HomeMy WebLinkAboutRES.900.02-23-1994 BILL N0. 94-38 RESOLUTION NO. `%L'f�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH KCO CONSTRUCTION
CO. , INC. FOR THE WEST SIDE RELIEF SEWER AND
MODIFICATION OF EXISTING SEWERS CROSSING
PROPOSED MISSOURI HIGHWAY 74
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 KCO Construction Co. , Inc. for the West side relief
sewer and modification of existing outfall and trunk sewers
crossing proposed Missouri Highway 74 . A copy of said Agreement is
attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS �:,a!�;,;( DAY OF ����s� Y� r/�,�, ' , 19�.
� ,
L--� _ �1 J,; ;
>;, , ,�-
ancis E. Rhodes, Mayor
ATTEST:
; �,
r � �
c:� .i'��
Gayle . Conrad
Deputy City Clerk
CITY OF CAPE GIRARDEAU
WEST S1DE RELIEF SEWER AND MUDIFICTION OF EX/STING OUTFALL AND
TRUNK SEWERS CROSSING PROPOSED M/SSOUR/ HlGHWAY 74
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the l7� day of in the ytear
19 by and between the City of Cape Girardeau, Misso ' (hereinafter called
OWN R) and KCO Constrctruction 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 shall consist
of the installation of a segment of 36" R.C.P. sanitary sewers, and for
existing 21" and 30" sanitary sewers , the abandonment of existing
manholes, the construction of new manholes, and encasement in concrete,
all at the crossing with proposed Missouri Highway 74.
ArtiCte 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 Forty-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 Si�y (60L 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 Two Hundred Dollars 200.00 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 Dollars
100.00 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 Twenty-seven thousand nine hundred thirty-three and
58/100--------------- ( $ 27,933.58)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments;Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during
construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be
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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.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
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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 surtace or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract
Documents with respect to Underground Facilities at or contiguous to the site.
CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all such additional supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR
does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
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7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing of the
Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7, inclusive).
8.2 Exhibits to this Agreement (pages _ 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-4 , inclusive).
8.7 Specifications bearing the title West Side Relief Sewer and Modification of Existina
Outfall and Trunk Sewers Crossing Proposed Missouri Highway 74 and consisting of
1 divisions and pages, as listed in table of contents thereof.
8.8 Drawings, with each sheet bearing the following general title: West Side Relief
Sewer and Modification of Existing Outfall and Trunk Sewers Crossing Proposed
Missouri Highway 74, and standard sheets. Drawings not attached hereto.
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR's Bid (pages to , 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
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
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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
ENGINEER on their behalf.
This Agreement will be effective on , 19�{which is the Effective Date
of the Agreement).
OWNER �.i�l � ��� CONTRACTORI�C_'D Con�.S�ru��'o�1 CDo•.ZnJc�
��'irn�rr�n��, M�«�1 r�
BY• By: � n__.�o`�� �r�s .'�(�,,. -E-
[COR ORATE SE [CORPORATE SEAL]
r
Attest Attest __�� �, �ti(/
����� ����
Address for giving notices Address for giving notices
�. t�.��t ��� �° o. �„� ��i.�
�c�o c�'�rnnfeQ�,i F i'�lt�1������-�/I �n�� ��rA.-d e , ; /�� �37a.z.��L�3
(If OWNER is a public body, attach License No. 35�
evidence of authority to sign and
resolution or other documents Agent for service of process;�;�� ��e
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to
sign.)
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CITY OF CAPE GIRARDEAU f
, ,,
�;
WEST S/DE REL/EF SEWER AND MOD/F/CA T/ON OF EX/ST/NG OUTFALL AND
TRUNK SEWERS CROSS/NG PROPOSED M/S50UR/H/GHWA Y 74
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION:
Instail a segment of 36' R.C.P. sanitary sewer. For existing 21" and 30" sanitary
sewers� the abandonment of existing manholes, the construction of new manhotes and '
the encasement in concrete of existing pipe, all at the crossing with proposed Missouri
Highway 74.
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO fi3701-6244
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 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:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: (usc n�,��y aaa��a�,
- Number and Date)
lU sr►-a
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t (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, progrress, perfomiance and furnishing of the Rlork;
� (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, perfoimance and furnishing of the Work.
I (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 Cond.itions of the extent of the "technical data" contained in such
reports and drawings upon which BIDDER is entided to rely as provided in paragraph 4.2 of the
General Conditions. BIDDER acl�owledges that such reports and drawings are not Contra�ct
' Documents and may not be complete for BIDDER'S purposes. BIDDER acl�owledges 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 otheiwise which may affect cost
progress, perfoimance or furnishing of the Work or which relate to any aspect of the means,
' methods, techniques, sequences and procedures of construction to be employed by BIDDER and
safety precautions and programs incident thereto. BIDDER dces 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 condidons 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.
� (fl BIDDER has correlated the information lrnown to BIDDER,information and observations
obtauied from visits to the site, reports and drawings identified in the Contract Documents and
' all addidonal 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
I 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.
I
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I
(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 cdnformity with any ag�eement or rules of
any group association,organization or corporation;BIDDER has not direcdy or indirecdy induced
or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced
any person,fum 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.
(i) (Any other representation required by Laws and Regulations.)
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
UI�TIT PRICE BID
TOTAL
ESTIlVIATED UNTT EST.
NO. ITEM � UNTT QUANTITY PRICE PRICE
1 Abandon Manhole on 21"sewer Each 1 $�szz.L o $ iszz•�o
2 Abandon Manhole on 30"sewer Each 1 $ ,��a.�o $ �r.�. �o
3 Concrete encase 21"sewer LF. 160 $ �7.o o $ a7ao. o 0
4 Conaete encase 30"sewer L.F. 160 $ i7 0 0 $ a�ao.o0
5 60" Diameter MH over 21"sewer Each 1 $ .303d..z3 $ 303�.�3
6 72" Diameter MH over 30"sewer Each 1 $3��8.�s $ 3���.�s
7 36" Class IV R.C.P. sewer L.F. 230 $ Sx s8 $ .� 3. o
TOTAL BID FOR ALL UNIT PRICES _ � �; 933.S� ($ �?7 9 3 3.ss )
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 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 aocordance with
paragraph 14.13 of the General Conditions within 60 calendar days after the date when
the Contract Times commences to run.
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i _ .
IBIDDER 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.
I6. The following documents are attached to and made a condition of this Bid:
I (a) Required Bid Security in the form of bid bond or cashiers check
(b) Required BIDDER'S Qualification Statement with supporting data.
I (c) (Add other documents as pertinent)
I7. Communications conceming this Bid shall be addressed to:
Name _ lle:�-l. �.� � . ,. p ll c� � o �-���.�.�d-,r o H �� -r� �.
( Address � �
!J ` r.a-r o ,�_ VLl , / ,� �oa-i�/ 3
�
( (a) Performance and Payment Bonding Company
( Name ..L� �.�n_� � ,.��,Qr.�,e„� /}� �I S,-�s Co % /'h;d .� s� �.,r1�,�,� C'o.-�•
S 55� l,,� , Towlti.� �e.•
Address 5/�o k.`.Q. �_ � L l�oa�7- �.o 0
( Agent�Power of Attomey Name (if used) 10 n�( 1 Wa�ob►� � _.� �,_, �-,3,,., x.^.�.
( Address �a �� ��Kd�l( �I�� . 5�-. .,.. -S !Yl o • � ��o �
8. Terms used in the Bid which are defined in the General conditions or Instructions will
� have the meanings indicated in the General Conditions or Instructions.
SUBMITTED on �-�, �� , 1 g 5� .
( State Contractor License No. �o� a
I IF BIDDER is:
An Individual
By (SEAL)
� (Individual's Name)
doing business as
IBusiness address:
( Phone No.:
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I
p
A Partnershiq
BY (SEAL)
(Frm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
B�l _ k C.C� (� o✓i -�-r v.�`�-�a r� �n�-►!J►ar U , Z.1 c • (S EAL)
(Corporation Name)
I� . s s o�,�;
(State of Incorporation)
BY � � --��-� (SEAL)
\ ( ame of Person Authorized to Sign)
- 1-�r�s.�� ,.-.,�_-E' t�tn�, � .
��c�
(Title) :���s' - � �*,
_ �::.-- .
(Corporate Seal) _ ` � t'
_`��,,�:� - �
- .,., , .
� /_ f � �•� �J
Attest `'" .�
.._. z
Secretary) "�.; �� ��� `��
Business address: �• o . �aX ��i� �`.�,-;;: �
C �4�J la:r.a-✓c� a - y J��v le�7D�—��e� � � - . . . .. �
T
Phone No.: `� i �i - 3 3y -3'f 7�
Date of Qualification to do business is -v-aa-9 3
A Joint Venture
BY (SEAL)
� (Name)
(Address)
BY (SEAL)
(Name)
(Address)
�
i
BF-5 �
Phone Number and Address for receipt of official communications:
(Each joirrt 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.)
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• BOND SBE 121614 81
��b� NUMBER
���� PRINCIPAL: NAME ADDRESS
c«�ooM POWER OF ATTORNEY CITY, STATE, ZIP
ORIGINALS OF' THIS POWER OF ATTORNEY ARE PRINTED ON
GREEN SAFETY PAPER WTTH BROWN INK. DUPLICATES SHALL KCO CONSTRUCTION COMPANY, INC.
HAVE TI�SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WF�N
ISSUED [N CONJUNCTION W1TH TE�ORIGINAL. PO Box 1613
KNOW ALL MEN BY THESE PRESENTS: that the Indiana Lumbermens Mutual Cape G1Z'ardeau, MO 63702-1613
Insurance Company, a Corporation duly organized azid ezisting under the laws of
the State of Indiana, with its principai office in the City of Indianapolis, Indiana,
does hereby make, constitute and appoint
EFFECTIVE DATE
Donald L. Wasoba February 15, 1994
CONTRACT AMOUNT
$ 60,000.00
BOND AMOUNT
$ 3,000.00
as its truc and lawful Attorney(s)-in-Fact,with full powcr and authority hereby conferred to sign,exxute,acknowledge and deliver any and all bonds and documents
relating to such bonds on its behalf as follows:
T'he obligation of the Company shall not ezc.eed one million(51,000,000.00)dollars.
And to bind the Corporation thereby as futly and to the same extent as if such bonds and documents rdating to such bonds were signed by the President,sealed and
duly attested by the Secretary of the Corporatio�, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of At-
torney is executed and may be revoked pursuant to and by authority granted by Article IV,Section 2-A(1)and(2)of the By-Laws of the Indiana I.umbermens Mutual
Insurance Company, which reads as follows:
(I)The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the Corporation,to appoint
Attorneys-in-Fact for purposes only of executing and attesting to bonds and docurt►ents rolating to such bonds,and at any time to remove any such Attorney-
in-Fact and to revoke the powor and authority given to him.
(2)Attorneys-in-Fact when so appointed shall have power and authority, subject to the temu and limitations of the Powers of Attorney issued to them, to
execute and dcliver on behalf of the Corporation any and all bonds and documents rclating to such bonds, and such instruments executed by any such
Attorney-in-Fact shall be as binding upon the Corporation as if signed by an Executivo Officer and sealed and attested by the Secretary.
IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice President,
attested by its Secretary and its Corporate Seal to be hereto affixed this FIRST �Y of JULY �q 93 _
ATTFST: Indiana Lumbertnea4 Mutual Insurance CompanY
gY ("J By �C�^.�"'"""( fL-i-1-��
Sureury �yK���
STATE OF INDIANA l
COUNTY OF MARION ) SS:
On this FIRST �y of JULY t9 93 ,before me personally came the individual who
executed the preceding instrument,to me known,who being by me duly sworn,acknowledged the execution of the above inswment and did depose and say:that(u
is the therein described and suthorized officer of the Indiana Lumbermens Mutual Insurana Company:that he knows the seal of said Corporation:that the seal affix-
ed to the said instrument is such corporate seal:that it was so affixed by order of the Bosrd of Directors of said Corporation:and that he signed his name thereto by
like order.
�aY...P��•.
�P ' "'••.A
/D, /99�' �o, —'�,�
M ommission Expircs 2���'��`'� Naa Public
STATE OF INDIANA SS• �*�tioinNr* ry
.�
COUNTY OF MARION ' �...�
I,the undersigned,Secretary of the Indiana Lumbermens Mutual Insurance Company,do hereby certify that the above and foregoing is a true and rnrrect Power of
Attorney, executed by said Indiana l.umbermens Mutual Insurance Company, which is still in force and effcet.
This Certificate may be signed and sesled by facsimile under and by the suthority of the following resolution of the Board of Dirxtors of Indiana Lumbermens
Mutual Insurance Company at a meeting duly called and held on the 12th day of lune 1973.
"RESOLVED:That the use of printed facsimile of the Corporate Seal of the Company and of the signature of the Secretary on any certification of the correctness
of an instrument executed by the President or a Vice President pursuant to Article [V, Section 2-A (1) and (2)of the By-Laws appointing and authorizing
Attorney-in-Fact to sign in the name and on behalf of the Company bonds and documents relating to such bonds,with like effect as if such seal and such signature
had been manually affixed and made, hereby is authorized and approved."
tie it further resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge.
deliver or otherwise issue a policy or policies of insurance on behalf of Indiana Lumbertnens Mutual I�suroncc Company.
In witness whereof,[have hereunto set my hand and affixed the seal of said Coryoration,this 15th
dey of Februarv 19 94 .
(SEALI
�c.�. G� 4 �_,
Form 249(7-93) ��rv _
BONO NO. SBE 12161481
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we KCO CONSTRUCTION COMPANY INC.
1 Ca e Girardeau MO 63702-1613
as PRINCIPAL, (hereinafter called the Principal),and INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY
, a corporation duly organized under the State of Indiana and authorized to transact
a general surety business in the State of . MO as SURETY, (hereinafter called the Surety►, are held firmly bound unto:
Cit of Ca e Girardeau, Missouri
as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 5%of the accompanying bid of the Principal, not,
however, in excess of Three Thousand and NO/100---------------'—"----------- dollars,
(S � nnn_00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind oursetves, our hei:s, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH,That,whereas the Principal has submitted or is about to submit to th2
Obtigee a proposal or bid, dated on or about the date mentioned below, for: (11 the performance of the designated �vork,or
(2) the furnishing of the specified goods,supplies or products, to-wit:
Installation of a segment of 36" RCP for existing sewers, construction of new manholes
for existing and encasement in concrete of existing pipe, at proposed HWY 74.
�
N01�N, THEREFORE, if the Principal shall not legatly withdraw said bid within or at the times permitted therefor, but shall I
duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid,or any I
amendment thereof acceptable to the Principal,within the time permitted therefor after such contract forms are presented to .
the Principal for execution, should the Obligee award the Principal the said �vork or contract, or any part thereof: and if the
Principal shalt give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going I'
thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to th� Obligee !�
the damages which the Obligee shatl have actually suffered by reason of such failure, not exceeding the pena� sum o1 this ;j
;;
bond, then this obligation shall be null and void,othenvise to be and remain in full force and virtue. �;
;j
;,
PROVIDED, HOVJEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid ;�
� shatl hzve been made �vithin thirty (30) days after the formal opening of said bid, or within the time specified�vi.h�n rhe bid !i
Iprovisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said arrard at the i
� time of notification to the Principal; and unless legzl action to enforce any claim hereunder shall have b2en commenced i
�vithin six (6) months from the date of the formal opening of said bid.
i
PROVIDED, al�vays, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy
of a Power of Attorney authorizing the undersignPd Attorney•in-Fact to execute such a bond, the Serial Number upon w.hich
Copy of Po�ver of Attorney shall correspond with the Bond Number set out above.
Signed, sealed, and dated this 15th day of February 19 94
KCO CONSTRUCTION COMPANY, .INC.
BY
- - Principal
INDIAN UMB£R1�IEI�S_;MUTUA� INSURANCE COMPANY
• .-h�
BY ��.�" ,�� ��
Donald L:",7�fa�oba� Attorney-in•Fact
INDIANA LUM�E&M$lV6—�M��AL INSURANCE COMPANY
c/o Midwest Indemnit�,;Corporation
5550 W Touhy Ave, Suite 400, Skokie, IL 60077-3200 �