HomeMy WebLinkAboutRES.968.08-01-1994 a �
BILL NO. 94-202 RESOLUTION NO. � " '
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH DUMEY EXCAVATING, INC.
FOR SEEDING AND SPRIGGING WORK IN THE SHAWNEE
PARK SPORTS COMPLEX, PHASE II 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 a
Contract with Dumey Excavating, Inc. for seeding and sprigging work
in the Shawnee Park Sports Complex, Phase II project. A copy of
said Contract is attached to this Resolution and made a part
hereof.
PASSED AND ADOPTED THIS � �`�!- DAY OF 1�;!.;�'.�'' , 19 `�'�`1
/� '
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.� '��' � C�--�
s
A. . Spradling, III, yor
ATTEST: �v
I ���� ," ,,"' a�..
Gayle . Conrad �
Deputy City Clerk
J
CITY OF CAPE GIRARDEAU
SHAWNEE PARK, PHASE 2
SEED/NG AND SPR/GG/NG
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS GREEMENT is dated as of the � day of �in the year
19� by and between the City of Cape Girardeau, Misso ' (hereinafter called
OWNER) and Dumey Excavation, tnc. (hereinafter called CON CTOR).
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 pertormed under these Contract Documents shall consist
of site improvements located at Shawnee Park Sports Complex, Cape
Girardeau, Missouri, consisting of permanent and temporary seeding;
permanent seeding installations on soccer fields 1 through 4 and softball
fields 1 through 5; temporary seeding on the service road area between
softball fields 1 and 5. All installed as specified and shown in the
Construction Documents.
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 completed and ready for final payment within thirty (30) calendar
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
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completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER
if the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER One Hundred Dollars $100.00 for each day
that expires after the time specified in paragraph 3.1 until the Work is complete.
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 4.1 below:
4.1 for all Work other than Unit Price Work, a Lump Sum of:
Thirtv Five Thousand Six Hundred Fifty-Nine Dollars and No/Cents $35.659.00
All specific cash allowances are included in the above price and have been computed in
accordance4 with paragraph 11.8 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
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
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ENGINEER, OWNER, on recommendation of ENGINEER, may determine
that as long as the character and progress of the Work remain satisfactory
to them, there will be no additional retainage on account of Work
completed, in which case, the remaining progress payments prior to
Substantial Completion will be an amount equal to 100% of the Work
completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied
by documentations satisfactory to OWNER as provided in paragraph 14.2
of the General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments
to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less
such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance
with paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
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, pertormance 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, pertormance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
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subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surtace or subsurtace structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract
Documents with respect to Underground Facilities at or contiguous to the site.
CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all such additional supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surtace, subsurtace 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 pertormed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
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 pertormance 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:
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8.1 This Agreement (pages 1 to 7 inclusive).
8.2 Exhibits to this Agreement (pages _to _, inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting
of 4 pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 43 , inclusive).
8.6 Supplementary Conditions (pages 1 to 3, inclusive), with Missouri Prevailing Wage
Law and Determination.
8.7 Specifications bearing the title "Technical Specifications" consisting of 1 division and
31 pages, as listed in the table of contents theref.
8.8 Drawings consisting of a cover sheet and sheets numbered C1 through C3, inclusive
with each sheet bearing the following general title: "Site Grading at Osage and Shawnee
Parks". (Drawings not attached hereto)
8.9 Addenda numbers 1 to 2 , inclusive.
8.10 CONTRACTOR's Bid (pages 1 to 4, inclusive) marked Exhibit C .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
_, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
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.
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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
inten�ion of the stricken provision.
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f >�
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 September 13 , 19 94 (which is the Effective
Date of the Agreement).
OWNER e E C N CTOR � ��
y: J. Ronald Fischer By: _ Danny D mey. President
City Manaqer -
[GORPORATE SEAL] [CORPO TE SEAL]
�
Attest � Attest ,� �
Address for giving notices Address for giving notices
401 Independence Route 1. Box 90
Cape Girardeau. MO 63701-6244 Oran. MO 63771
(If OWNER is a public body, attach License No. 00221824
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to
sign.) �
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! �,!!�►
MINUTES OF THE ANNUAL MEETING OF
THE SHAREHOLDERS OF
DUMEY EXCAVATION, INC.
The annual meeting of the shareholders of Dumey Excavation,
Inc. was held at the corporate office, Oran, Missouri, on the 6th
day of July, 1994, at 10:00 a.m. , pursuant of the foregoing call
and Waiver of Notice.
The president, Danny Dumey, called the meeting to order.
The first item of business to come before the shareholders
was the election of Directors to serve for the ensuing year, where-
upon nominations were made for the following:
Danny Dumey
Brenda Dumey
to be the Directors for the ensuing year. There being no
further nominations, motion was duly made, seconded and unanimously
carried that the persons nominated be elected by acclamation.
A financial statement was presented to the shareholders which
indicated that the company was solvent; however, it was the unanimous ,.
opinion of the shareholders not to declare a dividend.
A special meeting was held in June, 1994, and the shareholders
ratified a decision of the officers to issue a bonus to Danny Dumey
in the amount of $500,000.00.
There being no further business to come before the shareholders'
meeting, the meeting was adjourned at 10:30 a.m.
Secretary
APPROVED:
Q- ,��.'Y►i�
Presid
' CITY OF CAPE GIRARDEAII
� . � SHAWNEE PARR IMPROVEMENTB� PHASE 2 �
HID FORM
(EJCDC 1910-18) (1990)
(Exhibit c)
PROJECT IDENTIFICATION:
SHAWNEE PARR IMPROVEMENTB, PHASE 2 - BEEDING AND SPRIGGING
THIS BID IS SIIBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE BTREET
CAPE GIRARDEAII, MO 63701-6244
(Hereinafter called "OWNER")
1. The undereigned 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 apecified 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 documenta required by the Bidding Requiremente within fifteen daya after the
date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER representa, as more fully set forth in the
Agreement, that:
(a) BIDDER has examined and carefully atudied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: (List Addenda by
Addendum Number and Date)
Adc�ehc�«r,-,. No l - Jah� o?; /991/
/-)u�o�e n��.�,,. ll�o. az. � f l v a?a� /99 y
(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 furniahinq of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local .
Laws and Regulations that may affect coat, progresa, performance and furnishing of
the Work.
(d) BIDDER has carefully etudied all reports of explorations and tests of
subaurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to exiating surface or subaurface structures at or
contiguous to the site (except Underground Facilities) which have been identified in
the Supplementary Conditiona 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
-00320-1-
-00320-2—
' 4.2 of the General Conditions. BIDDER acknowledgea that such reports and drawings �
are not Contract Documents and may not be complete for BIDDER'S purpoaes. BIDDER
acknowledges that OWNER and Engineer do not assume responsibility for accuracy or
completenesa of information and data ahown or indicated in the Bidding Documents
with respect to Underground Facilities at or contiguous to the site. BIDDER has
obtained and carefully studied (or assumes responsibility for having done so) all
such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subaurface and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost
progreas, performance or furnishing of the Work or which relate to any aspect of the
means, methoda, techniques, sequences and procedures of construction to be employed
by BIDDER and safety precautiona and programs incident thereto. BIDDER does not
conaider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the determination of thia Bid for performance and
furnishing of the Work in accordance with the timea, price and other terms and
conditiona 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 related to Work for which thia Bid ia submitted as indicated
in the Contract Documents.
(f) BIDDER has correlated the information known to BZDDER, 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, errora,
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 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 ia 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 aseociation, organization or corporation; BIDDER has
not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to
refrain from bidding; and BIDDER has not sought by collusion to obtain for itself
any advantage over any other Bidder or over OWNER.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s) :
BASE BID•
For sprigging of Softball Fields 1 through 5 and Soccer Fields 1
through 4 and for permanent seeding of areas shown on plans;
LLTMP SUM BID PRICE /'or� -s�� o�tona� -f';ve a r�� Qi -�','v di//�.s y ��($ �lo�� s�ls� 00 )
( se words) (figures)
5. UNIT PRICES
In the event BIDDER is required to do extra work covered by unit prices,
BIDDER wi12 charge OWNER the following prices. The unit prices include all
labor, overhead and profit, materials, equipment, etc. to cover the finished
work of the aeveral kinds of work called for.
(a) Sprigging: Furnish and place additional Bermuda
spriga in accordance with the specifications,
per Acre. $ o?�{O O , Oo
—00320-2—
� -00320-3-
' � � (b) Final Seeding: Furnish and place lime, fertilizer, '
aeed, and mulch in accordance with the apecifications,
per Acre. $ /o?O o 00
6. ALTERNATES
Alternate A:
Delete sprigging on Softball Fields 1 through 5 and Soccer Fields 1 through 4
and replace with permanent seeding as per specifications:
Deduct: $ /� 90�lo•O O
7. BIDDER agrees that the Work will be aubatantially completed and completed and
ready for final payment in accordance with paragraph 14.13 of the General Conditions
on or before the dates or within the number of calendar days indicated in the
Agreement. BIDDER accepta the provieions of the Agreement as to liquidated damages
in the event of failure to complete the Work within the times specified in the
Agreement.
8. The following documents are attached to and made a condition of thia Bid:
(a) Required Bid Security in the form of iV��� �o h U
(b) A tabulation of Subcontractora, Suppliers and other peraons and
organizations required to be identified in this Bid.
(c) Required BIDDER'S Qualification Statement with supporting data.
9. Communications concerning this Bid shall be addressed to:
Name �a � �i �w, v r� , J r^,
Address (\o k 1'e- � �0 X �1 �
��^4 n. /�o �v3 7�!/
�
10. Terma used in the Bid which are defined in the General conditiona or
Instructiona will have the meanings indicated in the General Conditions or
Instructions.
SUBMITTED on I u �v o� � , 19 9y
state contractor License r1o. ooa a ��ay
IF BIDDER ie:
An Individual
gY (SEAL)
(Individual's Name)
doing businesa as
Buaineas addreea:
Phone No. :
-00320-3-
-00320-4— •
� � . A� PartnershiA
gy (SEAL)
(Firm Name)
(general partner)
Busineas address:
Phone No. :
A Corporation
By DKh1 B V f� X�a ✓q'T���o YJ ,��rG {SEAL)
(Corporation Name)
�i S'Soc� y� �
(atate of incorpo at n)
�y r e d Q �u �e �sEAr,�
(name of perao authorized to sign)
Se�r��iary .
� (Title)
(Corporate Seal)
Attest U r�°Vl a a � ` �
� (Secretary)
Business address: Tl0 u�� � � �o X 90
Or a � M o l�-3��/
Phone No. : .3/y - a� a - 3� 0 8
Date of Qualification to do business is �Jul�e� ����
A Joint Venture
gy (SEAL)
(Name)
(Addrese)
g�, (SEAL)
(Name)
(Addresa)
Phone Number and Address for receipt of official communicationa
(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. )
-00320-4-
� _. � RLLIANCE IN�URANCE COM�ANY
HEAD OFFICE, PHILADELPFiiA, PENNSrLVAN1A
Bond No.
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHiTECTS
A.I.A.DOCUMENT NO.A-310(FE6.1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that�we DtJMEY EXCAVATION, INC'.
Route l, Box 90
Oran, Missouri 63771
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety,are held and firmly bound unto
CITY OF CAPE GIRAF2DEAU
401 Ir�iependence Street
Cape Gixardeau, MO 63701
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERC�VVT OF ANIOUNT BID-------
-----------------------------------------------------------------------------
--------------------------------- -----------Dollars f$5% of Bid------------�,
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for Shawnee Park Improv�nents - Phase 2;
Seeding and Sprigging
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance wiih the terms of such bid, and give such bond or
bonds as may be specified in ihe bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof,or in theevent of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, -
then this obligation shall be null and void, otherwise to remain in full force and effect. ,
Signed and sealed this 27th day of July A.D. 1994
DIP'�,'Y EXCAVATION, INC.
(Principal) (S�l)
(VN' ss)
(Title)
RELIANCE INSURANCE COMPANY
(`�c���nl�. C' �.�s�1
Cynthia L. Choren, Attorney-In--Fact
BDR-2305.Ed.10-73
� . RELIANCE INSURANCE COMPAI�Y
HEAD OFFICE, PHILADELPHIA,PENNSYLVANIA -
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That tha RELIANCE INSURANCE COMPANY, a corporation duly orpenized under the laws of the State
of Pennsylvanie, does hereby make, constitute and appoint Jsm�s Prira�n, Cynthis L. Chonn, D�rd�l O. Y�Iich., individually, of St. Louis,
Mi�souri, its true and lawful Attorney(s1-in-Fact, to maka, execute, ssal and deliver for and on its behelf, and as its ect and deed any and all
bonda and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY theraby es futly and to the same extant as if such
bonds and undartakings end other writings obligatory in the nature thereof ware signed by an Executive Officar of the RELIANCE INSURANCE
COMPANY and seeled and attested by ona other of such officers, and hareby ratifias and confirms alt that its said Attorney(s1-in-Fact may do
in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of REUANCE INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force end effect,reading as follows:
ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKING
1. The Board of Diractors, the President, tha Chairman of the Board, any Senior �ce President. any Vice President or Assistant Vica
President or other officer designated by the Board of Diractors shall have power and authority to (e) eppoint Attorney(s)-imFact and to
authorizs them to execute on behaif of tha Company, bonds and undertakinps, recognizances, contracts of indemnity and other writinpa
obligatory in the nature thereof,and (b)to ramova any such Attornsy(s)-in-Fect at any time and revoke the powet and authority givan to them.
2. Attorney(s)-in-Fact shall have power and authority, subject to the tertns end limitationa of the Power of Attorney issued to them,to
execute and daGver on behalf of the Company, bonds and undertakings, recopnizances,cont�acts of indemnity and otha►writings obligatory in
the nature thereof. The corporata seel is not nacessary for the velidity of any bonds and undertakings, recognizances,contracts of indamnity
and other writings obligatory in the nature thareof.
3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
indemnity or othar conditional or obligatory undertekings and they shall also have power and authority to certify tha financial atetament of the
Company and to copies of tha By-Lews of tha Company or any article or aection thereof.
This Power of Attorney is signed and sealad by facsimile under and by authority of the following Resolution adopted by the Board of Directors
of RELIANCE INSURANCE COMPANY at a meatine held on tha 5th day of June, 1979, at which a quorum was presant, and said Resolution
has not been amendad or repealed:
'Resolved that tha signatures of such directors and officero and the seal of the Company may be affixed to any such
Power of Attorney or any ce►tificates raleti�g thareto by facsimile, end any such Powar of Attomsy or certificate bearing
auch facsimile signatures or facsimile seal shall be valid end binding upon the Company and any such Power so exacuted
and certifiad by facsimila signatures and facsimile seal shall be valid and binding upon the Company, in tha future with
respact to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has ceused these presants to be signed by its Vie:�Prosid�nt
and its corporate seal to ba herato affixed,this 17 day of Decsmber, 1993
RELIANCE INSURANCE COMPANY
��
� �
������ �_
�� Vice President
STATE OF Pennsylvania ��M�
COUNTY OF Philedelphie �ss.
On this 17 day of December, 1993 personally appeared Charks B.Schmalz
to ma known to be the Vice Prosident of the RELIANCE INSURANCE COMPANY, end acknowledgad that he executed and attested the
foregoing instrumant and affixed the seal of said corpoeation thereto, and that Article VII, Section 1, 2, and 3 of the By-Laws of said
Company,end the Resolution,set forth therein,are still in full force.
:; NOTARIAL SEAL �����n(��Q/�,
' VALENC�WORTHAM.Notary Public -: �°�'wE � V
City d Phdadelphia.Phit�.Counry OF �i p
M mission Ex ires Nov 18.199� <
',� v�� Notery Public in and for Stata of Pannsylvania
Residing at Philadelphia
I,Anits Zippert.Sec►etary of the RELIANCE INSURANCE COMPANY,do haraby cartify thet tha ebove and foragoing is a true and corract copy
of a Powar of Attornay executed by said RELIANCE INSURANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of seid Company this 27th day of �7111y �s 94
�vIM�M^'� •
�� � Secretary
�w��
BDR-1431 Ed.3/83
�� DAT�: June 27, 1994
FROM: Sebek Alberson and Associates
Architects-Consultants-Planners
238 N. Fountain Street
Cape Girardeau, Missouri 63701
(314) 334-9520
TO: Prospective Bidders
RE: Addendum No. 1 to the Bidding Documents for:
Shawnee Park Improvements - Phase 2
Finish Grading and Seeding
City of Cape Girardeau, Missouri
This addenda forms a part of the Contract Documents and modifies the
original Bidding Documents dated June, 1994 as noted below. Acknowledge
receipt of this Addendum on page 00320-1 of the Bid Form. Failure to do
so may subject Bidder to disqualification.
This addendum consists of 1 page.
NOTICE TO BID
1. Bid Date. The Bid opening date is changed from June 30, 1994 to
July 7, 1994. The time and place of Bid opening shall remain unchanged.
STANDARD FORM OF AGREEMENT
2 . Article 2. Engineer. Article 2 shall be replaced in its entirety
by the following: "The project has been designed by Sebek Alberson and
Associates; Architects; 238 N. Fountain St. ; Cape Girardeau, Missouri
63701; Tel. No. (314) 334-9520; who is hereinafter called ENGINEER and
who 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".
SUPPLEMENTARY CONDITIONS
3. Paragraph SC-1.18 shall be revised to read as follows: "SC-1. 18
ENGINEER's Consultants as defined in the General Conditions are:
1. Smith and Company
901 Vine Street
P.O. Box 72
Poplar Bluff, Missouri 63902
(314) 785-9621"
TECHNICAL SPECIFICATIONS
4 . Section 02210, Finish Grading. Paragraph 2.07.A (ENGINEERS
STAKES) . In the paragraph heading and in the first sentence of the
paragraph, change the word "Engineer" to "Owner".
1
i'DAT�E: July 22, 1994
FROM: Sebek Alberson and Associates
Architects-Consultants-Planners
238 N. Fountain Street
Cape Girardeau, Missouri 63701
(314) 334-9520
TO: Prospective Bidders
RE: Addendum No. 2 to the Bidding Documents for:
Shawnee Park Improvements - Phase 2
Finish Grading and Seeding
City of Cape Girardeau, Missouri
This addenda forms a part of the Contract Documents and modifies the
original Bidding Documents dated June, 1994 as noted below. Acknowledge
receipt of this Addendum on page 00320-1 of the Bid Form(s) . Failure to
do so may subject Bidder to disqualification.
This addendum consists of 9 pages. .
NOTICE TO BID
1. Bid Date. The Bid opening date has been reset to July 27, 1994.
The time and place of Bid opening shall remain unchanged.
BID FORM(S)
2 . The Work has been separated into two sections, 1) Finish Grading
and Topsoil Deposit and 2) Seeding and Sprigging. A separate Bid Form
is provided for each section. Bidders may submit a bid for each
section. Combination of bids for both sections will not be accepted.
1