Loading...
HomeMy Public PortalAboutORD10808 BILL NO. 86-205 SPONSORED BY COUNCILMAN HAAKE ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT WITH COLUMBIA CURB & GUTTER, INC. , FOR THE MISSOURI BOULEVARD/DUNKLIN STREET IMPROVEMENTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Suction 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Columbia Curb & Gutter, Inc. , for the Missouri Boulevard/Dunklin Street improvements for a sum not to exceed $326,880.25. 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. Afth Passed ;r1..� /r 7 Approved Pr iding Offinfer '34yor ATTEST: City Clerk A . CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this day of 19 , by and between CQ ,,nhL1 CUrh & ln_c. hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." WVIVESSETH: 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: Myuri Boulevard/Dunlclin Street Im=nrQv NOW, 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 docLumnts and any applicable City ordinances and state and federal laws, within Forty-Five (45) (XUyaYXW working) days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within 10 days after the date of this contract. 2. Prevailing Wa es. All labor utilized in-the-construction of the aforementioned improvements shall bA paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character inn this locality, as established by the 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 Special Wage Determination No. 7-026-093 Xmdxog6 glb mNmxxxXXXXXXXXXXXXXXXXXXXXXXnX in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the na.•mcs and occupations of all workmen employed in connec - t1on 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 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 mm expense during the life of this contract: e (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. (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, except for those claims governed by the provisions of the Missouri workmen's compensation Div, "'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) M 'I IvIII � r 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 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. 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 $500 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 daiiiages 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 t-he 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. 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 and are necessary for completion of the work. The foregoing AML provisions are in addition to, and not in limitation of, the MW 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 their 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 work1to 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. Pam. 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 March 31 , 19 87 , 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. 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 Am 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. Al]. 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 41.05 I70 Drive Southeast-Columbia MO 65201 The date of delivery of any notice shall be the second full 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 I-MREOF, the parties have hereunto set their hands and seals this 1­4 day of�� 19�'J CITY OF JEFFERSON, MISSOURI MAYOR . ATTEST: y CITY CLERK CONTRACTOR By Title: uieE- ass%o/e�r ATTEST: SEC ISM! 155UE DATE(MM/DD/YY) 4/17/87 PRODUCER THIS CERTIFICATE: IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, OLLINS-VANDIVER-•DIGGES , INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 0. Box 7407 olumbia, MO 65205 COMPANIES A�FORAFFORDING fAFFORDING CCOVERAGE COVERAGE C COMPANY LETTER NORTHERN INSURANCE CO. OF NEW YORK —^� — LETTER ANY 13 INSURED _ _MARYLAND CASUALTY COMPANY _ COLUMBIA CURB & GUTTER, INC. COMPANY' 4105 I-70 Drive S.E. LETTER Columbia, MO 65201 COMPANY ® LETIER COMPANY LETTER a c THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 INSIJRA14CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION III DATE OF INSURANCE POLICY NUMBER DATE(MM/GDr1'YI DATE(MnvoorvYl ALL LIMITS IN THOUSANDS GENERAL LIABILITY _ GENERAL AGGREGATE $ juo 9 A X COMMERCIAL GENERAL LIABILITY GL57858359 7-1-86 7-1-87 PRODUCTSCOMP/OPSAGGREGATE $ 50 9 CLANS MAGI OCCURRENCE PERSONAL 6 ADVERTISING INJURY $ OWI S d CONTRACTORS PROTECTIVE EACH OCCURRENCE $ j 0 0 FIRE DAMAGE(ANY ONE FIRE) 0, MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE LIABILITYY' ANY AUTO CA24787099 7-1-86 7-1-87 DS` s500 , r . ALL OWNED AUTOS BODILY 7 a A �N.!URY SCHEDULED AUTOS :PER PERSON) $ HIRED AUTOS BODILY s NON-OWNED AUTOS CCi0ENT1 $ r i' GARAGE LIABILITY 'S t PROPERTY DAMAGE $ EXCESS LIABILITY — �!. x r B +F11[ 9�a;�%t. _ EACH AGGREGATE UB48476959 7-1-8G 7-1-87 tF-, J' OCCURRENCE t�I4t�ti�`.F: $ OTHER THAN UMBRELLA FORM ,�.$►}4 +; 2 ,000 , 2 ,0001 —.- _ STATUTORY B WORKERS'COMPENSATION TC721981626 7-1-86 7-1-87 ;.. .(E AND $ , (EACH ACCIDENT) EMPLOYERS'LIABILITY $ i (DISEASE POLICY LIMIT) $ , (OISEASE•EACH EMPLOYEE) OTHER B Equipment Floater CNIO8699901 7-1-86 7-1-87 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS I SPECIAL ITEMS e e 7FAILURE C i o f Je ff ers On OF THE ABOVE DESCRIBED POLICIE S BE CANCELLED BEFORE THE EX•y ATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 620 E. McCarty AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Jefferson City, MO 65101 ILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. RESENT TIVE IF I 111 1110 111 11 1;111 PART Q. This Dee amtions page d-nd Coverage Part(s), OWNERV AND CONTRACTORS' INSTALLMENTS PAYABLE AS FOLLOWS with 'POLICY t'ROVISIONS—PART A", aTld FRATRCTIV11-01CLARATIONS EIIIDATE„—W MO. DAY YR. MO. DAY YR. MO. DAY YR. andorsaments, If any, Issued to form a part Ifl9reof, c6ilinpletes the below, numbered ISSUED BY COMPANY INDICAUD BY I@NLOW C/A OWN;RS',AND COMTRACTONS'PA07SC• --- TIVE LLABU,IYY UIOUCY. Audit Periad,Annual,unless oche+wise stated. LC 0,380588231E] NEW Ej RENEWAL OF Itam 1.Named lasured and Address (No.,Stree!,Town or City,County,Stafe and ZIP Code), City of City, MMYLAND Jefferson City, Mo. 65101 effCASUAQ ANOITSSUOSIDIARICS.BALTIMORE Wrin 2.Policy Period: AN AMERICAN GENERALCOI,APANY MARYLAND CASUALTY CO. Frain 7 To Ballimon,Maryland 21203 A Stock Company 12:01 A.M.,standard lime of the oddress of tho nuawd Insured as stated he, NORTHERN INSURANCE CO.el o Y. N.w York,Now York 10039 A Stock Comrwny AGENT: -. i ,� The Reefed insured is f� /y�[ r[✓✓✓J]],�� l' Mi. PARTNER CORPORA• JOINT OTMA, Il 1,IniCl i lJ 00�65�2 St, Ui, 0 VDUAt ❑SM•0 "TION ❑VENTURE 1r1W 1 pal•lIy BRANCH OFFICE RUS"SSOrwsUREM Item 3.The insurance offor&.d is only with respact to such of the following Coverages as are indicated by specific premium charge(s). The limit of Mo Company's liability against each such Coverage !half be as stated It rain, subject to all the terms of the policy h ving reference thereto. COVERAGES LIMITS OF LIABILITY ADVANCE PREMIUM EACFIOCCURRENCE AGGREGE BODILY INJURY LIABILITY S1OO 3137.00 PROPERTY DAMAGE LIABILITY $800,om $ FORM NUMBERS OF AND PREMIUM FOR ENDORSEMENTS ATTACHED TO POLICY AT ISSUE, GIM2 (03 81) , IL092$(5—$6) , GL0032(4-84), IL001$(10-84) SCHEDULE DESCRIPTION OF HAZARDS SUB. BODILY INJURY PROP.DAMAGE ADVANCE PREMIUM NUMBER TERR. LINE PREMIUM CODE CODE BASES Limit RATE Limit RATE BODILY PROPERTY Code Code INJURY DAMAGE Construction Operations - Owner (not railroads) excluding Operatio Boat. Ship. $326,880.2 ,R .042 e .021 $137.00 $ 69.00 t ' ►oR t'f::� y j pOei� y N e 0 @ wa Designation of Contractor and Mailing Address: Columbia Curb and Gutter CMI,NIMUM RMIUS S�� P D (ADVANCE $ Y`Y2O6.\JO 4105 I-70 Dr. S/E, Columbia, NO. 65201 Localkz'of Covered Operations: Stre(.'I r4ork — Nb. Blvd. & ® Check here if the following provision is applicable: Dunklin St. , Jefferson City, MO. The person or organization designated above as the Con- tractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums, if any, which may become payable under the terms of this policy. y � A Pr,nl.d Countersigned By 0323 ED.6.00 In AUTHORIZ ASIG A TURE u.S.A. PREMIUM BASES---Sae reverse side for Description of Terms Used as Premium Bases. 1 OL 00 25 ( e (Ed. 03 81) This endorsement forms a part of the policy to which attached, effective on the Inception date of the policy unless otherwise stated herein, (The fallowing Information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by (Authorized Representative) This endorsement modifies such Insurance as Is afforded by the provisions of the policy relating to the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE AMENDATORY ENDORSEMENT Exclusion(h) Is amended as follows: S(h)to bodily Injury or property damage arising out of the ownership,maintenance,operation,use,loading or unloading of any mobile equipment being used In any prearranged or organized racing, speed or demolition contest or In any stunting activity or In practice or preparation for any such contest or activity; GL 00 25 03 81 i GENERAL LIABILITY —POLICY A 1 s CaRAWOM U� AND ITS SUBSIDIARIES a BALTIMORE AN AMERICAN GENERAL COMPANY POLICY PROVISIONS • PART A THE COMPANY DESIGNATED ON THE DECLARATIONS PAGE IA clock Inauranco company, herein called the company) In consideration of the payment of the premium,in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy,agrees with the named Insured as follows: SUPPLEMENTARY PAYMENTS The company will pay,in addition to the applicable limit o(liability: liability of this policy,and the cost of bail bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy (a) all expenses incurred by the company,all costs taxed against the insured in any suit applies,not to exceed$250 per bail bond, but the company shall have no obligation defended by the company and all interest on the entire amount of any judgment therein to apply for or furnish any such bonds; which accrues after entry of the judggment and before the company has paid or tendered (c) expenses incurred by the insured for first aid to others at the time of an accident,for or deposited in court that part of the judgment which does not exceed the limit of the bodily injury to which this policy applies; company's liability thereon; (d) reasonable expenses incurred by the insured at the company's request in assisting the (b)premiums on appeal bonds required in any such suit,premiums on bonds to release company in the investigation or defense of any claim or suit, including actual loss of attachments in any such suit for an amount not in excess of the applicable limit of earnings not to exceed$25 per day. DEFINITIONS When used inthis policy(including endorsements forming a part hereof): The completed operations hazard does not include bodily injury or property damage arising "automobile"means a land motor vehicle,trailer or semitrailer designed for travel on out of public roads(including any machinery or apparatus attached thereto),but does not include (a) operations in connection with the transportation of property,unless the bodily injury mobile equipment; or property damage arises out of a condition in or on a vehicle created by the loading "bodily injury"means bodily injury,sickness or disease sustained by any person which or unloading thereof, occurs during the policy period,including death at any time resulting therefrom; (b)the existence of tools, uninstalled equipment or abandoned or unused materials, or "collapse hazard"includes"structural property damage"as defined herein and prop arty damage to any other properly at any time resulting therefrom. "Structural property (c) operations for which the classification stated in the policy or in the company's manual damage" means the collapse of or structural injury to any building or structure due to specifies "including completed operations"; (1) grading of land, excavating, borrowing, filling, back-tilling, tunnelling, pile driving, "elevator"means any hoisting or lowering device to connect floors or landings,whether cofferdam work or caisson work or(2)moving,shoring,underpinning,raising or demolition or not in service,and all appliances thereof including any car, platform, shaft, hoistwayy of any building or structure or removal or rebuilding of any structural support thereof. stairway, runway, power equipment and machinery; but does not include an aulomob17e The collapse hazard does not include property damage(1)arising out of operations per servicing hoist,era hoist without a platform outside a building if without mechanical power forined for the named insured by independent contractors,or(2)included within the com- or if not attached to building walls,ora hod or material hoist used in alteration,construction pleted operations hazard or the under`round property damage hazard,or(3)for which liability or demolition operations,or an inclined conveyor used exclusively for carrying property is assumed by the insured under an incidental contract; or a dumbwaiter used exclusively for carrying property and having a compartment height "completed operations hazard"includes bodily injury and property damage arising but of not exceeding four feet; operations or reliance upon a representation or warranty made at any time with respect thereto,but only if the bodily injury or property damage occurs after such operations have "explosion hazard"includes property damage arising out of blasting or explosion. been completed or abandoned and occurs away from premises owned by or rented to the The explosion hazard does not include property damage(1)arising out of the explosion of named Insured."Operations"include materials,parts or equipment furnished in connection air or steam vessels piping under pressure,prime movers,machinery or power transmit- therewith. Operations shall be deemed completed. al the earliest of the following times: ting equipment,or(1)arising out of operations performed for the named insured by inde- pendent contractors,or(3)included within the completed operations hazard or the under- (1) Y ground property damage hazard,or(4)for which liability is assumed by the insured under contract have been completed, an incidental contract; (1)when all operations to be performed by or on behalf of the named insured at the site of "incidental contract"means any written(1)lease of premises,(2)easement agreement, the operations have been completed, or except in connection with construction or demolition operations on or adjacent to a rail- (3)when the portion of the work out of which the injury or damage arises has been put road,(3)undertaking to indemnity a municipality required by municipal ordinance,except to its intended use by any person or organization other than another contractor or in connection with work for the municipality,(4)sidetrack agreement,or(5)elevallor main-is subcontractor engaged in performing operations for a principal as a part of the same tenance agreement; project. "insured"means any person or organization qualifying as an insured in the"Persons Operations which may require further service or maintenance work, or correction, Insured"provision of the applicable insurance coverage.The insurance afforded applies repair or replacement because of any defect or deficiency,but which are otherwise complete, separately to each Insured against whom claim is made or suit is brought, except with shall be deemed completed. respect to the limits of the company's liability; �p,"tf0 3316 Ed. 1.1.73 Page 1 r "mobile equipment"means a land vehicle(including any machinery or apparatus at- not occur in the course of travel or transportation to or from any other country,state or tached thereto),whether or not self-propelled,(1)not subject to motor vehicle registration, nation,or or(2)maintained for use exclusively on premises owned by or rented to the named insured, (3) anywhere in the world with respect to damages because of bodily injury or property including the ways immediately adjoining, or(3)designed for use principally off public damage arising out of a product which was sold for use or consumption within the terry roads,or(4)designed or maintained for the sole purpose of affording mobility to equipment tory described in paragraph(1 )above,provided the original suit for such damages is of the following types forming an integral part of or permanently attached to such vehicle; brought within such territory; power cranes,shovels,loaders,diggers and drills;concrete mixers(other than the mix-in- transit type);graders,scrapers,rollers and other road construction or repair equipment;air- "product hazard"includes bodily injury and property damage arising out of the named compressors, pumps and generators, including spraying,welding and building cleaning insured's products or reliance upon a representation or warranty made at any time with equipment;and geophysical exploration and well servicing equipment. respect thereto,but only if the bodily injury or Property damage occurs away from premises "aemed insured"means the arson or organization named in Item 1,of the declare• owned by or rented to the named insured and after physical possession of such products P g has been relinquished to others; tions of this policy; "property damage"means(1) physical injury to or destruction of tangible property "named insured's products"means goods or products manufactured,sold,handled or which occurs during the policy period,including the loss of use thereof at any time resulting distributed by the named insured or by others trading under his name,including any can- therefrom,or(2)loss of use of tangible property which has not been physically injured or tainer thereof(other than a vehicle),but"named insured's products"shall not include a destroyed provided such joss of use is caused by an occurrence during the policy period; vending machine or any property other than such container,rented to or located for use of " others but not sold; underground property damage hazard"includes underground property damage as de- fined herein and property damage to any other property at any time resulting thereir "occurrence"means an accident,including continuous or repeated exposure to condi- "Underground property damage"means property damage to wires,conduits,pipes,m tions.which results in bndilyinjury or prop9rtydamage neither expected nor intended from sewers,tanks,tunnels,any similar property,and any apparatus in connection there the standpoint of the insured; beneath the surface of the ground or water,caused by and occurring during the use of mechanical equipment for the purpose of grading land,paving,excavating,drilling,borrow• "pslircy territory"moans: ing,filling,back-filling or pile driving.Thu underground propsrljr damage hazard does not inr.:Ae property damage(I)arising out of operations performed for the named insured by (1)the United States of America,its territories or possessions,or Canada,or i ident contractors,or(2)included within the completed operations hazard,or(s)f or (2)international waters or air space,provided the bodily injury or property,damage does 1, -1,liability is assumed by the insured under an incidental contract. CONDITIONS 1. Premium All premiums for this policy shall be computed in accordance with the damage liability shall comply with the provisions of such jaw to the extent of the coverage company's rules, rates, rating plans, premiums and minimum premiums applicable to and limits of liability required by such jaw The insured agrees to reimburse the company the insurance afforded herein.. for any payment made by the company which it would not have been obligated to make Premium designated in this policy as"advance premium"is a deposit premium only under the terms of this policy except for the agreement contained in this paragraph. which shall he credited to the amount of the earned premium due at the end of the policy 4. Insured'sDutissintheEvent of0ccurrence,Claim or Suit period. eriod)designatedeinf thecdeclarations as the and audit terminating earnedepremiufm shalllibe (a) In the event of an occurrence,written notice containing particulars sufficient to computed for such period and, upon notice thereof to the named insured, shall become identify the insured and also reasonably obtainable information with respect to due and payable. If the total earned premium for the polio/period is less than the pre- the time, place and circumstances thereof, and the names and addresses of muim previously paid,the company shall return to the named insured the unearned portion the injured and of available witnesses,shall be given by or for the insured to the paid by the nauaed insured. company or any of its authorized agents as soon as practicable. The named insured shall maintain records of such information as is necessary for (b) If claim is made or suit is brought against the insured,the insured shall imme- premium computation,and shall send copies of such records to the company at the end diately forward to the company every demand,notice,summons or other process of the policy period and at such times durng the policy period as the company may direct. received by him or his representative. (c) The insured shall cooperate with the company and,upon the company's request, 2. Inspection land Audit The company shall be permitted but not obligated to inspect assist in making settlements,in the conduct of suits and in enforcing any right the named insured's property and operations at any time.Neither the company's right to of contribution or indemnity against any person or organization who may be make inspections not the making thereof not any report thereon shall constitute an under- liable to the insured because of injury or damage with respect to which insurance taking,on behalf of or for the benefit of the named insured or others,to determine or war- is afforded under this policy;and the insured shall attend hearings and trials and rant that such property or operations are safe or healthful,or are in compliance with any assist in securing and giving evidence and obtaining the attendance of witnesses. law,rule or regulation. The insured shall not, except at his own cost, voluntarily make any paygent, The company may examine and audit the named insured's books and records at any assume any obligation or incur any expense other than for first aid to others at time during the policy period and extensions thereof and within three years after the final the time of accident. termination of this policy,as far as they relate to the subject matter of this insurance. 5. Action Against Company No action shall lie against the company unless,as a condi• tion precedent thereto,there shall have been full compliance with at l of the terms of this 3, Financial Responsibility laws When this policy is certified as proof of financial re- ppolicy,nor until the amount of the Insured's obligation to pay shall have been finally de• sponsibility for the future under the provisions of any motor vehicle financial responsibility termined either by judgment against the insured after actual trial or by written agreemeaL law,such insurance as is afforded by this policy for bodily injury liability or for property of the insured,the claimant aril the company Page 2 ONE= sm I= " ,. JAtlach Declarations Page, Coverage Farts, Schedules And Endorsements, It Any,Here) Any person or organization or the legal representative thereof who has secured such 8. Changes Notice to any agent or knowledge possessed by any agent or by any other tudgmenl or written agreement shall thereafter be entitled to recover under this policy la pparson shalt not effect a waiver or a change in any part of this policy or estop the company he extent of the insurance afforded by this policy No person or organization shall have horn asserting any fight under the terms of this policy, nor shall the terms of this policy any tight under this policy to loin the company as a party to any action against the insured be waived or changed,except by endorsement issued to form a part of this policy,signed t rmine the insured's liability, nor shall the companyY be impleaded by the Insured by a duty authorized representative of the company o egal representative Bankruptcy or insolvency of the Insured or of the Insured's es shall not relieve the company of any of GIs oblrgatrons hereunder 9. Assignment Assignment of interest under this polio shall not bind the company until its consent is endorsed hereon il,however,the named Insured shall die,such insurance 6, Other Insurance The insurance afforded by this policy is primary insurance, except as is afforded by this policy shad apply(1)to the named insured's legal representative,as when stated to apply in excess of or contingent upon the absence of other insurance When the named insured,bul only white acting within the scope of his duties as such,and(1)with this insurance is primary and the insured has other insurance which is stated to be applicable respecllothepropertyolthe named insured,to the person having proper temporary custody to the loss on an excess or contingent basis,the amount of the company's liability under thereof,as Insured,but only until the appointment and qualification of the legal repre- this policy shall not be reduced by the existence of such other insurance sentative When both this insurance and other insi : tpply to the loss on the same basis, 10.Three Year Policy If this policy is issued for a period of three years any limit of the whether primary.excess or contingent,the car, ;ariy shall not be liable under this policy company's liability slated in this policy as "aggregate' shall apply separately to each for a greater proportion of the loss than that stated in the applicable contribution provision consecutive annual period thereof. below: 11.Cancellation This policy maybe cancelled by the named insured by surrender thereof (a) Contribution by Equal Shares. If all of such other valid and collectible insurance to the companyy or any of its authorized agents or by mai 'in gto the company written notice provides for contribution by equal shares,the company shall not be liable for a slating when thereafter the cancellation shall be effective.This policy may be cancelled greater proll ortion of such loss than would be payable d each insurer contributes by the company by mailing to the named insuredat the address shown in this policy,written an equal share until the share of each insurer equals the lowest applicable limit notice stating when not less than Ian days thereafter such cancellation shall be effective. of liability um.ler any one policy or the full amount of the loss is paid,and with The mailing of notice as aforesaid shall be sufficient proof of notice.The time of surrender respect to anp amount of loss not so paid the remaining insurers then continue to or the effective date and hour of cancellation stated in the notice shall become the end of contribute equal shares of the remaining amount of the loss until each such in• the policy period. Delivery of such written notice either by the named insured or by the surer has paid it::!imit in full or the lull amount of the loss is paid, company shall be equivalent to mailing. (b) Contribution by limits. If any of such other insurance does not provide for con- If the named insured cancels,earned premium shall be computed in accordance with tribution by equal shares, the company shall not be liable for a greater propor• the customary short rate table and procedure.II the company cancels,earned premium tion of such loss than the applicable limit of liability under this policy for such shall be computed pro rata.Premium adjustment may be made either at the time cancella• loss bears to the total applicable limit of liability of all valid and collectible in- tion is effected or as soon as practicable after cancellation becomes effective,but payment surance against such loss. or lender of unearned premium is not a condition of cancellation. T. Subrogation In the event of any payment under this policy, the company shall be 12.Declarations By acceptance of this policy,the named insured agrees that the state- subrogated to all the insured's rights of recovery therefor against any person or organization ments in the declarations are his agreements and representations,that this policy is issued and the insured shall execute and deliver instruments and papers and do whatever else in reliance upon the truth of such representations and that this policy embodies all agree- is necessary to secure such rights. The insured shall do nothing after loss to prejudice ments existing between himself and the company or any of its agents relating to this in- such rights. surance. IN WITNESS WHEREOF,the company has caused this policy to be signed by its President and its Secretary tnd countersigned on the declarations page by a duly authorized representative of the company. Secretary President NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT(BROAD FORM)GL 21 19 (This ntodifles the provisions of the policy relating to ALL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE) I. The policy does not apply: II. As used in this exclusion: A. Under any Liability Coverage, to bodily injury or property damage. "hazardous properties"include radioactive,toxic or explosive properties; (1)vriih respect to which an ieisured under the policy io also ail insured under a nu- "nuclear material"means source tutorial,special nuclear material or byproduct ma,-clear energy liability policy issued by Nuclear Energy Liability Insurance Associa- terial; tion,Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Associa- tion "source materiel". "special nuclear material and "byproduct material"Have the lion upon exhausstion tion of f its limit of liability;or of Canada, be an insured under any such policy but for its terming meanings given them in the Atomic Energy Act of 1954 or in any law amendatory (2)resulting from the hazardous properties of nticlsor wworial and with respect to !Iterof; which(a)any person or organization is required to maintain financial protection 'spent fuel"means any fuel element or fuel component,solid or liquid,which has been pursuant to the Atomic Energy Act of 1954,or any law amendatory thereof,or used or exposed to radiation in a nuclear reactor; (b)the insured is,or had this policy not been issued would be,entitled to indem- "waste"means any waste material(a)containing by-product material other than the nity from the United States of America,or any agency thereof,under any agree- tailings or wastes produced by the extraction or concentration of uranium or thorium ment entered into by the United States of America,or any agency thereof,with from any ore processed primarily for its source material content,and(b)resulting from any person or organization. the operation by any person or organization of any nuclear facility included under the B. Under any Medical Payments Coverage, or under any Supplementary Payments first two paragraphs of the definition of nuclear facility. provision relating to first aid,to expenses incurred with respect to bodily injury re- "nuclear faciNty"means sulting from the hazardous propsriass of nuclear material and arising out of the op- (a►any nuclear reactor, aration of a nuclear facility by any person or organization. (b)any equipment or device designed or used for(1)separating the isotopes of C. Under any liability Coverage, to bodily injuryr or property damage rssulting from uranium or plutonium,(2)processing or utilizing spent fuel;or(3)handling, the hazardous properties of nuzlsor motoriai,if processing or packaging waste, (c)any equipment or device used for the processing,fabricating or alloying of (lithe ehalf of,nuclear insured material(a)(h)has been discharged dispersed therefrom; the or on special nuclear material if at any time the total amount of such material in p the custody of the insured at the premises where such equipment or device (2►the nuclear material is contained in spent fuel or wait,,at ant time possessed, is located consists of or contains more than 25 grants of plutonium or ura- handled,used,processed,stored,transported or disposed of by or on behalf of nium 233 or any combination thereof,or more than 250 grams of uranium an insured;or 235, (3)the bodily injury or pproperty damage arises out of the furnishing by an insured (d)any structure,basin,excavation,premises or place prepared or used for the of services,materials,parts or equipment in connection with the planning,con• storage or disposal of waste. struction,maintenance,operation or use of any nuclear facility,but if such tacit• and includes the site on which any of the foregoing is located,all operations conducted an ity is located within the United States of America,its territories or possesions or such site and all premises used for such operations; Canada,this exclusion(3)applies only to proporty damega to such nuclear fa- "nuclear reactor"means any apparatus designed or used to sustain nuclear fission in a cility and any property thereat. self-supporting chain reaction or to contain a critical mass of fissionable material; Page 3 "property dome#@"includes all forms of radioactive contamination of property. • STATE END0RSEMENTS OEtAWARE ENDORSEMENT IL 2120(Modifies provisions of Comprehensive General liability Insurance-Manufacturers'and Contractors'Liability Insurance;Owners',Landboms'anal Taunts'LlaWlRy Insurance;Comprehonslys Rersonal Insurance;Sterekse er's Insurance;Contractual Liability Insurance;Premises Medical Payments Insurance;Farmer's Medical PaqNtants Insurance.Farmer's Comprehensive Personal Insurance;F.erm Vmpleyers'Liability and Farm Employees'Medical Payments Insurance):It is agreed that the insurancia does not apply to bed( baluz r property damage arising out of the ownership,maintenance,oporation,use,loading or unloading of any motor vehicle owned or operated by or rented or los any Mi rred which is sub ec to registration under the Delaware motor vehicle registration law. KANSAS AND OXWOMA ENDORSEMENT GL 0100(Modifies the provisions of the policy relating to Medical Payments Insurance):It is agreed that the Subrogation Condition does not apply to any PAedicsl Payments Insurance provided by the policy. MASSACHUSETTS ENCORSEMFAT,GL 0100(Modiflas Action Against Company Condition and Is applicable to all Iiabili�y coverage afforded by the pollc ):It is agreed that the clause"nor shall the company be Inipleaded by the insured or his legal representative'in the Action Against Company Condition shall not apply to any right of implea�er under Rule 14 of the Massachu- setts Rules or Civil Procedure,365 Massachusetts 760(1974). WISSACHUSETTS COMPULSORY LIABILITY SECURITY ACT ENDORSEMENT GL 01 14(Modifies all general liability Insurance afforded by the ppolicy):It is agreed that the following addditional provisions opply to bodily Injury and proppearty damn¢¢e arising out of the ownership,maintenance,use,loadin g or unloading of any moblls equipment with respect to which insurance Is required of the named Insured under the Massachusetts Compulsory Liability Security Act.(Chapter 346,Acts of 1925): 1. Except to the extent provided in paragraph 2,below,the insurance afforded by this policy does not apply either on a primary or excess basis to bodily Injury or property dame with rasppee�ct to which any insurance(regardless of amount)is afforded under any liability coverage(compulsory or optional)of a Massachusetts Motor Vehicle Policy issued to the named Insured. 2. If the only liability insurance applicable with respect to such bodil Injury under such a Motor Vehicle Policy is under the compulsory coverage,the Bodily Injury Liability Covers of this policy shall apply in excess of such insurance,but only with respect to bodily Injury arising out of the operation or use of the mobile squ(pmont ot�er than solely for the purp03es of transportation or locomotion, MICHIGAN ENDORSEMENT OL 02 04(Modifies Cancellation Condition and is applicable to all general liability Insurance afforded by the policy):It is agreed that with respect le the"Can- cellation"provisions of the policy: 1. The words"at the address shown in this policy",appearing in the first paragraph of the"Cancellation"Condition,are amended to read"at his address last known to the com- pany or its authorized agent." 2. The provisions(i1 forming a part of the policy)of the endorsement entitled"Amendment of Termination Provisions(Michigan)"apply as stated therein. 3. The provisions,if any,forming a part of the policy which(by endorsement or otherwise)amend the"Cancellation"provisions of the policy other than as stated or designated in this endorsement are deleted. ■iCHIGAN ENDORSEMENT FC 0101(Modifies provisions of Farmer's Comprehensive Personal Insurance and Farm Employers'liability and Farm Employees'Medical Payments Insur- aece):It is agreed that the exclusion under the Liability Coverage relating to bodily injury to any farm employes or insured farm employee"if benefits for such,bodily injury are in whole or in Dart either payyable or required to be provided by the Insured under any workmen's compensation or occupational disease law"does not apply;(such benefits are limited to those medical and hospital benefits required to be provided for certain agricultural employees under Part 1,Section 2a(1)(e)of the Michigan Workmen's Compensation Act,but such benefits shall not be recov- erable under the policy. NEW NfiMPSHIRE AND WISCONSIN ENDORSEMENT FL 0103(Modifies provisions of Comprehensive Personal Insurance and Farmer's Comprehensive Personal Insurance):It is agreed that subdivision(2)of the exclusion relating to watercraft under the Personal Liability and Personal Medical Payments Coverage is deleted. NEW IIAiBPSHIRE AND VERMONT ENDORSEMENT GL 0115(Modifies provisions of Comprehensive General liability Insurance;Manufacturers'and Contractors'liability Insurance; ' mW Contractors'Protective Liability Insurance;Owners',landlords'and Tenants'liability Insurance;Promises Medical Payments Insurance;and Storekeeper's Insurance):It is that the exclusion relating to the operation or use of any snowmobile or trailer designed for use therewith applies oily if the bodily injury or property damage occurs away from premises owned by,rented to or controlled by the named Insured. NEW IIA UPSHIRE ENDORSEMENT FL 0102(Modifies provisions of Comprehensive Personal Insurance and Farmer's Comprehensive Personal Insurance):It is agreed that under Coverage L—Personal Liability and Coverage M—Personal Medical Payments,this policy covers motorized maintenance equipment pertaining to the service of the premises,if not subject to motor vehicle registration,which is designed for use principally off public roads.This coverage applies while the equipment is being used on or away from the premises. NEW YORK ENDORSEMENT GL 2126(Modifies provisions of Comprehensive General liability insurance;Manufacturers'and Contractors'Liability Insurance and Owners',Landlords'and Taunts'Liablll, Insurance):It is mined that the insurance does not apply to bodily injury to any volunteer fireman while engaged in any duty or activity described in subdivision 1 of Section 5 of the New York Volunteer Firemen s Benefit Law. NEW YORK ENDORSEMENT GL 0123(Codifies provisions of Manufacturars'and Contractors'liability Insurance which Boas not include coverage for Independent contractor operatbons): It is agreed that exclusion(q)does not apply to bodily injury and property damage arising out of operations of firemen of the fire department or fire company of any municipality,lira fighting district or incorporated fire company performed for the named insured in response to a call for assistance by the named insured,and general supervision of such operations y the named Insured. SOUTH CAROLINA ENOORSEMENT CS 0152(Modlfias provisions of Comprahansive General liability Insurance;Manufacturers'and Contractors'liabillri Insurance;Owners',Landlords' &W Taunts'Liability Insurance;Completed dperations and Products liability Insurance;Contractual Liability Insurance;Premises Medical f symcn s Insurance;and Garage Insur- aac0 It is agreed that that part of the alcoholic beverage exclusion which relates to the selling,serving or giving of any alcoholic beverage(a)to a person under the influence of alcohol or(b) which causes or contributes to the intoxication of any person,is deleted. TEXAS ENDORSEMENT OL 0103(Modifias Insured's Duties in the Event of Occurrence;Claim or Suit Condition):As respects bodily Injury liability coverage and property damage liability coverage,unless the company is prejudiced by the Insured's failure to comply with the requirement,any provision of this policy requiring the Insured to give notice of action,occurrence or loss,or requiring the Insunad to forward demands,notices,summons or other legal process,shall not bar liability under this policy. Page 4 Bond # 2083225 lNTECC, N INTEGiON INDEMNITY CORPORATION PERFORMANCE AND PAYMENT BOND Bond No. — 2083225 KNOW ALL MEN BY THESE PRESENTS: That we, Columbia Curb & Gutter, Inc. 4105 I-70 Dr. , S.E. , Columbia, MO 65201 hereinafter called Principal, and INTEGON INDEMNITY CORPORATION, a corporation organized and existing under the laws of the State of North Carolina,as Surety, hereinafter called Surety,are held and firmly bound unto_ City of Jefferson, Jefferson, MO _._ hereinafter called Obligee, in the amount of Thrpp Hundred Twenty-six 1housand Eight Hundred Eighty 1$ 326,880.25 ) Dollars, for the payment of which we jointly and severally bind ourselves, our heirs, executors, ad- ministrators, successors and assigns firmly by these presents. WHEREAS, the Principal has by written agreement dated April 6 , 19 87 , entered into'a contract with the Obligee for Mn Blvd 9 Dunkl in St - ganmetrir revisions On accordance with drawings and specifications prepared by Owner NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such, that if the Principal shall promptly and faithfully per- form said Contract, and shall pay, of ;;cruse to be paid in full, the claims of all persons performing labor upon, or furnishing materials to be used in,or furnishing appliances,equipment or power contributing to such work under said contract,then this obligation shall be null and void;otherwise to remain in full force and effect.The total amount of the surety's liability under this bond shall in no event exceed the penalty hereof. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract,the Obliges having fully per- formed Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall: (1) Complete the work under the Contract in accordance with the plans and specifications, or; (2) Obtain a bid or bids for submission to the Obligee for completing the work under the Contract in accordance with the plans and specifications and upon determination by Obligee and Surety of the lowest responsible bondable bidder arrange for a contract between such bidder with corporate surety and the Obligee, and then pay the Obligee the bid- der's price less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term"balance of the contract price"as used In this paragraph, shall mean the total amount payable by Obligee to Principal under the original Con- tract and any amendments thereto, less the amount properly paid by Obligee to Principal. Any suit by the Obligee must be brought within one(1)year from the date on which the final payment under the Contract falls due. This instrument may not be transferred or assigned without the written consent of surety. 38317 • 'The payment feature of this bond is conditioned upon the Obligee having fully performed the Obligee's obligations under the terms of the contract, plus the following conditions: (1) A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or delivered to jobsite for use in the performance of the contract, labor and material be- ing construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equip- ment directly applicable to the Contract. (2) The above named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. (3) No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant other than one having a direct contract with the Principal, shall have given written notice to any two of the following; the Principal, the Obligee, or Surety above named within ninety (90) days after such clai- mant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Obligee or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any man- ner in which legal process may be served in the State in which the aforesaid project is located save that such ser- vice need not be made by a public officer. (b) Beyond one (1) year from the furnishing of the last materials or the performance of the last labor. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in gord faith hereunder, inclusive of the payment by Surety of mechanics'liens which may be filed of record against such improve- ment, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this_ ?0th _day of ApH 1 A.D., 19--87— , in the presence of: R INC. _ By (Seal) Principal INTEGON INDEMNITY CORPO TION BY (Seal) Attor ey in Fact Lenora Cape Surety — � I INTEGON INDEMNITY CORPORATION Wlnston�Selnm, North Carolina III N? 1,34055 ' POWER OF 417ORNEY KNOW ALL MEN BY THESE PRESENTS:That Integon Indemnity Corporation,a Corporation In the State of North Carolina,having Its prin- cipal office in Winston-Salem, State of North Carolina, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 10th day of August, 1978 to wit: in "The President,or any Vice President,shall have authority,severally, to make,execute and deliver a power of attorney constituting as -n Attorney-in-Fact such persons,firms or corporations as such off icers may select from time to time,"does hereby make,constitute and 0 ,appoint: 0 rrnn C. B. CAPE, MARGARET B. WILSON, WILLIAM T. SOMMERS, H. E. NORTON or LENORA N. CAPE M z its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, "" r acknowledge and deliver in its behalf, and as Its act and deed, as follows: c D Specifically and only on bonds executed having Guarantee indemnification of the SMALL BUSINESS ADMINISTRATION in an z amount not exceeding ;637,10+00.00,as to any one project,for or on behalf of this Company, in its business and in accordance with its m charter, and to bind INTEGON INDEMNITY CORPORATION thereby, and all of the acts of said Attorney-in-Fact, pursuant to thew 0 presents, are hereby ratified and confirmed. 0 a 4 IN WITNESS WHEREOF, the Integon Indemnity Corporation has caused these presents to be signed by its President and/or Vice Presi- :Ti Z A dent, and its Corporate Seal to be affixed. ,,,, � .•�' dl�Tr INTEGON INDEMNITY CORPORATION v i �r 0 yr�ni EAL))F 0 �•••U..r••"''• � Henry C. Allan, ., President STATE OF NORTH CAROLINA �• COUNTY OF DAVIDSON •« On this 1st day of May, 1385,before me,a Notary Public of the State of North Carolina in and for the County of Davidson,came Henry C. Allen,Jr,of the INTEGON INDEMNITY CORPORATION,to be personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of said Company aforesaid,and that the Seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHERE, I have hereunto set my hand, and affixed my official Seal at Winston-Salem, North Carolina the day and year above written. A^bwr.wwv.�9 OFFICIAL SMAL 11*Wv Public.Hank csranna Notary Public cmft of gari4¢1W � � VIRGINIA H. BURKE NOTARY PUBLIC, State of North Carolina Commission Expires: July B, 19$9 CERTIFICATE I,the undersigned,Assistant Secretary of INTEGON INDEMNITY CORPORATION,a stock corporation of the State of North Carolina,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the said Comppan„ytat Winston-Salem, North Carolina,dated this 20th day of Apri l ... .. ®t W S EAL). Y••t Howard D. Hamrick, Assistant Secretary W.a This Power void unless Items 1,2, 3 below are completed AND if either the Bond penalty or Contract amount exceed $637,000.00. 1. Bond Et SBG No. 2083225 0700 01559 008 57 2. BOND EXECUTION DATE__ARri l 20, 1987 3. BOND PRINCIPAL Columbia Curb & Gutter, Inc. �f�