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HomeMy Public PortalAboutORD10848 BILL NO. 87-32 WO SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. /U AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH USX CORPORATION - CYCLONE FENCE FOR THE 1987 GUARDRAIL INSTALLATION PROJECT. BE IT ENACTED BY THE 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 USX Corporation - Cyclone Fence for the 1987 Guardrail Installation Project for a sum not to exceed $56,272.25. 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 5-', /�j d"7 _ Approved 2 _ , e _GL's Presidi Officer Mayor ATTEST: City Cleric CITY OF JEFFERSON CONSTRUCTION CONTRACT S CONTRACT made and entered into this day of 19_1�?_, by and betwean USX Cornorati2tL- clone_a en�P # hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." WITNF-SSE111: 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 iirproveiTents: 1987 Guard Rail Installation Project NGW, Tli1:RE�-ORE, the parties to this contract agree to the following: 1. Manner and time for Connlction. 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(30) working) days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten- (10)_ . days after the date of this contract. 1. 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 a similar character iii this locality, as established by the Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal. Ermployi)ent Standards of the Department of Labor. Contractor acknowledges that Contractor kno:is the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Special Wlage Determination No. 7-026-105 XG;tNl-qxr.tit-Ll<i Z"dt4xN tSXXXXXXXXXXXXXXXXXXXXXXXXXXYIX in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an ac-.curate record showing the names and occupations of all wor3Qnen employed in connee - tion' With o • the work to be perforn-rA under the terms of this contract. The record shall shaa the actual uages paid to the workman in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Di.rer_tor of Public Works each week. In accordance with Section '*290.250 RS!-o, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workiran employed, for each calendar day or -portion thereof that the wor}aivn 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 am expense during the life of this contract: r (a) Workmen's Corp! nsati:on Insurance for all of its , errgiloyees to be engaged in work under this contract. (b) Contractor's Public Liability Tnsurance in an amount r,ot less than $800,0 r 0 fo all r_laims arising out of a single occurrence and $100,000 for any one person in a single acc1J-_nt or occurrence, except for those claims governed by the provisions of the Missouri workmen's caTl>ensation law, Chapter 287, PSI-1o., and Contractor's Property Damage Insurance in an a:rount not less than $800,000 for all cla.uns arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Aut:o:nobile 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 - 17he Contractor shall also obtain at its a.%n a>:pense and deliver to the City an Daner's Protective Liability Tnsurance Policy naming the City of Jefferson as the insured, in an amount not less than $800,000 for all cl.ai,ns 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 t•:orkmen's coVensatiorT law, Chapter 287, 12SA;o. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts. Tn 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) Sco-e 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 e7ployed by it, and also against any special hazards which may be encountered in the performance o£ this contract. IrWE: Paragraph (f) is construed to require the procurrtrr_,nt of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has erployces working on the project, unless the general public liability and proIr daroge policy (or rider attached thereto) r uY: •mot+. eN N' wyR'It j1 `t ar.ta. t �r Y.a..,ttP..i rZliJ r.. '4tn'tr 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 anissions 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 c.-,-oloys. 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 inay 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. T, . 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 r 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 coi-nplete the work by such timie, 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 co,Tg3letion of the work due to wnforseeable 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 rerr_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 workrron or proper material, or if Contractor should refuse or fail to snake pro:rpt paynsnt 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 p-rform 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 sa.°ne to coaplet ion, by contract or otherwise, and Contractor and its sw.eties shall be liable to the City for any costs over the aTrount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in cocrplet•ing the work, such rr,Acrials, applicances and structures as rrvay be on the work site + t ,aw'�G ..5�4 .. ... �?1. r ,Y•rw, ?( .. t4 a ar and are necessary for ccapletion of the work. The foregoing provisions ' tire in addition to, and not in Limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 8. Guards and bights. 'I'lie Contractor agrees to defend, indamify, 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 rlanages 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. Indannity. 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 da-wjge 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 sane, 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. P_�x_nt. 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 Docurr_nts upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or a:rrnunts stated in the bid . of Contractor dated Ma 15• , 19_8 which are by reference made a part hereof. No partial parr►--nt to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. 12. Contract Documents. The contract docu-r-nts shall. consist of the follcriing: a. 'Mis 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 AM This contract and the other docurrnts entro=rated in this paragraph, fOrm the Contract rx L%-c-en the parties. These docLrrn_nts are as fully a part of the contract as if attached hereto or repeated herein. rry i1r �. Lid t .cpYr y' 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 F ac•:arded hereunder. 14. Notices. All notices required to be in writing may be given by first cicLss mail address to the City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101, and Contractor at 600 Glower,LP Box 190, Valley_Park,M0 63088 • 1'he date of 66-ffvei j of any notice shall be the second full day aster the day of its mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the la:os and statutes of the State of MissoL i.. 16. IN TF_ST114DI N 1-HEREOF, the parties hav hereunto set their hands and seals this � day of 19 CITY OF JEFFERSON, MISSOURI ' By A'IRI'EST: 7 CITY CLERK U. S. STEEL CORPORATION CYCLONE FENCE SALES CONI'RTICIOR By S'. ©Z1//, . Title: Strrice ��atar ArrPEST: SEC11Z.VARY , Fs r .g fl'r 111 N. i�'.47 mil;t .j4 A'.M i t 1)tl.t.f.•f �' o. i , r �r j�y�� .• ,:r.:r h SZ �ti At qq�'i `�fp,�i�.r3 t�}.�� ) rrnr:�tr,�'11�T�,. .. .. }... . .rN'i iic;' je,. a �J'n ��•1fi ..r .J ,A . . r71�;g1Y s Cyclono Fence 312 646 6110 General Office 1.000-CYCLONE 13535 South brienco Avenuo Chicago,IL 60633-1099 Cyclone Fdnce July 8, 1987 City of Jefferson City Dept, of Public Works 320 E. McCarty Jefferson City, MO 65101 1, 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 Policy Committee of said Corporation at a meeting of said Committee duly held on December 15, 1986, and said resolution continues in full force and effect at this date: RESOLVED: That 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 its commercial responsibilities. FURTHER RESOLVED: That the prior authorization of August 20, 1982 by the Corporate Policy Committee with respect to the subject of the foregoing resolution be, and the same hereby is, superseded. WITNESS my hand and seal of the Corporation this 8th day of July 19 87 r Assi'stant Secretary U.S.Diversified Group USX Corporation ISSUE DATE(MM/DD/YY) au July 8, 1987 PRODUCER 0 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marsh 6 McLennan, Inc. COMPANIES AFFORDING COVERAGE 600 Grant Street, Suite 5500 Pittsburgh, FA 15219 COMPANY A g���aon+Fire"Tnsurance Znmpany LETTER of Pittsburgh, Pa. INSURED -'` "-- EnERY Insurance Company of North America COMPANY c Cyclone Pence LETTER USX Corporation COMPANY 13535 S. Torrence Avenue LETTER D Chicago, Illinois 60633 COMPANY LETTER 111 IN e THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSYANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY OF ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO ��— POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMJDDNY) DATE(MMIDDNY) EACH AGGREGATE OCCURRENCE GENERAL.LIABILITY BODILY A COMPREHENSIVE FORM GLA 1980556 4/1/87 4/1/88 INJURY $ $ PREMISESIOPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD PRODUCTSICOMPLETF.D OPERATIONS CONTRACTUAL COMBINED $5,000 $5,000 INDEPENDENT CONTRACTORS t BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $Incl. AUTOMOBILE LIABILITY BODILY $ $ ANY AUTO SILL 706 5/1/86 5/1/88 (PERK" ALL OWNED AUTOS(PRIV.PASS.) BODILY ALL OWNED AUTOS(OTHER THANI jP AR ,DES $ (OTHER PASS. HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY DI 6 PD ����rr,, COMBINED $5 000 EXCESS LIABILITY UMBRELLA FORM BI S PD COMBINED $ $ OTHER THAN UMBRELLA FORM A WORKERS'COMPENSATION AR — DE — ME — MS — NH — 4/1/87 4/1/88 STATUTORY AND NM — TX — VT — VA $ •�000(EACH ACCIDENT) 1, EMPLOYERS'LIABILITY RMWC 9551177 000(DISEASE-POLICY LIMIT)$1,000(DISEASE•EACHEMPLOYEE) orker.s° Cgmpensation Self-Insured in State � m to ers' Liability of MISSOUr1 DESCRIPTION OF OPERP,TIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Cyclone Office Chicago Job No. 704-7--1385 Material & Labor to install Guard Rail for 1987. o � e City of Jefferson City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P MAIL 3 n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 320 E. McCarty LEFT,BUT FAILURE TO MAIL SUCH NOTICE$HALL IMPOSE NO OSLIGATION OR LIABILITY Jefferson City, MO 65101 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE NMI e.� --• - ». .. . . ,.., .. r«........«. ._........,... .wry. 1 DIVISION OF WORKMgN'S ttieh0 Dm. �aa++elol BRANCH OFFICES COMPENSATION ISO aL�Jt•INTIMHATroaAL Ott�let BUILINHO Department Of Labor And Industrial Relations x•nr•'city Of Missouri 499 STATE OFFICE BUILDING Sprindioid p1R1Il1tlNifll!!;.1fIIAlU Post Off lee faux so 114 LANDIM BUILDING GFe�rnor Jefferson City, !'llennllri Cap Cirordoar Y+ HI I ORRIIARUT IMIKET 65101 Joplin JanU"7 1110 1973 40/rrRST`. Jo ephhL BUILDING 401 COADY BUILDING TO WM N MAY =2201 8 is to ce tw that tested Rates ftealtl corporatiou0 600 Grant stmt Pittsba *ba P012la IM61% 1M00 Is an authorised'scan!-in surer for M its owirmeation 1Ub31i, y uMw the Missouri W®rkw a'a compeantion Iwo Said authority, haviesg been gs°anted an Jamukryr 21, 1933 crud wat1AUi88 Is tasrce and Gtt*at at this t1m; that aid Wited Aft 8t4t®8 Reel Corporation I*$ filed a bond with the Federal Ynasumace ODNPWW as =664v in th* astuss Of $10,000.000 as.s "curity fo r such liability. t11V= at the City a! Jeffereon# Mte of Mi.ssouri# thin 14th day of January$ 1975. Y4~d Be arcs , ras r Iuox w o d TI016 •fr CHUBB GROUP of Insurance Companies Aft C:1°OA.. E3lE 3 15 Mountain View Road, P.O. Box 1615. Warren, NJ 07061.1615 FEDERAL INSURANCE COMPANY PERFORMANCE AND PAYMENT BOND Sond Flo. 8106-62-58 Amount $56,272.25 Know All Men By These presents, Thatwe, U.S.X. Corporation - Cyclone Fence Division 13535 S. Torrence Avenue Chicago, Illinois 60633 (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 The City of Jefferson City Department of Public Works 320 Fast McCarthy Jefferson City, Missouri 65101 (hereinafter called the Obligee), in the sum of Fifty 'six thousand two hundred seventy two and twenty five-------------- Dollars ($56,272.25--------), 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 Oblige®, dated July 8th ,1987 for Guard Rail Installation. 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 Obligee'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) PR Fam 11H02-0019(F{ev.7•&3) U A. , 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. i Sealed with our seals and dated this 8th day of July 19 87 . U.S.X. Corporation-Cyclone Fence Division Principal By: S. A. Slazyk, S vice Manager FEDERAL INSURANCE COMPANY By: LIYI � ► ' 1 L Linda M. Cates, Attorn'by-In-Fact �7 .-...u1�:t?9, SAY'�?„qX;wMa+e...4...._......,......_...........,.K...,..,.,.-,....,,....r.-.. ,.. . .;...:n..,.,-,..�v^ �n+^�.,w..m..«.--.,,...,._._.-.,.....v�.,....,,.. ,..,.......,. ..>,. ...�, .......................... .......,..,..........._,«-.�.,....«..»,.....,,.+...•..e.ro+. State of Missouri County of St. Louis as: { -- On July 8, 1987 before me, a Notary Public in and for said County and State, residing ` ✓therein, duly commissioned and sworn, personally appeared Linda M. Cates I r known to me to be Attorney-in-Fact of Federal Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. i IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. DON K. ARDOLINO 7Ja r NOTARY PUBLIC, STAT My Commission Expires �-�MiSS0UR1 • Notar MY COMMISSION EXPIRES 11l18/ea y Public ST- LOUIS COUNTX Cyclone Fence 312 6466116 ` General Office 1.800•CYCLONE ' 13535 South Torrence Avenue Chicago, IL 60633.1899 AMk Cyclone Fence 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 Policy Committee of said Corporation at a meeting of said Committee duly held on December 15, 1986, and said resolution continues in full force and effect at this date: RESOLVED: That 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 its commercial responsibilities. FURTHER RESOLVED: That the prior authoriza"ion of August 20, 1982 by the Corporate Policy Committee with respect to the subject of the foregoing resolution be, and the same hereby is, superseded. WITNESS my hand and seal of the Corporation this day of �J�y 19 1p Assi staift Secre ary U,S. Diversified Group USX Corporation POWER OF ATTORNEY Knorr all Mon by theto-a Prosente,That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road,Warren,New Jersey, a Now Jersey Corpora- has constituted and appointed, and does hereby constitute and appoint Julia R. Lotspeich, Linda M. Cates and Don K. dolinoof St. Louis, Missouri------------------------------------------------------------------- each Its true and lawful Attorneyirt•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 of any of the following classes,to-wit: 1. Bonds and Undertakings filed In any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of anything specified in su,.h Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Rovenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town,Village, Board or other body or organization,public or private;bonds to Transportation Compan!es,Lost Instrument bonds;Lease bonds,Workers'Compensa- tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. bonds on behalf of contractors in connection with bids, proposals or contracts. In Wltne»a Wlhe"f,the saki FEDERAL INSURANCE COMPANY has,pursuant to Its By-Laws,caused these presents to be signed by Its Assistant Vice-President and Assistant Secretary and Its i rporatg seal to be hcrelo affixed this 1st day of January 19 86 Carmelo Sea A r FEDERALI RANCE CO ANY BY Goorge McClellan ni and D. 'Connor Assistant Vice-President Assists secretary STATE OF NEW JERSEY SS County of Somerset Q., 1st day of January to 86 ,before me persondly came Richard D.O'Connor to me known and by me known to be Assistant Gecretary of the FEDERAL IN- 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 Is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto alfixed by authority of the By-Laws of said Company,and that he signed sold 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 Vice-President 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 authority of said By-laws and in deponent's presence. Notarial Seal LEO `tJ� Np Acknowledged and Sworn to before me W NGl'ARV p on the dale above w q _-e� O • PUBLIC a Z A. ALICE LEONARD Notary Public F� :lEaS� CERTIFICATION NOTARY PUBLIC OF NEW JERSEY STATE OF NEW JERSEY l as. My Commission Expires June 28, 1988 County of Somerset 9? I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following Is a true excerpt Irom the By-Laws of the said Company as adopted by its Board of Directors on March 11,1953 and most recently amended March 11,1993 and that this By-Law Is in lull force and affect. "ARTICLE XVIII, Sodion 2.All bonds,undertakings,contracts and other Instruments other than as above for and on behalf 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-Presidonl,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-In-fact designated In any resolution of the Board of Directors 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. Sections All powers of attorney for and on behalf of the Company may and shalt be executed In the name and on behalf of the Company,either by the Chairman of the VicaChairman or the President or a VimPresident or an Assistant Vice-President,)olntly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers maybe engraved,printed orlibographed." 1 further certify that said FEDERAL INSURANCE COMPANY Is duly licensed to transact fidelity and surety business In each of the Steles 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 We surety on bonds,undertakings,o1c.,permitted or required by law. 1,the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby certify that the foregoing Power of Attorney is in full force and effect. under my hand and the seal of said Company at Warren,N.J.,this 8th ,_,_day of July 19 8 7 Caporals Allialstarill Secratsry �rJ � Form 21 ItS OJR3(Rw. 4U4)GENERAL PRIFa U'�`A CRON JUL 27 1987 '! LIC WORKS DEPT'