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HomeMy Public PortalAboutORD10683 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TWEHOUS EXCAVATING COMPANY, INC. , FOR FURNISHING THE SUPERVISION, LABOR, TOOLS, EQUIPMENT, MATERIALS AND "SUPPLIES AND FOR CONSTRUCTING A CITY PARKING LOT AT ASHLEY STREET AND MADISON STREET. 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 Twehous Excavating Company, Inc. , for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing a City Parking Lot at Ashley Street and Madison Street, for the sum of Thirty-five Thousand Nine Hundred Ninety-seven dollars and twenty-five cents ( $35,997 .25) . 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 date of its passage and approval. Passed y? G Approved _ t _ ZZ Pr iding Off i r /Mayor ATTEST: ..f .fit � •`'�� City Clerk CONSTRUCTION CONTRACT I CONTRACT, made and entered into this day of 19 by and between TWEHQU5 FxCAMMr,,_._:_ COMM, aNc. 01 hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Parking Lot, Ashley Street and Madison Street NCW, THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion.„ 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 twenty (20) (9SYMM, working) days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Transportatign ) within twenty (20) 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 Errployment 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 Special Wage Determination No. 6-026•-130 mc7xr iwL)M)N=XXXXXXXXXXXXXXXXXXXXXXXXX, in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record shaai.ng 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 performed under the terms of this contract. A copy of the record shall be delivered to the Director of Ttan-POrtaticn • 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: VAU NMI (a) Workmen's C2gpensation insurance for all of its Ah 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. (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. (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, AM 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) Scope 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 encountered 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) R E011 11 1 1 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 Contractot 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. r 5. Liquidated Damages. The Director of -Transportat!Zfi may, at his discretion, deduct $100 per day 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 remedies 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 foi• 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. 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 r. , and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation o£, the rights of the City under any other 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 or on account of any_ injuries or damages received or sustained by any person or persons, or theix property, by Contractor, its servants, agents or subcontractors, or arising out of the award of this contract to Contractor. 9. 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 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. Payment. 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 j.and in accordance with the rates and/or amounts stated in the ' bid . of Contractor dated JUNE 10 0 196 , which7 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. 12. Contract Documents. The contract documents shall consist of the following: 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 MW 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 The date of o - %3elivery of any-notice- shall be the secnd .day after the day of its mailing. ; 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes , of the State of Missouri. ` 16. IN TESTIMONY WHEREOF, the parties hav eunto set their hands and seals this _ day of , 19-G _ �7 CITY OF JEFFERSON, MISSOURI By MAYOR " ATTEST: CITY CLERK - CONTRACTOR Tithe: V1 - ATTEST: SECRETARY '. CERTIFICA'T'E OF INSURANCE Ask Issued at the request of The CITY OF J .F "EMN, MISSOURI Owner Address: CITY HALL, JEFFERSON CITY, MISSOURI THIS IS TO CERTIFY that the insured named below is at this date insured with as described in the following schedule, and in full caTpliance with the Contract Documents, including all contractual liability coverage. DESCRIP'T'IVE SCHMULE Name of Insured: Address of Insured. Locations Covered: ' Afth Description of Work: • Bond #0750-48-048202--C PIIMM ANC'.E AMID ONE YEAR GUARANTEE WIND Qp MY ALL MEN BE THESE PRF MTS, that we, the undersigned Twehous Excavating Company, Inc. hereinafter referred to as "Contractor" and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a Corporation organized under the laws of the State of Wisconsin and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the City of Jefferson, Missouri • hereinafter referred to as "Owner" in the penal Sum of Thirty Five Thousand Nine Hundred Ninety Seven and Twenty Five Cents DOLLARS ($ 35,997.25 ), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. THE OONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: Ah 101EAS, the above bounden Contractor has on the 8th day of July , 19 86 , entered into a written contract with the aforesaid Otimer for furnish- ing all materials, equipment, tools, superintendence, labor, and other facili- ties and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NO17 THEREFORE, if the said Contractor shall and will, in all particulars, well, '. duly and faithfully observe, perform and abide by each and every covenant, - condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this Obligation shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances; provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries and foodstuffs, and all insurance preniums, canpensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: .. F PMVMED F[UMMR, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of tune, alteration, or addition to the terms of the contract, or to the murk, or to the specifications: PROMED FURIHM, that if the said Contractor fails to pay the prevail- ing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and condi- tions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of (his/its) act or emission, in any amount not exceeding the amount of this obliga- tion together with interest as provided by law: 1NTESTMNY 1YfMFWF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at Columbia, Missouri on this the 17th day of July , 1986 EMPLOYERS INSURANCE OF WAUSAU �ompan Twehous Excavating Company, Inr� 61TREN 001N1PANY 00MMACrOR� lcsmw F8 By BY ) By �.P.'-pe,-� (SEAT,) Attorney-in-fact ( ate Representative) Bonnie S. Caruthers (Accompany this bond with Attorney-in-fact's authority from the Surety Compkny .certified to include the date of-the bond.) Any correspondence in relation to this bawd should be directed to: Surety Department Wausau insurance Companies 2000 We64wacd Drive TIi Uhik Wisconsin 54401 n No, 207-027- 00210 E "IMM IN&RANCE OF WNSAIJ A Mutual Company PO KNOW ATTORNEY ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,it corporation duly organized and existing under the laws of the State of Wisconsin,and having its principal office in the City of Wausau,County of Marathon,Stack of Wisconsin,bait made,constituted and appointed,and does by these presents make,constitute and appoint _ Bonnie S. Caruthers its true and lawful attorneyin•fnet,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THE REoF . NOT TO EXCEED THE PENAL SUM OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500 Q ( e corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with W pc the corporate seal of the corporation and duly attested by its secretary hereby ratifying and ronfirming all that the said Z attorney-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a cc meeting duly called and held on the 18th clay of May, 1973,which resolution is still in effect: n "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF tl WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying Q the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, O and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach Z thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' U) "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU O A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and p any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect Z to any bond, undertaking or contract of suretyship to which it is attached:' W IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to'be W signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1st —day 0 of November 19_.81. ZU) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company _ L By _ ,,e�p ;:LL R.D.Farnswort Vice President `� 7 Attest tr D.J.Borrell Assistant Secretary Q STATE OF WISCONS ) LL )ss. O COUNTY OF MARATHON ) Cr On this 1st day of November 19 81 ,before me personally came 'S R.D.Farnsworth to me known,who being by me duly sworn,did depose a and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation 0 described in and which executed the above instrument;that he knows the seal ofsaid corporation;that the seal affixed to said J instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Q IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above H written. O Z Donna Lutzow Notary Public NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION IS PERMANENT STATE OF WISCONSIN ) CERTIFICATE CITY OF WAUSAU COUNTY OF MARATHON ) I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,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 still in force. Signed and sealed in the City of Wausau,Marathon County State of Wisconsin,this L?tb day •4, /c6i/Opr/ SEA D.J.Sorrell Assistant Secretory NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THI? VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALLTOLL FREE(800)826-1661.(iN WISCONSIN,CALL(800)472.0041), Bond /10750-48-048202-C PERFnMMT-E AND ONE YEAR GUARANTEE BOND KNOW ALL 101 BE THESE PRESENTS, that we, the undersigned '.rwe}hous Excavatir;g Company, Inc. hereinafter referred to as "Contractor" and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a Corporation organized under the laws of the State of Wisconsin and authorized to transact business in the State of Missouri , as Surety, are held and firmly bound unto the City of Jefferson, Missouri hereinafter referred to as "Owner" in the penal sum Of Thirty Five Thousand Nine Hundred Ninety Seven avid Twenty Five Cents- DOLLARS ($ 35,997.25 ), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: 11MEAS, the above bounden Contractor has on the 8th day of July , 19 86 entered into a written contract with the aforesaid Owner for furnish- ing all materials, equipment, tools, superintendence, labor, and other facili- ties and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NO1Y THEREFORE, if the said Contractor shall and will, in all particulars, well, j duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this Obligation shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances; provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries and foodstuffs, and all insurance premiums, ccmpensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contrasted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: PROVIDED FEMHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accanpanying the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the tenkm of the contract, or to the work, or to the specifications: PROVIDED F MTHER, that if the said Contractor fails to pay the prevail- , ing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and condi- tions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of (his/its) act or emission, in any amount not exceeding the amount of this obliga- tion together with interest as provided by law: IN=IMONY `MEREOF, the said Contractor has hereunto set his hand, and ` the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at Columbia, Missouri on this the 17th day of July , 19 86 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Twehous Excavating Company, Inc. - SURETY ODAIPANY ODNT RAGrIiOR By . (SEAL) B (SEAL) .Attorney-in-fact (Mate Representative) Bonnie S. Caruthers .�� ,��, (Accompany this bond with Attorney-in-fact's authority fran the Surety Company certified to include the date of the bond.) J Any correspondence in nNatian Should be directed to; to this bond Surety Dapartmant *Vausau insurance Companius 2000 Westwood DrI ►ONauyaib Wlsconain-b4401 No. 207-027- ' 0 0 2 17 'IO(M INWRANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALI,MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau,County of Marathon,State of Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint Bonnie S. Caruthers its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF . NOT TO EXCEED THE PENAL SUM OF TWO MILLION Z FIVE HUNDRED THOUSAND DOLLARS ($2,500 0 e corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with W the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said Z attorneyin-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a cc meeting duly called and held on the 18th day of May,1973,which resolution is still in effect: n "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF [1- WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying Q the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, O and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach Z thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." W "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU O A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and p any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect Z to any bond, undertaking or contract of suretyship to which it is attached." W IN WITNESS WHEREOF,EMPLOYERS INSURANCE,OF WAUSAU A Mutual Company has caused these presents to be Hsigned by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1st --day 0 of November , 19 81 Z ,'"' EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ?�o.roart �..._ `•;SEAL r LL By R.D.Farnswort Vice President ZAttest: O 0 iD J.Borreli Assistant Secretary Q STATE OF WISCONS ) U_ )ss. O COUNTY OF MARATHON ) W On this 1�t day of November 19 81 ,before me personally came 0 R.D.Farnsworth _ to me known,who being by me duly sworn,did depose p and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation 0 described in and which executed the above instrument;that he knows the seal ofsaid corporation;that the seal affixed to said J instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he Q signed his name thereto by like order. Q IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year herein first above H written. O Z U Donna Lutzow Notary Public NOTARY PUBLIC STATE OF WISCONSIN I=- MY COMMISSION IS PERMANENT STATE OF WISCONSIN ) CERTIFICATE CITY OF WAUSAU )ss. COUNTY OF MARATHON ) I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE.MARGIN THEREOF IN RED INK,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 still in force. Signed and sealed in the City of Wausau,MarathonCounty State of Wisconsin,this 17th —� _ day Of July , 19._$.b. CD.J.Borrelf Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOLL FREE(800)826-1661.(iN WISCONSIN,CALL(800)472.0041).