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HomeMy Public PortalAboutORD10900 BILL NO. 87-93 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. /() `i UU AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY, INC. FOR SURFACE SEALING OF CITY PARKING LOTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a contract with Jefferson Asphalt Company, Inc. for the surface sealing of City parking lots for a sum not to exceed $13,260.00. 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 w f 1��r Approved Presidi f icer ayor ATTEST: City Clerk vim CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this .. 2th _ day of September _—, 19 87 by drid between __J_P_tf_e=Dn_Aspha1t gpMpanv, _Ij3g=_Q e_!d hereina+ ter called "Contractor", and the City of Je•fferson. JJISSOUrl , a Municipal corporation, hereina+ter called "City. " WITNESSETH: That whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies for constructing the following City improvements: Surface sealing of City parkin ts. 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 Per-Form and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and -FeLleral laws, within thi-rty ( 30 ) (x3ik4tU1§tMMt. working) days from the date contractor is ordered to proceed, which order shall be issued by the Director of Transportation within teen ( 15 ) days after the date of this contract. 2. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen 's Comr)(--�n sat i on Insurance far all of its employees, to be engaged in Work under, this contract. (b) Contractor 's Public Liabilitv Insurance in an amount nut less than $800, 000 for all claims arising out of a single occurrence and $10(), . 000 +at, any one person in a single accident at, occurrence, except for those claims .governed by the provisions of the Missouri worl%men 's compensation law, Chapter 287, RSMo. , and Contractor '•s Property Damage lnSUrance in an amount not less than $80C)I for all claims arising out of a single accident Or OCCU r re rice and $1(:)C)I (:)(-)(:) for any one pet-son in a single accident or occurrence. (c) Automobile liability in an amount not less than for all claims arIS111cl Out 0•f a single accident at- Occurrence and $1000:00 for any one Person in a single accident or occurrence. Qt,,iner 's Protective Liability InSL(rance - The Contractor shall also obtain at its own e...pense and deliver to the 1 of 5 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 occurrenceq e*,..cept for those claims governed by the provisions of the Missouri worPmen 's compensation law, Chapter 287, RS1,10. 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 Subparagraphs (a) , (b) and (c) hereof and in like amounts. Scope a+ 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 Linder this contract, whether, Such operations be by the insured or by anyone directly at, indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE- Paragraph (+) 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 worE;inq on the project, unless the general Public liability and property damage policy (or, rider attached there-to) of the general contractor provides adequate protection against claims arising -from operations by anyone directly or indirectly employed by the Contractor. 3.. Contrc-_•tctc)r's Ru-�spnns:Lbij_J.tv forj ,)ubc ntractors. It is further agreed that Contractor shall be fully responsible to the City for acts and omissions o•f its subcontractors, and of pet-sons either directly or indirectly employed by them, as Contractor is for the acts And omissions o•f persons it directly employs. Contractor shall cause appropriate P 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 o•f Subcontractors and to give Contractor the same, power regarding termination of any subcontract as the City may exercise over Contractor Linder any 2 of 5 pi,ovisions (z•f this contract. Nothing contain*a in this contract shall c t"(I--A t e any contractual relations between any subcontt,actor� and tries City or between any subcontractors. 4. L i 11.t kd.4 t e q._Da(n a 9 e s. The ' Director, of Transportation may, at his disct--etion, deduct 100 ,00 A-sday -from any amount othet,witae due Under, this contt,act +at, evL-t,y day Coritt'actor, fails at- t-ei'LASeS to pt,astL:?cute the wot,k, or any separable part thereof, with such diligence as will insure the completion by the tame above specified, or any extension thet,eo+, or fails to complete the work: by such time, as long as the City does not terminate the right of Coritt-actot, to proceed. It is 4:ut,thet, provided that Coritt,actat, shall not be charged with liquidated damages because of delays in the completion of the wor,►:. due to Un+a t,eseeab I e% causes beyond Contractor 's control and without fault or negligence an Contractor 's part or the part of its agents. 5. Tei-mination. The City reserves the right to terminate this contract by giving at least five (5) days ' prior wt,itten notice to the Contractor, without prejudice to any other, rights or remedies o•F -the City should the Contractor, be adjudged a bankt,upt, or if Contractor- should mat::e a general assignment for the benefit of its ct,editot-s, or i+ a t,eceiver, should be appointed for Contt,actor or for any a+ its property, or if contt,actor, should persistently ot• r-epeatedly refuse-USe Or- fail to Supply enough properly skilled wor,Pmen or pt,opet, material , or if Contt,actot, should refL(SE' of -fail to make prompt payment to any person supplying labor-, or materials for the W00% Under the contract, or persistently disregard instructions of the City or� fail to abs-:et-ve or pet-form any provisions oi' the contract. (S. Ci JL)L p R , to Pt-aceed. In the event this cri ott-act is terminated pursuant to P=w.Aqt,aph 6, then the Gity may tal.--.e over the wc)t,l:: and pl"OSeCL(te the same to completion, by contract or- otherwise, and Cantr,actot, 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 0+, and utilize in completing the WOO..., such materials, appliances and Stt'►►CtUt'eS as may be on the work: site and are necessat,y +at-- completion of the wort::. The foregoing provisions area in addition -to, and not in limitation of, the city ordinances, and state and federal laws. 7. Guat,ds. and LiLihts. The Con-wactot, agrees to defend, indemnify, and save the City hat,mless +t,om and against all Claims, Suits ano actions of every desct,ipti(.►n, bt'OUgh• against the City and +tIOM all damage and costs:; by reason or on .account of any 11-IjUt'leS or oi_imyiages received or Sustained by any Pet-son ot- pet-sons. or thpir, property, by Cori t r,ac tat,, its set'v arits, agents or subcontr,actot,s, or a t,1 sting out Of this awai­d o•1: this contract to Contt,actor,- of a. In d eftin i t v. The Contractor agrees to de•i-ena, indemnify, and save the Cate from and against all claims, Suits and actions or every description, brought against the City and 4•rom all damage and costs by reason or on account of any 'I' I'I.jUt-ies or damages received or sustained by any person or per-sons, or their proper-ty, by Con-tractor, its servants, agents Or subcontractors in the construction of said or by any negligence or carelessness in the performance of the same, or on account of any act at, omission of Contractor, its servants, agents, or subcontractors, or arising Out of the award of this contract to Contractor. 9. 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 or this contract. I(.). Pavimen t. 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 DOCUftientS upon acceptance o•F Said wot-I.-. by the Dit-ectot, of Transportation and in accordance with the raites arid/or aMOUI-ItS stated in the bid of Contractor dated ' Aucust 7 1 19i $1_, which are by ' re+et-ence made a part hereof. No partial payment to the Contractor small operate as approval at, acceptance of wort; aone or mater•ials furnished hereunder. 11 . Conti-act E)oauments. The contract documents s no I I consist of the -Following: a. This contract e. General Conditions b. Addenda f. Special Provisions C. Notice to Contractors 9. Technical Speci+ica-l;ions d. Signed Copy of Eqid h. Drawings and/or Sketches This contract and the other documents enumerated in this paragraph, from the Contract between the parties. These documents are as -fully a part of the contract as if attached hereto or repeated herein.. 12. Nondiscrimination. The Contractor, agrees in the performance o+ this contract not to discriminate on the L11"OUnd or bt-:?ci-.Aus(a of race, creed, color, national origin or ancestry, se,'-", religion, handicap, 'agel or political opinion or affiliation, against any employee a+ Contractor, or applicant for employment and shall include a similar provision in all subcontracts let or•, awarded h(areUrlder. 4 of 5 13. U191.1-9-ax.. ply. notices; required to be in writing may be given oy +irst class mail address to the City of Je-Herson, 32(.) E. McCarty, Jef-ferson City. Mi.SSOUri 'b5 101 and Contractor at 29071 c1�1y.QQd Road. Jefferson City, MO 65101 The data of delivery o•f anv notice shall be the gecond full day after the day of its mailing. 14. Jurisdiction. This .agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri . 15, IN TESTIMONY WHEREOF. .etthe parties set their hands and seals this r'J day of 19 . CITY OF JEFFERSON, MISSOURI By • In Fi ATTEST : CITY CLEFT`: CONTRACTOR Zoe rjy . TLE: ATTEST: t�ECRETARI' 5 of a ISSUE DATE (MM/DD/YY) 0 9/10/87 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, AUGHT-NAUGHT INS. AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0. Box 1768 Jefferson City, MO 65102 COMPANIES AFFORDING COVERAGE COMPANYEEiET"ZUE—CU. LETTER �q _ COMPANY L INSURANCE—W. INSURED LETTER JEFFERSON ASPHALT COMPANY, INC. COMPANY T—._M R & MARINE INSURANCE CO. 2207 I.dlewood Road LETTER C Jefferson City, MO 65101 COMPANY LETTER COMPANY LETTER • THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIO'J LIABILITY LIMITS IN THOUSANDS LTR DATE IMM MNY) DATE(MktDOM') EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY A COMPREHENSIVE FORM GA 519 82 13 10/01/86 10/01/87 INJURY $ 500 $ 500 PREMISES/OPERATIONS PROPERTY EXPLOSIONU&COLLAPSE HAZARD DAMAGE $ 250 $ 250 PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL BI a PD COMBINED $ $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY BODty BT ANY AUTO BA 55665 10/01/86 10/01/87 (PERRPERsw $ ALL OWNED AUTOS(PRIV. PASS.) BODLY ALL OWNED AUTOS OTHER THAN)/ I"JRY PRIV. PASS. (PER ACCIDENT) $ HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY 500 BI 8 PD COMBINED $ EXCESS LIABILITY B UMBRELLA FORM CU 5252743 10/01/86 10/01/87 COMBINED $ 2,000 $ 2,000 OTHER THAN UMBRELLA FORM STATUTORY C WORKERS'COMPENSATION AND WI06612100 10/01/86 10/01/87 $ 100 (EACH ACCIDENT) EMPLOYERS'LIABILITY $ 500 (DISEASE-POLICY LIMIT) $ 100 (OISEASE•EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIOt4S/VEIiICLES/SPECIAL ITEMS JOB: SEALING CITY PARKING LOTS • S • SHOULD�AJNY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. ITY OF JEFFERSON MAIL TIO 10D DAYS WRIT TENFNOTICE TO THE CERTIFICATE F CATE HOLDERENDEAVOR NAMED OTO HE 320 E. McCarty LEFT,BUT'FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY _OF ANY KIND UPON THE COMPANY, ITS AGENREPRESENTATIVES. Jefferson City, Missouri 65101 AUTHORIZED REPRESENTATIVE THOMAS S. NAUG i ' • i Bond No, 5400969 PERFORMANCE AND PAYMENT BONA KNOW ALL MEN BY THESE PRESENTS that we, the undersigned JEFFERSON ASPHALT COMPANY, INC. , Route 2, 2207 Idlewood Road, Jefferson City MO 65101 hereinafter referred to as "Contractor" , and SAFECO INSURANCE COMPANY OF AMERICA Corporation organized and existing under the laws of the State of Washington and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the CITY OF JEFFERSON CITY, MISSOURI, hereinafter referred to as "Owner", in the penal sum of THIRTEEN THOUSAND NINE HUNDRED AND NO/100-------------------------- Dollars ($ 13,900.00------------) , lawful money of the United States of America. for the payment of which sum, well and truly to be made to the aforesaid Owner, we bind ourselves and our heirs, executors, administrators, successors and assigns , jointly and severally, by these presents: WHEREAS, on the ninth day of September 19 87— the above named Contractor entered into a written contract with the aforesaid,Owner for furnishing materials, supplies and equipment not furnished by the Owner; construction, tools, equipment and plant, and the performance of all necessary labor, for and in connection with the construction of certain improvements designated, defined and described int he said Contract and the Conditions thereof, and in accordance with the contract drawings and specifications therefore; a copy of the said Contract being attached hereto and made a part hereof; and WHEREAS, it was a condition of the contract award by the Owner that these presents be executed by the Contractor and Surety aforesaid; NOW, 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, the Conditions, Wage Rate Determinations, Specifications, Drawings and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED FUR'T'HER, that if the said Contractor shall fail to pay all just claims and demands by, or in behalf of, any employee or other person, or any firm, association or corporation, for labor performed or materials, supplies or equipment furnished, used or consumed by said Contracor or his, their or its subcontractor or subcontractors in the performance of the work contracted to be done, then and in that event the aforesaid Surety will pay the full value of any and all such claims or demands in any total amount not exceeding the amount of this obligation, together with interest as provided by law. L��� --- P131 THE UNDERSIGNED SURETY, for value received; hereby stipulates and agrees that no extension of time, changes in, addition to, or other modification of the terms of the Contract or work to be performed thereunder, or of the specifications or other contract document accompanying same, shall in any wise affect its obligation on this bond and said surety does hereby waive notice of any such extension of time, change, addition or modification. IN TESTIMONY WHEREOF, 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, its attorney-in-fact, thereunto duly authorized so to do, at Kansas City, Missouri , on this the ninth day of September 19 87 JEFFERSON ASPHALT COMPANY, INC. (Contractor) _ By (Seal) "CO INSURANCE COMPANY OF AMERICA (Suret -9ompany) -� ` By G�i \ ( Lm`�i� (S'ea 1) aey- t) Patsy J . Lorimer (Accompany this bond with Attorney in- ct/ authority from the Surety Company certified to include the date of the bond'-) AMA PB2 POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME INSURANCE COMPANY OF AMERICA FfOME OFFICE:SAFECO PLAZA DECO SEATTLE,WASHINGTON 98186 No, 5467 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ---KEVIN J. McGRERVY, Kansas City, Missouri; JEROME J. REARDON, Kansas City, Missouri; MICHAEL T. KELLY, Kansas City, Missouri; ERIC VAN BUSKIRK, Kansas City, Missouri; PATSY J. LORI MER, Kansas City, Missouri; LaVONNE RINKE, Kansas City, Missouri-------- its true and lawful attorneys)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th day of February _, 19 87 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -- FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner roproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and affect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WVEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this ninth day of September 19 87 i 5•b7b Rio 3l8e PRINTFD IN U R A Bond No. 5400969 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that we, the undersigned JEFFERSON ASPHALT COMPANY, INC. , Route 2, 2207 Idlewood Road, Jefferson City MO 65101 hereinafter referred to as "Contractor", and SAFECO INSURANCE COMPANY OF AMERICA Corporation organized and existing under the laws of the State of Washington and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the .CITY OF JEFFERSON CITY, MISSOURI, hereinafter referred to as "Owner" , in the penal sum of THIRTEEN THOUSAND NINE HUNDRED AND NO/100--------------------------- Dollars (s 13,900.00------------) , lawful money of the United States`-of.. America for the payment of which sum, well and truly to be made to the aforesaid Owner-, we bind ourselves and our heirs, executors, administrators, su=essors and assigns , jointly and severally, by these presents: WHEREAS, on the ninth day of September ,rq .the . . ' above named Contractor entered into a written contract with the aforesaid Owh6r.. for furnishing materials, supplies and equipment not furnished by the Owner, construction, tools, equipment and plant, and the performance of all necessary labor, for and in connection with the construction of certain improvements designated, defined and described int he said Contract and the Conditions thereof, and in accordance with the contract drawings and specifications therefore; a copy of the said Contract being attached hereto and made a part hereof; and WHEREAS, it was a condition of the contract award by the Owner that these presents be executed by the Contractor and Surety aforesaid; NOW, 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, the Conditions, Wage Rate Determinations, Specifications, Drawings and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor shall fail to pay all just claims and demands by, or in behalf of, any employee or other person, or any firm, association or corporation, for labor performed or materials, supplies or equipment furnished, used or consumed by said Contracor or his, their or its subcontractor or subcontractors in the performance of the work contracted to be done, then and in that event the aforesaid Surety will pay the full value of any and all such claims or demands in any total amount not exceeding the amount of this obligation, together with interest as provided by law. PB1 THE UNDERSIGNED SURETY, for value received, hereby stipulates and agrees that no extension of time, change in, addition to, or other modification of the terms of the Contract or work to be performed thereunder, or of the specifications or other contract document accompanying same, shall in< any wise affect its obligation on this bond and said surety does hereby waive notice of any such extension of time, change, addition or modification. IN TESTIMONY WHEREOF, 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, its attorney-in-fact, thereunto duly authorized so to do, at Kansas City, Missouri , on this the ninth day of September lg 87 JEFFERSON ASPHALT COMPANY, INC. (Contractor) B C 1G (Seal) ECO INSURANCE COMPANY OF AMERICA - _ (Surat m any) ( ) By Patsy J . Lorimer (Accompany this bond with Attorney-in-F t' authority from the Surety Company certified to include the date of the bond."' PB2 t, N 11 POWE9 SAFECO INSURANCE COMPANY OF,AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE;SAFECO PLAZA WECO SEATTLE,WASHINGTON 88188 No. 5467 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint --KEVIN J. McGREEVY, Kansas City, Missouri; JEROME J. REARDON, Kansas City, Missouri; MICHAEL T. KELLY, Kansas City, Missouri; ERIC VAN BUSKIRK, Kansas City, Missouri; PATSY J. LORIMER, Kansas City, Missouri, LaVONNE RINKS, Kansas City, Missouri-------- its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or'undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN!WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th day of February _ 19 87 . i CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company,f idol ity and surety bonds and other documents of similar character issued by the company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation ninth September 87 this day of 19 8.974 RIO 318E PRINTFn IN 11 q A