HomeMy WebLinkAboutRES.969.08-01-1994 �
BILL NO. 93-203 RESOLUTION N0. ����('`"�i
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH DANNY GILDER
EXCAVATION FOR FINISH GRADING AND TOPSOIL
PLACEMENT IN THE SHAWNEE PARK SPORTS COMPLEX,
PHASE 2 PROJECT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE l. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a
Contract with Danny Gilder Excavation for finish grading and
topsoil placement in the Shawnee Park Sports Complex, Phase 2
project. A copy of said Contract is attached to this Resolution
and made a part hereof.
PASSED AND ADOPTED THIS �..�r DAY OF �� %��I�, r , 19 ';�''
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A. M. Sp adling, III, ' yor
ATTEST: `�--�
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Gayle L. Conrad
Deputy City Clerk
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CITY OF CAPE GIRARDEAU
SHAWNEE PARK, PHASE 2
GRADING AND TOPSOIL
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS,AGREEMENT is dated as of the �_ day of ' s�t in the year
19 '� by and between the City of Cape Girardeau, Mi ouri (hereinafter called
OWNER) and Dannie Gilder Excavating, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The work to be pertormed under these Contract Documents shall consist
of site improvements located at Shawnee Park Sports Complex, Cape
Girardeau, Missouri, consisting of cut and fill establishing subgrades on
soccer fields 1 through 4 and the service road area between softball fields
1 and 5, and the placement of 6" of topsoil on soccertields 1 through 4 and
softball field 1 through 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
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
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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:
Fifty Nine Thousand Two Hundred Twenty-Nine Dollars and No/Cents $59.229.00
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.
9 % of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character
and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine
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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
subsurtace conditions at or contiguous to the site and all drawings of physical conditions
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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 (surface, 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 pertormance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
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:
8.1 This Agreement (pages 1 to 7 inclusive).
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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 4�, 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.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
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Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on September 13 , 19 94 (which is the Effective
Date of the Agreement).
OWNER F �lAp� 6/.eA 2',qvCONTRACTOR oAN�u�� ��.c�,e Ex�u,�-� su�,
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y: J. Ronald Fischer By: Dannie Gilder. President
City Manager
[CORPORATE SEAL] [CORPORATE SEAL]
�
Attest Atte .�—a
Address for giving notices Address for giving notices
401 Independence 5603 State Highway 25
Cape Girardeau. MO 63701-6244 Cape Girardeau. MO 63701
(If OWNER is a public body, attach License No. 0010882
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
�1VNs E Cp/Crd P.�"
(If CONTRACTOR is corporation,
attach evidence of authority to
sign.)
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� . , CITY OF CAPE GIRARDEAII
- .
SHAWNEE PARR IMPROVEMENTB, PHASE 2
BID FORM
(EJCDC 1910-18) (1990)
(Exhibit C)
PROJECT IDENTIFICATION:
SHAWNEE PARR IMPROVEMENTS� PHASE 2 - FINISH GRADING AND
TOP80IL DEPOSIT
THIS BID IS BIIBMITTED TO: CITY OF CAPE GIRARDEAII, MO
401 INDEPENDENCE STREET
CAPE GIR�ADEAII, MO 63701-6244
(Hereinafter called "OWNER")
1. The underaigned BIDDER proposes and aqrees, if the Bid is accepted, to enter
into an agreement with OWNER in the form included in the Contract Documenta 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 terma and conditiona of the Advertiaement or
Invitation to Bid and Inatructiona to Biddere, 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 requfred number of counterparts of the Agreement with the Bonda and
other documents required by the Bidding Requirements within fifteen days after the
date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER representa, as more fully set forth in the
Agreement, that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: (List Addenda by
Addendum Number and Date)
No, t — J�KE Z'7 � t99�
�1d. 2 - Ju� r zz� l 99y
(b) BIDDER has visited the aite and become familiar with and ia satisfied as to
the general, local and site conditions that may affect cost, progress, performance
and furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, atate and local
Laws and Regulations that may affect cost, progreas, performance and furnishing of
the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawinga of physical
conditions in or relating to exiating surface or subsurface structures at or
contiguous to the site (except Underground Facilitfes) which have been identified in
the Supplementary Conditions as provided in paraqraph 4.2.1 of the General
Conditiona. 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
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4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings
are not Contract Documenta and may not be complete for BIDDER'S purposes. BIDDER
acknowledges that OWNER and Engineer do not assume responaibility for accuracy or
completeness of information and data shown or indicated in the Bidding Documents
with respect to Underground Facilities at or contiquous to the site. BIDDER has
obtained and carefully atudied (or assumes reaponsibility for having done so) all
such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditiona (surface, subsurface and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost
progress, performance or furnishing of the Work or which relate to any aspect of the
means, methods, techniques, sequences and procedures of construction to be employed
by BIDDER and safety precautions and programs incident thereto. BIDDER does not
consider that any additional examinations, investigations, explorationa, tests,
studies or data are necessary for the determination of this Bid for performance and
furnishing of the Work in accordance with the times, price and other terms and
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 this Bid is submitted as indicated �
in the Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in
the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors,
ambiguities or discrepancies that BIDDER has diecovered in the Contract Documents
and the written resolution thereof by ENGINEER ia acceptable to BIDDER, and the
Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performing and furniahing the Work for which this Bid
is submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporatien and is not submitted in conformity with any
agreement or rules of any group association, organization or corporation; BIDDER has
not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid; BIDDER has not solicited or induced any peraon, 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 finish grading of Softball Fields 1 through 5 and Soccer Fields 1
through 4 and placement of topsoil;
LUMP SUM BID PRzcE SE�F.�+7Y�NE Tfil���o;N1NL�"�AY1�l� 1�D EJ6'�($ I D •DO )
(use words) ( igures)
5. ALTERNATES
Alternate A: Delete topsoil:
neduct: g 2g�3s$��b
Alternate B: Delete finish qrading on Softball Fields 1 through 5:
Deduct: $ 4
—00320-2—
-00320-3-
,... • •,
6. BIDDER agrees that the Work will be subatantially 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 daya indicated in the Agreement. BIDDER
accepts the proviafona of the Agreement as to liquidated damages in the event of failure
to complete the Work within the timea specified in the Agreement.
7. The following documenta are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of d�p QV��
(b) A tabulation of Subcontractors, Suppliera and other peraons and organizations
required to be identified in this Bid.
(c) Required BIDDER'S Qualification Statement with supporting data.
8. Communications concerninq this Bid ahall be addressed to: �
Name �� 6rER �PoYTHkESS , PROrSL'GT CrlGJN ELcIQ
Address ��03 �W�' Z s
Vvl�i�i���G • •i!� ���`� ' --�3��) Zy3rV IrY
9. Terms used in the Bid which are defined in the General conditiona or Instructions will
have the meanings indicated in the General Conditione or Instructiona.
SUBMITTED on J�LY Z� , 19�_.
State Contractor License No. O O/D g�
IF BIDDER is:
An Individual
gy (SEAL)
(Individual's Name)
doing businesa as
Businesa address:
Phone No. :
A Partnership
gy (SEAL)
(Firm Name)
(general partner)
Business addresa:
Phone No. : ` �
-00320-3-
.,�, .�
-00320-4-
A Corporation
ay D�trinl l� GI LI�QQ C-x c,,+vr�fiHb . T�+«• �sE��
(Corporation Name)
/Yt 1 S S o�.c�C 1
(state of ' o oration)
<
By 2u� � � • (SEAL)
(name of person authorized to sign)
� p�R�s�nE�T
�Title�
(Ccrporate Seal)
.
.
Atte9t _ l/ Cf� 6ri.vt�. � o --_ __
(Secretary) . . '
susiness address: ,�s(e0� �W�' Z�
C:o�tvoN ��c.t� , rv�o (Q3'7n � � .
Phone No. : 13��� 'zy3�g��
�
Date of Qualification to do business is 3�'��"Q`1
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Addreas for receipt of official communications
(Each joint venturer must sign. The manner of signing for each individual, partnership
and corporation that is a party to the joint venture should be in the manner indicated
above. )
-00320-4-
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A,310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
DANNIE GILDER EXCAVATING, INC.
as Principal, hereinafter called the Principai, and
United Fire & Casualty Co. P 0 Box 73909
Cedar Rapids , Ia 52407 Phone # (319) 399-5700
a corporation duly organized under the laws of the State of I owa
as Surery, hereinafter called the Surety, are heid and firmly bound unto
CITY OF CAPE GIRARDEAU, MO
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent (5�) Of Amount Bid
Dollars (S ),
for the payment of which sum well and truly to be made, the said Principal and the said Surery, 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 - FINISH GRADING
N O W, T H E R E F O R E, if the Obligee shall accept the bid of the Principal snd the Principal shsll enter into a Contntt
with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the biddina
or Contnct Documents w�th good and suHiuent surety (or the faith(ul performanc.e ol such Contract and (or the prompt
payment o( labor and matenal (urnished in the prosecut�on thereo(, or in the event o( the tsilurc of the Principal to enter
such Contract and g�ve such bond or bonds, �f the Pr�ncipal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount speci(ied i� said bid and such larger amount for which the Obligee may in sood faith contnct
with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to rcmain
in full force and eHect.
Signed and sealed this 27TH day of JULY 19 9�
DANNIE GILDER EXCAVATING, IN�.
� � ��- (Frinci ) (Sqil), -
l
IWitn ss)
Uni ted Fire &�T��°�sual ty Co.
. .
(Suretyl (Seaf)
(WitnessJ �,�
�r�k) Attorney-In-Fact
AIA DOCUMENT A310•BID BOND•AIA�• FEBRUARY 1970 ED•THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1
�`` � �� UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS. IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
tOriginal on file at Home Office of Company - See Certification)
KNOW ALl MEN BY THESE PRESEIVTS, That the UNITIED FIRE & CASUALTY COMPANY, a coporotion duly organized and existing
under the laws of the SWte of lowa, and having its principal office in Cedar Rapids, State of lowa, does makq, constitute and
appoint (�ARY L. YOST, OR WILLIAM L. 30UTHWORTH, OR MILLIE RATHBUN, OR PEGGY
DYE, OR DEE ROGERS, OR RICHARD JACKSON, OR DIANE COATS, OR CHARLES
FOSTER, OR WM. DOUG MONTGOMERY , OR E. WARD MERRELL, OR GINA SIMPSON,
OR DEBBIE KING, ALL INDIVIDUALLY .
of P O BOX 4207 GS SPRINGFIELD MO 65808
fts true and lawful Attorney(s)-in-Fact with power and suthority hereby conferred to sign, seal and execute in its behalf all
Iswful bonds, undertakings and other obiigatory instruments of similar nature as follows: A N Y A N D A L L B 0 N D S
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully snd to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said AttorneY, pursuant to the authority
hereby given ue hereby ratified and confirmed.
The Authority hereby granted shall expire S E P T E M B E R 2 fl d 19 9 5 unless sooner revoked.
This power of AttorneY is made and executed pursuant to and by authority of the following By-Law duly adopted by the
Board of Directors of the Company on April 18, 1973.
"Article V - Surety Bonds aod Undertakings."
Section 2,Appointment ol Attwnsy-In-Fact."The Presidenl or any Vice PresWent,or any other otllcer ol ths Company,mey,irom tim�to tlms,appolnt
by wrllien certll�atea atlorneys-In-tact to act In behalf ol Ihe Compeny In ths sxecullon ol polklss ol Insurancs,bonds,uodertakinys end olAer
oblipalory Inslruments ot Ilke nalura.The slynaiure ol eny olficer autAwlzed hereby,and ihe Corponts ssal,may be allixed by facrimile to any
powerot altaney or speclal powx ol attorney or certlllcallon ot eilher authalzed h�eby;such slpnaturs and seal,when so ussd,beinp adopted by tha
Comptny as ths wlqinal slpnatu�s ol such ofticer and the orlqinal seal ol th�Compeny,to be vstld end bindlny upon ths Company wlih iM ume lorca
and eitect as ihou9h manualy alllxed.Such ettorneys-In•fae1,cubJecl to tha Iimilatbns set forth In their respactivs carlNicatas ol authorlly shall have
lull power to btnd the Company by thalr signature and execullon ol any such Instruments end to attach th�ssal ot ths Company thsreto.Ths President
or any Vlcs Presidenl,1ha Board ol Directors or any olAer olllcer ol Ihe Company may at any time revoke all power and authwlty prevlously plven to
a�y attorney-In•lact. •
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has cwsed these presents
to be signed by its vice President and its corporate seai to be hereto affixed this
��yk�i� 2Ad day of SEPTEMBER ,A.D. 1993
�
'` COi►OIATE�
� •... � UNITED FIRE & CASUALTY COMPANY
� �i4L „
�,V+�*,��a �
N�w��+� BY
Vice President
State of lowa, County of Llnn, ss:
On this 2 n d day of S E P T�F M B E R 19 9 3. bef ore me personally came MAYNARD L. HANS EN
to me known, who being by me uly sworn, did depose and say: that he resides in Cedar Rapids, State of lowa; that he is a
Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporotion described in and which exacuted the sbove
instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corPorated seal; that
it was so affixed pursuant to authority given by the Board of Directors of said corporation and tha he signed his name thereto
pursuant to like authority,tand acknowledges same to be the act and deed of�orpo tion.
�►''` 4 LOIS OA.dC�NlCiM1ANN � Notary Public
. F 61Y COI�IISSION EXP�E9
o ��10.10oS My commission expires NOVEMBER 10 .�9 95
• CERTIFICATION
I, the undersigned offica� of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the fore9oing
copy of the Power of AttorneY and affidavit, and the copY of the Section of the By-laws of said Company as set forth in said
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereoi, pnd of the whole of the said originals. and that the said Power of AttorneY has not been revoked and is
now in full force and effect ,
�N,,,��N��� In testimony whereof 1 have hereunto subcribed my name and affixed the corporate seal of the said
���'��}�. Company this ��'�'�'day of �� 19�}Y
° COi/ORATE�
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DATE: 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 Docwnents 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 . Secti:on 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
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DATE: 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