HomeMy WebLinkAboutRES.1649.03-05-2001 . '
BILL NO. 001 -�0 RESOLUTION NO. t �� _
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH NIP KELLEY EQUIPMENT CO, INC.
FOR IMPROVEMENTS TO CAPE WOODS
CONSERVATION AREA
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 Nip Kelley Equipment Co. , Inc. , for improvements
to Cape Woods Conservation Area. A copy of said Agreement is
attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS �� DAY OF � � ��� , 20 l�•
A. M. Sp adling, III , r
ATTEST:
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CITY OF CAPE GIRARDEAU
CAPE WOODS CONSERVATION AREA
STANDARDFORM OFAGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the l Q� day of in the year 2Cb1 by
and between the City of Cape Girardeau, Missouri (herein er called OWNER) and _
Nip Kelley Equipment Co. Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows: �
The work to be performed under these Contract Documents consists of several
improvements to the Cape Woods Conservation Area that is located next to Osage Park.
The improvements to be constructed include: a ten car parking lot with disability provisions
at the north end of the area, a concrete access road/driveway, a concrete connecting trail
from the parking area to the existing recreation trail, and an aggregate walk from Hopper
Road to the existing trail, 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 Ninety (90) 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 Five (105) 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 Two Hundred and Fifty Dollars $ 250.00
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
Fifty 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 thousand five hundred dollars and thirty cents-------- ($ 100,500.30 )
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.
A-3
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy
or completeness of information and data shown or indicated in the Contract Documents
with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has
obtained and carefully studied (or assumes responsibility for having done so) all such
additional supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or
contiguous to the site or otherwise which may affect cost, progress, performance or
furnishing of the Work or which relate to any aspect of the means, 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.
A-4
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
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 A-1 to A-7 inclusive).
8.2 Exhibits to this Agreement (pages BF-1 to BF-6 , 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 Cape Woods Conservation Area.
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inctusive.
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
A-5
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).
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 , 20�(which is the Effective Date of the
Agreemen.t).--�-��
�`,
- OWNER Cit Ca e Girardeau CONTRACTOR Nip Kelley Equipment Co. Inc.
Michael . Miller, Cit Mana er �p� KQ �i.�,c.{ ��P�j �,���
By: - _ �=
(CORPORATE SEAL] [ RPORATE S AL] -
, -
Attest � Attest � �
Address for giving notices Address for giving notices
401 Independence Street 41 N. Sprigg Street
Cape Girardeau, MO 63703 Cape Girardeau, MO 63701
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
A-7
EXHIBIT A
CITY OF CAPE GIRARDEAU
CAPE WOODS CONSERVATION AREA
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The work to be performed under these
Contract Documents consists of several improvements to the Cape Woods Conservation
Area that is located next to Osage Park. The improvements to be constructed include a ten
car parking lot with disability provisions at the north end of the area, a concrete access
road/driveway, a concrete connecting trail from the parking area to the existing recreation
trail, and an aggregate walk from Hopper Road to the existing trail, for the City of Cape
Girardeau.
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
� 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, receipt of all which is hereby acknowledged: �List Addenda by Addendum Number and Date)
Addendum #1 Januarv 31 2001
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 respect to Underground Facilities at or contiguous to the site.
BIDDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data conceming conditions (surface, subsurface and Underground Facilities)
at or contiguous to the site or otherwise which may affect cost progress, perFormance or
fumishing of the Work or which relate to any aspect of the means, methods, techniques,
:�'� sequences and 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 fumishing of the Work in accordance with the
i
times, price and other terms and conditions of the Contract Documents.
I
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(fl BIDDER has correlated the information 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):
BF-3
CAPE WOODS CON5ERVATION AREA QUANTITIES
UNIT PRICE BID
NORTH DRIVE/ACCESS ROAD
NO. ITEM UNIT EST.QTY. UNIT PRICE EST. PRICE
1 GRADING SY 561.9 $ $ 5!0/��f0
2 CLEARING AND GRUBBING AC 0.12 $� •07� $
3 EARTH BORROW CY 493.27 $ •D� $
4 CURB AND GUTTER REMOVAL L.F. 54.24 $=-11�.L:Z $ .
5 6" P.C.C.PAVEMENT SY 561.9 $ $ ��
6 6" INTEGRAL CURB L.F. 604 $ / , (QD $
7 4"TYPE V AGG.BASE SY 561.9 $ �,.3�� $�-�7
8 4"THICK CONCRETE SIDEWALK SY 154 $ ' j�' $'�; �f03.�U
9 ADNST MANHOLE EA. 1 $ �5,oa $ .3 .
10 SEED AND STRAW AC 0.14 $�o"np $_��OD •�L�
ESTIMATED SUBTOTAL $ � �
NORTH PARKING LOT
NO. TTEM iJNTT EST.QTY. UNIT PRICE EST.PRICE
1 GRADING SY 483.8 $ /, 40 $ D
2 CLEARING AND GRUBBING AC 0.1 $ D D .00 $��Q�
3 EARTH BORROW CY 741.28 $��Q $ ��
4 6"CONCRETE PAVEMENT SY 483.78 $ �(o,7.Z $ �
5 6"INTEGRAL CURB LF 57.5 $ f,��IZ $
6 4"TYPE I AGG.BASE SY 483.8 $ �,_�n $���
7 STRIPING L.F. 275 $---�� $ �OI ,
8 SIGNAGE W/POSTS SF 3.5 $ D,OO $��,0�,
9 PARKING BLOCKS EA. 5 $ ��.DO $__.�l�J��U
10 SEED AND STRAW AC 0.12 $����oD,D1� $ 3�l�
ESTIMATED SUBTOTAL $ y
RESTROOM FACILITIES
NO. ITEM LJNIT EST. QTY. LJNIT PRICE EST.PRICE
1 RESTROOM FACILITY LS 1 $ $ �
2 6" PVC SEWER PIPE L.F. 50 $ $ .DO
3 15"x6"WYE EA• 1 $�� $ .'��'D_Gb
4 1 1/4" COPPER WATER PIPE,TYPE L L.F. 26 $ �.S� $-.���
ESTIMATED SUBTOTAL $ / ��
Addendum#1 Concrete Bid Page 1
NORTH CONNECTOR TRAIL
NO. ITEM LJNIT EST. QTY. UNIT PRICE EST. PRICE
1 GRADING SY 123.3 $ • � $ ,�1�7�28
2 CLEARING AND GRUBBING AC 0.03 $ 0 ") $ �00
3 EARTH BORROW CY 180.19 $_�� $
4 6" P.P.C. PAVEMENT SY 123.3 $ ,C�U $1:��
5 4" TYPE V AGG. BASE SY 123.3 $----�� $_�� �.I�,
6 12" RCP L.F. 25 $--�� $ ` . �GrG� b
7 12" FLARED END SECTION EA. 2 $��I�D $ �/�.Dt�
8 SEED AND STRAW AC 0.04 $��J"OC� $ �1/c0�-QC�
� 4�.K.
ESTIMATED SUBTOTAL $�yI,�L�
AGGREGATE WALK
NO. ITEM LTNIT EST.QTY. UNIT PRICE EST.PRICE
1 GRADING SY 167 $ , ' $ ' ,oZ
2 6°GRADE"B"AGGREGATE WALK SY 167 $� $ �.3;� .Uz�
ESTIMATED SUBTOTAL $ l I o� , �
TOTAL BID FOR ALL SECTIONS $ l Do 5a0 � ��I
This Addendum must be signed and attached to your bid submittal.
— � � Date ��—f�=0�
Addendum#1 Concrete Bid Page 2
(In case of error in extension, the unit and lump sum prices under each Pay Item will be
considered correct, and these sums when properly extended, shall constitute the Bid.)
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 Nine 90 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 One Hundred Five (105) 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 conceming this Bid shall be addressed to: .
Name vince Keilev
Address 41 North Sprigg St. , Cape Girardeau, MO 63701
(a) Performance and Payment Bonding Company
Name Merchants Bonding om=an�
Add�eSS 2100 Fleur Drive, Des Moines, Iowa 50321
Agent\Power of Attorney Name (if used) Donald L. Wasoba
Address 22 Avocado Cir. , St. Peters, MO 63376
8. Terms used in the Bid which are defined in the Genera( conditions or Instructions will
have the meanings indicated in the General Conditions or Instructions.
BF-4
SUBMITTED on Februarv 15 , 2001 •
State Contractor License No. 0010575
IF BIDDER is:
An Individual
gy (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
BPartnership (SEAL)
Y
(Firm Name}
� (General Partner)
Business address:
Phone No.:
A Corporation
gy Nip Kelley Equipment Co. , Inc. (SEAL)
(Corporation Name)
Missouri
(State of cor ration)
By (SEAL)
,�,� ;`�J � ame of erson Aut rized to Si n
` _{j �.L%.r "` . g � Jan Kelley
y i� �.+'��i
.` ?.�°° `Pre
ti � �
��:��' r .,• `��` (Title)
� ��' ': .
~ -�,f��p�fe ���)�
� :Gn r__�.. , . �� :
� �� ., : :.
.�i °�h, .A /..,
�
"'�%,,,, '�.:��> t�.- � (Secretary) vince K ley
Busiriess�address: 41 North Sprigg St. , Cape Girardeau MO 63701
BF-5
Phone No.: (573) 334-0553
Date of Qualification to do business is
A Joint Venture
gy (SEAL)
(Name)
(Address)
gy (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.)
BF-6
BID BONQ
. 41 N. S ri Street 1
Cape Girardeau Missouri ' 63701
. -�„..�.-.a*... .
LI�Y qiM��rid Aadrwt Of P�tD�1 lN�r M 6YY�Mtk .
c nt
' 2100 Fieur Drive
Des .Moznes, IoWa 50321 800 678 - 81 1
���►�1� - ' .
C a O . d ce Street
Ca e Girardeau, Missonri 63701
���� ���ebruary, 15, 2001 '
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� R
Merchants Bonding Company
cn��an
POWER OF ATTORNEY
Know Ail Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under
the laws of the State of lowa,and having its principal office in the Gty of Des Manes,County of Polk,State of lowa,hath made,
constituted and appointed,and does by these presents make,consGtute and appoint
Donald L.Wasoba
of St.Peters and State of Missouri its true and lawful Attomey-in-Fact,with full power
and authority hereby conferred in fts name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any
and ali bonds,undertakings,recognizances or other written obtigations in the nature thereof,subject to the limitation that any such
instrument shall not exceed the amount of:
TWO MILLION($2,000,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers oi the MERCHAHTS BONDING COMPANY(MUTUAL),and all the acts of
said Attomey-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on Octobe�3,1992.
ARTICLE 11,SECTION 8-The Chairtnan of the Board or President or any Vice P�esident or Secretary shall have power and
auttwrity to appoint Attomeys-in-Fact,and to authorize them to execute on behalf of the Company,a�d attach the Seal of the
Company the�eto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in fhe nature
thereof.
ARTICLE 11,SECTION 9-The signature of any autho�zed officer and the Seal of the Company may be affixed by facsimile
to any Power of Attomey or Certification tliereof authorizing the execution and delivery of arry bond, undertaki�g,
recognizance,or ofher suretyship obligations of fhe Company,and such signature and seal when so used shall have the
same force and effect as though manualfy fixed.
In Witness Whereof,MERCHAtJTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and
its corporate seal to be hereto affixed,this 12th day of September , 2000 ,
.••'""•.
:O���NP,�,�O�A9�• MERCHANTSBONDINGCOMPANY(MUTUAL)
: �'�'�� 99r''y'�:
.►-y.:= -o- �; .
;y 1933 .•'c: By �
• ... � ti• �
.�Jd�� � .1,,�0.
STATE OF IOWA �••....•• President
COUNTY OF POLK ss.
On this 12th day of September , 2�� .before me appeared l.artY Taylor,to
me persona��y known,who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),
the corporatlon desc�bed in the foregoing instrument,and that the Seal affixed to the said instrument is the Cotporate Seal of the said
Corporation a�d that the said instrument was sig�ed and sealed in behaff of said Corporation by authority of its Board of Directors.
In Testimony Whereof,I have hereunto set my hand and affixed my Offidal Seal at the City of Des Moines,lowa,the day and year first
above written.
���......���
�• K �c C ••� �r��M�/�/✓/J �///C���Lfit/Y)
• `I` < •
: J� .....�''., yi :
; � •• y : Notary Public,Pdk County,lowa
• IOWA '
� � .
. . s •
. y :, - � •
• or'••.........•`�� :
. ,
�•. qRin�y :
STATE OF IOWA �'•......••�
COUNTY OF POLK ss.
1.William Wamer,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is
still in force and eBect.
In Wttness Whereof,I have hereunto set my hand;�nd affixed the seal of the Company on
this 15th day ot Febru��.y°i""1�'('�0'L%: , , .••"'••. �,
�•`" 1:('i Gf ''�,� ••p�NG.Cp,h•.� �.�G«� u2��
�`���L�,......;,,�,.P '�i''.: ?.� A . -
., , � :�O 0 P09,�•:�y Secretary
`�c;;f'�����'2��;'✓�Zy'c' �;:'`:
'�'ry , i%% ""�Z.= -�- C:3�
�d" ' '��: 1933 :e:
.:.o .. rl?,-:'s o r j•�'y;b �C1r.
MSC OBU(2198) �,:.�.o . � •�-J •
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