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HomeMy WebLinkAboutRES.1338.01-20-1998 � • �. ,�� BILL NO. 98-14 RESOLUTION NO. ��.J3�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PR DEVELOPERS, FOR THE CONSTRUCTION OF THE CAPE COMMERCIAL PARK SEWER PROJECT 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 PR Developers, for the Cape Commercial Park Sewer Project. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ���^ "��. DAY OF +� ' , 19 �� c A. M. Spradling, III, or ATTEST: r, Gayle . Conrad Deputy City Clerk � �� a CITY OF CAPE GIRARDEAU CAPE COMMERC/AL PARK SEWER SEWER D/STRICT �4-1-C-2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE � '1 THIS AGREEMENT is dated as of the ��r1, day of ' ��..� in the year 19� by and between the City of Cape Girardeau, Missouri (h einafter called OWNER) and PR Developers, Inc. (hereinafter called CONTRACTO . 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 shatl consist of the construction of 681 lineal feet of 8" sanitary sewer, 1 10 lineal feet of 16" dia. bored steel encasement pipe, four (4) wyes, and five (5) manholes. 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 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 sixty (60 1 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 kj:4049:dave A—1 , _ 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 S 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 fifty 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: Fifty-two Thousand Four pollars and no cents . . . . . . . . . . . . . (S 52,004.00 ► As provided in paragraph 1 1 .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 1 1 .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 measured by the schedule of values established in paragraph 2.9 of the General kj:4049:dave p+—2 . � 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 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 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: kj:aoas:dave A—3 , . 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'spurposes. CONTRACTORacknowledgesthatOWNERandENGINEER 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 kj:4049:dave A—4 , • 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 7 inclusive). 8.2 Exhibits to this Agreement (pages _ to _, inclusivel. 8.3 Performance, Payment, and other Bonds, identified as exhibits _ and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). 8.6 Supplementary Conditions (pages SC-1 to SC- 5, inclusive). 8.7 Specifications bearing the title Cape Commercial Park Sewer. 8.8 Drawings. 8.9 Addenda number 1 . 8.10 CONTRACTOR's Bid (pages BF-1 to BF-6, inclusive) marked exhibit A . 8.1 1 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ _to _, inclusivel. 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. kj:4049:dave pi—5 . � 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. kj:4049:dave A—6 � . IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on ..�-��� , 19�(which is the Effective Date of the Agreement�. OWN Mich I G. Miller CONTRACTOR Cit f Ca e Girardeau R Develo Inc. y: �� Michael G. Miller [CORPORATE SEAL] [CORPORATE SEAL] Attest Attest Address for givi notices Address for gi n notices 401 Independence Street 4437 State Highwav K Cape Girardeau, MO 63703 Cape Girardeau, MO 63701 (If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. (If CONTRACTOR is corporation, attach evidence of authority to sign.) kj:4049:dave A—7 . � � � EXHIBIT A CITY OF CAPE GIRARDEAU � CAPE COMMERC/AL PARK SEWER SEWER D/STRICT 14-1-C-2 � BID FORM (EJCDC 1510-18) (1990) � PROJECT IDENTIFICATION: The improvement consists of the construction of 681 lineal feet of 8" sanitary sewer, 110 lineal feet of 16" dia. bored steel encasement pipe, � four (4) wyes and five (5) manholes. 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 furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. � 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the � disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the , Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, i that: (a) BIDDER has examined and carefully studied the Bidding Documents and the � following Addenda, receipt of all which is Il@C2by aCkfIOWI@CIg2CI: �List Addenda by Addendum Number and Date) r � yt O � � � k;:aoas BF-1 I . � - � (b) BIDDER has visited the site and become familiar with and is satisfied as to the � general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; � (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. � (d) BIDDER has carefully studied all reports of explorations and tests of subsurface � conditions at or contiguous to the site and afl drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except � Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent � of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not � be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or Icontiguous 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 concerning conditions (surface, Isubsurface 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 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. . (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents k;:aoas BF—2 I Y � 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 coflusion to obtain for itself any advantage over any other � Bidder or over OWNER. ; 4. BIDDER will complete the Work in accordance with the Contract Documents for the ' following price(s): UNIT PRICE BID , EST. UNIT EST. NO. ITEM UNIT QTY PRICE PRICE � � 1. 8" Sanitary Sewer L.F. 758 $�= $_l���1� 2. Standard Manhole Each 4 S���'� $TP� �' 3. Drop Manhole Each 1 $f�� $ /.l�i-,--""' --��-s��� 4. 16" Diameter Bored Steel � � Encasement Pipe �.F, gp $� $ �.�� 5. 6" Sewer Lateral L.F. 2p $� `�" $�_� 6. Class A Excavation (Rock) C.Y. 10 S�`—;' $�� 7. Pavement Removal & Replacement L.F. Sp $ l�� $�=°� 8. Seed & Mulch (..S, � g�� $�._�' 9. Culvert Removal & Replacement L.F. 46 5��=" $���� TOTAL BID FOR ALL UNIT PRICES . . . . . . . . . . . . . S �'� �-� 17�'7'�, �Gv� ��i�x� <'�.c�,0 ��.[o ��l .e�S � /��rs (Written figure) W:�o4s BF-3 revised . � � Unit Prices have been computed in accordance with paragraph 1 1 .9.2 of the General � Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment wiii be ' based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be wi�l be substantial�y complete within 30 ' 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 45 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 � � G _ ---�-- � Address `��3i �T,�T-� ���_��L'+` L>/�.���,e<J � �370/ E (a) Performance and Payment Bonding Company Name �_� ��n„�r��� s•�,F,�r F ����.��n.��+ � Address _1"�// �a,P.,,-�.n,<<.,�-r- ( LG4YT� 1 /�� �3/c�s� Agent\Power of Attorney Name (if used) ��Lj,�,�,��� f-cP� ,�,—o f � Address / �i.�v��r� ��P�,,� � ��� �x `���� ��,ta��Tv; .. �f �Zv7�� I � 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 _ /— /� , 199�. State Contractor License No. iF BIDDER is: k;:aoas B F—4 � � . r � An Individual � By (SEAL) (Individual's Name) doing business as � Business address: r Phone No.: � A Partnership By (SEAL) � (Firm Name) (General Partner) � Business address: ' ,�-. :;�G'. Phone No.: 1��':%- r �. , c: '�� �,- ' A Corporation . �c �,,J �:�-., -_- By �� l vE L�F����/,siC - -`''�- :::::.��'� -:' '_(SE:AI'.��' .:-� ' (Corporation Name) :=-�-_ ,:�' -� ��- ��' r ., - of Incorporation) = - ���•����" : - i r-• - Bv ' ^� �� S�A�L)y��� . _ I �Name of Person Authorized to Sign) �� ' � �• M �r• � ,, ///�rc;ivFG. �/�,�';� 't�t-t��).cn�?' ;;~�- �... � (Title) �,,��~, }� • .... I (Corporate Seal) " _ Attest �- c� : �� � � - �-`�; - (Secretary) ��o _ � Business address: -��� �'�,� ��7 � ��'`�> `,.-;� � �� ". ...�.: ' ��� � .,d i1./�?a ��'r ��� D c�• �- / , � Phone No.: �7��/���{-�/ , Date of Qualification to do business is ���'�'j kj:4049 B F—5 X � � A Joint Venture � BY - (Name) (SEAL) � (Address) By . � (Name) (SEALj � (Address) � Phone Number and Address for receipt of official communications: � � (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) � � � � � � �! C � � a k;:ooas B F—6 i � t f ' CITY OF CAPE GIRARDEAU � CAPE COMMERC/AL PARK SEWER SEWER D/STR/CT 14-1-C-2 � ADDENDUM #1 � � January 8, 1998 ' The following revisions have been made to the above named Contract Documents: � The Bid Opening date will be changed to January 16, 1998; at 10:00 A.M. in the Office of the City Engineer. � Revised Bid Form, Article 4., Page BF-3 � Revised Plan Sheet: Replace Sheet 2 of 2 with attached plan sheet � I This addendum must be signed and attached to your Bid Documents. Date f— i�� ��3 � _ � � "i'!�E �,±�1EKICAN INS"i'17'li�l�E OF ARCHITECTS __ -- ---� ,�lA Dc�cun,enr,4;1 G � Bid $ond -- KlV4��' A.LL 1��1�N BY THESE 1'R��ENTS, t1�at �ve PR DEVELOPFRS,�tiC.. sd37 ST.a1�N:Hi�;F1��'Al'fi C.��c;rK.+�RllEAtt,1t0 637qi � ;:�(r.r mw�'l Iull i1_'I1c.d7)i addra:s ir.Ie�91 Udt ot Convact,.; as Prtnci�al;hr.rcin.�cr called thc Principsl,and REL.[ANC� IlVSURAICE GO�tPAIVy �;�ic:axonnc►��:T cc.,�r•roN,n-toti3ias a c,��rpOratiOn dUly orcani7cd under ihr ls���s pf the St3tc oI PEiV�'SYZ.v�� es Suret�•,hercinlRtr esllzd t11e tiurct��, :�e held And fim�ly bound unto CITti'OF CAPE GiRAKDEALJ ClTY HALL 40].INDEPEI�'nFtiCE�'C�tE�T C:at'E GITL�KUe:.�Ci.?�i0 637n2 �.vc:t itu�csi fuli n�:*_,an1 ad3t..-Yx<x'l.cZ,+al title afCnmrr) as Uhli�ee; hcr�inaftzr etllle��the C)h)iker,ui the siu„ol' Fi�•e Perce.nt��f Amount Bid------------------_�_-----__,-- ° , Dollar:; � $ � /� f'or th�p;iyment of�o.�;ich sum u•ell and UuI)�to bc.m8e�e,tlle Sa(a Pnncip:i 211C1 tlle Spid Surctt�, liind oursel�:c,,ow•heu-.. exccutors,3dIIlinistrators, suceessors nnd assi.�n.ti:jointl��and�e��erall}�.Iu-m1�=bt�these prescn[:. 14'1-I�:EZ�AS,tl.le Princ.tpal has st�bmitte.'�A h!�.for Cape Commcrcial Pxrk Se��er NO�i�,TI�I��FnR}:',if the Oliligee shAll acupt the bid of tl�e�rincipal isnd the Pri lcipa)shall e ter u to.a Contr:�et r�'ith the Ohligee in acwrdanez��'ith the termy of:�ue}t bid Attd�i�e such bond or bonds as may bt specilied in th� bi.idvlg or C�ontract Dcx;uments 1.�7t11 g�pd and suftiCient si.lreiS-for th�faith.ful�rfoim�u�ce of such Ccmiract and for Ihe prom�t puy7nent o['l�bor and material furnishcd in the pro�rcuti�n ihcrc:o:;ur in the e�*et�t of thc failt►re�f tlte Principal to enter such('onUact urid give such hond or hond�,if the Prii�cipal shall pa��to the Ohli�cc thc diS3ercnce t�ot to cxcced ihe penalty he�'eof'bet�vr.cn iha 9rr1UUilt.s�eCitied in s:ud bid�nd s�ich largcr amo�.mt for t�hich tlic Uhligcx.ul�ti�in gcx�d faitti c;cmts�ct���ikh anothcr p:,rt_y�to pec-foim th.e Work c;c�vtred b��snid b�d.hcn thi�oLilirai;ton sball bc null ai�d��oid, othznvi:e to rcmain.ia full I��ru;dnd cd'ect. .:�:a+�: : Sigrted snd se,�lcd ttti� I6th dt�}'of Januar}, 1')J$ �";;sr•,�;;:. ,;-�� �,:.;,� :�, ;.,��,, := , pR DE�'�LOPERS,II�IC. '' ` - '� ` _ . 4i 'f5" `,; , rinci al) ;.(Se. �t�:� :;;; `,;. �., ,�; (W mcssi (Titicj • • � J �Ty ., .: ,., ,.,,,.,,;;,� RELI.�,J`CE LtiSIrRANCE COMPANY� � � —���`.._t�� (tiuret�j {tiealj _ : _. a---�-�- _!�il�Z� �; C�Z.�.,�.-t._,,,.e. � . (Witnessj (Title) . �,1KOL D.ER�t�nE,ATTORVE�"•Tt�;-PAC"f - AFA DOCG1d�VT'A310 BID BOKD ;�JA A` FEP.Ft1A2:Y ly7U LD THE:UtERIc.=v 1NSTI1`C.JTE OF AR.CNITFCTS,173�N.Y..aVE.,N.H�.��,aslilvGi'pN.D.C. :pOq6 . I . 11�,ahNING: Unlicc�ucd photcx:upying vi.ihites L�.S.:opyright laccr±�d i.s suhjr.t to Icgal prosccvtion. . -� - , _ , RELIANCE SLTRETY COMPANY ItEL4�NCE iNSURANCE C4��A„'VY UNITED PACIF'IC IN'>'t1�tANCE COMPANY R�.bANCE NATtONAL 4'vDENQ�tITY COjbiPANY AOlN{NISTRATIVE OFFiCf, PNILADELPHIA, ?_N�SYLVANIA PawE�oF arro��' KNaW All MEIJ BY TNESE PRESEM'S, that RELIANCE SURETY COMPANY is a corooraua�Culy o�paniied under the lews of the Stste o! Ool- awers, end that REUANC2: INSURANCE COMPANY end UN1TE0 PACiF�C�NSURANCE C�M?ANY, aro co�po►ations d��y o�paniteE under ths lewa of th� Commonwealth of Penr►sylva�ia a.d thet REIIANCE NATIONAL lNDEMNITY COM�LNY is a eo�po�eaon duly orpa�ted undar the lews of �he State ot Wiaconai� �t�e�ei� colfsctivsly cetlod 'the Compeniev"1 and chat ths Coma.Mes by virtue of aignecu.e e�d sesla Co here,by meke, consricuts er+d appoi�t Ch..la R. IbtaQ+rlaq�u+. R�Iph McCuiv4•^. T.l. 8fmrtwcw, CNd L. �rwir»., of Edwa�dsvN1�, Ipb+oi. chei. crve a�nd lawf�l Attornay(s)-irrFact, to maxe, execute, sesl e�d do{ivs�ior end on thar behalf, and as cne�r �et and deed sny � a11 bo..ds and und�rtakk�Q� of ux�ty�hip and to bind the�Comperiiss thereby ae fully and to the same exiant as i} aucr ao�ds ard unesrtekl�gs and other wrib�gs obiigatory in the naturs ths�eof we�s ei�nsd by an Execuovs Offlcer of the Compeniae end sealod ar+C a:tsetsA�y ons Othef of 9VCh oHicer9, enC hereby ratifies a�d conf(rms all that their seid Attorney(.)-irrfact may do in pursuence he�vof. ' This Power of Attom�y is qra�ted under and by the e�choriry of Artick w� of iha 8y-Lew9 ot REl1ANCE SU!;ETY COMPANY, REItANCE INSURANC£ COMPANY, t/NITEb PACIFlC 1NSURANCE COMPANY, ar,e R°UANCE NATIONAL INOEMNITY COMPA(�Y which provisio�s are now in fuU(orts e�+d effact, resdi�p eY follows: N�TIG�[VII•EXFCV1lON Of 90NOb ANO UNOBi�L.1N05 1. TM 6wrd af�k.ohot,tiv R�MdrR,ur Cr:nn�n ef ctf�9ead,r+r S.�:a Nu Pr�K.�nY Vie F...�,..x ar,ywa�n'!p Pr.rd�.�,c e.odw otFc.�daaQn.cW Oy a.ee�e et Ov�etas MMI Mw�r rd�ettOril�r te!N�opewK Alte.rwylal-r►fi�et�nd te w.dwrit�etMm io u��eN�an 0.1�ff r ti.�Ca�p�ny.OeMi v�d vdrt�k'wp���evpNi�ntr�.eenv�ec�e}iMsmrrvh rd octw rvriti�oMp.eery in eM n�tv�tlr�of,and Ibl w r�nta••�nr a+d�AnonnybHevi�.t.rty om.✓id r�va+.a.�oewwr�rd Wdwriey aw�n te sfw�+. ' 2. Attu+MYNYMrf�et�h.r Mr�asww �nC r.�KY.�i�ei w uw erw�.r�e fimK.tiav d�M Vow«.r aa,.m.y i.Krd to�Mm, w ar�nx.A.liv«on Whlr N i�v Cano.rn,oe.m rd v�dac�MinW�. '.eaincr.a+,<:ornrKb M hA�n�ih�.rd otlrr wnary�eoliQ�tory in cM�av tw�ef. TM ea�...N wd i�rot�vc.rarr f« tM vM�4icY o�Mv bero��ne�i,o�rtwro+. t�coY'av�c�.o«m�of inO���Y�rd otlw w�iMtQ�eNiO�tay in Mw nn�r�Mwwt. 3. AttwrryNl+�F�ct xA�Iw�powM wl�v ev�x�eua �Ft1d«�n rpv(�0 10 b1 �tlK�rd�e n...a.'.eopti.t�ncM. eo.�a�at ird«nr:rr a octvr coro�o«.r;a oaq.eorr �.d�r��ki++v�Md d'w�,•tt.Vo M1rN oewu wtd��t4+«itv te unAy w lirw�c;.1.t.umu�I of nr Ca*o.�w.id ca caa.s�^m�BY�tr�e�3,.Comab+r x u+v�rciw a na�on tF...eaf. TAs Pow«of Atter�y i eipnb�nE Ma1�bv f•amiM un0�vd by.nl�o.:e►e�T�la�aw�np resdartian dopt�C e.a� Ex�e'aAv+rd Fn�rrw Cemm�Kw el dr Eo�rds of Oit�ttoh at NN;�na tRpnM•c'.�Canprrt. UnioW Y�dl�t I�i��w Cpnp�rfY Md hli�u N�tia+N ��itr ComP�nY pY lMw��neu� =«�rR d�t�d r e�f�bv�ry 28. 10i� vd bY iN Ex�tv`���;v�e fin�ncid Canmlttw�d dr 8o�d el6fnetas d 11.ir+a�Swp Ca�p�r br Unrtimou Co�w�K dye.d�d Mreh 71.�YOt. 'Rrah�d M�t tM rp�Kv�s ef wth dlr�eton bd aMGeK�wW ttM�.�1 d tM Can0�n1'�^w b�.M�.d a srry w/ch pe�r�r et Atto..»r a �nY urtifitap r�i�unp thr}ta by fninri4�.�n0 r!y wd��'4�+�of Atsansy a wtlAe.t.bwin0 arM I�wi4�vn.evw a twwW w+� w v.li0 w�d bMy�p�oa+tlw Coma.nr uW�nY wu+Pew«w �rkuc�0�rM prafrd D�f�cwmiN�lpevev�r�d f�nimiN taM�M b��ae.na a�aro u�,n,.ea,w.., .n tM IVeV�with r�et to a1y baM a�nevtrcino to wfic�ii�t .a.a�.d.• fN WITNESS WHERgOf, t.he Co�npenie� hove ceused theae preoente to bs siqned and Tn.�• corporate seslo to 6e hereto affixed, thie F.6rusry 2i, 1997. t NM� RELLtNCE SURETY COMPANY ' ��r' '� •""'"�• ,�•�"'M� R.Et.LINCE INSURANCE�OMPANY y�'�►<'�V, = .. � � �`O��wy}4. UNiCED 4ACrF1C INSiJAANCE�OMAANI' 3 0 �' �/LL '� � � `SEAI ` RELI�ANC&NATIONAL WDEMT�1tCY�OMPANY �9 �.� � � ; � M ,1�6• i � ����i'� (L���� Mr 'w.. .`' c � tt�+��� ����L/!{�T`�- �•� �► .`► STATE�F Pennsytverwe COUNTY OF Pt�Iedelphie ss. On thia, fsb�ery 21, 18�17,befOre me, T�mmy 8w K�y�t{,pe�9o�a1fY appee�ed D�viE +.s1k�, who acknowlodgsc!himselt to be the Senlor Vice Prevident of th� Re(torlcy Su�sty Cort�ps.+y. snd tfi� Yce P��sident ot Reliance I.,sursra:• Compa�y, United Psoific �nyV�ence CorrJpany, and Re�ianCe Netional lndemr�ity Compsny ond thst ws euch, ba�p autho�zed to Co aa. ��uted the fo.eqoing i�9tnime�t for t�e purpbse therein contained by siQninq tf+e name ot the corporation by Fdmsslf sa ita duly euthori�ed offica:. In Witnsss whereot, I har�wnto set mY h,uid and ottcial seel, y SuE K� 4 NQTAft49L�A(, � J�F �_' `� � ��J^�- � TANlMY SUE KAY;�Ti.NOQtry Pl.tlic ` ,� ��2.7?l--}'t t,( . �1 l'Z K.i.c.�.,'��. CAy ot Pti'.la3:lptita,Pr.lfa.Ccunty r � � Notary Public in to�ths Stata o! Pery, ytva�ia (',pmmiy;+'.�Er.�res J�tl��!?. t�?8 4�' P� Residirp at Phii phie 9 I, Anita ZJppsrt, Secretary of REUANCE SURETY COJ�APANY, RELIANCE INSURANCE ��IPANV� UNfTEO PACIFlC INSl1RANC£ COMPANY, and REUANCE NAT14tJAL INIJEMNITY COMPANY do heteby certify that the ebove ard forepamp is a true and corrvct copy of the Power of AttomeY oxecvted by said Companies, wfiich ie stifl i�fu{�force a�d effect. � IN WlTtJESS WHEFiEOF, F f+eve he►vunto set my hanc!and effixed the eeele of aaid C«.wernas this 1 ht y of January �y 48 � � ,p+"�"�r� Secrotary � �"""�.� _ � �..�.� b 1 Q�,;,,� ,� �•u• ' _ `� � '(`SEeZ¢ o �� 'r+ y` � �� "1S��»�� s�lr►�� ' SW. �i - - ����,,• -.. � ♦ '� ,.•„ � � _ _ �.f �.�WP? �i�r•r�•�N� . � � ;� � R { STATE OF ILLZNOIS COUNTX OF MAAISON Ori January 16, 19�98 be£ore me; a Notary Publ�.c in and �oz sa�d County and S�a�e, reszding �herein, duly commzssioned and sworn� personally appeared C�rol D. E�wine know �o me �o be the Attorney--Tn-Fact v� Reliance Insurance Company � the corpozation described in and �hat she executied �he within and fozegoing instrumen�, and know to me �o be the person who executed the saz.d instrumen� in behalf oF tihe said corpozati�on, and she du�.y acknowiedc!ed to me that suc2� corpozation execu�ed the same. IN WZTNES:> WH�REO�, T have hereun�o set my hand and atfixed m�' o�ficial sea�., the day and year s�ated �n �he certiticate above. ri �-� My Commiss�ion Expires: 07j29/01 ��'�'�' � � . Notiary Public .rrr�.:w.�;: ,,,.,_..,;, ����'�.y�� ��t1� rJi,��?�� �f�7�� . ' �:OTtiRY�1i3;,;C, STATE OF ILLlNOIS "�1''CO!.ifriiSSt�ld EXPifiES:O>/29/O1 , ''vww;: �..�:...,�,�� 1