 FEDERAL INSURANCE COMPANY PERFORMANCE AND PAYMENT BOND Bond No. 8300-07-06. Amount $ 25,400.00 Know All Men By These Presents, That we, USX Corporation-Cyclone Fence 311 S. Sarah St. Louis, Missouri (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, NJ, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Jefferson 320 E. Mc Carthy Jefferson City, Missouri 65101 (hereinafter called the Obligee), in the sum of Twenty—five thousand, four hundred and 00/100 Dollars ($ 25,400.00 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated July 9, ,19 86 for Furnishing and installing guard rail for the 1986 Guard Rail installation project for the City of Jefferson, Missouri in accordance with the terms and conditions of said Contract,which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular,the matters and things in said Contract set forth and specified to be by said Principal kept,done and performed, at the times and in the manner in said Contract specified and shall pay all lawful claims of sub- contractors, materialmen or laborers for labor performed or materials furnished directly to the Principal, in the performance of said Contract, we agreeing and assenting that this bond shall be for the benefit of the Obligee, any sub-contractor, materialman or laborer having a just claim, subject to the Obiigoe's priority, then this obliga- tion shall be void;otherwise the same shall remain in full force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated, subject, however, to the following conditions: (over) ED Form 15-02-0010(Ray.7.83) PU.V y No suit or action shall be commenced hereunder by any claimant supplying labor or material on the Project: a) After the expiration of one(1)year following the date on which Principal ceased work on said Contract, It being understood, however,that if any limitation embodied in this bond is prohibited by any law con- trolling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district In which the Project, or any part thereof, is situated, and not elsewhere. Any suit under this bond by the Obligee must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. Sealed with our seals and dated this 8th day of September 19 86. USX Corporation-Cyclone Fence Principal By: Adi — W S. A. SlazykgSkrvice Manager FEDERAL INSURANCE COMPANY By:�� Naomi F. Kidd, Attorney-in-Fact • POWER OF ATTORNEY Know all Men by Chose Prevents,That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road,Warren,New Jamey,a New Jersey Corpora- tion,has constituted and appointed, and dons hereby constitute and appoint I�.,r . B e a�a d r e n u, Naomi r . J!i d d , T M m e R T . Dunn, Jr . , Timothy J . Szertong of Cln,yton, Minn ours.----------•------------------ each Ito true and lawful Attorney-in-Fact to execute under such designation In Its name and to affix its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise,bonds or obligations given or executed in the course of Its business,and any instruments amending or altering the same,and con- sents to the modification or alteration of any instruments referred to in said bonds or obligations, in Wiliness whersor,the field FEW1YLtlN URANCE COMPANY,rvu p!+nuant to No By-Laws eiuued these presents to be aligned by its A5s14tenl vice-president and Assistant Secretary and da corporate seal To be hereto affixed this Il day of �l�h y 10 Z3 4 Corporate Seal RAN * 0 JE FEDERAL IN:fMCIE core NY By McClellan Ric d D.O'Connor Ank"M Vloe•Prealdm ll A liar Secretary 9TATR OF NEW JERSEY Ss. County of Somerset On this 2 9 t}t day of Play 19 R 4,before me personally came Richard D.O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL ill SURANCE COMPANY,the corporation described in and which executed the foregoing Power of Attorney,and the said Richard D.O'Connor being by me duly sworn,did depose and say that he la AsatstAnl Sevelary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Power of Attorney is such corporate seat and was thereto affixed by authority of the ByLaws of said Company.and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;and that he Is acquainted with George McClellan and knows him to be the Assistant v,ce•Prssldenl of said Company,and that the signature of said George McClellan subscribed to said Power of Attorney is In the genuine handwriting of said George McClellan and was thereto subscribed by audwmw of said Ely-Laws and in deponent's presence Notarial Seal \G� LEO 9 Acknowledged and Sworn to before ma Q NOTARY �O on the stet°above wri on ° PUBLIC • ' W J Po`l, CERTIFICATION ALICE LEONARD Notary Public NOTARY PUBLIC OF NEW JERSEY STATE OF NEW JERSEY Be County of Somerset My. Commission Expires June 20, 1969 t,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby sonny that the following Is a true excerpt from the By-Laws of the said Company as adapted by its Board of Directors on March 1 t,1453 and most recently amended March 11,1983 and that this By-Law Is in full force and affect. "ARTICLE XVIII. Section 2.All bonds,undertakings,contracts and other instruments other than as Above for and on behaff of the Company which it is authorized by law or its charter to execute,may and shall be executed In the name and on behalf of the Company either by the Chairman or the Vice-chairman or the President or a Vice-Preoklent,jointty wtth the Secretary or an Assistant Secretary,under their respeclive fNaignatkina,except that any one or more officers or atlorneys•in•lact designated In any resolution of the Board of Dlrectore or the Executive Committee. or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney Section 3.AN powers of shomey for and on behalf of the Company may and shag be executed In rte name and on behalf of the Company,either by the Chaiman or the V1oaChalrtnan or the President or a Vice-Pirniftnt or on Assistant VImPresideni.joinify with the SecrelM or an Assistant Secretary,under their respective designations.The signature of such officers maybeengraved,printed or lithographed." I further candy that sad FEDERAL INSURANCE COMPANY Is duly licensed to transact fidelity and aunty business in each of the Slates of the United States of America,District of Columbia,Puerto Rico.and each of the Provinces of Canada with the exception of Prince Edward Island;and is also duly licensed to become ask surety on bonds,undertakings,etc.,permitted or required by law. I,the undersigned Assistant Secretary of FEDERAL*WURANCE COMPANY,do hereby cenity,that the foregoing Power of Attorney to In full force and exact. Gwen under my hand and the seal of said Company at Warren,N.J,thia 8th day of September 19 86 Corporals Seal �PAN� a. \�5,.. M� ''10 A"kWnaaaetwy :rlrE f t •�, f{a �FWJEt`S� 1ftjF0 Form21.10-0340(Ed.74113)CONSENT u A �w . s ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF Missouri ss.: COUNTY OFSt. Louis } On this nth day of September 19 8 6 ,before me personally came Naomi F. Kidd who, being by me duly sworn, did depose and say that he is an Attorney-in-Fact of the FEDERAL INSURANCE COMPANY, and knows the corporate seal thereof;that the seal affixed to said annexed Instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company,of which a Certified Copy is hereto attached,and that he signed said In- strument as an Attorney-in-Fact of said Company by like authority. Acknowledged and Sworned to before me on the date above written My Commission Expires q 220 j (Notary Public) I•N�O Form 21.10.10.7(Ray.5,41) „�