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HomeMy WebLinkAboutRES.1545.02-07-2000 BILL NO. �000-�? RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COTNER ELECTRIC, FOR THE WASTEWATER TREATMENT PLANT STANDBY POWER SYSTEM 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 Cotner Electric for the wastewater treatment plant standby power system. A copy of said Agreement is attached to this Resolution and made a part hereof. � fh PASSED AND ADOPTED THIS � DAY OF ' c L , 20 (� � , A. M. Spradling, III, M yor ;.ATTEST: �° , r _ s' �ayl L.` Conrad, City Clerk ; r r. r STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE EJCDC No. 1910-A-8-1 (1990 Edition) THIS AGREEMENT is dated as of the ��`��day of Februarv in the year 2000 by and between the City of Cape Girardeau, Missoun (hereinafter called OWNER) and_Cotner Electric Co.. Inc. (hereinafter called 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 installation of a 1,000 KW standby generator system for the Wastewater Treatment Plant for the City of Cape Girardeau, Missouri. 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 sixt 60 calendar days after the generator is delivered to the project site, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within ninety (90) calendar days after the generator is delivered to the project site. [REVISED ACCORDING TO EXHIBIT A, ADDENDUM No. 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 $200.00 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 readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars $200.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. A-1 r . � 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 4.1 and 4.2 below: 4.1 for aii Work other than Unit Price Work, a Lump Sum of: Three hundred thousand dollars ($300,000.00 ) 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: �$ ) 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 accordance 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 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 numberof 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 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°/a 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. A-2 > 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 shatl 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: 7.1 CONTRACTOR has examined and carefully 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 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 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, A-3 , 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. 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 furnishing 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 6 inclusive). 8.2 Addendum No. 1 marked Exhibit A . 8.3 CONTRACTOR's Bid (pages 1 to 4 , inclusive) marked Exhibit B . 8.4 Performance, Payment, and other Bonds, identified as Exhibit_and consisting of_pages. 8.5 Notice to Proceed. 8.6 General Conditions (pages 1 to 55 , inclusive). 8.7 Supplementary Conditions (pages SC-1 to SC-4 , inclusive). 8.8 Specifications bearing the title STANBY GENERATOR SYSTEM 8.9 Drawings bearing the title STANDBY GERNERATOR SYSTEM (3 SHEETS) 8.10 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. A-4 ♦ 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 �aw), 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-5 r 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 CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on �bruc.rv Z 5 , 2000 (which is the Effective Date of the Agreement). OWNER CONTRACTOR Ci �of Ca e Gi rdeau Missouri Cotner Electric Companv Inc. Michael . ' r Cit Mana er Keith W. Cotner, Vice President � --- _._._�_. _ . � � � � � K = � � � .� By' By� ��-!�• ���!1 �=• �� [CORPORATE SEAL] [CORPGRA�"� �AL] ( � Attest � � Attest � . � -t" ,� Address for giving notices Address for giving notices 401 Independence Street 2049 Southern Expresswav 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.) (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-6 . EXHIBIT A s 573-243-4080 ��'ZCC'i2LClYLQ �YZ LYL��'ZLYL FAX - 243-2191 9 9 • THOMAS H. STRICKLAND, P.E. - CONSULTING ENGINEER ' P.O. BOX 159 • 1 1 3 W. MAIN • JACSCSON, MO 63755 January 21, 2000 ADDENDUM NO. 1 PROJECT: STANDBY GENERATOR SYSTEM CAPE GIRARDEAU WASTEWATER TREATMENT PLANT CITY OF CAPE GIRARDEAU, MISSOURI NOTICE: The original BIDDING DOCUMENTS (PROJECT MANUAL WITH SPECIFICATIONS AND DRAWINGS) for the PROJECT dated December 15, 1999, shalf be changed as specified in this ADDENDUM NO. 1. All requirements of the original BIDDING DOCUMENTS shail appiy to � each item of this ADDENDUM NO. 1, unless specifically changed by ADDENDUM NO. 1, ADDENDUM NO. 1 INCLUDES three (3) items as listed below: 1. CONTRACTOR'S BID FORM, ITEM 5 The following dates shall change as follows: Substantial completion = 60 days after delivery of generator to PROJECT site. Final completion = 90 days after delivery of generator to PROJECT site. 2. SPECIFICATIONS, DIVISION 16B, PARAGRAPH 2.2.1 The paragraph shall be revised as follows: "2.2.1. The alternator shall be a 4-pole revolving field type, 12 lead, wired for 277/480 VAC, three phase, 60 Hz rated at 1020 KW with a brushless, PMG exciter capable of 1040 Kw at� 130 deg C rise and �8 2500 Skva with a 30°/o maximum voltage dip. Photosensitive components will not be permitted in the rotating exciter. The stator shall be direct connected to the engine to insure permanent alignment. The generator shall meet temperature rise standards for Class "H" insulation, operate within Class "F" standards for extended life. All leads must be extended into an AC connection panel. The alternator shall be protected by internal thermal overload protection and an automatic reset field circuit breaker." 3. A COMBINATION AUTOMATIC TRANSFER SWITCH, UTILITY SERVICE SWITCH, AND GENERATOR C►RCUIT BREAKER may be submitted for use on the PROJECT provided the product meets the requirements of the PROJECT MANUAL WITH SPECIFICATIONS AND DRAWINGS and the NATIONAL ELECTRIC CODE clearance requirements. The product must be recommended for use by the manufacturer and installed per tfie requirements of the manufacturer's shop drawings. END OF ADDENDUM ,u-°c���.`" . EXHIBIT B CONTRACTOR'S BID FORM EJCDC No. 1910-18 (1990 Edition) PROJECT IDENTIFiCATION: Standby Generator System for the Wastewater Treatment Plant THIS BID IS SUBMITTED TO: City of Cape Girardeau, Missouri 401 Independence Street Cape Girardeau, MO 63701 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and fumish 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, incfuding without limitation those dealing with 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: � Addenda Number Date of Addenda 1 January 21, 2000 (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 fumishing of the Worfc; (c) BIDDER is familiar with and is satis�ed as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and fumishing of the Worfc. (d) BIDDER has carefully studied all r�ports 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. 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 � ..F A � . BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. 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 compieteness of information and data shown or indicated in the Bidding 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 fumishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and p�ocedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, 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. (fl BIDDER has correlated the information know to BIDDER, information and observations 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. (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 fumishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, �rm 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 indirecUy induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced arty 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. 4. BIDDER will complete the Wo�C in accordance with the Contract Documents for the following price(s): . Thr�e Hundred Thousand Dollars & No Cents Use words ($ 300,000.00 �. — Figures 5. BIDDER agrees that the work will be substantialiy completed within �� calendar days after the date when the Contract Times commence 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 within 165 days after the date when the Contract Times commence to run. 6. The following documents are attached to and made a condition of the Bid: (a) Required Bid Security in the form of Bid Bond (b) Required BIDDER'S Qualification Statement with supporting data. (c) Manufacturer/supplier of standby generator system Generac Power systems / Mike`s Inc. . Materials list . Brochures . Specification sheets 7. Communications conceming this Bid shall be addressed to: Cotner Electric Co. , Inc. 2049 Southern Expressway Cape Girardeau, Missouri 63703 (573) 335-8110 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. 9. This bid is submitted on January 27 , �g 2000 , 10. State Contractor License No. IF BIDDER is: An Individual By (SEAL) - (Individual's Name) doing business as � . Business Address Phone No.: A Partnership By (SEAL) (Firm Name) (General Partner) Business Address: Phone No.: A Corporation By Cotner Electric Co. , Inc. (Corporation Name) Missouri / (Stafe of�n,� corpor _)� gy Keith Cotner �, � �_�� L����, (Name of person authorized to sign) VicP President (Title) (Corporate Seal) � j G� Attesi �- 1(<` .o—'�Lc��S " (Secretary) Business Address: 2049 Southern Expressway Cape Girardeau, Missouri 63703 Phone No.: (573) 335-8110 A Joint Venture By (SEAL) (Name) � (Address) By • (SEAL) (Name) (Address) (Each joint venture 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). 4 of 4 UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS,IOWA BID BOND Approved by The American Institute of Architects,AI.A Document No.A 310 February 1970 Edition Kr•iowA��MsrvBYTHEsePaESEr�rr�s, thatwe Cotner Electric Company, Inc. 2049 Southern ExpresswaY, Cape Girardeau, Missouri 63703 as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety,are held and firmly bound unto Cit� of Cape Girardeau 401 Independence St. , Cape Girardeau, Mo. 63701 as Obligee,hereinafter called the Obligee, in the sum of *5� of Bid Amount* Dollars ($ *57 of 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, successors and assigns, jointly and severally, firn11y by these presents. WxER�s,the Pnncipal has submitted a bid for Standby Generator System for Cape Girardeau Wastewater Treatment Plant Now, TrtEReFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or 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 prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such conkract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof betwee� the amount specified in said bid and such lazger amount for which the Obligee may in good faith coniract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to �emain in full force and. effect. Signed and sealed this 27th day of January A D.� �000 , /� COTNER ELECTRIC COISPANY, INC. (Seai) � � . /;1']�� ,n p� , (PRINCIPAL) l.d�..v��v v 1 � `'� j � (wfi't�SS) )�� � W. ��L(,� 1✓ /t'C-� �✓l� � � (T['PLE) UNTTED FIRE &CASUALTY COMPANY (Seal� c����_�—.�,�t � B _ p ,!/ ,�e,o��� y �� l/`�ii ----- ----- •-- --. _. . . ,. , (ATTORNEY-IN-FACi'1 ' ACKNOWLEDGM�NT OI' SUR�TY State of Missouri County of Cape Girardeau On this 27th day of Januarv . 2����>� Personally appeared before me Mark A. Goodman who bcing duly sworn did dcpose and say tliat he/she is the attorney-in-fact of the United Fire & Casualty Company of Cedar Rapids, lowa, that the seal atifixed to the attached instnunent is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Mark A Goodman : acknowledged that he/she executed said instnnnent as such attorncy-in-fact and as the free act and deed of said Corporation. t�UP1C`(SiRAUs6t Notcry Publ'�c-Notary Seal State of Missourt Cape Gir�deou Camty My Commission 6cpires Jun 2A.2003 Notary ublic UND-2031 b • � UNITED FIRE & CASUALTY COMPANY . HOME OFFICE - CEDAR RAPIDS, IOWA • CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of lowa, and having its principal office in Cedar Rapids, Stale of lowa, does make, constitute and appoint CHARLES W . DECKER , OR SHARON GLASCO, OR ALAN Fi . RAUSENBERGER, OR WILLIAM TALLMAN , CARBONDALE , IL , OR TODD A . WARD , OR MARK A . GOODMAN , OR PRISCILLA B . HUNTER , OR CHRISTIE ADAMS , CAPE GIRARDEAU , M0 , ALL INDIVIDUALLY of P 0 BOX 849 CARBONDALE IL 62903 its true and lawfui AttorneYls)-in-Fact with power and authorilY hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and otlier obligatorY instruments of similar nature as follows: �NY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were si9ned by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all ttie acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. unless sooner revoked. The Authority hereby granted shall expire M�y 6 t tt 2 0 0 1 This Power of AttorneY is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Articie V - Surety Bonds and Undertakings." Seclion 2,Appointment ol Attorney-In-Facl."T��e Presidenl or any Vlce Presidenl,or any olher ollicer o��he Compa�iy,may,Irom time�o time,appoint by wrillen ceriiilcates a�iorneys-in-lact to act In beliall ol ilie Cornpany In Il�e execuilon of policles ol Insurance, bonds, undertakings and other obligatory inslrumenls ol Ilke nalure. The si�n�twe ol any officcr aulhorized hereby, and Ihe Corporale snal, may be alfixed by lacsimile to any powerol aUor�ey or speClol powe�ol aliornay or ce�tlllca�lon ul elther nulhurized hereby;such slgnaturo and seal.when so used,being adop�ed by Ihe Company as the orlginol slgnaWre ol such olllcor and�he o.lyinnl sr.ol ol�ho Company.lo be valld and b6�dlny upon ihe Company wllh ihe same lorce and ellect as thougli manually alllxed.Sucli allorneys�in-laci,subjecl lo Ihe Ilmltalions sel lor�h I��I�eir respective certllicates ol aulhorlty shall have lull power to bind Ihe Cornpany by Ihelr signalure and execution ol any such Insirumenls and lo al�ach the seal ol Il�e Company therelo.The Presideni or any Vice President,ihe Board ol Dlreciors or a��y olher ollicer ol Ihe Compairy rnay al any lime revoke all power and aulhority previously given to any attorney-in-fac�. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents „���„n�� to be signed by its assistant vice president and its corporate seai to be hereto affixed this ��k�-y'� 6th day of MAY ,A.D. 1999 �� ° C0110/A1E�� � '"' �_ UNITED FIRE & CASUALTY COMPANY � lIZJL .rc � �.,. • ��u�;``,,`. BY � Assistant V e Presiden[ State of lowa, County of Llnn, ss: On this 6th day of MAY 1999, before me PersonallV came Jeffrey A. Chapin to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of lowa; that he is ar Assistant Vice President of lhe UNITED FIRE & CASUALTY COMPANY, ttie corporacion described in a�d which executed the above instrument; that he knows the seal of said corporatio�; that the seal affixed to the said instrument is such corporatec seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed hi: name thereto pursuant lo like autfiority, and acknowledges same to be the act and deed of said corP,Qrati� �� C ` CU � _ Notary P lic � SHEFIYLA.MCVAY My commission expires March 4 xh� 20( '� MY COMAtISSION E%PIRES CERTIFICATION tilarcfi 4.2000 I, the undersigned officer of the UNITED FIRE & CASUA�TY COMPANY, do hereby certify that I have compared the fore9oin�. copV of the Power of Attorney and affidavit, and the coPY of the Section of lhe BY-l-aws of said Company as set forth in sai� Power of Attorney, with the ORIGINALS ON FILE IN THE hiOME OFFICE OF SAID COMPANY, and that the same are correc transcripts thereof, a�d of the whole of the said originals, and that the said Power of Attorney has not been revoked and i now in full force and effect. `�;,,,�„R��� In testimony whereof I have hereunto subscribed my name and a ' ed the corporate seal of the s� yr`�,��k��: Company this 27th day of January k�2000 ° COIf OIAiE�� � � •_. �!�� a�AL �, ,.�D �..�,: ecretary V��►.��.d �4u�ua�� ' U1VI`T�D �I�Z� d� ���U�L`TY��R���1VY UIVIT�I� L.I�� ITVSU�1�� ���I��NY 11� S���ND ���IU�, 5.�., �.�. $�� �'���� ��D�� ��II�S�, I��i� v2�(�`7 NOTICE TO h�11SSOURI SURETY BOND HOLD�RS Should you have a questions about your bond or policy, please contact your insurance agent tirst. If you are unable to contact or obtain information from your agent, you may contact our company at address and phone number below: UNITED FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 1-8U0-343-9130