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HomeMy WebLinkAboutRES.1383.07-06-1998 BILL NO. 98-130 RESOLUTION N0. ���J A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC. , FOR THE 1998 SIDEWALK RECONSTRUCTION AND CURB ANU GUTTER PROGRAM 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 1998 Sidewalk Reconstruction and Curb and Gutter Program. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS � UAY OF , '�. , 19 �rs . / A. M. Spr�ad i11g, III , M ATTEST : '`� � � .�� ; � `��( x. Gay�` L. Conrad Depufy City Clerk CITY OF CAPE GIRARDEAU 1998 SIDEWALK RECONSTRUCTION AND CURB & GUTTER PROGRAM STANDARDFORM OFAGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the l�,�r day of� in the year 19B by and between the City of Cape Girardeau, Missouri (hereinafte alled OWNER) and Lappe Cement Finishing, 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 reconstruction of 2,085 square yards of concrete sidewalks, repair of 2,250 lineal feet of curb and gutter, installation of 41 handicap access curb ramps, and all things necessary to complete the project as indicated herein or as directed by the Engineer, 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 One Hundred F'ive (105) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within One Hundred Twenty (120) 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 di�culties 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 One Hundred Fifty Dollars $ 150.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars $ 200.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. 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: 4.1 for all Work other than Unit Price Work, a Lump Sum of: One Hundred Seventeen Thousand four hundred twenty-four dollars and 20/100 ($ 117,424.20 ) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8 of the General Conditions. 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. A-2 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the 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. A-3 In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, 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 A-4 Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.8 CONTRACTOR is aware that no second-tier subcontracting will be permitted. 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 1998 Sidewalk Reconstruction Program. 8.8 Drawings. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR's Bid (pages BF- to BF- , inclusive) marked exhibit 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 A-5 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). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER o�their behalf. � This Agreery�ent will be effective on � , 19�(which is the Effective Date of the Agreeme,r�t). ,� __.�) 4 ' "- <� �' � - . ��, ��� �ONTRACTOR .fhh.�(�! ` ' , .� � ��e ., ,�_ , .�t.; ., �� . l�1/c�'Nf�EL C-. /�1/L1_f�":C�� LAPPE CEMENT FINISHING, INC. ' '� � , ` ��� By: G_iT`' �lA '��;�"� gy: �� / _ � ; . � ; [C RPORATE SEAL] [CORPORATE AL] , - Attest '�`1» `' � ' x K:�,�i�..f'�L�kr����:�. Attest . cz/'� . f=�jjL..� ���;��,�a;�, n����7T�f: ���n/ c�,��� - Address for giving nofices � Address for giving notices -��'�/'�_���',�`��L'nc-i�-�"_� ��r so64 � B ����� ���'�����aL� , �(L� PERRYVILLE, 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 � • . KLL'ECCA �icU0�1'ELL COO1:, Secretar�� Of St<<te c�iii�:c►; ;;: 1998 ANNUAL IZEGISTIZATION IZEPORT nn��►u��i�: (t3usi�iess) 'I�I IIti ItI�.Pc)it7' IS I)UI�, 131`: 1►7/1;/98 �c�'I I•:: -rc> cl�n�c:i; itt•:c:iti�riati:i► nc:i•:�'r c>it c�rric�i sl�o��'I� ulitl�,c����.1� �tl;Lc)t�', �tl•:(lUl'S�I� PUlta� f!;�t FlfO11 'I'llh:ti1CClll;l'AItY OI S'I'A'I'1:. �11•. tillO�\ lUl,lt I'ISC.:U. f\\ 11:,1K ,15: isi c:. �tc��rii i:�i� ,��c��rii 00208985 04/O1 03/31 LAPPE CEPiL'NT FINISIiING, INC. 1 II� lc�l lt I�Itic ,U. 'f,�\ o RUSSL•'LL J. I,AI'PI� 1I::Ut Iti I)II�I�I�:Iti:��l�: -�U?L� �3064 FIL•JY l3 i�i c:. �ic������ i:��� ,�tu��ii P�KRYVILLI: MO 63775 1Ol K 1.:1�'i' ,1\\l :11. 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IR!�� 1�r:,, 11'I 1'I.IL�c�\ �'I'I'1'. \1C> �;sln` CITY OF CAPE GIRARDEAU 1998 SIDEWALK RECONSTRUCTION AND CURB & GUTTER PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The work to be performed under these Contract Documents consists of the reconstruction of 2,085 square yards of concrete sidewalks, repair of 2,250 lineal feet of curb and gutter, installation of 41 handicap access curb ramps, and all things necessary to complete the project as indicated herein or as directed by the Engineer, for the City of Cape Girardeau. THIS BID tS 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 furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, feC@Ipt Of aII WI11CIl IS Il2f2by aCI(CIOWIeCIgeC�: �ListAddendabyAddendumNumberandDate) BF-1 (b) BIDDER has visite�� the site and become familiar with and is satisfied as to the general, local and site c:�nditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is famifiar ,���ith and is satisfied as to ali federal, state and local Laws and Regulations that may affe�=:; cost, progress, perFormance and furnishing of the Work. (d) BIDDER has caref�_ iy studied all reports of explorations and tests of subsurFace conditions at or contiguou� :o the site and all drawings of physical conditions in or relating to existing surface or � _�surface structures at or contiguous to the site (except Underground Facilities) w�- :ch have been identified in the Supplementary Conditions as " provided in paragraph 4.2. ' 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" containe�= in such reports and drawings upon which BIDDER is entitled to rely as provided in par��araph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drav�,•�gs are not Contract Documents and may not be complete for BIDDER'S purposes. BID�==R acknowledges that OWNER and Engineer do not assume responsibility for accuracy �r completeness of information and data shown or indicated in the Bidding Documents wi�:� respect to Underground Facilities at or contiguous to the site. BIDDER has obtained ar�= carefully studied (or assumes responsibility for having done so) all such additional or s�_i�plementary examinations, investigations, explorations, tests, studies and data concernir�� 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�����-�ich relate to any aspect of the means, methods, techniques, sequences and procedur�.s of construction to be employed by BIDDER and safety precautions and programs i-�cident thereto. BIDDER does not consider that any additional examinations, investigatic�.�, explorations, tests, studies or data are necessary for the determination of this Bid fc�- performance and furnishing of the Work in accordance with the times, price and other -�rms and conditions of the Contract Documents. (e) BIDDER is aware c= �he general nature of Work to be perfarmed by Owner and others at the site that rela�=s to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has corrc �ted the information known to BIDDER, information and observations obtained from .�isits to the site, reports and drawings identified in the Contract Documents and all additior.=! examinations, investigations, explorations, tests, studies and data with the Contract Doc:_ments. (g) BIDDER has given =ngineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDE�. has discovered in the Contract Documents and the written resolution thereof by ENGI','EER is acceptable to BIDDER, and the Contract Documents are generally sufficient to i-��icate and convey understanding of all terms and conditions for performing and furnishi��� 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 QN. PRICE EST. PRICE 1 Sidewalk Removal 1774.3 SY $ .:� do $ ��' , 2 Concrete Sidewaik 2085.3 SY $ p o $��� (�� p. p 3 Remove and Replace Curb 2250 LF $ 00 $3� & Gutter 4 Handicap Access Ramp 41 EA $ � �Op $ 3. `� .00 5 Asphalt Overlay 200 SY $ ' � �o $ 5lvo,c�p , 6 6" PCC Pavement 416.7 SY $��d.cY, $ j,� , -� , TOTAL BID FOR ALL UNIT PRICES . . . . . . . . . . . $ ����f��_� o (Numerical figure) � � � .� �� �� � ' Z`_r��� - ;�,�, (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. BF-3 5. BIDDER agrees that the Work will be substantially complete within One Hundred-five �105) 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 accordanc? with paragraph 14.13 of the General Conditions within One Hundred Twenty (120) calendar days after the date when the Contract Times commences to run. BII�DER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete tr� 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 BfDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: Name � I , � � � � Address o(� ,� _ �� � (a) Performance and Payment Bonding Company Name �i � � Address ���t-c� �i) .�P��.�aJ , AgentlPower of Attorney Name (if used) Address 8. Terms used in the Bid which are defined in the General conditions or Instructions wili have the meanings indic�ted in the General Conditions or Instructions. SUBMITTED o � , �g� State Contractor License No. g'/� = IF BIDDER is: - An Individuai By (SEAL) (Individual's Name) BF-4 doing business as Business address: Phone No.: A Partnership By (SEAL) (Firm Name) (General Partner) Business address: E.�'�t` 1,j�o Phone No.. 5� . .'� '�!`'�i>; 1---�f � A Cor oration . ' `� ``' � � � B � .� n � �� . Y , ��. '(S��AL�;' ' � �I? � .: - (Corporation Name) ;''�� �-:�' :: ; ;: 4�r . ���aiw ,i "•,, ���`�,; . ;,, � (State of Incorporation) ay � �.��;�y ,,f; (N�me Person Authorized to Sign) ,� �,�� . '�; �� _� � � �� �f�,Q��s���rz� �.�. ��� . � " � r (Title) :- �> , ;:- ; `-" (Corporate Seal) �"r �� �i -� �J � c- "r � �,. 'Li..� �l. l_:� . I''S,' � ��'/ ',� ,r���('•l Attest � � � "� � -';1.: � -�: ( e rY , , Business address: ` � ' C� - �D Phone Na . �7�c�.��- � �/� - Date of Qualification to do business is G A Joint Venture By (SEAL) (Name) BF-5 (,�ddress) By (SEAL) (Name) (,=,ddress) Phone Number and Address for receipt of officiai communications: (Each joint venturer must sigr.. The manner of signing for each individual, partnership and corporation that is a party to :hejoint venture should be in the manner indicated above.) BF-6 UNITED FIRE & �ASUALTY COMPANY CEDr1R RAPIDS,IOWA BID BOND Apprac�ed En�Th�Anienca�t I�istitute oCrlrcl�itects,�-�1.�-�. Docu»re�it Na A 310 F�bn�ary 1970 Eelitio�r KI�IOW ALL NI[N BY THESE PRESEi�(is, that we Lappe Cement Finishing, Inc. , R.R. ��7, Perryville, MO 63775 _as Principal, hereinafter called th� Princip�l, and the UNTrED FIRE & GaSUALTY CONIP.Ai�1Y, a corporation duly org�nized under the laws uf the State of I01V�, as S�uety, hereinafter called the Suretv, are fleld and tirmly bound i�nto the City of Cape Girardeau, MO as Obligee, hereinafter calle�i th� Obli�ee, in the sum of 5� of bid amount ����� i� 5� ), for the payment of which sum well and truly to be made, the said principal an�� the said Siirety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and sever�illv, hnnly b�� the�e �resents. � ��VHEa�.�,the Principal has submitted a bid Eor Sidewalk Reconstruction Program _ Now, T'H�r.EFoae, if the Obligee shall accept the bid of the Principal and the Principal sh�ill enter into a contract ��ith the ObGgee in accordance with ;he terms of suc}t bid, Und ��ive such bocid or �,on�is Us mav L� speciSed in the biddin� or �ontr;�rt documents with good and su�cient surety for the faithful p�rformance of such contract and for the prompt pavment �f lahur and material furnished in the prosecutiun thereof, or in the event of the failure of the Principal to enter such contract ,u�d o ve such bond or bonds, if the Principal shall pay to the ObGgee the difference not to exceed the penalty hereo�'-�atj���, the amount specified u1 said bid and such larger amoitnt for tivhich the Obligee may in good faith contract tivith��itither?��t�r`'%, to perform the work covered by said bid, then this obligation shall be null and void, other�vise to remairr' u-Z�lull�k��rce-�iil��i% effect. � _ �?� ` �- y.__� � G. � � �. Signed and sealed this 25th day of June � �� D.���_fw�� -�, � r � .'.`= s . j, : `� . � ;,..r���;t'� 1 �•� LAPPE CEMENT FINISHING, INC. �''�, v �?,��'.��}•' ` f , ` .�� x ' IPRINQP.-�L) �••, ESS �� l ; � ° '� C 1f1�(,C.( �c�(' . C� .���� � � � /� � �; ,;� F '; f �' Russell Lappe, • �E� President .'. K _ , '' �r: � �,%;�� �, '�`�',': UNITED FIRE & CASUALTY COMPANY (SeaU � � ��.. . / ���_ � s�;.. � ., � (SURE�Y) �� ( � ESS) � � BY , — .�'-���� �_�_--�--�J : a 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 existinc under the laws of the State pf lowa, and having its principal office in Cedar Rapids, State of lowa, does make, constitute ana appoint CHARLES W. DECKER , OR SHARON GLASCO, OR ALAN H . RAUSENBERGER , OR JOHN R. BRANDT, OR WILLIAM TALLMAN , CARBONDALE , IL , OR DEBORAH OBERMANN , CAPE GIRARDEAU , MO, ALL INDIVIDUALLY . of P O 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 ali lawful bonds. undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS and to bind UNITED FIRF & CASUALTY COMPANY thereby as fully and to the same eYtent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and ail the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall exoire N O V E 1'i B E R 1 9 t}? 1 g g Q unless sooner revoked. "fhis power of Attorney is made and executed pursuant to and by au!hority of the toilowing By-Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Articie V - Surety Bonds and Undertakings." Secllon 2,Appolnimenl ol AI(orney-In-Fact."The President or any Vice President,or any other ollicer of tAe Company,may,Irom time to tlme,appolnt by wri��an certlllceles attorneys-In-fac� to ect In behalf ol Ihe Company In the executlon ol policies ol tnsurance, bonds, undertakings and other obligalory Instruments ol Iika nature. The signature ol eny ollicer authorized hereby, and Ihe Corporate sea�, may be atlixed by lacslmlle to any powerof a�lorney or specfa�power of altorney or certificatlon ol either authorized hereby;such signa�ure and seal,when so used,befng adopied by The Company as the origlnai signalure of such olllcer and the ortglnal sea�of the Company,to be valld and b(nding upon the Company with the same lorce and eilect as though manuaily altixed.Such attorneys-In-lact,sub)ect to the limitatlons set torth in iheir respective certilicates of authorlty shall have tuil power to bind Iha Company by thelr signature and execution ot any such instruments and lo attach the seal ot the Company thereto.The Presidenl or any Vice Presldent,the Board ol Directors or any olher olllcer ol the Company moy al any time revoke ail power ond aulhority previously given to eny attorney-In-lact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents �„„�M��� to be si9ned by its vice president and its corporate seal to be hereto affixed this �k�j.��. 19th day of NOVE24BER ,A.D. 1996 '' COI►OfA1E� � •� � � a=�L ±� UNITED FIRE & CASUALTY COMPANY �►. � ,4��4�r� ! . 'Wuuiun+` ��` BY �,�,I , �-��. State of lowa, County of Linn, ss: C�Vice President On this 19th day of NOVEMBER 1996. before me personally came rfAYNARD L. HANSEN 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 seai 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 ef L�irectors 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. /�� ���'� `• LOIS M.SCHUCHMANN � l� � MYCONiMISSIONEXPIRE3 Notary Fublic o„ November10,1995 My commission expires NOVEPIBER 10 ,�g 98 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 force and effect. - nnrn�, In testimony whereof I have hereunto subcribed my name and affixed the corporate seal of the said ���1}'t�. Company this 25th day of June 19 98 � COIt01ATE�� ., ^, �=�L � � r�M��►d• � `r��'� 'wu,.,,,���� Secretary Ra. ACKNOWLEbGMENT OF SURETY State of ___ILLINOIS_ -------------- � 15, Gounty of-__JACKSON ______________ Onth��__25th_dayof----June -----------• 19_98-------• personally appeared before me ___________________ Sharon Glasco � ---------------------------- who being duly sworn did depose and say that he is the attorney-in-fact of �he United Fire & Casualty Conr pany of Cedar Rapids. Iowa, that the seal affixed to the attached instrument is the Corporate Seal oF said Cor- poration, and tflat said instrument was signed and sealed on betialf of said Corporation l�y authority of its Board of Directors and the said_____Sharon_ Glasco_______ ______acknowled ed lh t i c said instru- ment as such attorney-in-fact and as the free act and deed o� said Corporat' �j IAL SEAL P � 4� {; �. v ` _____��•�� � ,. �i'QZ. � .�'�_L� UNU-20316 ������-- --------- MY COMMISSION EXPIRES 8•17-99 � �. LJNITFD FIRE b�CASUf11�I'Y CO1��IPANY ❑ UNITED LIFE INSLII�ANCE COMPANY 118 Second Avenue, S.E., l��st vffice Box 73909 Ceclar R��}�ids, lowa 52407 N�TICE TO MISSOURI SURETY BOND HOLDERS Should you have a question 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 t1�e address :�nd phone number below: United Fire & Casualty Company ATTENTION: Bond Department P.O. Box 73909 Cedar Rapids, Iowa 52407 800-343-9130 Pf-I: 31�)3 JJ-5700 FAX:31 J 3JJ-54�J9