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Home My WebLink AboutRES.2264.04-02-2007 f v CITY OF CAPE GIRARDEAU Resolution Authorizing a Contract for the installation of a sprinkler/standpipe system(s) to be installed within Fire station #l, South Sprigg St, Fire Station #2, 378 Mt Auburn Road, Cape Girardeau, MO STANDARD FORM OF AGREEMENT BETW�EN OWNER AND CONTRACTOR QN THE BASIS OF A STIPULATED PRICE X � THIS�GREEMENT is dated as of the�Q�day of �p�� in the year � 200fd by and between the City of Cape Girardeau, Missouri(hereinafter called OWNER) ��d Premier Fire Protection. 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 aH Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Work to be performed under these Contract Documents shall consist of the installation of a11 required labor,material,equipment and services necessary to provide a complete wet automatic sprinkler system throughout the two existing fire stations. This work will include replacement and or the installation of new fire alarm panels and all necessary wiring to connect to flow and tamper alarn�s, connection to existing e�erior fire mains and replacement of ceiling tiles. All detail design,and or drawing, and all other things necessary to complete this project as described in the bid specification aze also included. Article 2. Owner's Representative The Fire Chief or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to Fire Chief in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within ninety (90) calendar days after the date when the Con#ract Times commence to run as provided in the General Conditions, A-1 Y and completed and ready for final payment within _ one hundred twenty 11201 days after fihe date when the Contract Times commence to run. 32 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 no# completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the Gene�al Conditions. Th�y also recognize the delays,expense and difficulties involved in proving#he actual loss suffered by OWNER if the Work is not competed on time. Accardingly, instead of requiring any such proof, OWNEft and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER _ $10.00 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 negiect, 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 $10.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CQNTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1: 4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for eaCh se�arately identified item of Unit Price Work times th+e estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: One hundred four thousand and nine hundred fiftv eiqht dollars ($104,958) Article 5. RAYMENT PROCEDURES. CONTRACTOR shall submit Applications far Payment in accordance with the General Conditions. Applications for Payment will be processed by Fire Departrnent as provided in the General Conditions. 5.1 Pnagress 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 Fire Chief, on or about the 10th day of each month during construction. All such payments will be measured by the schedule of values (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. A-2 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 Fire Chief shall determine,or OWNER may be withhold. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Fire Chief, and if the character and progress of the Work have been satisfactory to OWNER and Fire Chief, OWNER, on recommendation of Fire Chief, 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 Cbmpletion 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. 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 Fire Chief shall determine, or OWNER may withhold. 5.2 Finat Payment. Upon#inal completion and acceptance of the Work,OWNER shall pay the remainder of the Contract Price as recommended by Fire Chief. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 6.1 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". 6.2 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. 6.3 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. 6.4 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 A-3 Underground Facilities) which have been identified 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 af 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 Fire Chief 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) att such additional supplementary examinations, investigations, exptorations, tests, studies and data concerning conditions(surface, subsurface and Underground Facilities)at or contiguous to the site or othervvise 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 C�NTRACTOR 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. 6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the sit�#hat re(ates to the Work as indicated in the Contract Documents. 6.6 CC�NTRACTOR 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. 6.7 CONTRACTOR has given Fire Chief written notice of all conflicts,errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by Fire Chief is acceptable to CONTRACTOR,and the Contract Documents are generally suificient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages A1 to A6 inclusive). 7.2 Notice to Proceed. 7.3 CONTRACTOR'S Bid (pages 1 #0 4 , inclusive) marked exhibit A A-4 . 7.4 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 Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Docurnents 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 speci�ically 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. 8.3 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. 8.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and a!t 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. 8.5 The General Contractor shall provide to the City of Cape Girardeau Fire Chiefs'Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These may be provided on a weekly basis or submitted monthlywith ea�h pay request. A-5 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been defivered to CONTRACTOR and Fire Chief and two counterparts to the OWN�R. All portions of the Contract Documents have been signed, initiafed or identified by OWNER and CONTRACTOR or identified by Fire Chief on their behalf. X� � This Agreement wil! be effective on �f► � I�� , 200�(which i�the Effective Date of the Agreement). OWNER Citv of Cape Girardeau CONTRACTORPcew��er ��tc P�Irrc�.;o�n �In�• Doualas K. Leslie. Ciiy Manaqer _S�-fr4 U n��c�'< . V C� By: ,�� B y� [ O RATE SEAL] [C ORATE L) Attest Attest - J� da jordan, �ec.—Treas.. Address for gi ng notices Address for giving notice 401 Independence Street ��1 7�,�-1, �o-�, Cape Girardeau. MC� 63703 �f Gc �c� � � ��d� (If OWNER is a public body, attach License No. �t.� -�(�C> /.� evidence of authority to sign and �p o f��J yl�� resolution or other documents Agent for se irv c.�e of process: authorizing execution of Agreement. �1 (If CQNTRACTOR is corporation, �,�4' ��'.g� attach evidence of authority to sign.) ,,� � ;;r ,+ Ir.�: a"�•, � 7"`'=t., e��l�� f'�� « ` ' �,�� ; _ .._ ,t ,� , ,` �, A-6 . � � ' B I D P R O P O S A L PAGE 1 CITY OF CAPE GIRARDEAU `' 4 O 1 INDEPENDENCE ,��7 �B�T P O BOX 617 CAPE GIR.ARDEAU, MO 63702 TAX ID 43-6000593 00001 VENDOR BID OPENING 3 : OOPM 03/27/07 BID # I001610 BUYER NANCY D POSTON CONTRACT PHONE 5733347146 FAX 5733357946 FOB PAYMENT TERMS: ALL INVOICES RECEIVED AND APPROVED FOR PAYMENT BEFORE THE 25TH OF THE MONTH ARE PAID THE lOTH OF THE FOLLOWING MONTH. FAXED BIDS WILL NOT BE ACCEPTED THIS BID CONTACT MARK HASHEIDER AT 573-334-3211 WITH ALL QUESTIONS REGARDING SPECIFICATIONS. -------------------------------------------------------------------------------- COMMODITY CODE QUANTITY UNIT UNIT PRICE EXTENSION STOCK # LINE # DESCRIPTION SHIP DATE -- ------------------------------------------------------------------------------ l. 000/ / / PLEASE QUOTE PRICE FOR JCjE� �.{�_��A'� INSTALLATION OF SPRINKLER/STANDPIPE SYSTEMS PER ENCLOSED SPECIFICATION. PRICES ARE TO BE ENTERED WHERE INDICATED IN THE SPECIFICATION. �� ^ ,L_ L� _,,,� ��' ALTERNATE: F�� rlw�'futi� VENDOR TAX ID IS � � " OS �T�T ZZ�3 (THIS IS THE NUMBER USED ON EMPLOYER' S QUARTERLY TAX RETURN, U. S . TREASURY DEPT. FORM 941 - FOR U.S . VENDORS ONLY) . THIS BID IS SUBMITTED BY : ADpENDA RECEIVED COMPANY VENDOR�W1�� "O��l`��a�� NO DATE ADDRESS � L�I N• � S'�'' NO DATE CITY r, �� Kv' �ZOOZ NO DATE SIGNED ,�,�,1,_�� TYPED TITLE e DATE 3 Z? 07 TELEPHONE NO ,�7��50 •-/G3� � . / y y � a ��r�. 4..' 3 �� 'r�t��i+�� . � �: r �` . {..._... P.O.Box 1037 www.premierfire.net 1251 North 6th St. Phone (270) 443-7060 Paducah, KY 42002-1037 Fax (270) 443-8048 3/27/07 Division of Purchasing 401Independence Cape Girazdeau,MO 63701 Re: Fire Protection Upgrade @ Cape Girardeau Fire Station number One and Two Attn.Nancy Poston Premier Fire Protection Inc. proposes the following sprinkler installation: • Fumish and install a wet automatic sprinkler system throughout the two existing fire stations. Design based upon a density of.1 gpm over the most remote 900 square feet with a 100 gpm hose stream throughout the office and living areas. The truck bay shall be designed at a density of.15 gpm over the most remote 1,500 square feet per ordinary hazard group 1 occupancy requirements. • Furnish and install four inch C-900 piping from the existing 6 inch supply piping at each location up to the building with the piping entering the building being ductile iron complete with all pipe,fittings,backfill, seeding,patching, and labor. • Do all detail design and securing of approvals based upon this proposal. NOTES: • Others to do any desired painting of the sprinkler piping. • Others to pay for any rock excavation that may be encountered during excavation for n�w underground piping. • PFP, Inc.to seed lawn.No sod has been included • This proposal is contingent upon contractor and owner agreeing to mutually accepta.ble contract terms. All terms included in this bid shall survive the contract. • Premiere Fire Protection,Inc. to receive prompt payrnent for work performed and material delivered. Retainage shall not exceed actual amount withheld by the owner relative to our work. • All work to be performed during standazd working hours. • Premier Fire Protection, Inc.has a bonding rate of 2%. Should a bond be required an additional 2%sha.11 be added to the contract amount. Fire Sprinklers • Fire Alaams • Fire Extinguishers • Special Hazards Systems • Monitoring • A � Fire Protection Pricing for Fire Station # One: • Underground lead in, excavation, backfill and patching: $4,250.00 � Truck bay piping, main riser,backflow preventer, stand pipes,hose valves, control valves and feed main for first and second floor: $18,500.00 • First Floor Piping: $11,000.00 • Second Floor Piping: $11,000.00 � Tota1 for Fire protection Installation at station one: $44,750.00 k'�xe alarm reulacement �or�ire Station # One: • 1 Silent Knight Control panel,4 Flow Switch connections, 5 Tamper switch connections, 1 Horn Strobe, and 2 fire bells. • The proposed panel is compatible with the existing heat and smoke detectors. Price: $3,800.00 Ceilin� Tile Replacement for Fire Station # One: Replace ceiling tile at first and second floors after installation of new sprinkler system. Ceiling tile is to be similar to existing tile. BASE BID: $20,250.00 Notes• • Dumpster included in price • All work to be done during normal work hours • Ceiling tile will be Armstrong#838 "Designer"reveal edge where existing tile is reveal edge. Add to remove and reinstall HVAC grilles when installing ceiling tile. No work is included for removal or installation of any electrical devices or fire alarm devices. ADD: $2,300.00 Voluntarv Alternate#1 • Replace all reveal edge tile with Armstrong#704 "Cortega"reveal edge. • Existing square edge tile to be replaced with Capaul Vinylrock. DEDUCT: $ 3,200.00 Voluntarv Alternate#2 • Replace all reveal edge tile with Armstrong#770 "Cortega" square edge tile. • Existing square edge tile to be replaced with Capaul Vinylrock. DEDUCT: $4,800.00 . ,, - � Total to perform all praposed work at Fire Station # Une: $71,100.00 Fire Protection Pricing for Fire Station # 1�wo: • Underground cut in,piping, fittings, excavation,backfill, seeding, and patching: $5400.00 • Truck bay Galvanized piping,Riser, Backflow preventer, control valves and feed mains for the office area: $17,100.00 • Office and living area piping: $7,200.00 • Tota1 for Fire Protection installation at Station#Two: $29,700.00 Fire alarm installation for Fire Station # Two: • 1 Silent Knight Control panel, 3 Flow Switch connections,4 Tamper switch connections, 1 Horn Strobe, and 2 fire bells. Price: $4,000.00 Total to perform all proposed work at Fire Station # Two: $33,700.00 Total if all work is accepted at b� oth Stations: $102,900.00 Sincerely, Dann W on � y ag er PREMIER Fire Protection Inc. Cell: (573)450-1035 dwagoner@premierfire.net w i�7 � o0S�9�42 1W�a.�........................�. - o - __ �� sECR�r�RY S TA T E O � °� ._. �:�� =�r-°N 1 � � 0 !.� R � -� -� JAN1ES C, KIRKpATRICK, Secr�t�� of Stafg a •. ,, > N '. r�.�:h�q�F.�� , f, CORPORATION DiViSION ;,.:�:.�� . `-_ `y�ssou n� �ert�icate af Authorgt � �I'�RL'AS, FjEgTgRj�J j(ENTUCKY SPRINKLER COMPp�*ye INC. (using in Missouri thename FTESTERN KENTUCKY SPRZIVFCI�ER COMP.�Ny, yNC� incor orated ander the Laws of the State of ) P Kentucky for a term °f P@�et�l years and now in existence and in good standing in said State has filed in the office of the Secretary of State, duly authenticated evidence of its incorporation, as provided by law, and has, in all respects, complied with the requirements of General and Busi- ness Corporatioa Law governing Foreign Corporations; � NOW, THEREFORE, I, JAD4ES C. KIRKPATRICK, Secretary of State.of the State of Mis- souri, by virtue oE the authority vested in me, do hereby certify that said corporation is from the date hereof duly authorized to carry on the business of • SEE APPLICATION and is entitled to all rights and privileges �n the State of Missouri, and Business Corporation Law; that the entiredam unt of its�spat dl�ap a 1 and surplus ris .$1.�000._00------------- and __$1�_000.00 ----------•-------------. of the amount of stated capital of said corporation is represented by 500 no par value that the proportion of stated capital and surplus represented in Missouri is $ 96.00 and that its registered office in Missouri is located at 314 N. Broadway St. Louis IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the GREAT SEAL of the State of Missouri, at the City of Jefferson, this__._I6th day of.___.�eb�azy ------------------------------------------, 1s__�� - .-- -�-- -----------------------� . ---�� --�-s�..._. ---------5- etary of State RECEIVED OF: ._.._.____f''�STERN KENTUCKY PSRINKLER COMPAPTy, INC. --•--------•----•-------------••-----._.-------------•-----------•--------------�-------------�------•------•--•--•---•-----------•-----------•--�---- SYXTY'TT3REE AiVD NO/100 •----------•-----•--•--•- ------------------------ ---••-•-•--•-----•----------�•------�------------ 6 3 0 0 --•------•-----------••--•-- ..DoIlars, $ --•--•---•--•---•-------------•------�--�------- ' — For Credit of General Revenue Fund, on Aceount of Incorporation Tax and�Fee. No............................. Deputy Coifector of Revenue COFv.;i�a � MINUTES OF ANNUAL MEETING OF BOARD OF DIRECTORS OF PREMIER FIRE PROTECTION, INC. The annual meeting of the Board of Directors of the above Corporation for the year 2004, was held at the principal offices of the Corporation on May 21, 2004, at 11:00 a.m., , pursuant to call and waiver of notice. Present were Larry Hickey and Jason Hickey being all directors. Upon motion duly made, seconded, and unanimously carried, Larry Hickey was chosen chairman of the meeting and took the minutes thereof. The minutes of the previous shareholders meeting were reviewed and approved without correction by unanimous vote. All resolutions of the shareholders were unanimously ratified by the directors. By unanimous vote the following persons were elected to the office set opposite their respective names, to hold office for the term provided in the bylaws, namely: President - Larry Hickey lst Vice President- Jason Hickey 2"a Vice President - Larry Garland 3�d Vice President - Jeff Umfleet Secretary/Treasurer - Joedda Jordan The chairman then carefully reviewed the financial and business transactions of the Corporation during the past months since the last annual meeting. The actions of the officers and directors of the Corporation for the preceding year were unanimously ratified and approved. A general discussion then ensued on the affairs of the Corporation, after which the meeting was adjourned. Larr y � Jaso e Being all Directors . �_,�.��._ �'�;SE�R�T3�:1�.� �tate of li�Iissouri '''��` o.r� Y�� <_� ��-��;:� Off�e of the Secretary of S�ate ,: "=� ��` - '� S�cretar of State Robin Carnahan ,.:, y '?: ��,P�,�'_�.,,Y-- y i � `°� �- �'��-� a� Statement ?, ., � _`_�I��SOLi�.b. �nvoice �lutnber: 5479881 Invoice Date: 04/07/2005 03:46 P%�i �illing Information Premier Fire Protection, Inc. PO Box 1037 Paducah, KY 42002 Certification Order Item Amount Product Description Number Date QtY Pa�eS Cost Extended Due JEFF-Corp Copies-Plain Copies Re: 7�69298 04/07/2005 1 1 0.00 0.00 Paid PREMIER FIRE PROTECTION, INC. Contact: Premier Fire Protection,Inc. Shipped Via: Mail ------••-----------------------------------------------•-•--•---------------------------------•--------•----------------------------------------------•-------------------------------------------------•--•--------------------------------•------------------- Credit Balance as of 04/OS/2005: $0.00 Invoice Total: $0.00 Payment Details: No Charge: (7569298:$0.00,) Payrnent Total: $0.00 Contact(s): premier Fire Protection,Inc. Amount Due: $0.00 Include invoice number on all correspondence and send to: UCC Inquiries: Missouri Secretary of State's Office To discuss payment for UCC items call: P.O. BOx 1159 (866) 223-6535 Toll Free Jefferson City, Missouri 65102 Corporation Missouri Secretary of State's Office To discuss payment for Corporation Items call: Inquiries: p,0. Box 1366 (866) 223-6535 Toll Free Jefferson City, Missouri 65102 Commission Missouri Secretary of State's Office To discuss payment for Commission Items call: Inquiries: p,0. Box 784 (866) 223-6535 Toll Free Jefferson City, Missouri 65102 4i8/2005 3:17:38 PM Invoice Number: 5479881 Pnge 1 of 1 SECREp � ,�F. ,�Rr � � � ---- �.� o ;.- -- = W ,` - �y St�te �� 1�i.r.�o�ri . . . � ace o LS'ecre�-� o �St�te �- m ff .� � � '^ i;..�ci�� , � ��"\��'-'=�;;'�"�" JAMES C. KIRKPATRICI�, Secretary of State ��ti „ '�f SSOU A� APPLICATION �'OR FOREIGN CORP4RATIOIot FOR A CER'I'IFICATE OF AUTHORITY TO TRANSACT BUSINESS IN tl'IISSOURI (To be submitted in duplica�te by an attorney) HONORABLE JAMES C. KIRKPATRICK SECRETARY OF STATE ' STATE OF MISSOURI JEFFERSON CITY, MO. 65101 �Jestern Kentucky Sprinkler Compan.y,___Inc. _ 1 � __ ____________________________ � a Ken�uck� Cor�oration �orporation, in compliance with the proviaions of The General and Business Corporation Law of Missouri relatirig to the admission of forsign corporations, does hereby state: (i) The name of the corporation is _Western._Kentucky__Sprinkler._Com�qany_a___Inc_________________ -----------------------------•------------------------------------�------------------------------------•---�-------•------------ and it is organized and esisting under the laws .__CommDn.�nl�al�h_._fl�___Ken�L�.ck�______________________________________________ (2) The name it will use in Missouri iswestern__K_entucky___Sprinkler___Company_,.___Inc.___.__._ " ----------------------------•-----------------�----------------------------------•------------•---------------------------------------- (3) The date of its incorporation was .��bru�r�z__.�__3____________________________________ 19'��__, and the period of its duration is ----------------Perpetual-----------------------------------•------------- (4) The address of its principal office in the state or country of organization is _.��8..N,_._.'l_�th__Stre_et.. ----------.......................�.adu�.ah.,_.:.I�en��zck�-----42DQ'1------------------------------- ---------------------------------------------------------------------- (Includa etreat and number,if any.) (5) The address of its proposed registered office in the State of Missouri is _CT...Cor�oration___S�stem -----------------------------------�'14---�-•--_.]3x:Q�s�v�J�.----�t_.._..��uis-�----Nis�o�s-1--------��.Q�.------------------..._..----------------- (Iaclude etreat sad aumbar,if any) and the name of its proposed registered agent in the State of Missouri at such address is....:.::..:....::..:........:.�..: (6) The corporation is transacting buainess and qualified under the foreign corporation laws of the following �tates and countries other than Missouri: Kentucky and Illinois (7) The sgecific purpose or purposes for which it wa� orgar.iz�d and which it proposes to pursue in the trans- action of�us�ress in Missouri are: To operate ar_d maintair a busill�ss �� uying, seiiing, installing, repairing, and otheru�ise dealing with and in sprinkler und other f ire control systems and those systems related thereto. (�) The names of its officers and directora and their addresses are as follows: Name City and State Street and No. Pr�sident. . . . . . . . Larry_._Hicke_�r...................PacLu�ah_,_._KentuckiT-----------8�7._.Sa-�.c�er-s---�ue��e----•- Zlice President. . . . Sher.man___J�ava.s________________P�cluc�h,_._Kentuck�_..._______Route__.�8___Box._5661___._ ary. . . . . . . . �her_man._.Ilaui�................P��l�a.c�h I�er�.�Gtack�--...._...Route...�$..Box..566A-------- �ret �_._ _ _ Treasurer. . . . . . . . Sherman_ Davis_ _ t aducah, Ken�cucky Route �8 Box 566A - -- -- -- --- -- ---------------- - ------------- -�--------------- -------------- Director. . . . . . . . . �,a��y--�-�:ck��-------------------.�ad=u�ahr---Keritu�k�..--------�2'�--�Sanders__Au�nue.----- Director. . . . . . . . . �l�_�rm�n___Davis________________Paducah�___Kentucky_____._.__Route_._�8__Box_ 566A .____ Director- - - - - - - - - -----------------------------------------------------------------�---------- ------------------------------------------------------------------------------------�----- Director- - - - - - - - - ---------------------------- --------------------------------�--------------------------------------------------------------------------------------------------------- Director- - - - - - - - - ----------------------------------------------------------------------------------------------------------------------------------------------------------------�----- (9) The aggregate number of shares which it has authority to issue, itemized by classes, par value of share, ahares without par value, and series, if any, within a class, is: Par ualue per share or statement that Series Number oj shares are without Class (if any) Shares par value 500 No-Par (10) 'I`�3e aggregate number of ita issued shares,;itemized by classes, gar value value, a�d series, if any within a cla�s, is: Series Number of Class (if any) Shares 500 (11) The amount of stated capital and the amount of paid in surplus of the c Gen�ral and Business Corporation Law of Missouri is: StatedCapital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $- Paidin Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $- Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $- (12) An estimate of the total value of all the property of the corporation for the following yearis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $- (13) An estimate of the total value of all the property of the corporation for the following year that wili be located in Missonri is. . . . . . . . . . . . . . . . . . . . . . . . . . $_ (14) The estimated gross amount of business of the corporation to be trans- acted by it everywhere for the foliowing year is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $__ (15) The estimated gross amount of business of the corporation to be trans- acted by it at or from places of business in the State of Missouri during such year is. . $__ (16) The amount of stated capital and surplus of the corporation (including all surplus, such as paid-in and earned surplus) is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . �__ (17) The proportion of stated capital and surplus represented by the corpora- tion's property and business in Missouri for the foliowing year is. . . . . . . . . . . . . . . . �__ (10) 'I'he aggr�gate number of its issued shares,;itemized by cla.�s, par value of shares, shares without par value, and �eri.es, if any within a class, is: Par value per share or statement th¢t Series Number of shares ¢re without Class (if any) Shares par value 500 No—Par (11} 'I'he amount of stated capital and the amount of paid in surplus of the corporation as defined by The General and Business Corporation Law of Missouri is: Stated Capital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $..�_�_40Q�.Q9_ - -�--------...--�- -- �--- Paidin Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $--0-----�----- - ---------------------------------- Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $--�-�r-QQQa_4Q---------------....-----�--- (12) An estimate of the total value of all the property of the corporation for the following year is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $--20�-000.00 . -- - ----------------------- (13) An estimate of the total value of all the property of the corporation for 0 the following year that will be located in Missouri is. . . . . . . . . . . . . . . . . . . . . . . . . . $._____.__..____._..__._____..._. ------------------ (14) The estimated grosa amount of business of the corporation to be trans- acted b t ever here for the followin ' S00 000.00 Y i YR' g year is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �------------'-- ----------------�-------�------�------ (15) The estimated gross amount of business of the corporation to be trans- 50 000.00 acted by it at or from places of business in the State of Missouri during such year is. . $_____..__'________________________________________ (16) The amount of stated capital and surplus of the corporation (including all surplus, such as paid-in and earned surplus) is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . �__�_�_000.00 --------- ---------- - --------- (17) The proportion of stated capital and surplus represented by the corpora- tion's property and business in Missouri for the following year is. . . . . . . . . . . . . . . . �_.96.00 __ __ _ _ _ IN WITNESS WI�EREOF, the undersigned corporation has caused this application to be egecuted ixz its name by its ------------------•-----------._ President, attested by its ---------------------------- Secretary, this-------------j-�------ ,--, , -------- d�Y of -------•------------ ` ---�-��-'---�--•------------------------------- 19�� 11�, � � �� _�/�,��c�.�-- r _�_.___�_�-__��. � � , � ------ ----- - ---- � �.�'��- - � t�� cE:soc c6 or ce ame�- -- (CORPORATE ��cg� � � �yR ti�estern Kentucky Sprinkler Company, I SEAL) C-�� G �g� � e , _��_-�� '+�.��;�A . ATTEST: � �. ��/- ,�; ,.•-" SPcCR�ARYo��A� y \ � --•---- --�.,•------- � i - - ----f----- ------ - - ----- •----------¢- �� e�dent or�jice xavident �nrt�M��' � � ��-� _�.�--�. �e--, ------------------- --- Secretary or Aseivtant Sectetary (NOTE: In determining the proportion of stated capital and surplas represented by property and business in Missouri, the sum of the value of the property in Missouri for the following year added to the estimated gross amount of business in Missouri for the following year is divided by the sum of the total value of all the property everywhere for the following yeaz added to the gross amount of business transacted everywhere for the following year. The resulting fraction is applied to the etated capital and aurplus as shown in 7tem No. 16. Taxes and fees are based on]ine(17) or(13) whichever is greater;minimum domestication fee applies for aEl amounts �iot in eacess of$30,000.) STATE OF_._1`.E✓1,�v c%L /�-� �--------------------- ss COUNTY OF_�'/"��'�:��°� ------------------------ I� ---------•.�� ;�-ic,/�c /S . - -•---------------------------�-----------------------------------------------------------------------•----------------------------� a Notary Pubhc, do hereby certify that on this ___..�__...�"_�___"___....,__ day of__f.��___ -� . ............•----, 19. .�1__.,personally appeared -------------------- before me ____._,v��Qa�i!Zy..__.�c� , � -- - ------•---------------------------------•------�----•--, who, being by me firat duly sworn (Presi nt or Vice PresSdent) declared that he is the __.i��/�C�� c � -- - --------------------•---------•----•------. of --- .�i�r.�--------- --`"',�`rjK`'��---'-`-'---- .,.��ti"� • . �'� �- ---- that he signed the foregoing document as ___�Y_��'1.��Z�__.._ ___.__ of the corporatio and that the etatements therein contained are true. . --------------- -•�.-- --- - . ... .---------•-- --- - - -------------------------- xo+�.rubs� My Commission egpires: ____.,l.� __z-__ 7 �---7------••------•-- -----•--------------------------- , ""�� KELLY PRE55, INC.,COWMBIA,MO. STATE OF KENTUCKY ; OFFICE QF THE SECRETARX OF STATE CERTIFICATE OF GOOD STANDING I, DREXELL R. DAVIS, Secretary of State of the Co�nonwealth of Kentucky, do hereby certify, that according to the records in the Office of the Secretary of State of the Commonwealth of Kentucky, i WESTERN KENTUCKY SPRINKLER COMPANY ---•--.�_ � is a corporation organized and existing under the laws of the Commonwealth of Kentucky, having been granted a charter on FEBRUARY 13, 1975 _, with PERPETUAL existence. I further certify, that said corporation has filed -� all reports and paid all fees due and owing to the Office of the Secretary of State of the Commonwealth of Kentucky to date; and is, therefore, in good standing at the present time. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at Frankfort, Kentucky, this 17th day of JANUARY lg 77 - - - - - �;_ - - ��, - -- - - - . _-- -- --. - - --- - -- . -:��_ �--�,� � � � i ` � _ _ ` " � Drexell R? Davis ' ��. � `, ;��•..` Secretary of State ' . : .. Couunonwealth of Kentuckv . bY ' Clinton H. Newman II Assistant Secretary of State Robin Carnahan Secretary of State 2006 ANNUAL REGISTRATION REPORT BUSINESS * SECTION 1,3 &4 ARE REQU�RED REPORT DUE BY: 06/30/2006 ANNUAL REPORT MONTH: March F00189442 PRINCIPAL PLACE OF BUSINESS OR * CORPORATE HEADQUARTERS: PREMIER FIRE PROTECTION,INC. C T CORPORATION SYSTEM 1 � ZSI /�1, 6t1, st. (Required) 120 SOUTH CENTRAL AVENUE STREET CLAYTON, M063105 Pa�vGa.� J�Y �100� CITY/STATE ZIP If changing the registered agent and/or registered office address,please checic the appropriate box(es)and fill in the necessary information. ❑ The ne�v registered agent IF CHAIVGING THE REGISTERED AGENT,AN ORIGINAL WRITTEN CONSENT FROM THE NEW 2 REGISTERED AGENT MUST BE ATTACHED AND FILED WITH THIS REGISTRATION REPORT. ❑ The new registered office address Nlust be a Missouri address,PO Box alone is not acceptable.This section is not applicable for Banks,Trusts and Foreign Insurance. OFFICERS BOARD OF DIRECTORS * NAME AND PHYSICAL ADDRESS(P.O.BOX ALONE NOT NAME AND PHYSICAL ADDRESS(P.O.BOX ALONE NOT ACCEPTABLE). (MUST LIST PRESIDENT AND SECRETARY BELOW) A ACCEPTABLE). (MUST LIST AT LEAST ONE D(RECTOR BELOW) B PRES ...I a,r.r:�l...H�s�e.y....................(Required) NAME .....I-.rkrl.:�....H.14-k�:�................(Required) STREET/RT .....I....�..r..I....N..�...G..:�'►..r.S.f:................................... STREET/RT ......,I.Z,�.I....N.t...�.:►.�a..Stx............................... CITY/STATE/ZIP P,,�v��, {�Y y z.00 1 CITY/STATE/ZIP P�„ca l, KY �-11.001 V-PRES ....�d.f.on..�iGl:�yt................... NAME ......T..�.Sn.h...Hlf�e.y.................. STREET/RT ......y.�.�..�F'�i.Gt'��K..................................... STREET/RT .......y:3,tr...��t�.+.'�.e.k..................................... 3 CITY/STATE/ZIP Pdd�c��. KY y Zvo� CITY/STATE/ZIP Pa.d ,.�1, KY yzooi SEC�Y .....�ae.dda_..��a.�n...............(Required) NAME ..................................................... STREET/RT .......I.6o...1l.R.�v.ain9..G.4.✓..�........................:... STREET/RT ............................................................................ CITY/STATE/Z1P Pa.dveaL, KY �I2oo► CITY/STATE/ZIP TREAS .......��l.n,�....�d.S.....F.4.�!'�t.ar.�e.. NAME ..................................................... STREET/RT ............................................................................ STREET/RT ............................................................................ CITY/STAZ'E/ZIP CITY/STATElZIP NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS ARE ATTACHED The undersigned understands that false statements made in this report are pur�ishable for the crime of making a false �c declaration under Section 575.060 RSMo.Ph�copy or stam c�signature not acceptable. �--- . _..__._._....:,_.. ; < q Authorized party or officer sign here �� ' , _ (R2qUlfed) Please arint name and title of siener: ��Q(��a �QL'�� s@_.r.Trea�. I NAME TITLE REGISTRATION REPORT FEE IS: WHEN THIS FORM IS ACCEPTED BY THE SECRETARY OF STATE, BY LAW IT WILL BECOME A PUBLIC DOCUMENT AND ALL $45.00 If filed on or before 6/30 INFORMATION PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE $60.00 If filed on or before 7/31 $75.00 If filed on or before 8/31 � $90.00 If filed on or before 9/30 E-MAIL ADDRESS(OPTIONAL) REQUIRED INFORMATION MUST BE COMPLETE OR THE REGISTRATION REPORT WILL BE REJECTED MAKE CHECK PAYABLE TO DIRECTOR OF REVENUE , RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO THE SECRETARY OF STATE-P.O. BOX 136b,JEFFERSON CITY,MO 65102 � THE AMERICAN INSTITUTE OF ARCHITECTS ` '� I . Bond No.3386212 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SUREN(Name and Principal Place of Business): Premier Fire Protection, Inc. Ohio Casualty Insurance Company P.O. Box 1037 Ohio Paducah, KY 42002-1037 OWNER(Name and Address): City of Cape Girardeau 401 Independence Street Cape Girardeau MO CONSTRUCTION CONTRACT Date: 4-3-07 Amount: $104,958.00 Description (Name and Location): Installation of automatic sprinklers throughout Fire Station#1 (South Sprigg Street)and Fire Station#2 (378 Mt.Auburn Road) BOND Date (N�t ea��lier than Construction Contract Date)4-3-07: Arr�oant: �104,958.00 Maclific.Gtions to this Bond: None ❑ See Page 3 CONTPAC��R AS?RINCIPAL SURETY C�mpan�: (Corporate Seal) Company: (Corporate Seal) Premier Fi�e Pratc�tiori, Inc. Ohio Casualty Insurance Company Signature: � � ,. ,�.._—�� Signature: o�,.: — Name and Title. Name and Titl . i ty G. �eS—Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Peel & Holland Financial Group other party): P.O. Box 427 Benton, KY 42025 (270)527-8621 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA� THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 1 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety,jointly and severally, bind of the Construction Contract, which is incorporated herein themselves, their heirs, executors, administrators, by reference. successors and assigns to the Owner for the performance , 2 It the Gontractor pertorms the Construction Contract,the .Z ueny uabniry in wnoie or in paR ana noiiry ine Surety and the Contractor shall have no obligation under Owner citing reasons therefor. - this Bond, except to participate in conferences as provided 5 If the Surety does not proceed as provided in Paragraph in Subparagraph 3.1. 4 with reasonable promptness,the Surety shal� be deemed 3 If there is no Owner Default, the Surety's obligation to be in default on this Bond fifteen days after receipt of an under this Bond shall arise after: additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any Surety at its address described in Paragraph 10 below remedy available to the Owner. If the surety proceeds as that the Owner is considering declaring a Contractor provided in Subparagraph 4.4, and the Owner refuses the Default and has requested and attempted to arrange a payment tendered or the Surety has denied liability, in conference with the Contractor and the Surety to be whole or in part, without further notice the Owner shall be held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner. notice to discuss methods of performing the 6 After the Owner has terminated the Contractor's right to Construction Contract. If the Owner, the Contractor complete the Construction Contract, and if the Surety and the Surety agree, the Contractor shall be allowed a elects to act under Subparagraph 4.1, 4.2, or 4.3 above, reasonable time to perForm the Construction Contract, then the responsibilities of the Surety to the Owner shall but such an agreement shall not waive the Owner's not be greater than those of the Contractor under the right, if any, subsequently to declare a Contractor Construction Contract, and the responsibilities of the Default;and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract. To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of declared earlier than twenty days after the Contractor costs and damages on the Construction Contract, the and the Surety have received notice as provided in Surety is obligated without duplication for: Subparagraph 3.1;and 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction 3.3 The Owner has agreed to pay the Balance of the Contract; Contract Price to the Surety in accordance with the 6.2 Additional legal, design professional and delay terms of the Construction Contract or to a contractor costs resulting from the Contractor's Default, and selected to perform the Construction Contract in resulting from the actions or failure to act of the Surety accordance with the terms of the contract with the under Paragraph 4;and Owner. 6.3 Liquidated damages, or if not liquidated damages 4 When the Owner has satisfied the conditions of are specified in the Construction Contract, actual Paragraph 3, the Surety shall promptly and at the Surety's damages caused by delayed performance or non- expense take one of the following actions: performance of the Contractor. 4.1 Arrange for the Contractor, with consent of the 7 The Surety shall not be liable to the Owner or others for Owner, to perform and complete the Construction obligations of the Contractor that are unrelated to the Contract;or Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any 4.2 Undertake to perform and complete the such unrelated obligations. No right of action shall accrue Construction Contract itself, through its agents or on this Bond to any person or entity other than the Owner through independent contractors;or or its heirs,executors,administrators or successors. 4.3 Obtain bids or negotiated proposals from qualified 8 The Surety hereby waives notice of any change, contractors acceptable to the Owner for a contract for including changes of time, to the Construction Contract or performance and completion of the Construction to related subcontracts, purchase orders and other Contract, arrange for a contract to be prepared for obligations. execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with 9 Any proceeding, legal or equitable, under this Bond may performance and payment bonds executed by a be instituted in any court of competent jurisdiction in the qualified surety equivalent to the bonds issued on the location in which the work or part of the work is located and Construction Contract, and pay to the Owner the shall be instituted within two years after Contractor Default amount of damages as described in Paragraph 6 in or within two years after the Contractor ceased working or excess of the Balance of the Contract Price incurred within two years after the Surety refuses or fails to perForm by the Owner resulting from the Contractor's default; its obligations under this Bond, whichever occurs first. If or the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties 4.4 Waive its right to perform and complete, arrange as a defense in the jurisdiction of the suit shall be for completion, or obtain a new contractor and with applicable. reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner;or AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA� THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 2 THIRD PRINTING•MARCH 1987 10 Notice to the Surety, the Owner or the Contractor shall by the Owner in settlement of insurance or other - be mailed or delivered to the address shown on the claims for damages to which the Contractor is entitled, signature page. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction 11 When this Bond has been furnished to comply with a Contract. statutory or other legal requirement in the location where the construction was to be performed, any provision in this 12.2 Construction Contract: The agreement betwen Bond conflicting with said statutory or legal requirement the Owner and the Contractor identified on the shall be deemed deleted herefrom and provisions signature page, including all Contract Documents and conforming to such statutory or other legal requirement changes thereto. shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not 12.3 Contractor Default: Failure of the Contractor, as a common law bond. which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the 12 DEFINITIONS Construction Contract. 12.1 Balance of the Contract Price: The total amount 12.4 Owner Default: Failure of the Owner,which has payable by the Owner to the Contractor under the neither been remedied nor waived, to pay the Construction Contract after all proper adjustments Contractor as required by the Construction Contract or have been made, including allowance to the to perForm and complete or comply with the other Contractor of any amounts received or to be received terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED..AIA� THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 ' CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No.38-833 Know All Men by These Presents: That Tf� OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation,and WEST AMERICAN INSURANCE COMPANY,an Indiana Corporation,pursuant to the authority granted by Article III,Section 9 of the Code of Regulations and By-Iaws of The Ohio Casualty Insurance Company and West American Insurance Company,do hereby nominate,constitute and appoint: Thomas Wheeler,R.C.Riley,Roy Riley I I I, Keith Riley,Cynthia G.Ross,Misty G.Wiles or Wes Bradford of Bentan,Kentucky its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all BONDS,iJNDERTAKINGS, and RECOGNiZANCES,not exceeding in any single instance FIVE MILLION(55,000,000.00)DOLLARS,excluding,however,any bond(s)or undertaking(s)guazanteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fai�eld,Ohio,in their own proper persons. The authoriry granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact. In WITNESS WHEREOF,the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 4th day of August,2005 triws� �aau� 44 e+�: ,� .;'"'••., n �,. ;;. SEAL ,i{ :i SEAL �� '• '� ;' '� �LLvr� ��-P.''i't-� Sam Lawrence,Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 4th day of August,2005 before the subscriber,a Notary Public of the State of Ohio,in and for the County of Butler,duly commissioned and qualified,came Sam Lawrence,Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly swom deposes and says that he is the officer of the Companies aforesaid,and that the seals affixed to the preceding instrument aze the Corporate Seals of said Companies,and the said Corporate Seals and his signature as officer were duly�xed and subscribed to the said instrument by the authority and direction of the said Corporations. IN'fESTIMONl'WHEREOF,I have hereunto set my hand and affixed my Official Seal at the City of Hamilton,State of Ohio,the day and year first above written. �A�:��i ,j'�/1 Ja'-�' �»�I!� T�t� ^" v'C.G �i�4�•�c� � Notary Public in and for County of Butler,State of Ohio My Commission expires August 6,2007. This power of attomey is granted under and by authority of Article III,Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company,extracts from which read: Article III,Section 9. A000intment of Attomeys-in-Fact. The Chairman of the Boazd,the President,any Vice-President,the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surety to,and to execute,attach the seal of the corporation to,acknowledge and deliver any and all bonds,recogni2ances,stipulations,under[akings or other instruments of suretyship and policies of insurance to be given in favor of any individual,firm,corporation,parfnership,limited liability company or other entity, or the official representative ffiereof,or to any county or state,or any official boazd or boards of any county or state,or the United States of America or any agency thereo�or to any other political subdivision thereof 1'his instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21,2004: RESOLVED,That the signature of any officer of the Company authorized under Article III,Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attomey or copy thereof issued on behalf of the Company to make,execute,seal and deliver for and on its behalf as surety any and all bonds,undertakings or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment. Such signatures and seal aze hereby adopted by the Company as original signatu�es and seal and shall,with respect to any bond,undertaking or other written obligations in the nature thereof to which it is attached,be valid and binding upon the Company with the same force and effect as though manually affixed. CERTiFICATE I,the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company,do hereby certify that the foregoing power of attomey,the referenced By-Laws of the Companies and the above resolution of their Boazds of Directors are true and correct copies and aze in full force and effect on this date. IN WITNESS WHEREOF,I have hereunto set my hand and the seals of the Companies this �day of IMfY 4x�fY�MS4�� `�y1?�....�n '' J/ . � " �/�//!��ll��r i1�1��I� �: SEAL ?� :? SEAL �;; W~ - •~ ; ,~ Y Assistant Secretary � THE AMERICAN INSTITUTE OF ARCHITECTS � ' � Bond No.3386212 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Premier Fire Protection, Inc. Ohio Casualty Insurance Company P.O. Box 1037 Ohio Paducah, KY 42002-1037 OWNER(Name and Address): City of Cape Girardeau 401 Independence Street Cape Girardeau MO CONSTRUCTION CONTRACT Date: 4-3-07 Amount: $104,958.00 Description (Name and Location): Installation of automatic sprinklers throughout Fire Station#1 (South Sprigg Street)and Fire Station#2 (378 Mt. Auburn Road) BOND Date (Not earlier than Construction Contract Date): 4-3-07 Amount: $104,958.00 Modifications to this Bond: None ❑ See Page 6 CQNTRACTOR AS PRINCIPAL SURETY C;om�:any: (Corporate Seal) Company: (Corporate Seal) Premi�r Fire Protect;on, Inc. Ohio Casualty Insurance Company _^� � f Sigr,ature: __�� r Signature: f�ame and Titi�: Name and Titl : sty G. les—Attorney-�n-Fact (Any additianal signatures appear on page 6) (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Peel and Holland Financial Group or other party): P.O. Box 427 Benton, KY 42025 (270)527-8621 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA� THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety,jointly and severally, bind successors and assigns to the Owner to pay for labor, themselves, their heirs, executors, administrators, materials and equipment furnished for use in the , perrormance or tne �onscruction �oncract, wnicn is 6 wnen tne C;ia�mant nas satistiea tne conaitions or incorporated herein by reference. Paragraph 4, the Surety shall promptiy and at the Surety's � 2 With respect to the Owner, this obligation shall be null expense take the following actions: and void if the Contractor: 6.1 Send an answer to the Claimant,with a copy to the 2.1 Promptly makes payment, directly or indirectly, for Owner, within 45 days after receipt of the claim, stating all sums due Claimants,and the amounts that are undisputed and the basis for challenging any amounts that are disputed. 2.2 Defends, indemnifies and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from claims, demands, liens or suits by any amounts. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished 7 The Surety's total obligation shall not exceed the amount for use in the pertormance of the Construction Contract, of this Bond, and the amount of this Bond shall be credited provided the Owner has promptly notified the for any payments made in good faith by the Surety. Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits $ Amounts owed by the Owner to the Contractor under the and tendered defense of such claims, demands, liens Construction Contract shall be used for the performance of or suits to the Contractor and the Surety, and provided the Construction Contract and to satisfy claims, if any, under there is no Owner Default. any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree 3 With respect to Claimants, this obligation shall be null that all funds earned by the Contractor in the performance of and void if the Contractor promptly makes payment, the Construction Contract are dedicated to satisfy directly or indirectly,for all sums due. obligations of the Contractor and the Surety under this 4. The Surety shall have no obligation to Claimants under Bond, subject to the Owner's priority to use the funds for the this Bond until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety(at the address described in Paragraph 12)and the Construction Contract. The Owner shall not be liable for sent a co payment of any costs or expenses of any Claimant under py, or notice thereof, to the Owner, stating this Bond, and shall have under this Bond no obligations to that a claim is being made under this Bond and, with make payments to, give notices on behalf of, or otherwise substantial accuracy,the amount of the claim. have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with 10 The Surety hereby waives notice of any change, the Contractor: including changes of time,to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts,purchase orders and other obligations. and sent a copy, or notice thereof, to the 11 No suit or action shall be commenced by a Claimant Owner, within 90 days after having last under this Bond other than in a court of competent performed labor or last fumished materials or jurisdiction in the location in which the work or part of the equipment included in the claim stating, with Work is located or after the expiration of one year from the substantial accuracy, the amount of the claim date (1) on which the Claimant gave the notice required by and the name of the party to whom the Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last materials were furnished or supplied or for labor or service was perFormed by anyone or the last whom the labor was done or performed;and materials or equipment were furnished by anyone under the .2 Have either received a rejection in whole or in Construction Contract,whichever of(1)or(2)first occurs. If part from the Contractor,or not received within the provisions of this Paragraph are void or prohibited by 30 days of furnishing the above notice any law,the minimum period of limitation available to sureties as communication from the Contractor by which a defense in the jurisdiction of the suit shall be applicable. the Contractor has indicated the claim will be 72 Notice to the Surety, the Owner or the Contractor shall paid directly or indirectly;and be mailed or delivered to the address shown on the .3 Not having been paid within the above 30 signature page. Actual receipt of notice by Surety, the days, have sent a written notice to the Surety Owner or the Contractor, however accomplished, shall be (at the address described in Paragraph 12) sufficient compliance as of the date received at the address and sent a copy, or notice thereof, to the shown on the signature page. Owner, stating that a claim is being made 13 When this Bond has been furnished to comply with a under this Bond and enclosing a copy of the statutory or other legal requirement in the location where the previous written notice furnished to the construction was to be performed,any provision in this Bond Contractor. conflicting with said statutory or legal requirements shall be 5 If a notice required by Paragraph 4 is given by the deemed deleted herefrom and provisions conforming to Owner to the Contractor or to the Surety, that is sufficient such statutory or other legal requirement shall be deemed compliance. incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA� THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING•MARCH 1987 Bond shall be construed as a statutory bond and not as a in the Construction Contract, architectural and _ common law bond. engineering services required for performance of the work of the Contractor and the Contractor's 14 Upon request by any person or entity appearing to be a subcontractors, and all other items for which a potential beneficiary of this Bond, the Contractor shall mechanic's lien may be asse�ted in the jurisdiction promptly furnish a copy of this Bond or shall permit a copy where the labor, materials or equipment were to be made. furnished. 15 DEFINITIONS 15.2 Construction Contract: The agreement befinreen the Owner and the Contractor identified on the 15.1 Claimant: An individual or entity having a direct signature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent 15.3 Owner Default: Failure of the Owner, which has of this Bond shall be to include without limitation in the neither been remedied nor waived, to pay the terms "labor, materials or equipment" that part of Contractor as required by the Construction Contract or water, gas, power, light, heat, oil, gasoline, telephone to perform and complete or comply with the other service or rental equipment used terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA� THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING•MARCH 1987 CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No.38-833 Know All Men by These Presents: That TE� OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY,an Indiana Corporation,pursuant to the authority granted by Article III,Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company,do hereby nominate,constitute and appoint: Thomas Wheeler,R.C.Riley,Roy Riley I I I, Keith Riley,Cynthia G.Ross,Misty G.Wiles or Wes Bradford of Benton,Kentucky its true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS,iJNDERTAKINGS,and RECOGNIZANCES,not exceeding in any single instance FIVE MILLION(55,000,000.00)DOLLARS,excluding,however,any bond(s)or undertaking(s)guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply,to all intents and pu�poses,as if they had been duly executed and acknowledged by the regulazly elected officers of the Companies at their administrative offices in Fai�eld,Ohio,in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF,the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 4th day of August,2005 {Y Wsy �IMfUq, �p;.._...T!tc �`'•' _•�p . J• n �, o � � o; SEe�L �°s :i SEAL '� WY,. .� s'•. '� ��,y� Gzw't2vt.�'-e. Sam Lawrence,Assistant Secretary STATE OF OHIq COUNTY OF BUTLER On this 4th day of August,2005 before the subscriber,a Notary Public of the State of Ohio,in and for the County of Butler,duly commissioned and qualified,came Sam Lawrence,Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY,to me personaliy known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid,and that the seals affized to the preceding instrument aze the Corporate Seals of said Companies,and the said Corporate Seals and his signature as officer were duly�xed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal at the City of Hamilton,Stat///e��of Oh^io,the day and yeaz first above written. +dJ�,1fj� � (J / 7-�1 �r ,�� iC L� -dr ��ry..�r-1�C ` am• Notary Public in and for County of Butler,State of Ohio My Commission expires August 6,2007. This power of attomey is granted under and by authority of Article III,Section 9 of the Code of Regula6ons and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company,extracts&om which read: Article III,Section 9. Appointment of Attorneys-in-Fact. The Chairman of the Board,the President,any Vice-President,the Secretary ot any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attomeys-in-fact for the purpose of signing the name of the corporation as surety to,and to execute,attach the seal of the corporation to,acknowledge and deliver any and all bonds,recognizances,stipulations,undertakings or other instruments of suretyship and po(icies of insurance to be given in favor of any individual,firm,corporation,partnership,limited liability company or other entity, ot the official representative thereof,or to any county or state,or any official boazd or boazds of any county or state,or the United States of America or any agency thereof,or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boazds of Directors of the Companies on October 21,2004: RESOLVED,1'hat the signature of any officer of the Company authorized under Article III,Section 9 of its Code of Regulations and By-laws and the Company seal may be�xed by facsimile to any power of attomey or copy thereof issued on behalf of the Company to make,execute,seal and deliver for and on its behalf as surety any and all bonds,undertakings or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall,with respect to any bond,undertaking or other written obligations in the nature ffiereof to which it is attached,be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I,the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company,do hereby certify that the foregoing power of attorney,the referenced By-Laws of the Companies and the above resolution of their Boards of Directors are true and conect copies and aze in full force and effect on this date. 2 ' � IN WIINESS WHEREOF,I have hereunto set my hand and the seals of the Companies this ✓ day of � � �,w.� y�„�,� �,• �C 'W�•:'"_..�� . 4:� . .'_ 'o ��A��%��-"C ��i�^��H4i�" / o; SEAL ;,� :i SEAL ;; Jy. • :t ;�• �Y Assistant Secretary