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HomeMy WebLinkAboutRES.1495.09-07-1999 - . , BILL NO. 99-207 RESOLUTION N0. '����, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC. , FOR THE EXTENSION OF KENT DRIVE FROM LEXINGTON AVENUE TO THE EXISTING PAVEMENT OF KENT STREET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Lappe Cement Finishing, Inc. for the extension of Kent Drive from Lexington Avenue to the existing pavement of Kent Street . A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �,{,tti. DAY OF 1 ^o , 19�. A. M. Spradling, III, M yor ATTEST: V�y * � � O � �� � ��� ' . Gayl L. Conrad �,�' ��� "��y�� ,: City Clerk � °. , .��`�,�, 4 � �.: �* .�_,:� � �?`.:i.\;�fi ���r n ��� ' y�'. � ����''a�� _ � �` - ���' � � � � • CITY OF CAPE GIRARDEAU KENT DRI VE EXTENSION LEXINGTON AVENUE TO EXISTING PAVEMENT STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the � day of in the year 19� by and between the City of Cape Girardeau, Missouri (her inafter called OWNER) and Lappe Cement Finishina, 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 on the Kent Drive right of way from Lexington Avenue to the existing pavement, with six (6) inches of P.C. concrete pavement, a length of 482 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 seventv-five (75) days after the date when the Contract Times commence to run. A-1 �. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER 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: One hundred twenty-two thousand and ninetv-four dollars and ninety-seven cents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( $122,094.97) 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 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 Fina/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 1 to 7 inclusive). 8.2 Exhibits to this Agreement (pages BF-1 to BF-6 , inctusive). 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 Kent Drive Extension. 8.8 Drawings. 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF-1 to BF-6 , inclusive) marked exhibit A . 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). A-5 There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and finro 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 19�(which is the Effective Date of the Agreement). OWN.� ' of a e Girardeau CONTRACTOR Lappe Cement Finishinq, Inc. �---.,...� Michael G. ille ' Mana er RUSSELL J. LAPPE PRESIDENT By: BY� [CORPO EAL] [CORPORATE SE L] ttest b"� ��ux�al�- Attest c?�t�. �a� �i ��C�� Address for giving notices Address for giving notices 401 Independence Street 8064 Hiqhwav B Cape Girardeau, MO 63703 Perrvville MO 63775 (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-7 EXHIBIT A CfTY OF CAPE GIRARDEAU KENT DRI VE EXTENSION LEXINGTON AVENUE TO EXISTING PAVEMENT BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of placing six (6) inches of P.C. concrete pavement on the Kent Drive right of way from Lexington Avenue to the existing pavement, a length of 482 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 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and 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, 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, reCeipt of all whiCh Is he1'eby aCkrtowledged: (ustAddenaabyAddendumNumt>erandoate) BF-1 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, 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 respeet to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data conceming conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional 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 Contraet 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. BF-2 (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 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 Q-�y. PRICE EST. PRICE 1. Clearing, Grubbing &Stripping L.S. ----- $ 4620.oo � 4620.o0 2. Curb and Gutter Removal L.F. 94.00 $ i2.oo $ lz.o0 3. RubbleRemoval C.Y. 140.10 $ i�.00 $ 23s1.�o 4. Class "B" Excavation C.Y. 517.29 � 3.90 $ 2oi�.4s 5. Earth Borrow C.Y. 4,391.08 $ �. 15 $ 31,396.22 6. 6" P.C. Concrete Pavement S.Y. 1,564.60 $ 20.is $ 3i,526.69 7. 6"Integral Upright Curb L.F. 995.00 $ 1.25 $ 1243.�5 8. Encase Ex. 8" Sewer Pipe L.F. 66.00 $ 30.oo $ 19so.o0 9. Extend Existing Manholes L.F. 4.00 $ 132.oo $ 52s.o0 10. Standard Double Inlet Each 1.00 $ 2095.50 $ 2095.so 11. Standard Triple Inlet Each 1.00 $ 2843.50 $ 2s43.50 12. Horizontal Elliptical Pipe L.F. 74.00 $ 225•oo $ 225.o0 (76°x 48") 13. Horizontal Elliptical Pipe F.E.S. Each 2.00 $ zsoo.oo $ 2500.o0 14. Install 21" R.C.P. L.F. 33.00 $ 3i.oo $ io23.o0 15. Install 24° R.C.P. L.F. 29.00 $ 34.oo $ 986.o0 B F-3 16. 24"R.C.P. Flared End Section Each 1.00 $ �oo.oo $ S�n.nn 17. 18"Thick Rip Rap S.Y. 102.40 $ 16.oo $ 1638.40 18. 24"Thick Rip Rap S.Y. 65.90 $ 1�.25 $ 1136.�s 19. Erosion Control L.S. ---- $ 4400.oo � 4400.o0 20. Clean Existing Detention Basin L.S. ---- $ 9000.oo $ 9000.o0 21. Seeding and Straw Acre 3.80 $ 29�5.oo $ ?i�os.o0 TOTAL BID FOR ALL UNIT PRICES . . . . . . . . . . $ 113,358.9� One hundred thirteen tho ��and three himdrPc� f;fr�-P-�ghr �r,�1 a,-� an� ninety-seven cents. (Written figure) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within 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. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: BF-4 Name Lavne Cement Finish�,�1g Inc Address 8064 Hwy B Perryville, MO 63775 (a) Performance and Payment Bonding Company Name United Fire & Casualitv Company, Address Cedar Rapids, Iowa 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 �,��Gt 20 , 19g�. State Contractor License No. N/a IF BIDDER is: An Individual gy (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership By ' (SEAL) (Firm Name) (General Partner) Business address: Phone No.: B F-5 . ,_ o. . �',.: +•`k�`p��J/�J��' _ -.� ..rr .c^ , ��'j ..���s j,�%,: r •, f '�t, , �c• �z.� � : � �� �'' 1 �' . l^ r : 7 L � �-�,r�r��Ir A Coraoration '; '� F� ,� :� � By Lappe Cement Finishing, Inc. - ��x�f/q�)`_ .��*�;� (Corporation Name) ''� ✓' 1���� Mi Gso �ri ",,,��.. . (State of Incorporation) ,.�.�A � - "'` ,. �A�L ;��• By �,c,rn��� .Lf� �� �, (Name of Person Authorized to Sign) �`� c�,' ' -� "�����"= . ti..- ,-. �.�..� . President " �'% '' � �., � � c., (Title) = �� ��. Q �:�, A: (Corporate Seal) � �'�.� ��� �� `I� /J�, ,� ` ��,�•�► Attest r, � ,. ( r ta ) Business address: s064 xwy s Perryville, MO 63775 - Phone No.: 5�� 5 � 5�i � Date of Qualification to do business is 1979 A Joint Venture BY (SEAL) (Name) (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 UNTTED FIRE & CASUALTY COMPANY CEDAR RAI'IDS,IOWA BID BOND Approz�ed by The American [nstitute of Architects,AIA Document No.A 310 February 1970 Edition KNOW ALL MEN BY THFSE PRESEN'I5,that we Lappe Cement Finishing, Inc. 8064 Highway B, Perryville, MO 63775 as Principal,hereinafter called the Principal, and the LJNITED FIRE & CASUALTY CONII'ANY, a corporation duly organized under the laws of the State of IOWA, as Surety,hereinafter called the Surety,are held and finnly bound unto City of Cape Girardeau, 401 Independence, Cape Girardeau, MO 63701 as Obligee,hereinafter called the Obligee, in the sum of *5' of Bid Amount Dollars �$ *SZ of bid ),for the payment of which sum well and huly to be made,the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. W�t�r+s,the I'rincipal has submitted a bid for Kent Drive, Cape Girardeau Now,THExEFOR�, 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 pf,labor and material fumished in the pmsecution thereo� or in the event of the failure of the Principal to enter such co��i�iat����:<;; give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty h�`�0,�,�et?(��Q;:�''-,, the amount s ified in said bid and such 1 er amount for which the Obli ee ma in ood faith contract �nn�1 c� �"��' P� � g Y g t �. �?. 6 to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain�f�t11 �ce�}}�!�.°=�'• effect. : � . ac a � ; � o- L ; Signed and sealed this 19th day of August =;��Yg';��,� ;'; . ,, •. :�9 ,,.• �,,, ,� ''��,::...•• �8 LAPPE CEMENT FINISHING, INC. '�'� ,;'�� ����,,,•�`� .. �-'TTT7l 11 U�� (PRINCIPA[.) ; ',,%, 1 �p C�.CY�� � .� cwr►,•nss� ) p( \y� ..,'.' �'����,•. - � ,� .:; ,. ' t,��: c�nn.e� •• ,�,,';;',:;�;-, �,,: :� ./..f:;�'j� v �'� � .� � t7 .� ��,`r�:';'" UNTTED FIRE &CASUALTY COIC?,�,'Al�f'Y,``-• �s�� �' csv�[�'� - _�'• ' 1 V ts p rs° '�:; � (W17NESS) } B • ` •' ..Y�.i.,.•�:,�,,, Y (ATT NFY-IN-FACTI .. � �:..���,� ACKNOWLEDGMENT OF SURETY State of Missouri County of Cane Girardeau On this 19th day of August , 19 99 Personally appeared before me Priscilla B. Hunter 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 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 Priscilla B. Hunter acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. wwcir sr�,Us� Notary Public-Notary Seal State of Missouri Cape Girnrdeau County My Commission Expires Jun 20,2003 Notary Public iJND-2031b � UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POVYER 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 dufy 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 TODD A. WARD , OR MARK A. GOODMAN , OR PRISCILLA B . HUNTER, OR CHRISTIE ADAMS , 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, seai and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS 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 M A Y 6 t h 2 0 O 1 unless sooner revoked. This power of AttorneY is made and executed pursua�t to and by authority of the following By—Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section 2,Appointment of Anorney-i�•Fact."7he President or any Vice President,or any other oflicer ol the Company,may,Irom lime to tlme,appoint by writte� certificates attorneys•in-lacl to act In behali ol the Company in the execution of policles of Insurance, bo�ds, undertakings and olher obligatory Instruments of like nature.The signalure of any ofilcer authorized hereby,and the Corporate seal, may be alfixed by tacsimile to any powerol attorney or special power of attorney or certi(ication o1 either authorized hereby;such signature and seal,when so used,bei�g adopted by ihe Company as the orlginal sfgnature of such ollicer and the original seal ol the Company,to be valid and binding upon the Company with the same torce and elfect as though manually aftixed.Such attorneys-in-tact,subject to the Ilmitations set(orth in their respective certi(icates o(authority shall have full power to bind the Company by their signature and execution o(any such instruments and to attach the seal ot the Company thereto.The Presfdent or any Vice President,Ihe Board of Directors or any other otlicer of the Company may al any time revoke all power and authority previously given to any attorney-in•lact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents `�„„,��,,,���� to be signed bY its assistant vice president and its corporate seal to be hereto affixed this ae�`�1.��k�� 6th day of MAY ,A.D. 1999 '` CO!►OlA1E� �� a=�L �� UNITED FIRE & CASUALTY COMPANY o� �. /1 . v Rr'�'p.��� l a 'Wuu�ua��` B ` y "t Assistant V' e President State of lowa, County of Llnn, ss: On this 6th daY of MAy 1999. 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 an Assistant 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 seal 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 si9ned his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corp ration. ��� �-��v� Notary P lic �• . SHERYLA.MCVAY My commission expires March 4 x1� 200� •� MYCOMMISSIONEXPIRES CERTIFICATION March 4,2000 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the fore9oing copY of the Power of AttorneY and affidavit, a�d 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 force and effect. `�,�,n���n,���� In testimony whereof I have hereunto subscribed mY name and a ' ed the corporate seal of the said �` ��k��: Company this 19th day of August t9 99 COIt�tATE���. � a Y A L Y; ��ti�/T` �� �.�. v,�M,��' ecretary �4u�w�►��� U�I1T�.� �I�.�i?. c4� C,t'k.S�l.i,�kl.'['�CONBP1kN� UNlT�.I� l.l��. Ih1SUi�.�1�1C�'. Calfh�l'�N� �1 '1$ 5��.�C4�i�� t'kV�;Nl1�:, 5..�:., P.a. f3O�X 7��39Q9' GP��h��. f��cf'II1S�, 1�1�S1r'k �2f�07 � NO'1'IC1:'1'O MI5SOUltl SUR1,'CY I30NU IIOI.11LRS Shuulcl yuu I�avc a yucslic►ns al��►ut y�►ur lumcl ur ��c►licy, ��Icasc aml�►cl your insurance abcnf first. If you are uuat�le to coi�laet e►r �il�laii� infc►nuaticm fnm� yc��u� �ibent, you may eontaet our eo►npany at i address and ��I�one number helow: UNI'l'I,U l�I1ZL & CASIJAI:I'Y COMPANY A'("1'I;N'I'[ON: IiONU UL!'Alt'!'MI,N'1' l'.O. IIOX 73)09 CI,I)Alt RAI'll)S, InWA 52407 I-R(111-343')13U