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HomeMy WebLinkAboutRes.1421.12-07-1998 . ., BILL N0. 98-246 RESOLUTION N0. 1��c.x` A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC. , FOR THE IMPROVEMENT OF MISSOURI AVENUE FROM MISSISSIPPI STREET TO SCOTT STREET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Lappe Cement Finishing, Inc. for the improvement of Missouri Avenue from Mississippi Street to Scott Street. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ��c DAY OF ��,���,�; , 19 �� A. . Spr dling, III, r ATTEST: �.�, � �� °� Gayle L. Conrad Deputy City Clerk CITY OF CAPE GIRARDEAU MISSOURI AVENUE MISS/SS/PPI STREET TO SCOTT STREET STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the �r,� day of �,, �zs�.�, in the year 19��by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Laqpe Cement Finishinq, 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 consists of the improvement of Missouri Avenue from Mississippi Street to Scott Street, with six (6) inches of P.C. concrete pavement, a length of 405 feet and width of 30 feet, including excavating, grading, compacting subgrade, placing concrete pavement, establishing drainage facilities, rebuilding driveways, and adjusting manholes for the City of Cape Girardeau. 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 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 seventy-five (75) days after the date when the Contract Times commence to run. Januarv 1, 1999 to March 15, 1999, both dates inclusive, will not be counted as calendar days. 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 Three Hundred Dollars $ 300.00 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 One Hundred Fiftv Dollars $ 150.00 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 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 UNIT PRICES: FiftY-two thousand, One hundred seventv-seven dollars and twentv-eiqht cents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .($52,177.28) 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. AII such payments will be measured by A-2 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 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 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 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, 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 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 to inclusive). 8.2 Exhibits to this Agreement (pages BF- to BF- , 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 SC- 5 , inclusive). 8.7 Specifications bearing the title Missouri Avenue. 8.8 Drawings. 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF-1 to BF-7 , 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 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 Generai 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 specifical�y 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, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on_�,�s�,1�.�„�, 19LR(which is the Effective Date of the Agreement). �; ;, OW�R�'Cif f Ca e Girardeau CONTRACTOR Lappe Cement Finishinq Ir�c:�:.�' � � ,/ �J �� ,/ °'Mi�hael G. iller Cit Mana er � = .� ; ~; � � � � ;.. . 7 Q � BY� -By: GL r '�' � . ORPORATE SEAL] [CORPORATE AL] ;:�;°: , . :��. Attest ,, + Attest � �.��Q��o�,Qp �_, Address for giving notices Address for giving notices � 401 Cndependence Street 8064 Hwv B Cape Girardeau. MO 63703 Perrvville, MO 63775 (If OWNER is a public body, attach License No. 814 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-7 � ' ' � EXHIBIT A CITY OF CAPE GIRARDEAU � MISSOURI AVENUE MISSISSIPPI STREET TO SCOTT STREET � BID FORM (EJCDC 1910-18) (1990) � PROJECT tDENTIFICATiON: The improvement consists of placing six (6) inches of � P.C. concrete pavement of Missouri Avenue from Mississippi Street to Scott Street, a length of 405 feet and width of 30 feet, including excavating, grading, compacting subgrade, placing concrete pavement, establishing drainage facilities, rebuilding � driveways, and adjusting manholes for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO � 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 i1. 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 Advertise ment 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: � BIDDER has examined and carefully studied the Bidding Documents and the following ; Addenda, f@C@Ipt Of aII WF11CIl IS Il@f@b�/ aCkIIOWI@C�g@C�: �List Addenda by Addendum Number and Date) BF-1 f � � , (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, performance and furnishing 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 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 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 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 obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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 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. � (f) 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, 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 furnishing the Work for which this Bid is submitted. B F-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 indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or tnduced 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. � 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): � UNIT PRICE BID � NO ITEM UNIT EST. UNIT TOTAL ' PRICE QTY. EST. PRICE � 1. Class "B" Excavation C.Y. 324.6 $ 4.so $ 1,558.os � 2. Borrow C.Y. 453.3 $ 2.65 $ 1,2 01.25 3. Asphalt Removal S.Y. 129.1 $ 4.35 $ 561.59 � 4. Concrete Removal S.Y. 19.5 $ �.oo $ 136.so 5. Clearing, Grubbing &Stripping L.S. 1 $1700.oo � 1,700.o0 � 6. Driveway Pipe Removal L.F. 71 $ 4•25 $ 301.75 � 7. RCP Removal L.F. 31 $ 6.50 $ 201.50 8. Furnish & Install 18" PVC Pipe L.F. 339 $ l8.lo � 6,135.90 , 9. Furnish & Install 18" RCP L.F. 34 $ 26•20 $ s9o.80 10. Install 6" Upright Integral Curb L.F. 800.6 $ 2•oo � 1,601.20 ' 11. Install 6"P.C. Concrete S.Y. 1344.7 $ 21•80 $ 29�314.46 (Street and Driveway) � 12. Install Standard Junction Box Ea. 1 $ l loo.oo $ 1,ioo.o0 13. Install Area Inlet Ea. 2 $ 1075.00 $ 2,150.o0 � ' 14. Install Double Inlet Ea. � $ 1655.oo � 1,655.o0 15. Install Grated Curb Inlet Ea. 1 $ lsio.oo $ 1,sio.o0 (Double Frame) B F-3 i . . , 16. Adjust San. Sewer Manhole Ea. 1 $ 350.oo $ "350.o0 � 17. Adjust San. Sewer Pipe Entl Ea. 1 $ loo.00 $ 100.o0 18. Construct Wing Waii With S.Y. 5.6 $ 120.oo $ 6�2.o0 � Grout Rip-Rap 19. Clean Out Ditch L.F. 70 $ 3.�5 $ 262.50 � 20. Seed Mulch Acre 0.09 $ _5�2�5.00 $ 474.75 ' TOTAL BID FOR ALL UNIT PRICES . . . . . . . . . . $ 52,17�.2s � FIFTY-TWO THOUSAND, ONE HUNDRED SEVENTY-SEVEN AND 28/100--------------- � (Written figure) , Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. lBIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. I5. BIDDER agrees that the Work will be substantially compfete within sixt 60 calendar days after the date when the Contract Times commences 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 _seventv-five (75) calendar days after the date when the Contract Times commences to run. January 1, 1999 to March 15 � 1999, both dates inclusive, will not be counted as calendar da s i 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. B F-4 1 ' . 1 7. Communications concerning this Bid shall be addressed to: IName RUSSELL J. LAPPE Address 8064 HWY B PERRYVILLE, MO 63775 1 (a) Performance and Pa ment Bondin Com an Y 9 P Y IName UNITED FIRE AND CASUALTY COMPANY Address CEDARS RAPIDS IOWA i 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 NOVEMBER 24, 19981998 . State Contractor License No. s14 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: B F-5 � ' � Phone No.: � , � A Corporation By LAPPE CII�fENT FII�TISHING, INC. (SEAL) � r�ssouiu (Corporation Name) BY ���� � (State of Incorporation) , - (SEAL) r (Name of Person Authorized to Sign) PRESIDENT (Title) � '�Corporate Seal) � � Attest c�oL E. �pP� r (Secretary) Business address: 8064 awY s � PERRYVILLE, MO 63775 Phone No.: 573-547-5713 � Date of Qualification to do business is _ApRTT. �q�� � A Joint Venture By � (Name) (SEAL) (Address) � By (SEAL) (Name) ' (Address) ( Phone Number and Address for receipt of official communications: (Each joint 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.) B F-6 UNITED FTRE & CASUALTY COMPANY CEDAR RAPIDS,[OWA BID BOND ApE�roved by The An�crican f�rstitute of Ard�itects,A.I.A. Doau�ie�rt No.A 310 Febn�nn� 1970 Editioir KNOW ALL MEN BY THESE PRESENTS, that we �pe Cement Finishing Inc._ Perryville,MO 63775 — as Principal, hereinafter called the f rincipal, and the UNITED FIP�E & CASUALTY COMPANY, a corporation duly organized imder the laws of the State of IOWA, as Surety, hereinafter callecj the Surety,are hel�i and hrmly bound unto ______City_9LCape_Girardeau_..______.________________ _ — _ _—____ _—___401_Independence.Sxreet,�ape_�irar�eau,-MO-b37-01-- ------------- ----as Obligee, her-einafter called the Obii�;ee, in the sum of _ ** �o a£BidAmount**----------_.--__-------....----------------- - - D��Ilars ($ **5�/ nf Rid** ), for Nle payment uf which sum well and truly to be made, the said pnncipal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assi�ns, jointly and severally, finnly by these presents. WE iea�ns,the Principal has submitted a bid for __Missoura�venue,-Mississippi Street-�o-Scott Street---- ------ — ----Gape-Gir-ardeaus-Mn — ___ Now, THERGFORE, fE tllC Obligee shall accept the bid of the ['rincipal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or lx�nds as may be specified in the bidding or contract documents with good and sufficient surety for the faithfi�l perfurmance of such contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such ccmtract and give such Uond or bonds, if the Principal shall pay to the OUli�;ee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with anot�er party to perform the work covered by said bid, then this oblibation shap be null and void, otherwise to remaii���in`full force and effect. ' �.. 24th November 1 : �,~g g Si�;nec1 and sealed th� _ _ day c�f L A:[)`. 19 . " � r` ,ir .-, -� . : �r—,, ,, ? �- .__ . � ' t' __LapPe�Cemen��iuishin -��c.— — (SeaU L ��,�'i �; ��'>/.h���C -- --- mr�vcmA�a : � cwirr�ess� � i ` (��n.E) •� . UNITED--�IRE & CASUALT :C l�.P.ANY - (Seal) � \.��� u/�L T/L-�-C -L� /�r� �-'c�+ L��_ (SU • ) � : (WIi1JESS) � �� - ` �i� ��, -___. ... __. ,��,�.,.,�.,.�,. ��„ - ACKNOWLEDGMENT OF SURETY State of Missouri County of Ca�e Girardeau On this 24th day of November 19 98 Personally appeared before me Deborah Obermann who being duly sworn did depose and say that he/she is the attorney-in-fact of the United Fire& Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Cocporate 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 Deborah Obermann acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. PR!SC:LLA Ei.HUMER , , � �^;:y Pub!(C-�otary Sea( (;L'C" � �� SYcio ot Nis;ourl ��'�,(�.�i�, -� Z-L����(�c_- Ccpo Gircrdeau Coun}y My Cc,mmisslcn Exp;r2s Apr 20,2Q�� Notary Public UND-20316 • 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, State of lowa, does make, constitute and appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN H. RAUSENBERGER, OR WILLIAM TALLMAN , CARBONDALE, IL , OR DEBORAH OBERMANN , CAPE GIRARDEAU , MO ALL INDIVIDUALLY . of P 0 BOX 849 CARBONDALE IL 62903 its true and lawful Attorney(s)—in—Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: A N Y A N D A L L B 0 N D S and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire N O V E M B E R 19 t h 2 0 0 0 unless sooner revoked, 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 Aprii 18, 1973. "Article V — Surety Bonds and Undertakings." Section 2,Apppintment of Altorneyin-Fact."The President or any Vice President,or any other officer of the Company,may,from time to time,appoint by written certi(icates attorneys•in•fact to act i� behalf of the Company in the execution of policies ot insurance, bonds, undertakings and other obligatory ins[ruments of like nature. The signature ot any oflicer authorized hereby,and the Corporate seal, may be affixed by facsimile to any powerof attorney or special power of attorney or certification of either authorized hereby;such signature and seal,when so used,being adopted by the Company as the original signature of such ofticer and ihe original seal of Ihe Company,to be valid and binding upon the Company with the same force and effect as though manually aftixed.Such attorneys-in•lact,subjecl to the limitations set forth in their respective certificates ol authority shall have full power to bind the Company by ihei�signature and execution of any such instruments and to attach the seaf ol the Company Ihereto.The President or any Vice President,the Board ot Directors or any other o((icer of ihe Company may at any time revoke all power and authority previously given to any attorneyin•fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents �,„,,,,,��� to be signed by its vice president and its corporate seal to be hereto affixed this �4�.�'�k�y'�. 19th day of NOVEMBER ,A.D. 1998 q CCItOt�1E� � �sjL �� UNITED FIRE & CASUALTY COMPAN � �.,. Y �RrA4,��� �4u�wNN � . BY State of lowa, County of Linn, ss: A � t Vice President On this 19 t h day of N 0 V E M B E R 1 g g g, before me personally 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 a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seai affixed to the said instrument is such corporated seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ��� v SHERYL A.McVAY ����� I�I'��JQ� 111'WMM15SlONEXpIRES � Notary P ic Q �4'��� My commission expires MARCH 4 .X�2000 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By—Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full torce and effect. ��+��r„,�, In testimony whereof I have hereunto subcribed my name and af xed he corporate seal of the aid �'�������� Company this day of �` COltOtATE�� �9 ._.. o a=�L �� � � d�� G� . �...*�..� w4Ww���� ecretary i.Tl�`��I� ���. c�, C��FI��7'��a�l���l� LT�`8��' �� �S[J�C� CQ�I�i'�1� !l 1:l.D w����Av,'� S'k 1Y i�d�1(J�� �e�.,j �e�e �4J� L aJ��'�� V�1'd�� 11ilS'#�k��� �W�1CYl� J'��lf!, NOTICE TO MISSOURI SURETY BONII HOLDERS Should you have a questions about your bond or policy, please contact your insurance agent first. 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 1-800-343-9130 A—:�Du ..GEF�TIF�CaTE C�F �I��B�Lt.TY C�t#S��A��� oA7EIMM/DD/YY) PFOOUCER .:.;:: . .: . . ....:._ ' .' ..;:� ..-.� / � THIS CERTiFICATE IS ISSUED AS A MATTER OF INFOqMATiON GI��1cN�02��? I�VSI/?ANC� R���vCy� ZNC, ONLY ANO CONFEAS NO FiIGHTS UPON THE CEATIFICATE I.O. a�x _j/ / HOLOEA. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR �e�2�f�c..L.Le, I�IO 6 ALTER THE COVERAGEAFFaRDED BY THE POLICIES BELOW. j7�� COMPANIES AFFORDING COVERAGE COMPANY INSUFED A fl wft Lappe Ce�ne.nt f c:2�.�/��2�, Inc. ; COMBPANY Zoufe #7, I e z rt�v i..�.(e, l�0 6 j7%S� I COM`P,ANY COMPANY ' D CYIl{£FiRGF x� .�..::.::�.,,�. ......_,.. , _ ,_ _ .,t...,,. .... T}iIS IS TO CEATIFY THqT THE POUCIES OF INSUAANCE USTEJ BELOW HAVE BEEN ISSUED TO THE INSUFED NAMED A80VE FpR THE POLICY PERIOD ... ....�...... ,..:, ,.:.: ... ,. INOICATED,NOTWITHSTANpING ANY RE�UIREMENT, TE�M OR CONDITICN OF ANY CONTRACT OR OTHEA DOCUMENT WITH FES?ECT TO WHICH THIS CEATIFICATE MAY BE ISSUED OF MAY PEATAIN, THE INSUFANCE AFFORDED 8Y THE POL1CfES DESCAIBED HEAEiN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCFi PpUC1ES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO � TypE OF INSURANCE I POIJCY EFFECT7VE I POUCY p(plqqT�ON I ��i � i POUCY NUMBER � DATE(MAVpO/Yl� OATE(MM/pD/YY) I LIM17S I GENEAAL UA81L(7'Y ' � �7 !—�COMMERC1Al GENEAAI UABIUTY I �/^/ /, �7 I/, p � i GENEAa�AGGREGATE 5 2 OOO OOO 77f1C.��0j�72'f–�G `f�–��-90 i�-Zz-99 ' PROOUCT$-COMP�OPAGG � S� Q�Q QQQ I,_'', �CWMSMAOE i�' OCCUFi. I � � � PERSONAL 3.�OV INJUFY 5� `�OWNER'S d CONTRAC'OR'S PqOT� i i �� , ; ; �+CH OCCUARENC� S/ OOO OOO , � I I i �� FIRE OAMAGE(Any one firel � 5 I OO OOO �� AU�-TOMOBII.FUABRITY ! , ' MED EXP fnny one oerson� �5 OOO �1 /� �ANY AUTO I jy(�7Q7—O3 17Z`t—2`F I/�-Z�—C� S7 I /,—�Z—p p i COMBINED SINGLE LIMIT i 5/ OOO OOO T � � 7 J I ' ALL OWNED AUTOS I I I �SC}1EDULW AUTOS I I BODILY INJURY j � (Per person) 5 � � �HIHED AIJTpS I I i , I BODIIY INJUFY �NON-0WNED AUTOS �(Per accidenq � 5 � I II � I PROPEATY OAMAGE I$ GAFAGE UABMY I I AUTO ONLY•EA ACClOENT I 5 ANY AUTO OTHEA THAN AUTO pNLY �:.: I I EACH ACCIDENT�g I D(CESS WBIl1TY AGGAEGATE! 5 I �EACN OCCURiiENCE I g �UMBRELLAfORM , i AGGREGATE , g OTHER THAN UMBRELLA FORM i � S WORKERS COMYENSA710N AND i WC STATU• ; I OTH � EMPl0YEA3'LlABIUTY "" ;::> �Q THE PROpRIETOq/ INCL �1 WC I—O j 172't—S I Lf_��_ 8 (�_2�— ��CH ACCIDENT �S PA�1'►�EAS�XECUn�E 9 9 9 EL DISEASE-POUCY�IMIT �S • OFFlCEASARE oTM� IXCL EL OISEASE•E4 EMPLOYEE�9� OOO OOO DESCAIPT1pN OF OPERA710NSIL,OCATIONSNEHICLE$/SpEC �(TEMS ' � I'' �- �U U/(C, {�v e n u e !�/ C.Q/1(,/Z/1 L �(, Sf t Scvt �fnee , G pe Gi. nd a , 1�10 - L ��fed �4� �9ddi.ti.vna.L Zn�uzed: �i.tc� v� a�e ��naaadeau ��/ .PZrcudepe2dence .St. Ca e G�nadeau, �JO G37o� and Ci.t �n �neen�n !�e antment, Ci.t v Ca e G�nccndeau �0/ Zndependen e �.:...:..:::::..:;.:::.:::.::.::::.....::...:. ::::::::. . . . .,.. :..: .. :.: ,v::.:a�.. ..r..v. . : :::.,.s...,.:; . . .. . .. .p:+'•y �,.:: . ,., . � ..�:ar;:.<»ri>:•;�;::�:;.;:.; .. �F fis6ft'.•n:.,�?4:.:c..w:••.:..�:':.r.::::�� ' .;�.... '.`.v..�,....... . . . �:::;.,-..:r.::..:.;�.:�::::.::::::::..:�.� . : . .rcSi:.'!.�;.,..::. . .:......::...:... .:.: ' ; � ...... .. .; :;r, ........... . . .. :.a•:..::.:.:...: .. . .y. ..: .. . . .. .. . .;.:.;.. ....;• �s�r� , . , .*.f ' :::.. :;� �'+'r� 4.,.. . . a> '�'' � "� • .Y...�,...,..::k:,.:r..�:.�:.a.. �• �..:, .� .:.,r �;�l��;,�,.>....�..t�.y;y,b`r;;;i.}`;<:,:i;.:a£e:st�;." �,.w+.w k:.F1+otia.M.ofi::3:w�r.Ya:wii.�b'#��.'3scc��a3:�;k:3'a:h:> /'' SMOULD ANY OF THE A80VE DESCAIBED POUCIES BE CANCELLED BEFOHE THE C(-f(� U� C..Q jJ 2 G i.n a n('d e a u IXPIRATION DATE THEAEOF, THE ISSUING COMPANY WIL1. ENDEAVOR TO MAIL ��� Z 2 d e p en d e n c e J�. _,�AYS WHf1TEN NOTCE TO TNE CfiRTIFlCATE HOLDER NAMED TO THE LEFT, CQrJ 2 G i.n a n d e a u, 1�10 63�o� BUT FAILIIR O MAIL SUC 0T1 LL IMPOSE NO OBUGATION OR LIABILITY OF A �ICINO UPON MP V, fT5 AGENTS OR fiEPRESENTA77VES. AUTHOq P ES 7A E �/L /R Q/L U 2 �2 :.....,.,...,,:..,,,,,.,o-,:.�. �� �p�� �. ' . " �..:'::ra,.^..:•:�:v�4.«`...:.:a`'�`,�..y �+.•v!�,r,.!wxe,,�e;..:.� ,. �[7i0Y� 'f`..:. .....�.R^�i..r*�'3 `�r ., yY.M�..+°�i."� .i...,ej .«,.K,�:�rv::... . ,...�.:.:.:lG•�>..::.:Fa,:::<.:...:.. s::<.v.:.::::.. y>:i.. ..:.:.�::.r...::.:...�•.i:?i.:::q::::... p Qp��.�, ......... .... .� ..�:::.::�iJ.F•�ih:iY:..:n.::....evS..:.I ..::. ......x . ... r�,.,.:..... .. ..:{,<;, d . .... .�s`'f36 . :. !.. '.. . K .. " ??"..'�.�:, ..:Q... f7���[i`V�7l���2��VR�:: ACORDTM ♦�������� _ - �� ... .,. .��. .:.... ....... ....... ��� c:�F �.�����..��`�' r����;���� .......�. ..�......... . oare�nnnnioonv� ;: .... .... ,. ,:, : PROOUCEF THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOFiMA i N � fJ�II��N�02F�? INSII?AN�� A��NCy� ZNC. HOLDERN�HS�CERTFICATE DOES OT�AMEND, EXTEND OR � '�' a�X j� � ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. %e rt rt r�v�,L,(e� I�I� G3775 i COMPANIES AFFORDING COVERAGE � I COMPANY INSURED I A � � 2 � COMBPANY L�appe Ceinent f=i.2�ah�n�,, I2c. lC U U`2 �7� COMPANY l ert��v�L.Ce, l�0 63775 I � COMPANY i p ;;;.::::.:::,:::.::<::::::.:::::..>::,::.:;;:.::.:::::::::::::::.: .........._ � :: . . � � ........:.....:>;;;..;..;,;•:::.:::,;;;:;:::.:<:»::;::>;:;.,,;;;;::.;;;:;::::::;;;;:;:::.;;;;;;:,;::::::.::::::::.::.::::::.:::.,_...... �F:,:.....: ,....>:.....::..................:.:::::::...........::..:::::.........::::::::::.:::.................:..::...:::::::::;;;;;>;;:::,.;;>;;;;;::::.>;;;:�;::.;::.:<.;:.:;;;;:::::::.:::..:::::::::::.:.::. :.::.............. . . :. , ..:..:>,.;.::«.:;:..::�...:,;::...>.:::::::....,...::::::::...:�.:.:.;<::::.:...........::.:::........_..........,:.::.::.:.::::.::.;:;.................... :;,,xt. .. ... _.G�R,�f6 ::.:.. ... .:t. v.......\v..�:::::::::::................... ...........:n�:::::::::::::...............:...n�:::::::....:.::�:::::::::.:.::.�.:�:::::::.:................... �.1�.: ..................n:::nY.v.�:..�::::n�:v::. ................. ............... ................. .:. .w:.::::v�: ..a.�....`...:.;;.,...��.�:::..:�:.�. ,.:................. ........v.�::.�::::.�::............................. ............................... .,.......:..,.................:.Jl�dO'1�Y.; � .... ................. ci.�v.b�h..A:.. . .r..». . ::..ru.^..:�::l r•;::i:/:�Q:i:'::.�i:::�::5::�:i...v�:::�.�.::.�::.�:.:•::::L?::y:;.:.i:...:::::v ..........v..v...n.......n...... �........�........ .........:...� �.�nai�lY.il.�r .�. q...i:.... . .1 ..........................�:::::::::.:�.:�:::.::�::............n:: � i.n.vn .�v....S�n.n.r.i. �.n JAtJCfi33:4: 1 . �� � mw.m�vw.n. •....�v����n.w..:.�.n�..mrn nn.......m......n.v....n�vn:..nn... ..::.........n.........n.............�...........n.:......m...:...............v...:. kt / w Jvi t'vv�v4> ......... ... ... .............:..�......::.......�in_:;.i'.�.�::::::::.......�........,�..::...:..y'::::::ni::<:::. ;.....:::n�:::�v.y�.::i.:E_::�r.`:i}::2t'::`j}:::::i'':::ii6+'C"ti i'::::ii:ir:':'::�i`::%:i:fiS�;:;:yrii':i:v'r.k'::i:Yvi<i`:::::i::i:::�ii:r::ii:::i:ii':??::;:y::::�'ii:::':?i:i�S:`:::iii::::�::::iii?i':�:?:i:'t�:t%::ii�:�:::i'.:>:?::i`.?::::i:� . ......H... ........:..............:....::�.:.�::.�::�::�::.:.��.��.:.:�.,..�:.�:::::::�-:::�::: S S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANOING ANY REQUIREMENT,TEAM OR CONDITION OF ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEATIFICATE MAY BE ISSUED OFi MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCAIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.IIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TypE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POUCY EXp�RAT10N �� DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS I GENEAAL LIABILITY � GENEAAL AGGFEGATE � S 2 OOO OOO �Q �COMMERCIAL GENERAI.UABILITY ��L 2_0��72 Lf_�2 I I.F_22_08 I�_Zz-9 9 PRODUCTS•COMP/0P AGG �5�- OOO OOO (� / ] CLAIMS MADE I � OCCUR I I PERSONAL&ADV INJUFY I $ I OWNER'S&CONTRACTOR'S PROT i � EACH OCCURRENCE 5� OOO OOO I I I I FIRE DAMAGE(Any one fire) � 5 �OO OOO I � I MED EXP(Any one personl �3 OOO �AUTOMOBILE UABILJTY i 71 ANYAUTO 77ari7—Q3�7Z`t-2(f �-2z-98 [�—Z2—pl� COMBINEDSINGLELIMIT S/ 000 000 7 ALL OWNED AUTOS BODILY INJURY I SCNEDULED AUTOS I(Per person) 5 HIfiED AUTOS � BODILY INJUiiY g NON-0WNED AUTOS , (Per acddenq PROPERTY DAMAGE I 5 GAHAGE LIA8IUTY AUTO ONLY-EA ACCIDENT I S ANY AUTO OTHER THAN AUTO ONLY. �` � � � � � '` EACH ACCIDENT g AGGREGATEIS EXCESS LUBILIIY EACH OCCURRENCE S UMBRELLAFORM , AGGREGATE g OTHER THAN UMBRElL4 FORM 5 . WORKERS COMPENSATION AND I WC STATU- ' OTH-i:;r;;;;E;::>_:;;>ES:ii::«.'::::>:'>SEk»:'><::::[<[!::: EMPLOYERS'W181LITY E:::::»'s:8>::>;:i;>:>�=r:�::>::>:>:<:�;::;::::>�8:�:�>:'�:i�:� � THE PROPRIETOR/ INCL j1 W C I—O I 2�— � LE—22— O /,—ZZ—p EL EACH ACCIDENT g PARTNERS+EXECUTiVE � � � � � 7 9 EL DISEASE•POLICY LIMIT S . OFFlCERS ARE IXCL EL DISEASE-EA EMPLOYEE� 9� OOO OOO OTHEA . . b/:� l�1 i. avun� AvenuMe l�l�a����� p DESCAIP110N OF OPERATIONSILOCATIONSNEHICLESfSPECt L tTEMS S f f S C U� 't/L 2 2 l.. rJ 2. �C {L 2 Q Q U� l'l — L ��ted A� �Idd�ttvna.L Zn�urced: ��-Ec� v� �ape ��nandeau �Dl �ndependence ..St. Cape G�nadeau, I�JO 6370/ ..... .. :. . ..and _.C�t �n �neen�n !�e antment, Ci.t v Ca e G�nandeau �0/ Zndependen e ... . ...;:; . , ...:. . .. .::;v�v�.,;�v: :,. .. . . ��. . ., ..> �,>:�:;.>:;;•�:�-;.<..:... .:..... ....:..:.::..: . . . ,.yy. : . L$, • ..tsy ..� r••�..:,�,/, ...:... v�•;�o-� �:v'�r..u,-�. , �.• .. , ,v: � ;' :..::..... �. . ,: •. . :;r..•o ,.. . "`�s' '��,,..�.• ,,,..,,. . „��;. �":. �:rA��;:pv.E>i�.;. ,;3c".:?w• . ..i.A..::. . . . . .�v�Sk��: �:�:40.AWG'i.v+:.��'�1tr.w.�iJ�'v SHOULD ANY OF THE ABOVE DESCHIBED POLICIES BE CANCELLED BEFORE THE C/,C.f C� U� C QrJ 2. G i.a a n d eu u EXPiRAT10N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL `t O I Z n d e p e n d e n c e S f. ��AYS WRITTEN N0T10E TO THE CERTIFlCATE HOLDER NAMED TO THE LEtT, C CC fJ 2. G�a a n d ea u, !�l� (J 37�� BUT FAILUH O MAIL SUC OTl LL IMPOSE NO OBLIGATION OR LIABILITY OF A IND UPON MP Y, ITS AGENTS OR REPRESENTATIVES. AUTNOR P ES TA E Q Jt /12 2 R U 2 2 2 ;�v:<. ..,...,.,>,� ; , . 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