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HomeMy WebLinkAboutRES.877.11-01-1993 , ,/ r � `��_�''3 BILL NO. 93-255 RESOLUTION NO. X 1 ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PR DEVELOPERS, INC. FOR THE MARGARET STREET IMPROVEMENT 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 a Contract with PR Developers, Inc. for the Margaret Street Improvement. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ;�,:� DAY OF �IG 1�t%�}'�'%% , 19 � � > y . :. .�' � � ' _` ,,,'',- , "�f�'-`� ��' ' ���°'r'` �-'''�.i Francis E. Rhodes, Mayor ATTEST: ��c �.��., r Gayl L. Conrad Deputy City Clerk CITY OF CAPE GIRARDEAU MARGARET STREEl STANDARD FORM OF AGREEMENT BETWEEN O�VNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the J� day of���,�.��� in the year 19 93 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and PR Developers. Inc. (hereinafter called CONTRAC"TOR). OWNER and CONTRAC"TOR, in considera.tion 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: Construction of approximately 2121ineal feet of 30' wide, 6" thick, P.C.concrete pavement with integral standup curbs and drive entrances. Article Z. 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 60 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 75 days after the date when the Contract Times commence to run. 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 dela.y (but not as a penalty) CONTRACTOR shall pay OWNER A-1 I Two Hundred Dollazs ($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 CON'I'RACTOR 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 ($100.00) for each da.y that expires after the time specif'ied in paragraph 3.1 for completion and readiness for final paymen� 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 esta.blished 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 iT1VIT PRICES Seventeen Thousand One Hundred Thirtv Seven and no/100- $17.137.00. As provided in paragra.ph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinarions of actual quantities and classif'ication are to be made by ENGINEER as provided in pazagraph 9.10 of the General Condidons. Unit prices have been computed as provided in pazagraph 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 paymenxs; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRAC"TOR's Application for Payment as recommended by ENGINEER, on or about the lOth 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 ma.de and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. A-2 % of Work completed(with the balance being retainage). If Work has been 50% completed as determined by ENGIlVF.ER, and if the chazacter 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 re**> ;n;ng 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 documenta.tions satisfactory to OWNER as provided in para.graph 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 Cont�ract 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 beaz interest at the maximum rate allowed by law at the place of the Projec� Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTR.ACTOR 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 sa.tisfied as to the general, local and site conditions that may affect cost, progress, performance and fumishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, sta.te and local Laws and Regulations that may affect cost, progress, perfoimance and furnishing of the Work. A-3 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 exisriug 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 responsibiliry 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, investigarions, 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 fiunishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACT'OR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or daxa 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 obseivation obtained from visits to the site, reports and drawi.ngs identified in the Contract documents and all additional examinations, investigations, explorarions, tests, studies and data. with the Contract Documents. 7.7 CONTRACTOR has given ENGIlVEER written notice of all conflicts, enors, ambiguides 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 fumishing 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). A-4 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 tide Detail Specifications and consisting of DS-1 divisions and DS-3 pages, as listed in table of contents thereof. 8.8 Drawings consisting of a cover sheet and sheets numbered 1 through 27 . Drawings not attached hereto. 8.9 Addenda numbers to . inclusive. 8.10 CONTRACTOR's Bid (pages BF-1 to BF-6, inclusive) marked exhibit A . 8.11 Documentation submitted by CONTR.ACTOR 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 pazagraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above aze 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 Cont�rract Documents may only be amended, modified or supplemented as provided in pazagraphs 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 parry hereto of any rights under or interests in the Contract Documents will be bind.ing 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 A-5 are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limitetl 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 uncler 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. 9.5 OTI�ER PROVISIONS. 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 ,�1���� 7, 19�(which is the Effective Date of the Agreement). OWNER CITY OF CAPE GIRARDEAU CO CfOR E /� c ' By, By. . [CORPORATE SEAL] [CORPORATE SEAL] i Attest Attest ` �ddress for giving notices Address for giving notices CITY OF CAPE GIRARDEAU ���7 �T,.o-r.,� �,T� 401 INDEPENDENCE STREET _(�'�,�t ���� � �� CAPE GIRARDEAU. MO 63701 A-6 (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 Contra.ctor is corporation, attach evidence of authority to sign. A-7 r " � +-� � -� CITY OF CAPE GIRARDEAU � . MARGARET STREET . � BID FORM (ETCDC 1910-18) (1990) � PROJECT IDENTIFICATION: �� Construction of Mazgaret S�eet between Leroy and Marvin Streets with approximately 212 li.neal feet of 30' wide, 6" thick P.C.concrete pavement with integral standup curbs and drive entrances. � T'HIS BID IS SUBMITTED TO: CTTY OF CAPE GIRARDEAU M , O 401 INDEPENDFNCE STREET � CAPE GIRARDEAU, MO 63741-b244 _� d1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Con�act Documents to perform and furnish � all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times i.ndicated in this Bid and in accorda.nce 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 remai.n subject to acceptance for thirry-five days after the day of Bid openi.ng. 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 Biddin Documents and the followin g g � Addenda, receipt of all which is hereby aclrnowledged: �LSst Addenda by Addendvm Nvm�er and Date) � � � � BF-1 � 'f� _ � � (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 furnishi.ng of the R7ork; � (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 furnishi.ng of the Work. �� (d) BIDDER has cazefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical condidons in or relating to �� existing surface or subsurface structures at or condguous 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 drawi.ngs upon which BIDDER is entiderl to rely as provided.in para.graph 4.2 of the General Conditions. BIDDER aclmowledges that such reports and drawings are not Contract � 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 Biddi.ng 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 examinarions, � investigations, explorations, tests, studies and data concerni.ng conditions (surface, subsurface and Underground Faciliries) at or contiguous to the site or otherwise which may affect cost progress, performance or furnish�ng of the Work or which relate to any aspect of the means, � methods, techniques, sequences a.nd procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional exami.nations, investigations, explorations, tests, studies or data are necessary for the � determ.i.nation of this Bid for performance and furnishi.ng 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. � (� 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 examinarions, invesrigations, explorations, tests, studies and da.ta with the Contract Documents. � (g) BIDDER has given Engineer written notice of all conflicts, eaors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution � thereof by FNGINEER 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 4d . � ._r.` .:�S�f-" �r------�- � . _... . . ----- - . t. � ` (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, fum 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 far itself any advantage over any other Bidder or over OWNER - (i) (Any other represenratioa required by Laws and Regulations.) 4. BIDDER will complete the Work in accordance with the Contiact Documents for the following price(s): UNIT PRICE BID " TOTAL ESTIl�IATED UNTT EST. NO. ITEM UNTT QUANI�TY PRIGE PRICE 1 Class B Excavation C.Y. 213 $ ��_ $� y 2 Street& Drive Pavement Remova( S.Y. 130 $ �� _ � ����• °� eo 3 6" PC Concrete Pavement S.Y. 709 $�_ $ � `� �/ 4 6" Integrai Curbs L.F. 416 �� �� 5 6" PC Driveway Pavement S.Y. 112 $ a3�' $g��.`,2� 6 Seed & Mulch L.S. $ 2�� $ °'O• TOTAL BID FOR ALL UNIT PRICES�'�•-��-�-�a lr.o�s,a�.� 2�.�E ($ 17, 13'1.oo ) �(v.uv�Eo T�i•e�t ���� Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER aclrnowledges 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 subsrantially complete within 60 calendar days after. -:` . the date when the Contract T'unes commences to run as provided in paragraph 2.3 of the Genera]: .'Y ' � Conditions, and completed and ready for final payment in accordance with paragraPh 14.13 of _:_. � the General Conditions within 75 calendar days after the date when the Contract T�.��Y, commences to run. . - �*. � .,. A�v - _ ,, � BF_3 '-�_ ;:i _5� _ .,;�. � ��r,�,� � _._..�:.�hai::' -, Ti - • r- � �,' �� i BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure � to complete the Work within the rimes specified in the Agreemen� �'- 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of � „ ��n�„�.a � �.-E i;`� (b) A tabulation of Subcontractors, Suppliers and other persons and organizations required � to be id.entified in this Bid. `"` (c) Required BIDDER'S Qualificarion Statement with supporting data. � C1 Add other documents as � � � ( pertinent) � 7: Communications concernin this Bid shall be addressed to: g � Name �. _�ci���t�'o� , /,v� . � Address ___��-r .� �x. �?-,Q � . - � �/,eO.�.L���Z��;� ��.�n/ � 8. Terms used in the Bid which aze defined in the General conditions or Instructions will have � the meanings indicated in the General Conditions or Instrucrions. � i SUBMITI�D on 1��,2. �I 19� � State Contractor License No. � IF BIDDER is: � An Individual -� BY (SEAL) (Individual's Name) � doing business as Business address• � � Phone No.: r BF-4 r r` A Partnershin - BY (SEAL) (Firm Name) Business address: Phone No.: • �.� � �� , ` � T�. � , .-,�,.�, �;v ���,- s; ,.., ,,r� _a _.�"' -F' •�:,� �a: A CorQoration r� � �. j!:� - By �2i I � � P�p.S f �,L, �,� (SEAL.)��� .4 � y >s (COIj70I3t10II N3IIle) ��' `"- ' -- � - .i,fT �s ,�///S�D�J,c�f . f, - (srate of incorporauon) - BY � (SEAL) (name of person authorized to sign) `t�s���� (Tide) (Corporate Seal) Attest Business address: _ ��3 �z 3cY7�A ( ''�PE �/ .v f,�1,,,/� I37o/ ' Phone No.:_ �,�/�,�-ax� � Date of Qualification to do business is O— � A Joint Venture By �s�,� (Name) � Address ( ) BY (SEAL) ' (Name) . ■ BF-5 i � � � . . (Address) _� _.: __ � : �. � - � , Phone Number and Address for receipt of officiai communications � � _ _ . � _ . � (Each joint venturer must sign. The manner of signing for each individual, partnerslup and corporation thax is a party to the joint venture should be in the manner indicated above,) �. ` � � � �' � � _ C - , � __ _ I BF-6 � . TNE AMERICAN lNSTITUTE OF ARCHlTECTS M . . A/A Documeni�L3�0 - � � � �id Bond KNOW ALL MFlV BY THESE PRESENTS, thatwe P.R. Developers, znc. �Here�exrt tuil name and a�r�«legal tide ot ContncWd R �., #3 Box 307-p,�, C�pe G�rardeau, Missouri 63701 as �nnupal, fiereinaher catled ti�e P�incipa, and Ind ' �x�����������.k.o���ti�����,,, 8283 N. Hayden Road, Suite 250. Scottsdale, Arizona 85258 a corporation duty organized under the laws of the State of A r i z o n a as Surety, hereinafter calted �he Surety, are held and firmly bound unto City of Cape Girardeau �"`K'"""�u"'"Kandaddte'�°'k�iva��ro�� Cape Girardeau, Missouri 63701 as Obligee, he�einafter called the Ob(igee, in the sum of *'`**Five Percent ( 5% ) of Bid Amount**** Dolian (S . ), ,• fo�the payment of which sum weU and iruiy to be made, the said Principal and the said Surety,bind .. ourselves, our heia, executors, adminisirators, successors and assigns, joindy and severally, firmiy by ihese p�esents. ' � WHEREAS, the Principai has submitted a bid fo� (Nere i�nen tuti name,addrest and desuiption ot ProI�W Construction of Margaret Street • Cape Girardeau, Missouri NOW, THERFFORE, if the Ob(igee shall accept the bid�of the Principal and the Principal sF�all enter i�to,�.Co�� `,,_';. with the OWigee in acco�dante with the terms of such bid,sed give such bond or bonds as nuy be specified in�the biddi�rg:��: or Contraa Documents with good and suHicient wrety for the fa;thful performanc.e of wch���;� �p��'•.,,' ^,. WY���labor and material fumished io the p�osecution thereof,or in the event of the faiture of ihr Prirrcipat to.enkr ;:^'�. wch Contnct and give wch bond or bonds,if ihe Principal shail pay W the Obligee the difference+at W esoeed.tEie pena(lYt'��;'�,�, lkreo!between the amou+�t specified in said bid and wch larger anaunt for which the OWiBK m�y i�S�d:faitk contrad• - �. wit1�anotbu party to perfonn the Work covercd by said bid,tt+ai this obfigatan s}uU be nuU and wid,edxrwise.to rrnairt�':;� in fult t�ce and effec� ,� �, :;: � :_' , > Signed and sealed this day of �; ; .•; ' : • Sixth October �9�g�3'�#�•'' . . ` .Y -)r. 4 . �.,�3*lltttl�?k�.... �ie L�. dEGa��es,��. '���.�'� (Pn ) �Sea!) (1NiNess) , �s. , _ (Tide) Individual Surety. Inc + � lSurcry , '' • . tWitness) . � I �,, i, idel il' � � . ' Attorney-in-F ct " AIA DOnJIMENT A37�•BtD BONp•AtA�•FfBRUARY 7970 fD•TF{Q,�,1ERICwN - INS71TtJTE OF ARCHITEG75, 1735 N.Y. AVE., N.W., WASMINGTON, D.C. 20006 . . WARI�YNG:UNlunsed phobeopyl�g viol�Ls U.S.topyrl�ht Isws and b wblect to Mpv P�+tlon. � INDIVIDUAL SURETY, INC. � ` 8283 NO.HAYDEN RD..SIJITE 250.SCO'I'I'SDALE,AZ 85258 GENERAL POWER OF ATTORNEY Know A!1 Men by These Fresents.That�dDIVIDUAL SUREI'Y,Inc.,a corporation duly organized and exisung undez the laws of the state of Arizona and haNing its Principsl office in Scotudale,Arizona,does by these presents make,constinite and appoint . Kennetn E. Myles, CLU S��e Gi r�rdeau and Scate of Ml G4� lYl its true and lawful Attorney(s)-in-Fact, with full power and authoriry hereby conferred ir.its nazr.e,pla�e and stead to ezecute, aclrnowledge and deliver Anv and All Bonds (515,000.000.00) and to bind the Company thereSy&s fully and to the same extent as if such bonds were signed by the President sealed with the coiporate seal of the Company and di�l; actested'by its Secretary,haeby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made imdez and by auchoriry of the following resolutian adopted by the Board of Directors of the Individual Surery,Inc.,at a meeting held on the 6th da,y of Juae 1988. Be It Resolved, that the Presider_t, any Vice-Presiden� any Seczetary or any Assistant Sectetary shall be and is hereby vested with full power and authoriry to appoint any one or more suitablP �ersons as Attomey(s)-in-Fact to represesit and act for and on behalf of the Company subject to the following provisions: "Section 1.Attorney-in-Fact .Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company. to execute, acknowledge and deliver, an/ end ali bonds,recognizances,con�acts, agreements of indemniry and o[her condiaonal or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such uutruments so execated by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Wirness I{�hereof, Individual Surety, L-sc. has caused these presenu to be signed by its Secretary / Treasurer and ics corpora�e seal to be hereto affixed this z.srd day of J�e A.D.,19 93 ,`c`,���aotaa�a�,�'e ,,.��.� L. �C�;���.� �mrvmu�.svx�-rr,�rc �aa � h. : ��O,�p.FIT P(;8�,a��o� c ° A,q�'�'�;�'�3� B r��v �� r + ; � � State of N'1.SS011rl - � � _o_ ; - - Counry of Taney 'e ����, „ - a �� ` = i'se��Qv aJOQ��`` •��, ��.F�,��S��y�,.� On ihis 23rd �'�' d�ancy Z��� � � �e year 1993 , before me . s notary public, personally appeazed JoSet�Y'.ina A. 2or2.o1 i ' . personally lrnown W me to be the person who executed the within uutrument as SPeretar�� ! TYPc3Sl1YP7' , on behalf of the corporation therein named and aclrnowledged to me that the corporation ezecuted iG Nancy L. umiller, Nocary Public I,the undersigned Secretary oE Individual Surety,hereby cercify that the above and foregoing is a full, true and coaect copy of the Original Power oE Aaorney issued by said Company,and do hereby fiad:er certify that the said Power of Atsorney is su11 in force and effec� And I do hereby furtha certify that the Certification of this Poaa of Attomey is signed and sealed by facsimile under and by the authoriry of the following resolution adopted by the Board of Direcwrs of the Individual Surety.Inc.,at a meeting duly called and held on the 30th of June 1988, and that said resolution has not been amended or repealed: , " RFSOLVED,that the signature of the Secrecary or any Assistant Secretary of this Corporaaon, and the seal of corporation.may be afFxed or printed by facsimile to any certificate to a Power of Attomey of this CorporaGon, and that such printed facsimile signa[ure and seal shall be vatid and binding upon this Corporation." ' _ GIVEN under my hand and the seal of said Company, at Scotudale,Arizon� this S iXth day of i�^��'�';=�'�-��;'�y,.^ � October lq 93, .�.;,�_�+.��;�f . -• �,•4�•,,� � 'J i•:�,'��n 4�t�. ��::�'�" , ��,a-o�.�� �:;�:... F;�'-. � ;j`ti:,r.y'J '. .�''.i,>' . $eCiEG3�. r � •:%-� . _Y; ����'����ti:�;�;�" - � :' ..�'`:--°, - _ ,� . ;• r,� a.v ,.•1. . . ,.:+•s`.-w'- . �r . '•�.le;,rftfi�n ..,.