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HomeMy WebLinkAboutTerry ContractingGREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JOSHUA Y. HORTON Supervisor Town HaLl, 53095 Route 25 P.O. Box 1t79 Southold, New York 11971-0959 Telephone (63D 765-1889 e-marl: ~e g,yakab _osk/~v,,rown.southol~ ma~.w~mw~ southotd.nvx~ OFFICE OF TIlE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Elizabeth A. Neville Town Clerk From: Mary C. Wilson, Esq. Assistant Town Attorney Date: Jan'uaw 2, 2002 Re: Terry Contracting and Materials, Inc. w/Town of Southold Betty: Attached, please find the following: · Certified copy of resolution #825 of 2001 adopted December 4, 2001 · Three (3) copies of agreement between the Town of Southold and Terry Contracting and Materials, Inc. dated November 2001 · Original Performance Bond dated December 11, 2001 Kindly distribute the contracts as suggested by the engineers at H2M Group ~n their letter dated December 5, 2001 (copy included). Please note that I have retained a copy for the Town Attorney's file and Mr. Terry kept one for himself. Thank you. Mary /md encs. December 5, 2001 Gregory F. Yakaboski, Esq. Town Attorney Town of Son[hold 53095 Main Road Sou[hold, New York 11971 Holzmacher, McLendon & Murrell, PiC. · H2M Associates, Inc. H2M Labs, Inc. · H2M Construction Management, Inc. 575 Broad Hollow Road. Melville, New York 11747 (631) 756-8000, Fa>c (631) 6944122 e-mail: h2m@h2m.com web: www. h2m.com Re: Soutliold Solid Waste District Yard Waste Composting Facility Conformed Contracts SOHT 01-01 Dear Mr. Yakabowski: Enclosed are five (5) copies of [he conformed contracts for [he above referenced project. The bids for [he project were opened on November 29, 2001 and [he Town Board awarded [he project to [he lowest responsible bidder on December 4, 2001. After execution by Supervisor Cochran and the contractor, we suggest distribution of [he copies as follows: 2. 3. 4. 5. Town Attorney's Office Town Clerk's Office Solid Waste Coordinator James Bunchuck Holzlnacher, McLendon & Murrell, P.C. Terry Contracting & Materials. Inc. The contract documents include [he total lump sum bid of $321.000.00. The contact person for [he contractor is Bob Terry, President ar (631j 727-0170. Please call me at 756-8000, Exension 1610 if you have any questions concerning thig letter. Very truly yours. HOLZMACHFR, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD:hap Enclosures CC; Supervisor Jean W. Cochran Town Board Elizabeth A. Neville James Btmchuck P:\GVvI~\g~1205.doc TOWN A,,,T~OI:tNEY'S OFFICE TOWN OF sOUTFtOLD ELIZABETH A. i~EVILLE TOWN CLERK REGISTRAR O~ VITAL STATISTICS MARRIAGE OFFICER RECOP~DS MANAGEMENT OFFICEI~ FREEDOM OF II'rFO RMATtON OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 sou~holdt own.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO~ 825 OF 2001 THE ~REGULAR MEETING OF THE SOUTHOLD TOWN BOARD RESOLVED that the Town Board of the Tovo~ of Southold hereby accepts the bid of Ter~. Contra~g and Materials, Inc., Riverhead~ NY in the amount bf $321,006.00 for the deyelopment ora compost~site on land adjacent to the Southold Landfill, as. per specifications for same develop/ed by the Town, and be it Further RESOLVED that thc Town Board authorizes and directs Supervisor Jean Cochran to execute a contract with Terry Contracting for development of the compost site, subject to review and approval o£the Town Attorney and the Solid Waste Coordinator. Elizabeth A. Neville Southold Town Clerk THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond BONDNO:3SE994753 KNOW ALL MEN BY THESE PRESENTS: that TERRY CONTRACTING & MATERIALS, INC. 840 W. MAiN STREET, RIVERHEAD, NY 11901 as Principal, hereinafter called Contractor, and, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY 1 KEMPER DRIVE, LONG GROVE, IL 60049-0001 as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHOLD - TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEWYORK 11971 as Obligee, here nafter called Owner, in the amount of **THREE HUNDRED TWENTY ONE THOUSAND AND 00/100 Dollars (S *'321,000.00'* ), DOLLARS ** for the payment whereof Contractor and Surety bind themselves, their heirs, e~ecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement datecDECEMBER ll, 200119XX, entered into a contract with Owner for SOLID WASTE DISTRICT YARD WASTE COMPOSTING FACILITY (10 ACRES OF SITE PREP TO CREATE 1' THICK STONE PAD in accordance with Drawings and Specifications prepared by N/A which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 1 PERFORMANCE BOND HOW. THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Contractor shaft promptly and faithfully perform smd Contract, then this obliganon shall be null and void: otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be. and declared by Owner to be in defaplt u.nder the Contract. the Owner having performed Owners obligations thereunder, the Surety may promptly 'remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in ,ts terms and conditions, and upon de- ( Surety of the lowest resoonsible bidder. upon determination by the of the lowest responsible such bidder and ¢ [ (even a default succession of defaults under the contract or contract~, of completion arranged under this paragraph) sufficient funds tn pay the cost of completion less the balance of the conlract price; but not exceeding, including other costs and damages for which the Surety may be hable hereunder, the amount set forth in the first para§raph hereof. The term,.'balance of the contract price," as used in. this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount property paid by Owner to Contraclor. Any suit under th~s bond n'ms.~, be Jns!~tu~ed before the expiration o~ two (2l ye~afs from. the date on which final payment un~er U~e iContract fali~ ~Jue. No to or for the r than the Owner adminis- Signed and sealed this 11th day of DECEMBER 19 2001 TERRY CONTRACT]D~G & MATERIALS, INC. / GLENN GLUBIAK, ATTORNEY-IN-FACT 2 ACKNOWLEDGMENT OF CONTRACTOR/PRINCIPAL IF A CORPORATION STATE OF NEW YORK COUNTY OF ) ) SS.: ) On the day of came and say that he resides in of in the year 2001 before me personally to me known, who being by me duly sworn, did depose ; that he is the · the corporation described in and which executed the above instmmeng and that he signed his name thereto by authority of the board of directors of said corporation. NOTARY PUBLIC ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK COUNTY OF SUFFOLK ) ) SS.: ) On the 1 lth day of DECEIVlBER in the year 2001, before me personally came GLENN GLUBIAK to me known, who, being duly sworn, did depose and say that he resides atCOMMACK, NEWYORK , that he the Attorney-In-Fact of AMERICAN MANUFACTURERS MLrI~AL INSURANCE COMPANY the corporation described in and which executed the above instrument; and that he signed his name thereto by order of the beard of directors of said corporation. JENNIFER L PRINCIPIO ~lotary Public, State of New York No. O1PRSO17514 Ouelified in Suffolk County COmmissiOn Expires Sept 7 0~' BLIC I 'emPeR. Home Office: Leng~reve, '1L,~60049 POWER OF AI'rORNEY ~o~o NO: 3SE994753 Know Alt Men By These Presents:. That the Lumbermees Mutual Casualty Company, ~heAmerican Motedsts insurance Company, and the Amedcan Menutactumrs Mutual nsurance Combeny corporations orgenized~nd exsfing underthe~l~s0f the State of [tEn?is, having their principal office in Long, Grove. illinois, (hereinafter collectively referred ;to as,the Company ) do hereby'appoint . ' , · ~" · ' ' ' .... ' EACH ............ Glt~nn G ubiak, Rober[~Mastranton o and Jenmfer Spad~'o o[,Ha~ppauge~ New Yo~( ) their t~e ar~ awf~ agent(s) and attorney(s)- n-tact to make, execute, sea, and deliver during the pedod beginning wi~ the date of issuance Of this power end ending on the date specified, below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any a~d alLl:~nds ' *********************** end,undertakings EXC~Pq ~:Ol'.b~NO AU~O~ITY~L~.:,~B~d~ to m~ke~ ex~cu,t~, ~e~t, 'and d~Ever aay bond o?und,er~king w,hich~ gu ,am[~tees ~e PaymePt, or ' ' , *coEecti~n of any I~/ni~s0~ r~ote, c~, eck draft'o~etterof c~.ht 1 7ih s ~,.~d~as oo[p~t th~1~a~e,i~b ga~,'~.,b to b~ ~pEt nto bv~o oi~0~ bonds in o~er to bring each~ l:~d w~i? the do,ar IrmR This appaintment may be ravoked atany ~tne by the Company. The execution of such bend,S and unde ~r~,!ng,~jr~ purspance of the,se presents shall be as bio,ding upon the said Cpm, par~y as~ f~lly and amply to a~t intents and purposes, as if the same had been duly executed end acknowledged by their regularJy elecE,,d officere ?,thek'pd~cipal Long Grove, ~ilmo~s. This Power~ ~f Attorney is executed by authority of resolutions adopted by the ExeCUtive Committees of the Boards of Directors of the Company on February, ~.3,il988 etCh[cage, Illinois, true and accurate cop[es of which are hereinafter set forth and arehemby certified to by the undemigned~e~retary as being in full force and effect: "VOTED, Tibet theChairm~n of the Board, the President,_ or any Vice Pmsidem, or their appointees designated in writing and filed with · the Secreiaq/, or ~e Secretary shaft have the power and authority to appoint agents and aftameys-in-fact and to authorize them to execute on behalf of the~ Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other wdtir~s, obligatory in the naJure thereof, and any suc~ officers of the Company may appoint agents for acceptance of process.~ This Power of Attorney is signed, sealed and ce~fied by facsimile under and by authority of the following resoluttun adopted by the Executive Committee df the Boards of Directors of the Company at a meeting duly called ~nd held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board. the President, any Vice President, or their appointees designated in wdting and fi[ed with the Secl~tary, and the signature of the Secretary, the seal of~e Company, and ce~ficetians by the Secretary, may be affixed by facsimtie on any power of attorney or bond executed pursuant to resolution adopted by the Executive ~ommittee of the Bcer~J of Dkectors on February 23, 1988 and amy such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." : In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this FebruaBr 14, 2000. Attested and Certified: Lumbermens Mutual Casualty Company American Motufists Insurance Company Amedcan Manutacturers Mu~uat insurance Cbmpany Robert P. Hames. Secretary by J. S. Kemper, Itt, Exec. Vice President Alv~RICAlq MAbUJFA~ NfUTUAL INg _UI~qCE COMPJ~NY FINANCIAL STA~ DECEIVi~ER 31, 1999 Cash ia banks Bomch'owned qh:emiums hi cma'se of a~.ccro,¢d illter~S~n~d other assets $ 4,250,398 483,159,407 91;059,245 141,586,407 93374,567 Total Liabilities $8i3~0;024 $355,346,495 92~942;043 Total $536,629,991 Surpk~ as regaxds policyhetO, ers Tomt. Vici~ Premi~tent ofAccdmx~ng S~ces Stat~ of Illinois) ) SS 276.~00,033 $813,230,024 :] Coumy of Lake) .[ B. A_ Co~trtin and L K. Conway, berg d~y swo~ say ~t ~ey ~e Vi~ President ofAcco~ S~ces ~d Se~e~, md co~ smt~ of~ ~n..~ con. on ofs~d co~y, u ofDece~ ~1, 1999. S~s~bed ~dsw~ * "O~IClAL SEAL" * · KATHLEEN J, WUR~ * ~ Noxa~ Public, State of Illinois e ~ MV Commissio~ ~ptres 7/1 ~O2 ~ ,x · J State of ) Cowry of ) before me personally came to me known, who duly sworn, did depose and say that , he is A~am~y-in-Facr of the Alv~RICAN lV~AC'~ tv~ EqSU~CE COMPAN~f the Corporaxicn cloSe.bed in and which executed the attached immame=t; tha, t he knows the corporate seal of the said Corporadem that the seal affixed to the said instrument is such corporate Seal; and that it was so affixed by order of the Board of Directors of the said Corporation, and he Signed his/her ~am~. thereto by Kke order. NomryPub~c THE AMERICAN INSTITUTE OF. ARCHITECTS AIA Document Labor and Material Payment Bond TN!S BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BONO IN EAVOR OF THE O%~NI~R CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT BOND NO: 3SE994753 · KNOW ALL MEN BY THESE PRESENTS: that TERRY' CONTRACTING & MATERIALS, INC. 840 WEST MAIN STREET, RIVERHEAD, NY 11901 as Principal, hereinaiter called Principal, and, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY 1 KEMPER DRIVE, LONG GROVE, IL 60049-0001 as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHOLD - TOWN HALL 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 as Obligee. hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of **THREE I-IUNDRED TWENTY ONE THOUSAND AND 00/100 DOLLARS ** ¢.e,e ,,,~ert, s~, ~l to at lc,st one-hal~ ** ~e c*~.Kt ~acel Dollars ($ *'321,000.00'** ), for the payment ~.hereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement date~EC, EMBER 1~1, 2001>19 ~:, entered into a contract with Owner for SOLID WASTE DISTRICT YARD WASTE COMPOSTING FACILITY 10 ACRES OF SITE PREP TO CREATE 1' THICK STONE PAD in accordance with Drawings and Specilicalions prepared by N/A which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 · PERFORMA~qCE BONO AND LABOR AND MA1ERIAL PAYMENT BONO · A!A ~ FEBRUARY 1970 lED. · THE A~I~RICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVL, N.W.. WASHINGTON, D- C. L~0O0S 3 LABOR AND MATERIAL PAYMENT 'BOND '~OW. TH£REFCJRE THE CO~DITIO'~ O$ THIS OBLIGATION is such thai, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material u~ed or reasonably required for use in the performance of'the Contract, then this obhgat~on shall be void; otherwise it shall remain in full force and effect, subject, howe~er, to the fol- lowing conditions: '1. A claimant ,s de;reed as one having a direct con- accuracy the amount claimed and the name of the party tract w~th the Principal or wsth a Subcontractor of the 1o whom the materials were furnished, or for whom PrmopaJ for labor, matet~al, or' both, used or reasonably the work or labor was done or performed. Such notice required for use m the performance of the Contract. shall be sen,ed by mailing the same by regislered mail "abor and malerial being conctrued to include Ihat part of or certified mail, postage prepaid, in an envelope ad- water, gas power, hght. heat oil, gasoline, telephone dressed Io the Principal, Owner or Surety. at any place service or rental of eqmDment d~rectly applicable tc the where an office is regularly maintained for the frans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need ~ointtv and severally agree w~th the Owner that every not be made bv a public office~. claimant as herein del,ned ~..ho has not been paid in b) After lhe expiration of one (17 year following the full before the expiration of a l~eriod of ninety 190) date on which Prinopa! ceased Work on said Contract, days after the dare on which the last of such claimant's it be ng understood however, that if any limitation em- work or abor was done Or perCnrmed, or matena s were bodmd ~ thi? bond is'p~ohibited by any law controlling ~u~mshed b~, such c~a~mant, may sue on Ibis bond for the ~onstr~ction her&o;( such imitation shall b~e deemed the u~,~ of such claimant, prosecute the suit to final to be amended so aslo be ~quaJ to the minimum period judgr~ent for such ~um or ~ums as may be justly due of Ifmitalion permitteff by such law. clairr~ant at*d have execution thereon The Ov,-ner shall not be ha~)le lot the ~a~ment of ar~ costs or expenses state court of competent jurisdiction of any such su~t. Y or other political subdwision of or any part thereof, is District Court lot the 3 NO star or action .:hall be commenced hereunder or any part thereof is sit- by any cla'smant: uated, a a~ Unles~ claimant other than one having a d~recl contract ~,,.~Ih the Pt~nopal, .~hatl have given whiten 4. The amount of this bond shall be reduced by and not~ce to an'r tv.o of the following: the Principal, the to Ihe extent of any payment or payments made in good O~ner. or t~e Surets abo~e name(~ within mnety (901 faith hereunder, inclusive of the payment by Surety of days after such claimant d~d or performed the last of mechanics' liens which may be filed of record against the ~ork or la,or, or furnished the last olc the materials said improvemem, whether or not claim for the amount for wh*ch said claim ~s made. stating with substantial of such lien be presented under and against this bond. signed and sealed this llth day of DECEMBER 'Icj 2001 TERRY CONTRACTING & MATERIALS, INC. ~-(t~fh') AMERICAN MANUFACTURERS MUTUAL INSUP~NCE COMP~,~- GLENN GLUBIAK,:ATTORNEY-IN-FACT ', , ,;, } ' 4 ACKNOWLEDGMENT OF CONTRACTOR/PRINCIPAL IF A CORPORATION STATE OF NEW YORK COUNTY OF ) ) SS.: ) 0~ the day of and say that he resides in of in the year 2001 before me personally to me known, who being byme duly sworn, did depose ; that he isthe · the corporation described in and which executed the above instrument; and that he signed his name thereto by authority of the board of directors of said corporation. NOTARY PUBLIC ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK COUNTY OF SUFFOLK SS.: On the 1 lth day of DECEMBER in the year 2001, before me personally came GLENN GLUBIAK to me known, who, being duly sworn, did depose and say that he resides at COMMACK, NEWYORK , that he the Attorney-In-Fact of AMERIC,~2q MANUFACTURERS MUTUAL INSURANCE COMPANY the corporation described in and which executed the above instrument; and that he signed his name the~o by order of the board of directors of said corporation. JENNIFER L pRINCIPtO Notary Pubiic, State of New York No 01PR5017514 ~. Qua find in Suffolk County.. Commission Exp?S Sept., 0~' I 'emPeR. Home O~ce: Long Groove, iL ~0049 . POWER,OF ATTORNEY ]~0~9 ~0:3s~994753 ~ow All Men B~e~ Present: ~at ~ LamPoons Mural Caanei~ Company, ~e~eri~ Mof~s~th~mn~Compau~, and ~e ~ehcan Manu~mumm Mutual l~u~n~ C~ny, ~om~o~s ~gan[z~ a~ exi~Mng ~ ~e ~ of ~ O~ ~oj~ h~ ~eir principal ~ i~ Long Grove, ~t~n ~labJak, Ro~e~:~Sntonb ~d ~ennife~ Spad~m of ~au~e; ~ew York (~CH) .......... their true and lawful agent(s) and atterney(s)-in-toct, to make, execute, seal, and deliver during the period beginning with the date of issuance of th~ power and endint3 on the date specified betow, un[ess sooner revoked for apd on Es,behalf as surety, and as theJr act and deed: - ~d: ~)~;~ NO AtJT~O!~t ~TY ~g .~?ed ~:rpake~, e~ec"Jto; S ~ea[6m}d ~derwe[ .any.b~ or ~.~erta~k[ng w~,;guarantess the paymen! oF Th s authority doeq not peFn~Lthp., same ob gabon to be sp~{t nto tWo ~ ~'bonds ,m order to bdn~r e~ch such bond ~w~th n the do lar rat of authority asset fob~h hereto. - - . ' - This appointment may l~.e revoked at any ~me by the Company. Theexecu~fsuch~nds~andand~rtakthgs~n:pumqanceo~fthesepresantssh~a~!be~sbthdthg upoqthe ~said Company as:~llyandamply to ell te~enf~ and~pur~Oee~, ~ ifth~ s~me had b~n duly execetad and aukno~it~q~ ~y their regul~ly elC~l~, officere a{ ~'ieir prin~il:ml o~e ih Long Grove, l~linois. : ~,~ "~ ~ ~L ~ .. , This Power o,f Attorney is executed by authodty Of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on,F~bmary~3~, 19~8 atChicago, llEnsis, tree andaccerate copies of which are hereinafter set forth and arehereby cer~ed to by the , und~s gned S~cretary as being in full force and effect: "vOTED;q'hatfffleJchairm~n Of the Board, the President,. or any Vice President, or their' appointees designated in wdting and filed with ~the SecretOry, or the Secretary shaft have the power and authority to appoint agents and attomeys-in-fa~ a~d to authorize them to execute on behalf of the Company andattoch theseal of the Company thereto bunds and undertakings recegn[zances contracts of indemnity and other wnt~gs ob gateo' n the nature thereof, and any such officers of the Company may appo nt agents for acceptOnce of process. This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolutian adopted by'the Executive Committee of the Boards of Directors of the Company at a meeting duty called and held on the 23rd day of February, 1988: "VOTED. That the signature of the Chairman of the Board, the President, any Vice President, or their appothtees designated in writing and ~ed with the Secretary, and the signature of the Secretary, the seal of the Company, and ce~fice, t~ons by the Secretary. may be affixed by faesimiie on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified, with respect to any bond or undertaking to which it is attached, shall con,hue to be valid and binding upon the Company." __ In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed 5y their autherf~ed'office~'~,- this Februa~ 14, 2000, Attested and Certified: Lambermens Mutual Casualty Company Amedoan Motodsth Insurance Company Amedcen Manufacturers Mutaei Insurance Cbmpany Robert P. Hames, Seereta,T by J. S. Kemper; ill, Exec. Vice President FB{A-NCIAL STA~ DECEMBF/{ 31, 1999 · gours~ of o~cr $ 4,250,398 483,I59.407 91,059,245 141,586,407 , 9.3,17~,567. Liab~ities [abi~l~cs Total Surplus as ~srds policyhold~ Total State of mlnois,) )SS ))Coumy of Lake) $355,346,495 92 42 3 S 4 ,453 $53~629,991 276;600;033 f~i*..~. A. Co. ld;n sad L K. Conwa.v, being duly sworn, say that they a~e Vice President of Accounting Services and Secretary, ~espeetively, of AMI~,ICA.N lvlAt'I~A~ MUTUAL EqSURAIqCE cOMPA-N¥, Illinois; that the foregoing is a tree and correct statement of the f~naneial condilion of said company, as of Decembe~ 31, 1999. Subscribed snd swam '~ * · "OFFICIAL SEAL" * · KATHLE~'9 J. WURTH · . No~a~ Public, 8tare of Illinois . ~ My Commission ~xpires 7/11/O2 $ State of ) County of ) before me pe~sanally came to me t~cw'n, who duly sworn, did d~ose a~t say tt~t he is A.t~rmey-in-Fac~ of the A/VI~R/CAs'q MA/qL~A~R~ MLFITJAL ]!NSLrI~ANCE~CO1VIPA~x~Y ~¢ Corpora-Uon de~c~-bcd ~ ~d w~ ~e~ted ~c ~ched ~enq ~t he ~o~vs ~c co~om~e seal of ~e'Said Co~or:~o~t ~e se~ ~xed ~ ~e s~d ~ent is ~ co~omte seal; ~d ~t it w~ so ~xed by or~r of ~e Bo~ of Dkecto~s of ~e said Co~om~o= ~d ~t __ he si~cd ~ ~e ~er~$o by ~e ord,. Notary I, ~z'e~e ~e~.er a Nota~ ~ublic, do hereby ce~ ~at J~ ~ Kemper~ Itl apd Ro~;o-: F..'-~r,:::os pr::son~:}.,' k~:o;',n th tri~ 5 be t~'.r. ~,~m¢. pemcns w~rr~Se,na~e~., am respe~valy as Exe,c..VicePrse~dent aqd 8e~re~]'of Oie ........ r ........................... .. ~ ........ ~.: ................ ~rA~ce~anY, anti,the Amenca~ Manufactare~'s A,lu~e nsurarme ~2,om,~n,. C .......... n .............. no .x ,....., ............. s cf ,, $~ie ~lJlido~s, sul~.,scnbed te the foregoing mstr~ment~ appeared~ ,before me ,;hie cay ir, ~er:,on ~nc r..~,.,~r,, :, ,.,.~,,,,'.'..lee=e..,,,...ha: cc,,2q thefeP~o Quiy .authodze~ signed, sea .ed with ~e corporate/seals, and ce:?erea :'ts sr,'d f';~nn..'.:en; ;.s '~c. fr~>,=, ar,: '.'c,t~n~;:',. a~( cf s3~d c0rPotatio~a .,andS,their, 0Wn frae and voluntary acts for the us~s and purposes,, th~eid set fourth: My commission e~pires '1-28-02 CERTIFICATION 3, J.K. Cc~wa,v, Cot:ora{e Secy.'aP.' cf ;he Lumbe"ma-r.s ~,IU,"Ja! C~$3e!t¥ C0rtlp~.r...' ?.c Ama.ffcc:~., ~:Ac~?'.st~,~]nsu~A'e? ~¢Y';~'and the ~'.m~....,, ~.1,=,,J,,..~u...s ...u J,:, I,,su.~.,.~ C,.,,,~.n., .~ ,.~..b~ c... ~y .'~t ..,o ....... d ......... ey a~e~ February 1~., 2000 b?::::~ ef ;he ae.'s.~(s) in h::l ':.r:= ~:.~ effect cn [r,e cato ,.:'f '.r!s ce.'ti~m: and [ ds'[cr.:h, cr'c:-r~:fy i:i-*-.t the sat: J. S..~a:r,.':}r..': ar.." Rbber~P~ai~ ,e~..,~.' hp.~sect~ted ~e ~ , ~ .,,t,9.. JY ..... ~_.,,,. b~.~ h..cu.,t,~ ...as.,~..,,r~ ,,.,? .n ........~ ,.,.,x.d ........ ~. ..............h ........c.~,. .......... ual~ mpa y, ,ce e J. K. ~, Corporate Secretary This Power of At~mey fimite the acts of those.r..-.mad .ham n to th .~n~.s a~'d [.mdcrthkin~ specifically named therein a@c! the~ have no authority to bind the Com.~any cxccp: in the manner [~nc :o ;he ~xtent herein stated. FK 0362 6-g6 Power of Attorney - Term Printed in U[S.A