HomeMy WebLinkAboutRES.1188.07-15-1996 BILL NO. 96-219 RESOLUTION NO. %��,�'.,;r
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT
FOR THE GOOD HOPE/FOUNTAIN STREET BRIDGE
REPLACEMENT
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 for the Good Hope/Fountain
Street Bridge Replacement. A copy of said Agreement is attached to
this Resolution and made a part hereof.
PASSED AND ADOPTED THIS � :' (.1�. DAY OF ��,�� <'t�,.. , 19 `'� t,r
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A. . Spradling, III,,, ayor
ATTEST: �
1;F � � f �' /r
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1 , /� .
Gayl�,1 L. Conrad
Deputy City Clerk
CITY OF CAPE GIRARDEAU
GOOD HOPE/FOUNTA/N STREET
BR/DGE REPLACEMENT
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, Mis ri (hereinafter called
OWNER) and Niq Kellev Eauipment Co., Inc. (hereinafter �II d 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 demolition of the existing railroad bridge at Good Hope and Fountain
Streets, rebuilding of the roadway, constructing curb and gutter,
pavement, sidewalks, storm cirainage and all things necessary to
complete the project as indicated in the improvement plans, for the City
of Cape Girardeau, Missouri.
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 fortv-five (45) 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 sixtv (60) days
after the date when the Contract Times commence to run. �
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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 Five
Hundred Dollars S 500.00 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 S 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 paragraph 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: Fiftv-one thousand two hundred ninetv dollars and
ninetv-three cents 1551,290.93)
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 P�ogress 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
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construction as provided in paragraphs 5.1 .1 and 5.1 .2 below. All such payments wiil
be measured by the schedule of values established in paragraRh 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 Gonditions).
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 FinalPayment. 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 atlowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
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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 Contraot 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.
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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.
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 8 inclusive).
8.2 Exhibits to this Agreement (pages _ to _, 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 Good Hope/Fountain Street Bridge Replacement.
8.8 Drawings.
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR's Bid (pages 1 to 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
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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.
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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 EN on their behalf.
This greement w' be effective on , 19Q�(which is the Effective
D e of the r ent).
_ ,.
WN CONTRACTOR =
Cit f Ca e Girardeau Ni Kelle E i ment Co. Inc. --
By: /�i��,�E.� �.rr�� ,�2 By: -
[CORPORATE SEAL] [CORPORATE SE �
Attest J�1,� Attest
,DEPu C i ry L'G E.t.l j
Address for giving notices A dress for giving notices
401 Indeqendence Street 41 N. Sprigg St.
Caqe Girardeau, MO 63701 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.)
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EXHIBIT A
� CITY OF CAPE GiRARDEAU
, GOOD HOPE/FOU/VTA/N ST/�EET
BR/DGE HEPLACEMENT
, BID FORM
(EJCDC 1910-18) (1990)
� PROJECT IDENTIFICATION: The improvement consists of the demolition
' of the existing railroad bridge at Good Hope and Fountain Streets,
rebuiiding of the roadway, constructing curb and gutter, pavement,
sidewalks, storm drainage and ail things necessary to complete the project
; as indicated in the improvement plans, for the City of Cape Girardeau,
Missouri.
�
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
� CAPE GIRARDEAU, MO 63701-6244
� 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 B'rd 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:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
, following Addenda, receipt of all which is hereby acknowledged: (usc aa�a�� bY Ada���m
Number and Date) �/
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(b) BIDDER has visited the site and become familiar with and is satisfied as to the
I 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 "technicai 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 progrgss, performance or furnishing of the Work or which relate to any
I aspect of the means, methods, techniques, sequences and procedures of construction
to be employed by BIDDER and safety precautions and programs incident thereto.
BIDDER does not consider that any additional examinations, investigations, explorations,
' tests, studies or data are necessary for the determination of this Bid for performance and
furnishing of the Work in accordance with the times, price and other terms and conditions
of the Contract Documents.
� (e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
, Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
� observations obtained from visits to the site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
�
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� (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 BtDDER, 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.
' (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):
' EST. UNIT EST.
N0. ITEM UNIT QTY PRICE PRICE
'
1: Improvement Removal L.S. ---- $(o.aoo`� $ (�-T`�
� 2. Pavement Removal S.Y. 774.5 $ ��'0 $��; 3�3�
� 3. Sidewalk Removal S.Y. g13 $�� ���°O
4. Earth Barrow C.Y. 1,600 $�,`�`? $��, y Uv o0
� 5. Grading S.Y. 7g5.g $ /QO $�O
6. 7" P.C.C. Pavement S.Y. 766.7 $� $1�`y`Y G�S
i 7. 6" P.C.C. Pavement S.Y. 29.2 $ �l�o $ �ay g�
8. 6" Upright Curb L.F. 276 $� $�°
i 9. 4" Sidewalk S.Y. 212.8 $ o�/ °4 $�8�
10. Double Inlet Each 1 $�° $��°
■ 11. Single Inlet Each 1 $ . DO`�' $ D-`�
1,� 1,�
� 12. 18" RCP L.F. 211 $ a�oo $_�`7`�"� ov
13. 18" Flared End Each 2 $'3�D� $ 7�Q°a
j 14. 18" Pipe Headwall & Grate Each 1 $�°`O;' $�pO
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, 15. Grouped Rip-Rap S.Y. 11 $ �°—° $���_��
� 16. Chain Link Fence L.F. 164 $� $��
17. Seeding & Mulching Acre .15 $���-�$—�—��
� 18. Adjust Manholes Each 1 $ (c�'n-�% $ (o�;'D °o
19. Adjust Valve Covers Each 2 $a��,��$��
� TOTAL BID FOR ALL UNIT PRICES — cc..�, $ ' g`3
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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 will be substantially complete within 45
, 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 60 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:
' Name ,'� 'L� C�
, Address � � � t� .1� • � �� r'v �
� (a) Pertormance and Payment Bonding Company
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Name � �l-��� % 1�� 11 � i `?(�(;L �;�,�
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� Address � (�C� G� �S !v YV� �:37�.�.-
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� Agent\Power of Attorney Name (if used) ,/ �Q 1.�� �.. �C<_ 5���(
Address .SGIM'►[� (�.l S �.c..�Chtt'
� 8. Terms used in the Bid which are defined in the General conditions or Ins#ructions will
have the meanings indicated in the General Conditions or Instructions.
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SUBMITTED on ..�G(_� , 19��D.
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State Contractor License Na ��J f l� .� 7�
IF BIDDER is:
� An Individual
By (SEAL)
� (Individual's Name)
doing business as
� Business address:
, Phone No.:
A Partnership
' By (SEAL)
(Firm Name) �
� (General Partner)
Business address:
� _
Phone No.: - -_
, A Cor oration , . -
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By 1 . f'Y� -� (SEp�I.) -:_:
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(State of Incorporation) � . - � --
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BY � t1 �y.(SEAL)_ �
(Name of Person Aut o ized to Sign) -_ ` - -
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� Date of Qualification to do business is q 7
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� A Joint Venture
BY (SEAL)
(Name)
� Address
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By (SEAL)
� (Name) -
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Phone Number and Address for receipt of official communications:
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(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
i above.)
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" �� INDEMNITY CORPORATION
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4610 UNIVERSITY AVENUE,SUITE 1400,MADISON,WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P.O.BOX 5900,MADISON,WI 53705-0900
PHONE(608)231-4450•FAX(608)231-2029
POWER OF ATTORNEY No: 4 019 91_
Know ail men by these Presents, That the CAPITOL INDEMNITY CORPORATION,a corporation
of the State of Wisconsin, having its prmcipal offices in the City of Madison, Wisconsin, does make, constitute and appoint
---------------------ROBERT A.SODERLAND, BARBARA J.LEMM,GARY E.BRADLEY-----------------------
------------------------------------LINDA K. MOORE OR DONALD L. WASOBA------------------------------------
its true and lawful Attorney(s)-in-fact, to make, execute; seal and deliver for and on its behalf, as surety, and as its act
and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract
of suretyship executed under this authority shall exceed in amount the sum of
------------------------------------------------NOT TO EXCEED $2,500,000.00-----------------------------------------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of CAPITOL INDEMNfTY CORPORATION at a meeting duly called and
held on the 5th day of May 1960:
"RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted
the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other
writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretanes and attorney(s)-in-fact, each appointee to have
the powers and duties usual to such offices to the business of this company;the signature of such officers and seal of the Company may be affixed
to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or ce�tificate bearing such facsimite
signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and
facs�mile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the
nature thereof to which it is attached.Any such appointment may be revoked,tor cause,or without cause,by any of said officers,at any time."
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1993.
CAPITOL INDEMNITY CORPORATION
Attest:
� �� \\\`\\\2�0����{(INIITI�I/C�O/�9/q//i � .� �'^'�
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Virgiline M.Schulte,Secretary �a CDRPORATE y� Gcorg .Fait,President
_� SEAL °� ` �
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STATE OF WISCONSIN '%, ��S�oNs"'o�`��
1 ���iiiinnnuaaa�\�
COUNTY OF DANE I
On the 1st day of June, A.D., 1993, before me personally came George A Fait, to me known, who being by me duly
sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of
CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that
he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
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STATE OF WISCONSIN �\�P PETER sZ� f�,�.� �-, ,
COUNTY OF DANE � _* HANS *; Peter E.Hans
�� ti � �� Notary Public,Dane Co.,WI
�'��i,���������jjjj111�\��p���`� My Commission is Permanent
CERTIFICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing
attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison. Dated the 9th day of Ju 1 y , 19 96 .
\`\\\\\�oqIM�NIITlv//%�94//' n .
�O 9' �J
� =a CORPORATE'-'- � �
� _;, SEAL °` Paul J.Bre er,Treasurer
��///���SCONS�c�\\��\�\\` . . .
�
////////�����������\\
This power is valid only if the power of attorney number printed in the upper right hand corner appears in red. Photocopies, carbon copies or
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. ° ��
1/r \
� \ � � •
1 .� IND.�MNITY CORP ,
0 R�,Z ION
(a Stock C�mpany, organized under the laws of Wisconsi
n)
g�� BOND No. 401991
KNOW ALL MEN BY THESE �RESENTS,
That we, N�� Kelley Equipment Co.
41 Sprigg Street � Inc.
tho "Principal)a as Princ pal aand M�e C p��ol indemni
organized u n d e r t h e l a w s o f t he State of Wisconsin (hereinafter called the �� �her e i n a f t e r c a l l e d
t y C o r p o r a t i o n o f Ma dison, Wisconsin a corporation duly
are held and firmly bound unto Surety"), as Surety,
The City of Cape Girardeau
Cape Girardeau, Missouri
the sum of Five Percent of the Amount g�d (hereinafter called the "Obligee"), in
for the payment of which sum weii and truly to be made, Dollars (S 5� Amt. Bid
ourselves, our heirs, executors, administrators, successors and ass gns,jointly aind sevef a said Surety, bind
presents. Ily, firmly by these
WHEREAS, the Principal has submitted a bid for '
Good Hope/Fountain Street
Bridge Replacement
NOW, THEREFORE, if the Obligee shali accept the bid of the Principal and the Princi al sh
Contract with the Ob(igee in accordance with the terms of such bid, and p all enter into a
be specified in the bidding or Contract documents with good and sufficient suret for
give such bond or bonds as may
performance of such Contract and for the prompt payment of labor and material furnished in the r
thereof, or in the event of the failure of the Principal to enter such Contract and iv Y the faithful
if the Principa! shall pay to the Obiigee the difference not to exceed the penaity hereof betwee p osecution
g e such bond or bonds,
specified in said bid and such larger amount for which the Obligee may in good faith contract with ano
n the amount
party to perform the Work covered by said bid, then this obligation shaii be null and void, otherwisehto
remain in full force and effect.
Signed and sealed this 9th day of Jul
y A.D. 19 gg
, ..
.,
;.,.,
J ;� �
NIP KELLEY EQUIPMENT CO. , INC q '� " -
.CSEALI' ; �
Witness , � � y, ��;, .
� � � %ZSEAL;
(Prin�i�81) , .
S ,,. .
(Title)
CAPITOL INDEMNITY CORPORATION �
A Wisconsin Corporation, (Surety)
Witness '
2,...�.,,,as..._ ,
gy. .��8`E��L).
, , +, ,
. Donald `'�'`
Watoba� Att�rna� in F�rt `
�,C,� `
' , (Title) � � ' - : '
Capitol Indemnity Corporation ,.�;,� � ��
PO Box 5900 • -
Madison, WI 53705-0900 �
(CIGC-422-BD-(6/89) 608/231-4450 '