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HomeMy Public PortalAboutORD11066 BILL NO. 88-45 SPONSORED BY COUNCILMAN MASON ORDINANCE NO. &06 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE CONSTRUCTION OF THE SOUTH RIDGE DRIVE. 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 an agreement with Kauffman Excavating for the construction of the South Ridge Drive for a sum not to exceed $265,321.70. Section 2. The agreement shall be substantially the same in form and content as that agreement 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 l 9 Approved 0C I .�1 PxpSid ff cer ayor ATTEST: City Clerk ® CONSTRUCTION CONTRACT THIS CONTRACT , made and entered into this 18th day of July , 19 88 , by and between Kauffman Excavati J_ , hereinafter c a l l e d "Contractor", and the City of Jefferson, Missouri , a municipal corporation, hereinafter called "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements : 1988 Curb & Gutter Project , Southridge Drive. NOW THEREFORE , the parties to this contract agree to the following: 1. Manned and time for Completion. The Contractor agrees with the City to furnish all supervision, labor , tools , equipment , materials and supplies necessary to perform, and to perform, said work at Contractor 's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within sixty (60) 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. ® 2. Prevailing Wages . All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by 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. 8-026-0126 in which the rate of wages is set forth . The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of 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 eits own expense during the life of this contract: (3) 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 $8041,000 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 Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (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) 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 setforth , 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 Dama es. The Director of Public Works ma y , at his discretion, deduct $100. 00 from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof , with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed . It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor ' s control and without fault or negligence on Contractor 's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors , or if a receiver should be appointed for Contractor or 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, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing • provisions are 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. r� s 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 work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in ® the performance of this contract. 11. Payment. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule setforth 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 July 8, , 19 88 , 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 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 provisiun in all subcontracts let or awarded hereunder. 14. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 5409 Old Lohman Road, Jefferson City, MO 65109 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 WHEREOF the pantie ha a hereunto set their hands and seals this /8 day of , 19n$ _. CITY OF JEFFERSON, MISSOURI ® By ,-Mayor ATTEST: , CITY CLERK CONTRACTOR BY T ' e:6 ATTEST: +i t.►[ 'il C:F k'I 1 f= I 1.,11 1 1 08/16/88 __._.'L .. _ --- --- - ---------'------ -- ;---- I tandard Insurance, Inc. _..._. ...__.__..____ _------------•---, 25 Madison C;ili1! HtI I [ t3 /l r=r'OF I i%Ki C OVE I:FtGC 0. Pox 1114 .- ------ - -- -------- ----------------------------- : Jefferson Cicy, MO 65102 Jr qt,, General Casualty Insurance 314-636-5126 :F. 1A _.. --- _._.... --------- ---------------------- L I .-------------------------_-- Y.aaffman Excavating 5401 Old Lohman Rd. - ---- .....__.._ - - --- ----------------------------------------------------; Jefferson City, MO Ti,, U 65101 ; . - - -- - ------•---- ---------•--------------------------------- - -------------------••--------------•---------------- ---------------------------------------------------------------------1 COVERAGES ; -----------------------------------------------------------------------------------------------------------------------------; T-1IS IS TO CEF:?[F'r T�iAi FL'LIC?ES i1: 1`,SG=;A';CE C[SiED Cit'.n 6n'It `tE i I �L.Ei i" T,;E :';)"=.i:% t\�'�. G,F FU,: - E rU_liY FEniuD 1';D[CNiEG, k0i+liiriST['1ti1`:6 AN1 REUCiRE"tNIT 'Eh i1R �:tiDl [Gt OF >lti'r CC't:T . C' OR SiHEr.1Fi°G`ENT WiiH SrE - TO t�h1CN THIS -E--TIC iC4TE 10 BE 1S5 a-I OR MA( PE�JA:1,. T;iE IN:.JRAtiCc -,r",D�DED f Tyr FG' I ?FS 13 K-VJEC7 TO ALL THE SLiH , :..1:..:• L iMiTS F.g6NN tw'Y -i'0'E KEN =F--'FED D'r P'11 ----------•- •-------....--- -------------- IPC_ E,-rE,i*VH:F-I I;_.'( Ei,�IR�T16� ' ; �� 'C - ,11'. �- �,� u1�' r D.{it ,(' N, - ,J-A 1 ' ;l.T TYPE i.+_ r, r,LE LI:C fl•`1.sJt' L.. Ci 'T, It' riD ...i1[S -,-------- -----------------------+---•---------------------- -----------------+----------------------------------; A :EhEFaI C.Inril.i'r :CCX 0066726 07/25/88 07/25/89 3E'iE; L x1000 IX) CuyMERC.,AL it'rt't+i , lA:j1l 117 U ltr'S rut7n ; [Xi[ CI�IMS ,ADE IX? J1'XRRtNCE` c =);',A't '� ?UV ?ij Y 11000 ! [X] 0 i11vEn'5 F;a RGTECi; :r?4H "-Cv4�E:'iC5 41000 ; [ i i RE UAMFGFiGSE =IRE; $50 ; I :MEDI""L EXF'l -'EPSON) t5 ; ------- ----------------------------------------------•----------------+--------•---------•+-----------------------•------------1 HUTONOBILE 1.14ILITY :CBA (1066726 07125/88 ! 07/25/B9 !CS! ! ®I 'iXi ANY AUTO 4500 ; ;[ I ALI. UNNFD AUT05 1POT,,'LY INJUF,'( ; ;[ i SCHEDULED P:)Ti5 I ! FER ='ERFON) 3 iiXI HIRED AUTOS ; �3i,:;Tl•' iNJI'n�' ; i 11111 10IN-:1WNED aU-0: i (r•GR ACC!OENT) ; ;[ 12ARAGE 1.!A'n4iI1 ; ;fR,UPE Tt ; - -+---=------------------------------t------------------+----------------t-----------------+---------------------------------- 1 EXCESS L:ABI! iT1 , , , ; I ; EAC" CCCURitE1iCF ; AUu:,.•nit. I J U;Hti; IHAtl' t1MRF.EL[a FCRl4 ---\---------------------------------r-----------••------------------------ ------------------+--- ------------------------------; A ; WORI ERS' CO,1Fia,,IATION CWC 0066726 07/25/98 1 07/25/99 ; s100 :F.:1CH VEIDFNT) ! i AND ; 1=500 iD[SEA;E FOL) EMFLO4ERS' Li ABILIT'r ; ) 4100 !D[SEASIF EACH EMP)1 ---------------------------------------------------- A 01THER ) i I Installation Floater CCX 0066726 ; 07/25/88 ; 07/25/89 ; 2g,0 0 oti site 1 10,000 Transit : , 1 ' LJClIT 1C'l5~;EH1C,L=S?FtEST;,ICTiO!,3r=rECIaL _ _ _ ... _ _ •-------------- CcSiRIFTIUN OF OPERA I(�tIS � , , I I I , 1 I -----------------------------------------------..-------------------•------------•----------------------------------------------------- i CENT' I F I Cr-1'TE IA0LT)ER ; CANCE t_L.AT I OtJ : -------------- _•------------------------- ----------... -- ------------------------------ :SHOJi' , ANY i,F THE APIVE DEW7BF.D POLICIES BE CANCELLED BEFORE 1 ThE EXFIRATIC.!, DATE THEREOF, THE 155dING COMPANY WILL ENDEA'!DR 1 ity of Jefferson Missouri ''0 'A:1. 10 DFY? 'k ITyEN NOTICE Tb THE CERTIFIC..ATE FOLDER NAMED: c/o Public Works bept, �Tii irE .EFT, f.;Ji FPiL:IRF. TO NAIL SUIH NOTICE SHALL IMPOSE NO : 320 E. McCarty 1GBI f`IR t I*ILITY OF ANN' UPON THE COMPANY, ITS : Jefferson City, Mo., 65101 OF. RFFFESE'.TAFIVFS. ; ;- - - - ._...__-------- ------------------------------------: 1 AUifO^IIEC iZc� ESP" T' E ; : IrTran:amenoa Transamerica Premier Insurance Company Administrative off";Irvine,California Insurance Services ® Labor and Materaat Payment Bored Bond no. TPI01347548 Approved by The American Institute of Architects A.I.A, Document No.A-311 (February 1970 Edition) THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS-that Kenneth and Juanita Kauffman (Here Insert full name and address of legal title of Contractor) d/b/a Kauffman Excavating Company 5401 Old Lohman Rd. Jefferson City, MO 64109 as Principal, hereinafter called Principal, and Transamerica Premier Insurance Company, a California Corporation, as Surety,hereinafter called Surety,am held and firmly bound unto City of Jefferson, Missouri (Here insert full name and address or legal title of Ownerl c/o Public Works Dept. 320 E. McCarty Jefferson City, MO 65101 as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of TWO HUNDRED SIXTY FIVE THOUSAND THREE HUNDRED TWENTY ONE AND 70/100--------Dollars($265,321.70 (Here Insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has byy written agreement dated July 18, 19 88 ,entered into a contract with Owner for 1988 Curb & Gutter Project Southridge Drive in accordance with drawings and specifications prepared by (Here Insert lull name and address or legal title of Architect) • which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. B 30027 8.84 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void,otherwise it shall remain in full force and effect,subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with with substantial accuracy the amount claimed and the name the Principal or with a subcontractor of the Principal for labor, of the party to whom the materials were furnished, or for material, or both, used or reasonably required for use in the whom the work or labor was done or performed.Such notice performance of the contract, labor and material being con• shall be served by mailing the same by registered mail or strued to include that part of water,gas,power,light,heat,oil, certified mail,postage prepaid,in an envelope addressed to the gasoline, telephone service or rental of equipment directly Principal, Owner or Surety, at any place where an office is applicable to the Contract. regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the 2. The above named Principal and Surety hereby jointly and state in which the aforesaid project is located, save that such severally agree with the Owner that every claimant as herein service need not be made by a public officer. defined, who has not been paid in full before the expiration b) After the expiration of one (1) year following the date on of a period of ninety (90) days after the date on which the which Principal ceased work on said Contract, it being under- last of such claimants work or labor was done or performed, stood, however,that if any limitation embodied in this bond is or materials were furnished by such claimant, may sue on prohibited by any law controlling the construction hereof such this bond for the use of such claimant, prosecute the suit to limitation shall be deemed to be amended so as to be equal to final judgment for such sum or sums as may be justly due the minimum period of limitation permitted by such law. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such c) Other than in a state court of competent jurisdiction in and suit. for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the 3. No suit or action shall be commenced hereunder by any United States District Court for the district in which the claimant: project, or any part thereof, is situated, and not elsewhere. a) Unless claimant, other than one having a direct contract 4. The amount of this bond shall be reduced by and to the with the Principal, shall have given written notice to any two extent of any payment or payments made in good faith here- of the following: The Principal, the Owner, or the Surety under, inclusive of the payment by Surety of mechanics' above named, within ninety (90) days after such claimant liens which may be filed of record against said improvement, did or performed the last of the work or labor, or furnished whether or not claim for the amount of such lien be pre- the last of the materials for which said claim is made, stating sented under and against this bond. Signed and sealed this 9th day of August , 1988 Kenneth and Juanita Kauffman _d/b/a Kauffman Excavating SQII(�ny (Principal) (Seal) \ Itness) (Title (Seal) Transamerica Premier Insurance Company (Surety) (Surety) (Witness) B f Gary E. B adley Attorney-In-Fa Tmnsameriva Transamerica Premier Insurance Company Insurance Services ® Performance Bond Bond No. TPI01347548 Approved by The American Institute of Architects A.I.A. Document No. A-311 (February 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: that Kenneth and Juanita Kauffman d/b/a Kauffman Excavating Company (Here insert full name and address or legal title of Contractor) 5401 Old Lohman Rd. Jefferson City, MO 64109 As Principal, hereinafter called Contractor,and Transamerica Premier Insurance Company,a California Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of owner) City of Jefferson, Missouri c/o Public Works Dept. 320 E. McCarty Jefferson City, MO 65101 as Obligee, hereinafter called Owner, in the amount of TWO HUNDRED SIXTY FIVE THOUSAND THREE HUNDRED TWENTY ONE AND 70/100------------------------------------------ Dollars ($ 265,321.70 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated July 18, 19 88, entered into a contract with Owner for 1988 Curb & Gutter Project Southridge Drive in accordance with drawings and specifications as prepared by (Here Insert full name and address or legal title of Architect) ® which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 8 30026 10.86 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithful- ly perform said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or ex- the cost of completion less the balance of the contract tension of time made by the Owner. price, but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, Whenever Contractor shall be, and declared by Owner the amount set forth in the first paragraph hereof. The to be in default under the Contract, the Owner having term "balance of the contract price;' as used in this performed Owner's obligations thereunder, the Surety paragraph, shall mean the total amount payable by may promptly remedy the default, or shall promptly Owner to Contractor under the Contract and any amend- 1) Complete the Contract in accordance with its terms ments thereto, less the amount properly paid by Owner and conditions, or to Contractor. 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon Any suit under this bond must be instituted before the determination by Surety of the lowest responsible bid- expiration of two(2) years from the date on which final der, or, if the Owner elects, upon determination by the payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and No right of action shall accrue on this bond to or for the Owner, and make available as Work progresses (even use of any person or corporation other than the Owner though there should be a default or a succession of named herein or the heirs, executors, administrators or defaults under the contract or contracts of completion successors of the Owner. arranged under this paragraph) sufficient funds to pay Signed and Sealed this 9th day of August , 19 88 Kenneth and Juanita Kauffman d/b/a Kauffman Fxcauating Vnnmpany PRINCIPAL SEAL_ WITNE S By: r � TITLE/l(4J SEAL Transamerica Premier Insurance Company SURETY SEAL TN By: Gary E. raAley ATTORNEY-IN-FACT ��.�������.'Q� Transamerica Premier Insurance Company Admmisitatwe Office lmno CmIdolnia WInsurance Services 0 _5_0 5 2 Power of Attorney valid only if numb©rod in red. General Power of Attorney Know All Men by These Presents,That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint.. --...__ --- - ---_._. ---- ------ — -- _.. -- - -._... _ --------- GARY E. BRADLEY ofOverland Park -- and State of____ __Kansas._-________.__. its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead, to execute, acknowledge and deliver ..------CORUKLRQND-S—(I._0-.A.Sauaxata_t-e-e--Agreem.Qatl - MAXIMUM_PENALTY--$_5.00._0.000.0------------------ ____O TNER-CONTRAIiL&OND_S--AAXIMUM_QENALTY--100,.000.00__---------- ------- ---...-_ALL._.OTHER_0_t1D5—MAX --- _____ POWER OF ATIORNEILS}jALL TERMINATUM-13E-_.--_.__—__!.___________—_ OF NO FURTHER EFFECT AFTER DECEMBER 7 , 1 8011 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1.Attomey-in-Fact.Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its . President _ and its corporate seal to be hereto affixed this 27th --day of October_ A.D., 19.87 tAIER 1G TRANSAMERICA PREMI R INSURANC OMP��� 0 e INCORPORATED a By JULY*1519411 State of California ss.. � ♦r County of Orange 0ALIFORIWk On this 27th ---day of— October in the year__1987 before me Joan M. Wynn _ a notary public, personally appeared Jack M. Trapp personally known to me to be the person who executed the within instrument as— President —, on behalf of the corporation therein named and acknovA40" � d it. ot�!,c i1L ScAL �;y 1I •'`',,._.. '� I�.;',:.:,i'aL ;�f:F; .'L•' lid { - €„3�`•-'!`--.- -•---�� C'UL"N1 Y Notary Public { tAY GC"'fa. 'I^N FXP11;r" UT. 1?. 1901 --- I,the undersigned Secretary of Transamerica Premier Insurance Company hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation,may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company,this 9th day of August 19 . 88 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO 80N0 N0. TPI01347548 sot;t„rary 30024A tU H5