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HomeMy WebLinkAboutRES.878.11-01-1993 BILL NO. 93-260 RESOLUTION NO. � �' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MONROE PLUMBING AND HEATING COMPANY FOR RELOCATION OF A 6 INCH WATER LINE ALONG INDEPENDENCE STREET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with Monroe Plumbing and Heating Company for relocation of a 6-inch water line along Independence Street. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS f•o`� DAY OF �� ";,�,y1�r�,. , 19 i�-_`1 . ��./ . �' t) -, S� ` ) �. f � ,� ;/� jL�f.�CY',.�.' .�_ . . `_-, ��! �-��'Z'.�,�•�� �Francis E. Rhodes, Mayor ATTEST: 1 � � „�� Gayl L. Conrad Deputy City Clerk . � CTTY OF CAPE GIRARDEAU � INDEPENDENCE 6" WATER LINE RELOCATION �. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the ��� "� day of in the year 1993, by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Monrce Plumbin� and Heatin�Company (hereinafter called CONTRAC;'TOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: An improvement to the water distribution system includi.ng installation of approximately 1,026 lineal feet of 6 inch PVC pipe, 85 lineal feet of coated steel pipe and all appurtenant facilities in a water main relocation along Bessie Street,includi.ng a valve a.nd hydrant relocation along Independence Street and restoring all lawns,driveways and water courses to present condition. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to FNGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIlVIES. 3.1 The work will be substantially completed within forry-seven calendar days after the date when the Contract Times commence to run as provided. in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within fifty-eight days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence A-1 of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in para.graph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in pmving the actual loss suffered by OWNER if the Work is not competed � on time. Accordingly, instead of requiiing any such proof, OWNER and CONTR.ACTOR agree that as liquidated damages for delay (but not as a penalty) CONfRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readi.ness for final payment or any proper extension thereof granted by OWNFR, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for compledon and readiness for final paymen� Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as - indicated in the bidding documents. TOTAL OF ALL IJNIT PRICES Twentv Five Thousand Two Hundred Fifty-Four and 90/100--- ------------- $25.254.90 As provided in paragraph 11.9 of the General Conditions esrimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Condirions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by FNGINEER as provided in the General Conditions. 5.1 Progress payments;Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CON'I'RACTOR's Application for Payment as recommended by ENGINEER, on or about the lOth day of each month during construction as provided in para.graphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based A-2 on the number of units completed) or, in the event there is no schedule of values, as provided in the General Require�ents. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to - the percentage indicated below,but,in each case,less the aggregate of payments previously made ,, and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed(with the balance being retainage). If Work has been 50% completed as determi.ned by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGIlVFER, may determi.ne that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the rem ��n�ng progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorpora.ted in the Work (but delivered, suitably stored and accompanied by documentarions satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTR.ACTOR to 95% of the Contract Price (with the balance being retai.nage), less such amounts as ENGINEER shall determine,or OWNER may withhold,in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as pmvided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear , interest at the maximum rate allowed by law at the place of the Project Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR ma.kes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda. listed in para.graph 8) and the other related data identified in the Biddi.ng Documents, includi.ng "technical data". A-3 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and fumishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations-that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRAC"TOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acl�owledges that such reports and drawings aze not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTR.ACTOR acl�owledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or ind.icated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied(or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning condidons (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safery precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information l�own to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Con�act document� and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRAC"TOR, and the Contract Documents are generally sufficient to indicate and convey understandi.ng of all terms and conditions for performance and furnishing of the Work. A-4 Article 8. CONTRACT DOCiJMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: � • 8.1 This Agreement (pages 1 to 7, inclusive). 8.2 Exhibits to this Agreement (pages _ to _, inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 . inclusive). 8.6 Supplementary Conditions (pages SC-1 to SGS . inclusive). 8.7 Specifications consisting of 1 page. 8.8 Drawings consisting of a cover sheet and sheets numbered through . inclusive with each sheet beari.ng the followi.ng general tide: I?rawings not attached hereto. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR's Bid (pages BF-1 to BF-6, inclusive) marked exhibit A . 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _ , inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and aze not attached hereto: All Written Amendments and other documents amending,modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as. expressly noted otherwise above). There are no Contract Documents other tha.n those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. A-5 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. '' 9.2 No assignment by a parry hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned. without such consent (except to the extent that the effect of this restricdon may be limited by law), and unless specifically stated to the contirrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto,its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contra.ct Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid a.nd binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 OTI�R PROVISIONS. IN WITNESS WHEREOF,OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed,initialed or identified by OWNER and CONTR.ACTOR or identified by FNGINEER on their behalf. This Agreement will be effective on a� , 19 3 (which is the Effective Date of the Agreement). OWNER Ci of Ca e G' deau CONTR.ACTOR I�on ro e ��u 1� b�r,a a ��f � .�. By: � -� By: �; c�-�;:,�st— l,�.y���"��_Yr�s;a�<< f� [CORPO TE SEAL] [CORPORATE SEAL] Attest Attest I'�l b��-- Address for giving notices Address for giving notices �3GC� �u-hicM ��' C�r�� � �� r<�,rc��a,u. I�I 0 �3 7a1 � � �~fDl A-6 (If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement = (If CONTRAC"TOR is corporation, attach evidence of authority to sign.) A-7 Ir . EXHIBIT A CITY OF CAPE GIRARDEAU , _ INDEPENDENCE 6" WATER LINE RELOCTION - . BID FORM � (FJCDC 1910-18) (1990) , ; PROJECT IDENTIFICATION: An impmvement to the water distiibution system � : consisting of approxim,ately 1,0261ineal feet of 6 inch PVC pipe, 85 lineal feet of coated steel pipe and all necessary appuitenances in a water main relocation along Bessie Street and including -- a valve and fire hydrant relocation on Independence Street r::: THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO �:::: 401 IlVDEPENDENCE STREET ---- CAPE GIR.ARDEAU, MO 63701-b244 � � 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents w perform and fiunish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and condiuons of the Advertisement or Invitarion to Bid and Instructions to Bidders, inciudi.ng without limitation those deali.ng with the disposition of Bid security. This Bid will remain subject to acceptance for thiny-five days afrer the da.y of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitdng this Bid, BIDDER represents, as more fully set forth in the Agreement, that: � (a) BIDDER has examined and carefully studied the Bidding Documents and the following �- � Addenda, receipt of all which is hereby acknowledged: (Ltst Addenda by Addendum Number and Date) i:::: r::: � i (_ i !_.. BF-1 . 1.:: I�� - . (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost,progress, performance and funushi.ng of the Work; (c) BIDDER is familiar with and is sarisfied as to all federal, state and local Laws and - � Regulations that may affect cost, progress, performa.nce and fiunishing of the Work. � (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relaring to existing surface or subsurface structures az or contiguous to the site (except Underground Faciliues)which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC- -- 4.2 of the Supplementary Conditions of the extent of the "technical dara" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acl�owledges that such reports and drawings aze not Contract - Docwnents and may not be complete for BIDDER'S purposes. BIDDER ac�owledges that . OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtai.ned and carefully studied (or assumes responsibiiiry for having done so) all such additional or supplementary examinarions, investigadons, explorations, tests, studies and data concerni.ng condiuons (surface, subsurface and Underground Facilities) at or conriguous to the site or otherwise which may affect cost pro�ess, performa,nce or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examivations, investigarions, explorarions, tests, studies or data are necessary for the determi.nation of this Bid for performance and furnishina of tlie Work in accorda.nce with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (fl BIDDER has coaelated the information l�own to BIDDER,informa.tion and observations " obtained from visits to the site, reports and drawi.ngs identified in the Contract Documents and ; all addirional exami.nations,investigations, explorarions, tests, studies and data with the Contra.ct , Documents. . (g) BIDDER has given Engineer writtea notice of all conflicts, errors, ambiguities or � discrepa.ncies thaz BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGIlVEER is accepta.ble to BIDDER, and the Cont�ract Documents are generally sufficient to indicate and convey understanding of all terms and condirions for performing and �_ fiunishing the Work for which this Bid is submitted. I BF-2 . E. . 1 . � ' . (h) This Bid is genuine and. not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of _ any group association,organization or corporation;BIDDER has not directly or indirectiy induced or solicited any other Bidder to submit a false or sham Bid.; BIDDER has not solicited or induced , any person,firm or corporation to refrain from bidding; and BIDDER has not sought by collusion � . to obtain for itself any advantage over any other Bidder or over OWNER (i) (Any other representakon required by Laws and Regulakons.) 4. BIDDER will complete the Work in accordance with the Contract Documents for the followi.ng price(s): ITrTIT PRICE BID TOTAL _ . ESTIMATID ESTINIATID NO. TI'EM UNTT QUANTZTY t1NIT PRICE PRICE 1. 6" PVC Pipe L.F. 1026 $ 16 .00 $ 16 .416 . 00 2. 12" x .3 I2" S teel Casing L.F. 85 $_ 6 R _ '�4 $ 5 �R R _ 9 n 3. 6" Gate Valve Each 5 $4.0 0 . 0 0 $ 2 �0 0 0 .0 0 4. Fire Hydrant Each 1 $8 0 0 .0 0�� $ 8 0 0_ �p Setting 5. Seed and S tra.w Acre 0.23 $10 0 0 .0 0 � 2 3 0 .0 0 TOTAL BID FOR ALL LTNIT PRICES ���5 ��S 4_ A� ($2 g �2 g 4, g� Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER aclaiowledges that quaadries aze not guaranteed and final payment will be based on �::.; actual quantities determined as provided in the Con�act Documents. � S. BIDDER a�s that the Work will be will be substantially complete withi.n forry-seven ; calendar days after the daxe when the Contract T'imes commeaces to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with � paragraph 14.13 of the General Conditions withia fifry-eight calendar days after the date when :__ the Contract Times commences to run. � BF-3 � i J�� - . to complete the Work within the times specified in the Agreement � 6. The following documents are attached to and made a condition of this Bid: . _.. (a) Required Bid S ecurity in the form of R;� R n n rl i (b) A tabularion of Subconuactors, Suppliers and other persons and organizations required to be identified in this Bid. (c) Required BIDDER'S Qualification Statement with supporting data. �C�� (Add other documents as pertineat) — 7. Communications conceming this Bid shall be addressed w: Name _nan;el H. Mon e President Monroe Plumbing and Heating Co. Address 366 Tunica Lane Cape Girardeau, MO 63701 8. Terms used in the Bid which are definerl in the General condiuons or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITI�D on October 25 . , 19 93. S tate Contractor License No. IF BIDDER is: An Individual . BY (SFAT•) (Individual's Name) doing busi.ness as Busiaess address• � . i � �_: Phone No.: � � BF-4 � � � . i � - A Parmers:up By (SEAL) . (Firm Name) . = (general partner) Business address: Phone No.: ,_. A Comoration By _ MONROE PLUMBING A1VD HEATING C0. ($E�,) (Corporation Name) MISSOURI (state of incorpora.rion) By DANTFT, u_ MONROE PRESIDENT� :p�� }')')�,,�_ (SEAL) (name of person authorized to sign) t PRESIDENT � (tide) (Corporate Seal) Attest - � (Secretary) Business address: ___ 3�h TiTNT('A ,A1V . i : �',�PF (�TR�RIIFATTr M(1 Fi'�7(11 �� Phone No.: f'�14) ��4-41 8 0 Date of Quali.fication to do business is 1964 '_.. BF-5 I ' � I I � A Joint Venture I By (SEAL) .- (Name) •� (Address) � By (SEAL) (Name) ... (Address) - Phone Number and Address for receipt of official communications (Each joi.nt venturer must sign. The manner of signing for each individual, parmership and corporation that is a party to the joint venture should be in the manner indicated above.) f_::: i � . � . . f � BF-6 i I BID BOND Conforms with TM Am��lean Instttuts of Architerts, A.l.A. Dowm�rrt No. A-310 KNOW ALL BY THESE PRFSENTS,That we, MONROE PLll�1B I NG AND HEAT I NG COMPANY 366 TUNICA LANE, CAPE GIRARDEAU, MO 63701 as Principal,hereinafter called the Principal, andthe WASHINGTON INTERNATIONAL INSURANCE CO�vPANY, 1930 THOREAU, SCHAUMBURG, IL 60173 , of , a corporation duly orgaaized under the laws of the State of qR I ZO NA �as Surety,hereinafter called the Saretq,are held and firmly bound unto CITY OF CAPE GIRAROEAU 401 INDEPENDENCE. CAPE GIRARDEAU. MO 63701 as Obligee, hereinafter called the Obligee, _ inthesum of FIVE PERCENT OF THE AMOUNT BID-------------------- Dollars (S 5°J. OF AMT. B 10-- ), for the payment of which sum well aad truly to be made, the said Principal and the said Surety,bind ourselves,our heirs,ezecntors,administrators,successors aad assigns,jointly and severally,firmiy by these pr�seats. WHEREAS, the Principal has submitted a bid for WA T ER L I N E R E L 0 CA T I ON NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Yriacipal shall enter into a Contract with the Obligee ia accordaace with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Coatract Docaments with good and sufficient surety for ffie faithful performance of such Contract aud for the prompt paymeat of labor and material furnished in the prosecutioa thereof, or ia ffie event of the failure of the Principal to enter such Contract and give such bond or bonds, if ffie Principal shall pay to ffie Obligee the difference not to ezceed the penalty hereof betweea ffie amount specified ia said bid aad such larger amount for �vhich the Obligee may ia good faith coatract with anothet patty to perfotm the Work covered by said bid, thea this obligation shall be null and void, otlierwise to remain in full force and eff¢ct. S'igned and sealed this 25TH �y of OCTOBER . 19 g3 . MONROE PLIMBING ANO HEATING COMPANY ��� � Priacipal W itness � Titie � WASHINGT R TIONAL � INSU E CO j W�tn� A A M. AU Attorney-ia-Fact SG54/EP 2101 PRINTED IN U.S.A. General � YASHINGTON INTERlU720MA� INSURANCE COMPANY PO4IER OF ATTORHE7 KNOY ALl MEN BY THESE PRESEHTS: 7hat the Yashin9ton International Insuranca Compa�,s eorporation organized end existing under the laws of the State of Arizona, and having iis principal office in the Villaye of Schaumb��rg, lllinois, does hereby constitute and appoint _ ' ' MICHAEL A. BOUCNER, DEIiNIS D. FLATNESS, TAFfRA S. H011U1M, GART L, LACX * * * * DENNIS Y. LUTZ, BARBARA M. STRAUB AND THOMAS R. YELStN � * its true and lawful attorney(s)-in-fact to execute, seal and detiver for and on its behalf as surety, aiy srd all bonds and undertakings, recognizances, contracts of indamity and otfier writings obligatory in the nature thereof, which are or may be alloued, required, or permitted by lay, statute, rute, regulation, contrsct o� otherwise, and the execution of such instrunent(s) in pursuanea of these presents, shall be as binding upon the said Yashington International Insuranee Company as futly and amply, to atl intents and purposes, as if the same has been duly executed and ackno�ledged by its President at its principal officr. This Paxr of Attorney shall be limited in an�nt to 52,000,000.00 for any single obligaLion. This Qcwar c` A:;arn:y ;� ;ss•.:r� �rsua:i: to suihority granted by ihe resoluiions ot the Board of Oirectors sdopted Mareh 22, 1978, July 3, 1980 and October 21, 1986 whieh reed, in part, as follous: 1. The President may designate Attorneys-in-Fact, and authorize than to execuie on behalf of the Company, and attach the Seal of the Campany thereto, bo�ds, and undertakings, reco9nizances, contraets of indermity and other ►+ritings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By-laus of the CortQa�, and to remove, at any time, a� such Attorney-in-Fact or Special Attorney-in-fact and revoke the authority given him." 2. The signatures of the Chairmen of tfie Boa�d, the President, Vice President, Assisiant Setretary, Treesurer and Secretary, and the corporate seal af the Canpeny, mey be aftixed to a�ry Power of Attorney, certifieate, bond or trdertaking relating thereto, by facsimile. Ariy such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding t{�on the c«�{xny. IM TESTIMONT uHEREOf, the uashington International Insuranc Comparry has caused this instrunent to be signed and its eorporate seel to be+$�'"�i�ts authorized officer, t 7th da of October, 1992. ��P�le���/y4�� WASHINGT N A ONA INSURANCE COMPANT S�L •♦��s�s��►��.• � v ��:CORPORAT��+0i / 0 s S E A L � � � Steven P. son, Viee President STATE Of ILLI��ii � .r�iZONA ;� O: COUNTT Of C��'y •••.....••' a�� a _ On this 7th day o���iPlT2, before me came the individual who executed the preceding instrunent, io me personatly known, and, ing by me duly sworn, said that he is the therein deseribed and sutfiorized officer of the Ysshington International Insurance Ca�pany; that the sesl affixed to said instrunent is the Corporste Seal of said ConQa�ry; IN TESTIMONT YHEREOF, I have hereunto set nry hand and affixed my Official Seal, the day snd yes� first above written. ......,.��..�..�-..,.-.�-...�...-.�..�..�- � "OFfi�tAL SEAL'� S L._ ' I � CHR1STiNE ZARFTS�CY � �'�� Notiry PubGe, St�t� of ilGnois S istine Zaretsky, ot ry Publi My Cammissian Expir tober 7, My Gmm��tion E:pin� 10•7•96 � "'"�""'�'""�"""'�""'�'!'CflTlf I CATE 57ATE OF ILLINOIS ) COLINTY Of COOIC ) I, the undersigned, Secretary of YASNINGTON INTERNATIONAL INSURANCE COMPANT, an ARI20NA Corporation, DO HEREHT CER7IFY that the fore9oing and attached POLIER OF ATTORNET remsins in full force and has not been revoked, and furthernare that Article III, Seetion 5 of the By-La�s of the Corporation, and the Resotution of the Boa�d of Direetors, set forth in the Pouer of Attorney, are now in force. Sipned and sealed in the County of Cook. Oated �S r}, , o , 19„�_. Les�is M. Moeller, Secretary