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HomeMy WebLinkAboutRES.1003.11-21-1994 �e J BILL NO. 94-300 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MONROE PLUMBING AND HEATING COMPANY, INC. FOR THE SOUTH WALKER BRANCH III SEWER RELOCATIONS 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 an Agreement with Monroe Plumbing and Heating Company, Inc. for the South Walker Branch III Sewer Relocations. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS . �' �%::;� DAY OF �� /t „'��i�r6 ; ����� , 19 �'�� A. M. Spradling, II Mayor ATTEST: � ; /�"e z 1k'��.'7 �11 r.C��<'f, Gayle L. Conrad Deputy City Clerk CITY OF CAPE GIRARDEAU SOUTH WALKER BRANCH 11l SEWER RELOCATIONS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 1ar day of L�E�rr,[3�e in the year 19� by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Monroe Plumbing and Heating Co.(hereinafter cailed CONTRACTOR). 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: The work to be performed under these Contract Documents shall consist of the construction of a short length of 8" sanitary sewer with a duplex grinder pump lift station and 3"force main at Kingsway Drive along with the construction of a twin encased 10" pipe inverted sewer siphon with a short length of 12" sanitary sewer at Joanne Street to replace existing sewers along Walker Branch, with appurtenances. 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 ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within seventy-five (75) 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 paymerrt in accordance with paragraph 14.13 of the General Conditions within ninety {90) days after the date when the Contract Times commence to run. A-1 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 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 proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars 20 . 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 readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Dollars 100.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. 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 paragraph 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 UNIT PRICES Seventy-six thousand eight hundred twenty-six and 49/100-------------------------------------------------------------------------------------$ 76.826.49 As provided in paragraph 11.9 of the General Conditions estimated 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 Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in acxordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER 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 CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be A-2 measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percerrtage 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°0 of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine 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 remaining 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 incorporated in the Work (but delivered, suitably stored and accompanied by documentations 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 CONTRACTOR to 95% of the Contract Price (with the balance being retainage), 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 provided 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 makes the following representations: A-3 7.1 CONTRACTOR has examined and carefuliy studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 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 furnishing 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 fumishing 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 CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated 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 conditions (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 safety 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 known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. A-4 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 CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and fumishing of the Work. Article 8. CONTRACT DOCUMENTS. 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 Pertormance, 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 SC-5 , inclusive). 8.7 Specifications bearing the title South Walker Branch III Sewer Relocations 8.8 Drawings. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR's Bid 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 are 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). A-5 There are no Contract Documents other than 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. 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 party 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 restriction may be limited by law), and unless specifically stated to the contrary 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 Contract 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 and 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. A-6 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, initialsd or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on D�c,Em��. I , 19`�which is the Effective Date of the Agreement). OWNER Cit of Ca e �irardeau CONTRACTOR� a-��—�''� ���1�.�- � `�'Y� i b'' ��; � - ��— %' �- v��� ,�_� ,.vyc,-,l.`2< ..ij � �d C1-�� .,�� � 6 p ' B J. Ronald Fischer B Daniel H. Monroe y� y� [CORPORATE SEALJ [CORPORATE SEAL] � Attest Attest��,;, � ,ti��� �"?n ����,���-� ayle L . Conrad J�b A Monroe Address for giving notices Address for giving notices 401 Independence �treet 366 Tunica Lane Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 (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. Daniel H. Monroe (If CONTRACTOR is corporation, attach evidence of authority to � sign.) A-7 CITY OF CAPE GIRARDEAU . SOUTH W.4 LKER BRANCH/// SEWER REL OCA T/ONS BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The construction of a short length of 8" sanitary sewer with a duplex grinder pump lift station and 3' force main at Kingsway Drive, along with the constructions of twin encased 10° pipe inverted sewer siphon with a short length of 12" sanitary sewer at Joanne Street to replace existing sewers along Walker Branch, with appurtenances. THIS BID IS SUBMIITED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63701-6244 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 to perform and furnish 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 conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day 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 submitting 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: �List Addenda by Addendum Number and Date) Addendum ��1 October 25,1994 BF-1 (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 furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, perfonnance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorarions 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 identif'ied 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 data" contained in such reports and drawings upon which BIDDER is entided to rely as provided in paragraph 4.2 of the General Cond.itions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidd.ing Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data conceming conditions (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 BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional exanunations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance 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. (fj BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, invesdgations, explorations, tests, studies and data with the Contract Documents. � (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. BF-2 (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 indirecdy induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person,fum 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. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): UNTT PRICE BID TOTAL ESTIMAT'ED LTNIT EST. NO. ITEM IJNIT QUANTITY PRICE PRICE 1 8" Gravity Sewer L.F. 70 $ 48.00 $ 3,360.00 2 12" Gravity Sewer L.F. 27 $ 52.07 $ 1,405.89 3 3" Ductile Iron Force Main with MJ Fittings andClean Out L.F. 189 $ 85.00 $ 16,065.00 4 Twin Parallel Concrete Encased 10" D.I. Inverted Siphon Pipes L.F. 133.6 $ 175.00 $ 23,380.00 5 Standard MH Each 1 $1200.00 $ 1,200.00 6 Special Inverted Siphon MH Each 2 $3236.00 $ 6,472.00 7 Sewer Tie in to Existing MH and Reworking Invert Each 2 $ 350.00 � 700.00 8 Grinder Pump Lift Station, complete with start up and testing L.S. $12.084.00 $ 12,084.00 9. Bypass Pumping Required for Inverted Siphon Tie-In L.S. $ 1240.00 � 1,240.00 10 15" Culvert Pipe L.F. 40 $ 15.00 $ 600.00 11 Pavement Removal & Replacement L.F. 59 $ 72.00 $ 4,�4A:n� 12 Pavement Removal & Replacement with 8"Type 1 or 2 Aggregate Base Surfacing L.F. 9 $ 15.00 $ 135.00 BF-3 13 Earthwork at Lift Station Site L.S. $ 1,000.00 $ 1•,000.00 14 8"Type 1 or 2 Aggregate Base Surfacing �p at Lift Station Site S.Y. 137.4 $ 9.00 $ 1,236,'6�Q 15 Cutting and Removal of Existing 8" D.I. Sewer at Box Culvert walls, complete L.S.. $ 400.00 $ 400.00 16 Tree Removal L.S. $ 500.00 $ 500.00 17 Traffic Control L.S. $ 800.00 $ 800.00 18 Rock Excavation C.Y. 10 $ 200.00 $ 2,000.00 TOTAL BID FOR ALL UNIT PRICES 576,825.89 (g �� � ) '7�,8��.�9 Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within 75 calendar days after the date when the Contract Times commences to n.,n 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 within 90 calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure 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 Security in the form of bid bond or cashiers check (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: Name naniPl H. Monroe President/Monroe P1Lunbin� and Heating Co. Address 366 'Ilznica Ln� Cape Girardeau. MO 63701 BF-4 , t (a) Pertormance and Payment Bonding Company Name Washington International Insurance Co/ Addt'ess 1930 Thoreau Dr. Scha.Lunburg, IL 60173 Agent\Power of Attorney Name (if used) Address 8. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on . 19 State Contractor License No. IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnershi� BY (SEAL) (Firm Name) (General Partner) Business address: Phone No.: A Comoration By MONROE PLUMBING AND HEATING C0. (SEAL) (Corporation Name) Mi���tiri (State of Incorporation) ,�': :""',�,. •� �� '���•, y,:::i c- ,h Y i,- ,. ;•',,�i �,cc.-eac«..'.,';y•i . � :+/�`T�`!y��.L I�,��;,�a��-y �. BL'�J rj• r}' ti :•�i. •s'�'� ^r ` � _„� � : C"' ° - r . r ' , J f By na,,;P1 H_ M�nme Presi_dent cl: � �t-�,,�-i,l ��? c-�,,��z�� ��EY�L) - b (Name of Person Authorized to Sign) �=.�°� �'� . - President ���:. - (Title) (Corporate Seal) Attest � (Secretary) Business address: 366 Tunica LN Cape Girardeau, MO 63701 Phone No.: (314)334-4180 Date of Qualification to do business is d'� , i � � � A Joint Venture By (SEAL) (Name) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joirrt venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BF-6 . . � � 9 BID BOND AA Conforms with TM Am�rican Irsstitut� of Archit�cts, A.I.A. Dowm�nt No. A-310 KNOW ALL BY THFSE PRESE?VTS, That we, Monroe Plumbing and Heating Companv 366 Tunica Lane Cape Girardeau, Missouri 63701 as Principal, hereinafter called the Principal, andthe Washington International Insurance Compan , 1930 Thoreau Drive � of Suite 101, Schaumburg, Illinois 60173 (708) 490-1850 , a carporation duly organized under the (aws of the State of Ar iz ona ,as Surety,hereinafter called the Surety,are held and firmly bound unto City of Cape Girardeau Cape Girardeau, Missouri as Obligee, hereinafter called the Obligee, inthesum of Five Percent of the Amount Bid--------------------------------------------- Dollars (S 57 of Amt. Bid-- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,succassars and assigns,jointly and severally,firmly by these preseats. WHEREAS, the Principal has submitted a bid for South Walker Branch III Sewer Relocation NOW, THEREFORE, if the Obligee shall accapt the bid of the Principal and the Principa! shall eater into a Contract with the Obligee in accordance with the terms of such bid, and give such bond oc bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the pcompt payment of labor and materia! fumished in the prosecution thereof, or in the eveat of the failure of the Principal to enter such Contract and give such bond or bonds, if the Priacipal shall pay to the Obligee the difference not to esceed the penalty hereof betweea the amouat s�pecified in said bid and svch targer amount for which the Obligee may in good faith contract` ' with another party ta perform the Work covered by said bid, thea this obligation shall be null and void, otherwise to°ry�a�Y,ain ;,, ' ,� ,���, _ ,� in full force and effect. . : Signed and sealed this lOth day of November ; :; 19 9l� : Monroe Plumbling and • � HeatinQ Com�anv ' ���� , �.J�'ru-�' F s►c'i��l W itness � �' �Z'n2�'`- '—T Title � Washin ton Inte national �. Ins c Co y W itness By Ta a S. �o man Attorney-in-Fact AI SCrSUEP 2/91 PRINTED IN U.S.A. a � . , Gerxra l VASHINGTON INTERNATIONAL IMSURANCE COMPANY POWER OF ATTORNEY KN04 ALL MEN BY THESE PRESENTS: That the Yashington Inter�ational [nsurat�ce Cortpany,a corporation organized and existing under the taws of the State of Arizona, and having its principal office in the Villa9e of Schaunburg, tllinois, does hereby constitute and appoint • • MICHAEL A. BOUCHER, DENNIS 0. fLATNESS, TAFFRA S. NOLMAN, GART L. LACK ' • * * DENNIS Y. LUTZ, BARBARA M. STRAUB ANO THOMAS R. 1JELSCH ' • its true and lawful attor�ey(s)-in-fact to execute, sesl and deliver for and on its behslf es surety, any and all bo�ds and �ndertakings, recognizances, contracts of indamity and other writings obligatory in the nature thereof, whieh are or may be slloued, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such inst nmentCs) in pursua�ce of these presents, shall be as binding upon the said washirgton International Insurance Ca�any as fully and amply, to all intents and purposes, as if the same has been duly exetuted and acknowledged by its President at its principat office. This Po�er of Attorney shatl be limited in amant to 52,000,000.00 tor any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 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 them to execute on behaif of the Cor�arn, and attach the Seal of the Cortpany thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Speciat 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-la�s of the Compsny, and to rertave, at any time, any such Attorney-in-fact or Speciat Attorney-in-Fact and �evoke the authority given him." 2. The signatures of the Chairman of the Board, the Presidmt, Viee Presidmt, Assistant Secretary, Treesurer and Secretery, and the corporate seal of the CortQany, mey be effixed to eny Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Po�er of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile senl affixed in the ordinary course of business shell be valid and bindiny upon the eortQsrry. IN TESTIMONT 4HEREOF, the Yashington international Insuranc Cortpeny has caused this instr�ment to be signed and its corporate seal to be��� its authorized officer, t 7th da of October, 1992. � �le��l y�� 4ASHINGT M A ONA INSURANCE COMPANT $h��`�,,....,,�.•���I e�r CORPORAT�;�z b� �� . � n � Stevm P. son, Vice President o : S EAL ; � . STATE Of lLLI�Kv��i��ONA�� O! COUNTT Of Ct��i '••...•• a�o On this 7th day o�����0!?2, before me eame the individual who executed the preceding instrunent, to me pe�sonslly known, and��ng by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Caiparry; that the seal affixed to said instrunent is the Corporate Seel of said ��rn; 1N TESTIMONY YHEREOF, I have hereunto set ary hand and affixed ary Official Seal, the day and yesr first above wri ttm. ..,.-.�..�..�-.,.-..-.�•.�-.�-....._.-..�. 1 "OFFIGtAL SEAL" S �„ " S CHAlSTINE ZARETS.KY S «-u�-� � Not�ry PubGc. Si+t� of IlGnois � �scine zarecsky, ot Fubli My Comaission Expir s tober 7, 6 My Canm���ion Expir�: 10•7•96 S r�'�'r"r""'�.'�"1.'r"�'ttRR f I CATE STATE OF ILLINOIS ) COUYTT Of COOK ) I, the undersigned, Seeretary of WASHINGTON 1NTERNATIONAL lNSURANCE COMPANT, an AR120NA Corporation, DO NEREBY CERTIFT that the fo�egoing and attached POUER OF ATTORNET remsins in full force end has not been revoked, and furthermore thet Article I1I, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are nor in force. Sipned and seeled in t�e Canty of Cook. Dated lOth o November , 1994 Lewis M. Moeller, Secretary