HomeMy WebLinkAboutRES.1148.02-20-1996 BILL NO. 96-79 RESOLUTION NO. ��`�;R;
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH GREGORY
CONSTRUCTION, INC. , FOR MODIFICATIONS AT THE
WASTEWATER TREATMENT PLANT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Gregory Construction, Inc. for modifications at the
wastewater treatment plant. A copy of said Agreement is attached
to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS " �='Ff� DAY OF - i' � c'' , 19 ` ( .
. ��,�.,
A. . Spra ling, III, yor
ATTEST:
L `
' � �'�' �
e ._
Gayle � . Conrad
Deputy City Clerk
..
CITY OF CAPE GIRARDEAU
WASTEWATER TREATMENT PLANT MODIFICATIONS - 1996
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the l�� day of in the year
19�by and between the City of Cape Girardeau, Missouri (here after called OWNER)
and Gregory Construction. 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 performed under these Contract Documents shall consist
of installation of aluminum or fiberglass grating over the existing inlet
structure screw pumps including the extension of concrete walls and the
installation of additional aluminum or fiberglass handrail.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER's representative, assume all
duties and responsibilities and have the rights and authority assigned to ENGINEER in
the Contract Documents in connection with completion of the Work in accordance with
the Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within Ninety (90) calendar days after the
date when the Contract Times commence to run as provided in paragraph 2.3 of the
General Conditions, and competed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within One Hundred Five (105) 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 Two Hundred Dollars 200.00 for each
day that expires after the time specified in paragraph 3.1 for Substantial Completion until
the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified in
paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Dollars
100.00 for each day that expires after the time specified in paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 4.1 below:
4.1 for all Work other than Unit Price Work, a Lump Sum of:
Twenty-eight thousand seven hundred fifty-one dollars and no cents ($28,751.00)
All specific cash allowances are included in the above price and have been computed in
accordance 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
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�
OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character
and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine
that as long as the character and progress of the Work remain satisfactory
to them, there will be no additional retainage on account of Work
completed, in which case, the remaining progress payments prior to
Substantial Completion will be an amount equal to 100% of the Work
completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied
by documentations satisfactory to OWNER as provided in paragraph 14.2
of the General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments
to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less
such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance
with paragraph 14.7 of the General Conditions.
5.2 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, performance and
fumishing of the Work.
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7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and fumishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR'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, subsurface and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR
does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing of the
Work.
Article 8. CONTRACT DOCUMENTS.
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.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7 inclusive).
8.2 Exhibits to this Agreement
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting
of pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive).
8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive).
8.7 Specifications bearing the title Wastewater Treatment Plant Modifications-1996.
8.8 Drawing included herewith bearing the following general title: WASTEWATER
TREATMENT PLANT MODIFICATIONS
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR's Bid (pages 1 to 6 , inclusive) marked exhibit _.
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 wilt 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 / , 19�(which is the Effective Date
of the Agreement).
011���R Cit of C e Girardeau CONTRACTOR Gregory Construction. Inc.
� Michael G. ' 't Mana er
�
B gy: 2�
[CORPORATE SEAL] [CORPOR E SEA
�
Attest �ht. Attest
Gayle Conr d, Deputy City Clerk
Address for giving notices Address for giving notices
401 Independence St. P.O Box 473
Cape Girardeau. MO 63703 Jackson. MO 63755
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to
sign.)
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� CITY OF CAPE GIRARDEAU
� WASTEWATER TREATMENT PLANT MODIFICATIONS - 1996
BID FORM
� (EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The instaliation of aluminum or fiberglass grating
� over the exiting inlet structure screw pumps including the extension of concrete walis and
the installation of additional aluminum or fiberglass handrail.
� THIS BID IS SUBMITTED TO: CITY OF CAPE GtRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63701-6244
� 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into
an agreement with OWNER in the form included in the Contract Documents to perform
� and furnish all Work as specified or indicated in the Contract Documents for the Bid Price
and within the Bid Times indicated in this Bid and in accordance with the other terms and
� conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to
� Bid and Instructions to Bidders, including without limitation those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days
after the day of Bid opening. BIDDER will sign and deliver the required number of
� counterparts of the Agreement with the Bonds and other documents required by the
Bidding Requirements within fifteen days after the date of OWNER'S notice of Award.
� 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
� (a) BIDDER has examined and carefully studied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: �Ust Addenda by Addendum
Number and Date)
� _L VOn e.
�
� (b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
� furnishing of the Work;
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�
�
, (c) BIDDER is familiar with and is satisfied as to all federai, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the
determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent
of the "technical data" contained in such reports and drawings upon which BIDDER is
entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER
acknowledges that such reports and drawings are not Contract Documents and may not
� be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer
do not assume responsibility for accuracy or completeness of information and data shown
� or indicated in the Bidding Documents with respect to Underground Facilities at or
contiguous to the site. BIDDER has obtained and carefiully studied (or assumes
responsibility for having done so) all such additional or supplementary examinations,
� investigations, explorations, tests, studies and data conceming conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which
may affect cost progress, performance or furnishing of the Work or which relate to any
aspect of the means, methods, techniques, sequences and procedures of construction
to be employed by BIDDER and safety precautions and programs incident thereto.
BIDDER does not consider that any additional examinations, investigations, explorations,
� tests, studies or data are necessary for the determination of this Bid for performance and .
furnishing of the Work in accordance with the times, price and other terms and conditions
of the Contract Documents.
�
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
� Contract Documents.
(f} BIDDER has correlated the information known to BIDDER, information and
� observations obtained from visits to the site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations, tests,
� studies and data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
� . resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions
for performing and furnishing the Work for which this Bid is submitted.
�
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
� '"
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�
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�
� of any group association, organization or corporation; BIDDER has not directly or
indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER
� has not solicited or induced any person, firm or corporation to refrain from bidding; and
BIDDER has not sought by collusion to obtain 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): ) / s/
�lv,'��� hZ �-�^�N SA SCd�I h
� LUMP SUM BID PRICE ti �c , - ($ �, �s� 'o )
� Specify grating materiat (aluminum or fiberglass) �'��ier
Specify handrail material (aluminum or fiberglass) �'f v
� If fiberglass, specify section (round or square) �oa�d
� 5. BIDDER agrees that the Work will be substantially complete within 90 calendar days
after the date when the Contract Times commences to run as provided in paragraph 2.3
of the General Conditions, and completed and ready for final payment in accordance with
� paragraph 14.13 of the General Conditions within 105 calendar days after the date when
the Contract Times commences to run.
, BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work within the times specified in 'the Agreement.
� 6. The following documents are attached to and made a condition of this Bid:
� (a) Required Bid Security in the form of bid bond or cashiers check
(b) Required BIDDER'S Qualification Statement with supporting data.
�
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� 7. Communications concerning this Bid shall be addressed to:
� Name r
Address �•�. �oX �7.3 . �aG SON . �D 1i37SS
� (a) Performance and Payment Bonding Company .
,� Name iv h
Address _ � D� ,�ox 7/Z , �e,t v;ti es , 1ow4 S03Q3-07/Z
� AgentV'ower of Attorney Name (if used) `OcK'Zo� �i�an:es, �Ah G�� �e!�o�
Address _T.�, �iox 4�935� , �CAns�rs �'�ti , /�O li4/¢/- G3S/
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8. Terms used in the Bid which are defined in the General conditions or Instructions will
� have the meanings indicated in the General Conditions or Instructions.
SUBMITTED On �b✓Hwrh � . 19�.
� State Contractor License No.
� IF BIDDER is:
An Individual
� By (SEAL)
(Individual's Name)
� doing business as
Business address:
�
Phone No.:
�
A Partnershia
By (SEAL) �
� (Firm Name) �
- ,
� (General Partner)
Business address:
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� Phone No.:
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� A Corporation , = }� �r;sf :
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By o r C d �' C '��`�+��� •,, �`
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( poration Name) `'�°� �*sr ,Y,��� "1:
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Date of Qualification to do business is
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A Joint Venture
� By (SEAL)
(Name)
� (Address)
By (SEAL)
� (Name)
(Address)
� Phone Number and Address for receipt of official communications:
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� (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.)
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THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A3I0
Bid Bond
KNOW ALL MEN BY THESE PRESENTS , that we
Crrcgory C:onswction, Inc_
P. O. Boz 473, Jactcson, Missouri 63755
as Principal, hereinafter called the Principal, and
Fmplaycis Mutual Casualty Company
P.O. Bwc T12, Des Moincs, Iawa 50303-0'l12 (SL� 250-2511
a corporation duly organized under the laws of the State of �oWa
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Capc Girardeaq Missouri
as Obligee, hereinafter called the Obligee, in the sum of r�[vr� Perccnt oe nmo�nc B;a
D o 11 a r s ($5�o nmt Bid ) ,
for the payment of which star►well and truly to be made, the said Principal and the said Surety bind
ourselves, aur heirs, acecutors, achninistrators, successors and assigns jointly ar�d severally, fiunly by
these presents
Wf�REAS, the Princi�l has s�atmitted a hi.d for
Waztcwater Tmatment Piant Modifications 1996
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 with the terms of such bid and give such bond or bonds as may be specified in the bidding
,,n.or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
aqment of labor and material furnished in the prosecution thereof or in the event of the failure of the Principai to enter
1�c1�4��`����ii�lYr � n3raot and give such bond or bonds if the Principal shall pay to the Obtigee the difference not to exceed the penalty
r ,tS� �Qe��fgtween the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
, ��,,.eoo,
„ ,,,,�th. ft#er party to perform the Work covered by said bid then this obligation shall be null and void otherwise to remain
� �
�-; �;�y' "�il�i�4l�ke cca and effect
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. �"� �;>�� '��anC�Sealed thiS I day Of Februa�Y 19 `�
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AIA DOCUMENT A310 - BID BOND - AIA - FEBRUARY 1970 ED - THE AMERICAN ' :�,��`,^�'�? �,�x .
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006 �� ' ;�i'��"���'� '.,
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EMC Insurane� Companies
P.O.Box 712•Des 1Vloines,Iowa 50303 ��� �2 316�
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CERTI'FICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN'BY THESE PRESENTS,that:
1. Employers Mutual Casualry Company,an lowa Corporation 4. Illinois Emcasco Insurance Company,an Illinois Gorporation
2. F�tcasco Insuran�e Campany,anlowa Corporation 5.; Dakota FireJnsurance Company,;a North:.Qakota Gprporation
3 Upic�t�.�nsurance Company of Frovidence,a Rhode Islantl Company 6_i American Liberty Insurance Cor�pany,an Alabama CorporatEan `
here�nafter rsterr�f to severally as"Co.mpany"and collectively as;"Companies",each does,by these presents,make,constitute and appc�nt:
�'C�1[J T:LtOC�Ci�i. IT�, J�MES C. PA7.EIDI�, MIQ�IIEI, C. FROST; IaA�IVID M. IDQCi�t, MF'f.7� D. EVAN�S;
JAI��' L. �COP, D(xJGi�AS P. IRVIld, PATRIQC T. PRIBYL, KEVII�I D. KALiSH. TRUDI A. S'1D1�I�ID,-
MIQ�EL I� �hIIPPS, BEIH E. Wfil'tE II�DIVIDi�fLLY, P'RAT�TF: VTT.T.�C".�, K�S--------------------
its true and iawfu attorney-in-fact,with full power and authori�y conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instrume�ts of a `
similar nature as follows:
, MTT.T.l'C�i --------- ---- `. .�.$ r' . . �<::
�i 1�N A� L�IC7� �G�II�iC ONE DOLI�ARS----------- — 3. OUO 000 tN�
'and to bind each Cotnpar�y;thereby as fully and to the same extent as if such instruments were signed<by the duly authorized officerS of e3ch suc#��o�npany;and alf of
ttie acts of said at�omey pursuant to the authority hereby given are hereby ratifie�antl confirmed.
The authority hereby granted shall expire A�ri 1 1, 1996 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
7his PoNier-pf-AitOmey is made�nd;executed pursuant to and by the authority af`the folfowing resalution of the Boards of Direcfors of each trF the`Gompanies at.the;.
second reg�lar(y scheduleif ineeEing:o#each company duly called and held in f 990. ::
RESOLVED:Th�ChaErman o#the Board of Directors,the President,any Vice President,the T�easurer'and the Secretary of Employers Mutua#CasualEy Gompany st��U; `
have power and authoriry to(1)ap�oint attorneys-in-fact and authoriie them to ezecute on behaif of each Company and attach the seai of the Company thereto,t�ontls
and undertakings, recognizances,contracts of indemnity and other writings obiigatory in the nature thereof,and(2)to remove any such attorney-in-fact at any time and '
revoke the power and authority given to him.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attomey issued to them,
to execute and deliver on behalf of the Company and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other
' writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall by fulfy and in all respects binding upon the Company:
Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shalf by fully and in all respects
binding upon th�s eompany: The facsimile or mechanically reproduced signature of such officer, whether made hereto#ore or hereafter where�er appeanng uport a;
cedrfred:eopy af a�:y power-o€attorr�ey of the Company,shafl be valid antl tiinding upo�the Co�pany with the same force and affeCf,as thaugh r�anually e�ixed: .
ft�INiT�IESS WHEREf)F,:Th�Companies have caused these presents to be signed cti by thei�o#ficers as shown,and the Cbtporate seal��i be;herefo&ff�csd this'
5�h ` day of ` ExtobPs ,19 94. > ,
, �
, . . . . 1 . � . � . I��+1...��.
(.(��/
Seals Robb B.Kelley,Ch rman Philip T.'.Va Ekeren,Secretary
of Companies 1,2,3&5 of Companies 1,2,3,5;
�� , , ,,,, ,,,,,, As tant Secretary of ompany 4
. 9 INS!/ �GE�0 0 :�PZY INS�9 ^
'Vp,54 �ti � 2�P ��i,� Fq ;0�,,,.��� q �: _ �.- � � P� v
_W�, `QpP08,y��,f��c�`� .�5 =`tj4PPqq� C' =2==`pRPOflq�Z�:' (L ot + ...
Bruce G.Kefley,C airman ' Donalc��..Coug u�er, .
<o SEAL � -Q; t863 �= =�; 1953 �:, of Comp�riies A&6 Assistartt S�etary Gar�rpany 8 .
�
=2,, , „�!? ;�o R�;,,.�'�,''?;' �;b''�e•.,,,, *a':' On this�day of �r _AD iJg�before me a Ncstartj+Publfc m
'�•*��UNO�`'�� • / 4�ABRM; and for�ofk County, lowa,�y appeared Robb B.Ke11ey,Philip T.Van Ekeren,Bruce
�,,, ,,,, ��,��,,,,,�•'° �„����„�
"' G. Kelley,and Donald L.Coughennower,who being by me duly swom;'did say that they a�e,
�,,,,�,,,,,.,. ,,,,,,,,, ,,,,�,,,,,,,,.
;.';�,5;aaNCF'•,; ;..�"NsuaqN�.,, ;.5�,�;ua,�•.,, and are known to me to be the Chairman and Assistant Secretary,respectively,of each of The
=�°���p,POR ••.�o=- :Q�`�PpOqq•-�'= :,�Q,' POR �qs�= Companies above;that the seals affixed to this instrument are the seals of said corporations;
=Q;� 4�•:�:: ° '�=�: °P 4'= that said instrument was si ned and sealed on behalf of each of The Com anies b authori
. .�Q�G t^� �O:c. '^ y : }�
_3: :�_ r_ 9 P Y `I� ��.
�` SEAI. ?, ;Q^, SEAL ;2� ;W; SEAL �; of their respective Boards of Directors;and that the said Robb B.Kelley,Philip T.Van Ekeren,
,o �; ;oF-,,,, °;` Bruce G.Kelley,and Donald L.Coughennower acknowtetlge fhe Qzecui[on af said instrument
'"` ' �" ' 2a �"".P ; ;Sn, �'-' #o be the vqlunta act and deed of each of The Com anies.
+owa qj,oaK My CommisSion Expires August 28,1995. �
, o orNEs�o, ry P
'� ,�,,.:•`' � ��,.��`
' .�y.�i.> � �V�R�
� „ � ��� � Notary Public
• • 8-28-95
�...
CERTIFICATE
I,'David L.Hixenbaugh of the Employers Mutual Casualty Company,do hereby certify that the foregoing resolution of the Boards of Directors by eaeh of The
;:Compan.ies,aqd this Power of Attotney issued pursuant thereto on [Y-t�r 5, 1994
ortbehal#°uf . Jc�tm T. :I�t�C3cto[i, III, Janes,C. P�teidl, Michaea. C. FS�st, Dav1d,.M Y�kto[�r '.SSc�. ;.
are tr�e and c�rrect'and are stdf in fuil fbrce artd effect. D E.�s Jam�t L. Iael�k�, Douglas P. I�i�n, �d#�'3.ek T P�.�l,
_ ,:.
; {n Testimon�WhereoE 1 h�ve subscribed my name and affixed<ihe�acsimile seaf af eaeh Gompa y this day of < 1g,�
E'ES q l 1995 Kevin D. `Kalish. 1`nidi A.'; � �-.Wl�ti.pps; Beth �:
�� � Vice-President . '
. . . . -. . � . . :� .:•
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond /: S21 0149
AIA Document A312
Performance Bond
My singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicabie.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Gregory Construction, Inc. Employers Mutual Casualty Company
P.O. Boz 712
P. 0. Boz 473 Des Moines, Iowa 50303-0712 (515) 280-2511
Jackson, Missouri 63755
OWNER (Name and Address):
City of Cape Girardeau
City Hall
401 Independence
Cape Girardeau, MO 63702-0617
CONSTRUCTION CONTRACT
Date: �Ct�..�� /�l;l99(r,
AI1lOUt1t:T�enty Eight Thausand Seven @undred Fifty One and 00/100 Dollars( S28,751.00)
Description (Name 811CI LOC8tIOf1�:Uastewater Treatment P1ant Modi£ications - 1996, Cape Girardeau, HO
BOND
Date (Not earlier than Construction Contract Date): �q�,�_Q`_, �� /���
AR10Uflt:�enty Eight Thousand Seven$undred Fifty One and 00/100 Dollars( $28,751.00)
Modifications to this Bond: � None ❑ See Page 3
COlVTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Cc�rporate SFa,;
Gregory Conatruction, Inc. Employers Mutual Casualty Comp�ny
� i�
�igrature: ��• Signature. _
�..
Name and Title Name an Title Janet L. Rehlcop
A[torney-In-Fact
(Any additional signatures appear on page 3)
(FOR /NFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or —�'�
other party):
Lock.ton Companies
P.O. Box 419351
Ransas City, MO 64141
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 �12-1984 1
1 Ih2 Contractor d�C ;ne Surety, jointiv zno 52��erall�.. �vhiCh it �^�dv 5e IicCIZ i0 t�Z J`Nn�� dnC. d5
binG' ihem52�v25, �heir heir5, 2xeCulO�S, dG�mini5i'zfG�:. i00� d5 ��dCiiCdC�2 ci;e� ihe cmCUn! ;5 �""-
successors and 'aS�iQ�S ,o the Owner ror ,he �errormar,ce ���eG'. tenCer �e�'m?^; i� �r�tpr �J !h2
ot the ConStruCiio�ConiraCi,whiCh i5 inCo�porated he'eir Owner: or
�v rererence. � �
. Denv IldOiliiV in wh0�e Or in �dr',;nC nOl,f�: '^P
2 Ir ;he ContrzCtor Derrorm5 Ihe Con;truC;ion COnc,aC[. Owner Cit�n� reason; ;nereror.
;he �uretv znd :he Con;ractor =hali ha��e ro obli,a�ion
� � �, ;he Sure�v doe� n0f arOC2�':.' �'Pro��c�d �n P�r�<��,;?n
un�er �his Bond, e:tc?c� ;o par;iC�pa;e :n Cont2ren��. a� , _ V
- .•, ;^ �easora���- ,�r,-,atne�s �,� � �^� � `�e c�e^
��v��:JE.. in _:bez��`�a�n 3.1. ;c �e in der��ll or. '.��: �io . �ir�e_ . � �r�� '�-_. , �r �..
3 ir ,here is no O�.�ner Oe�ault. �ne �ure!v � ooli;a���,n adcin�n�l wri�,?n nonce fror-, ,nc O�•:ner ,� �r�� :u;,,.,
UnC2' IhiS BO�C i�111 �fi72 �II2f: G2mdnC�in� fn,ii 1^c `urefv ��rtOr^, ,1: �^ii���fiun, ,;r r.�r
�.
IhiS 30nC. �rd Ih? ��v�ef �f1��� �)� ?�hllZ:.� i0 ef11UrCC 1n�.
3.i Tf1e ����2� hd5 �Ohfied In2 CUnf��CfU� �� � 'e remedv ��'�il.]hi2 !0 �rC O��nzr. li ihe �u�?;�' �rOCC�C�� ��
Su�etv dI iI5 dCC'25i d�scribed in Pd�d,'�Fh 1� ;7�iO�� �.�vided fn �ubpara,rdph �.�. ��C ;he O�•��e' retli�l'> ;�r
,hs( �he U��ner i5 considerin� declann� 1 COntr��'Ur a�„menl fenGere� 0� Ihe 5uref� hdS Cie�'��rCl ii,]bilil�. �r,
l7PfdU�( and hd� �2'�U2��ed �nd attemoted �0 1fr�n��? � ��.',����or in p�lrf, ���il^c�Uf IU�fhe"'.OIiC� '.�C��v�t'��h,lil ^r
conrerence �.�-��h ,hZ �OnIr2CtOr 3nd ine Sur?lv Io �e ?nliiled Iq enrUrCZ sn� remed�� avaii�Dle fe� !he C.)���ri•r.
held not later th�r iirteen d�vs ��ter r�ce�p� o< <ur;^
notiCe to discuss metnods oi aertOrmin� ine COnSiruC• 6 ntier Ihe O�vner na� ferm�ndf?d fhc CU�If�Ctur , r�,hr
�ion Con:rc�. �i ri,e O�vner, rhe Con�raccor anr' �^�P �o comple�e �he Cons�ruc�ion Cune;�c;, �nc' �r ;he �u-t���
Surecy a�ree. ���e Cun�raccor shail be allo��ed a re���r- e!ec,s �o ac� undP; SuOP������Jn -t.1, ;.'_, or ;.; �bc���.
aole time to perrorm the Cons�ruction Concr�c�, ou� then the resoonsibilit�es or the Suretv to ;he Uwner ,n�ll
such an agreement shall not waive the O��ner's ri�ht, ir no� be gre�ter than those or rhe Con;ractor under the
any, subsequenclv to declare a Contractor Der�ulr; and Con,truction Con�raC', and ;he r25pon;ioilifie� u� rhe
O��ner to the Sure��� shall no; be �reacer than �hose oi �he
3.2 Tne Owner has declared a Concracior Deraul� and ��vner under the Construction Cun�rac�.To the Iimii r�r Ihe
rOrmally terminzted !he Contractor"s right to Compie�2 dmount oi this 6ond, but subjeCt �o Commitmenl bv thc
the ContraC[. SuCh ContraCior Deiault shali not be de- ��`-ner or the BalanCe Cr the ConlraCt PriCe �o miti�atipn c�i
ciared earlier chan ���enty days aiter rhe Contracror and costs and dama�es on the Construction Con�ract, the 5ure-
the Sure�v ha�e recei�ed notice as pro��ded �n Suo- �v is oblig�ted without duplication ror
oaragraph 3.1; and
6.1 The responsibilities oi the Contractor ror correc-
3.3 The Ow•ner nas zgreed ro pay �he Balance or the tion of dereCtive�vork and comple�ion ni the Con,tru�-
Contract Price ro the Surety in accordance wich ehe rion Contracc;
terms of the Construction Conerace or to a contracror
selected to perrorm the Construccion Contract in accor- 6.2 �,dditional le�al, desion profess�onal and delav
dance with �he terms of the contract wich the Owner. costs resultin� rrom rhe Contractor's Derault, and re-
sulting from �he actions or railure to ac� or the Surz��
4 When the Owner has satisfied the condition; oi Para- under Paragraph �; and
graph 3, the Suretv shall promptly and at the Suretv'; ex-
pense �ake one o� the rollowing actions: 6.3 Liquidated dzmages, or �i no liquidated damaaes
are specitied in the Construction Contract, actual dam-
4.1 Arran�e for the Contractor, with consent oi the a�es caused bv delayed perrormance or non-perior-
Owner, ,o periorm and complece the Construct�on mance or the COntraCiO�.
ContraCt; or
i The Suretv shali not be liable co the O���er or o�hers ior
4.2 Underrak:to perorm and comple�e the ConstruC• ooli�ztions ot the Cont�actor that are unrelated to the Con-
tion Contract itself, through its a�ents or throu�h inde- S,ruCtion Contract, and the Balance oi �he Contract Price
pendent contractors; or ;�all not be reoucec or se� or� on account o� anv suc7
unrelated oblioations. ��o ri�nt or ac�ion shall aCcrue on
4.3 Obta�n b�ds or negotiated oroposals irom o �
qualiiied contractors acceptable to the Owner ror a �`��s Bond to anv percor. or enti�v other tnan �he 0��,�e�or
contract ior perrormznce and completior o� the Con- �ts heirs, exeCutors, administralors or suc:essors.
s,ruction Cor,rract, arrange for a contract ro be pre- g ;he Surery nerebv waives notice or an�cnan�e, �ncluc-
pared for exeCution by the Owner and the Coneractor ;;,� Changes or time, �o the Construction ConeraCt or io
selected with the Owner's concurrence, to be securPd ;elaceC subcontracts, pur�hase o�ders anG o�her ��biio.l•
wi:!� per?orma.��ce znd payment bonds ex2cute� o� s
��on;.
qualiiied surecv equi�alert to the bonds issued on the �
Construction Contrac,, and pay ro the Owner the 9 ,�ny proceedinb, le�al or e�ui,able, under this Bond �-
amount o� dama�es zs described in Para�raph 6 in eY• mav be institut:d in anv court or competent jurisdiccion in
cess or the Balance o�the Contracc Price incurred b�;ne the location in�vhiCh the��ork or par�or the��ork is locz�ed
Owner resulting �rom the Contracior"s detault; or and shall be institu�ed within t���o vears a�ter Contractor
4.4 Waive its right to perform and complete, arran�e Derauit or within �.vo vears arter the Coneractor cea.zd
ror completion, or obtain a new contractor and witn ��orkin�or within two vears a�ter the Surery reruses or rails
reasonable promptness under the circumstances: to perform its obligations under ,h�s Bond, whichever oc-
curs first. Ir the pre�isions or �his Para�rapF are void or
.1 A�ter invest!�ation, determine �he amo�nt ror pronibited bv law, the minimum period or limitation avail-
AIA DOCUMENT �11^ . pcRFOF,��,�N�: BO��C ,�.nD P,;v�iE`" 30�p . D,C:��oE� ��&� ED. • �i� � .,
_... ...�...�..� ,..�-,-„-. .. .�,-���rr—: �... �F�v vn:e .��= � �., .,-��-�i�;'.T'1N f� r 'OOOh �J7Z-�9S-} �
able te sureties as a derense in the junsdiction or the su�c tractor oi any amouncs recei�e�' or ro be recei�ed '�v
shall '�e applicaoie. the Owner m sectlement oi �nsurance or other claims
ror damages to which che Contrac;or �s encitled, re-
10 ��'otice to che Surery. ;he Ow�er or�he Contractor;'r,all �+uced by all vali� an� prooer aaymen,s made tc or on
be mailed or deli�ered co che a�dress snown on che siQ- benair or the Contraaor under,he Constructior Cor-
na�ure oaQe. tract.
11 ���'nen chis 3onC has �een rurnished to ComDiv with a 12.2 ConStructiCn ConiraC::�he a�reemen,berNeen
;ratu�er� or ocher le�al re�uirement in the !oca�ion wnere the Owner and the Con;raccor �der�i�ied o� !he s�Q-
ihZ�'v�.�i�UCi10�`--'d5 �o �e�erormed, anv prov�sion in !h�$ ❑3(U��' �dge, i���U�i�O a�� �-��(�dC'. �OCUi?t�r!(5 df'd
4C1nd COn�;�Cil;t� 'n�ith Shcd Sid;U�Urv '�f le�d� f2Cj::�f��ient �h'"dn�?5 i�tCte!C.
snaii ';,e dee��,ed dele[er nererrom and prov�s�ons cor-
rormin� 10 such s�atutor� ��� o�`�er Iz�al requ�rement shall
12.3 Contracter Derault: F�ilure or ;he ContraC�o�.
be deemed �ncorp�ra�ed nerein. The intenc �s ;ha� th�s wnich has �eitner been reme�'ie� ncr wa�ved, �o ;.er-
Bonc shali be conserued �s a s�acueory bond and not �s a rorm or oche��ise co comply wieh �he terms or ,he
common law bcnd. Constructfon Contracc.
12 DEFINITIO�tiS 12.� Owner Deiaul,: �silure o�the O�vner,which has
neirher been remedied ner ��a��ed, to pay che Con-
12.1 Balan�e oi the Confr�c? PriCe: The tolal 3mounl ;ractor Ss required bv the Cons:ruc'.io� Contract or �o
a„vab�e b� ;he O���ner to the Contractor under tne Periorm and complete or comDlv with the other terms
Construcr�on Coneract aiter all proper adiustmen�s thereoi.
have been made, includin� a�le�vance to the Con-
MODIF1CATlONS 70 THIS BOND ARE AS FOLLOWS:
(Space is pro�ided beloW ror addicionat , gnatures oi added parues, other than those aopearing on ehe co�er p3�E.�
CO�TR,4CTOR AS PRI��CIPAL SUREiY
Com an (Corporate Seal) Companv: (Corporate Seal)
P Y
Si�nature:
Signature:
,tiamz and Title: �ame and Title:
�ddress: .�ddress:
,�i,� DOCurnE�T �7�'� . oc.eFO���,;.vC; BO��O �,�0 P;v��iE`� SO.�O • D'cC:��.S:R i92-= :D. • �i� = A312-19Fr: �
� --- ___ . _.. .,,,,,, ., . , ,, _... .� -n., �rv!n�.
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond f: S21 0149
AIA Document A3I2
Payment Bond
My singular reference to Contractor, Surety, Owner or ott�er party shall be considered pluraJ where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Piace of Business):
Gregory Construction, Inc_ Employers Mutual Casualty Company
P.O. Boz 712
P. 0. Boz 473 Des Moines, Iowa 50303-0712 (515) 280-2511
Jackson, Missouri 63755
OWNER (Name and Address):
City of Cape Girardeau
City Ha11
401 Independence
Cape Girardeau, MO 63702-0617
CONSTRUCTION CONTRACT
Date: ��,c_Q,f /�, 1���
Af1lOUllt:�enty Eight Thousand Seven Hundred Fi£ty One And 00/100 Dollars( $28,751.00)
Description (Name 8(iCI LOCatiOfl�:Wastewater Treatment Plant Modifications - 1996, Cape Girardeau� MO
BOND
Date (Not eariier than Construction Contract Date): ��Q� /[.�-� /g9�
ARIOUfIt:�+'enty Eight Thousand Seven Hundred Fifty One And 00/100 Dollars( $28,751.00)
Modifications to this Bond: � None ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corpara#e Sealj
Gregory Construction, Inc. Employers Hutual Casualty Comp�
Sigrature: � . Signatur .
Name and Title Name and itle anet L. Rehkop 1
Attorney-In-Fact
(Any additional signatures appear on page 6)
(FOR /NFORMATION ONLY - Name, Address and Te/ephone)
AGENT or BROKER: OWNERS'S REPRESENTATIVE (Architect, Engineer or
other party):
Lockton Companies
P.O. Box 419351
Kansas City, MO 64141
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
1 The Contractor and the Surecy, joincly and severaily. 6 When che Ciaimant has sa;isried �he conditfons or
bind themselves, :heir helrs, execurors, �dministrators, Pa;agrapn ?, �he Surety shall prompcfy and ac the
successors and assigns co the Owner to pay fior laoor. SureNs expense take the �oliowirg ac:ions:
macerials and equipmer; �urnished �or use in �he peror-
mance or the Cons�ruc�ion Contrac., wnich is fncoroo- 6.> >end an answer to �he Gaimant, with a copy to
rated herein by rer2renc2. �he Owner, within 4� days atter receipt oi the claim,
stating the amoun�s �nat are uncisputed and [he basis
2 With respect co �he Owner, this ooligation snali be �or challengir� ary amouns �ha; are cisputed.
null and �oid ir che Contractor 6.2 Pay or arrange `er payment or any undispuced
2.; .- , -:�rly r-,,ak2s paymenc, direttly ur indirec:iy, ar',ounts.
ior all sums due Ciaimants. an�' ,
7 The Sure:y s tota� ooligat�on snail not exceec: cne
2.2 DeTends, indemni�ies and holds harmless �he amount of chis Bond, and che amount ot cnis Bond shall be
Owner "rrom claims, demands, liens or suits by any cretiited for any payments made in gcod �aith oy �he Sure.ry.
person or entity wnose claim, demand, lien or suit is
ror �he payment`or labor, materials or equipment�ur- 8 Amounts owed by .he Owner to tne Contractor under
nished for use in the per�ormance o� the Construc�fon [he Constr�ction Con,rac� shall oe us2� for the peror-
Contract, provided che Owner has promptly notiried mance of the Construction Contrac: ard to satis�y claims,
the Contractor and the Surery (ac the address if any, under any Cor,structior Pe^o,-�ance Bond. By
described in Parzgraph l2) or any claims, demands, [he Contractor �urnishing and che Owner accepting this
liens or suits and tendered derense of such claims, Bond, they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance o� [he Construction Contract are
Surery, and provided there is no Owner Derault. dedicated to satis"ry ooligations or �ne Contractor and
the Surety under this Bond, subject co the Owner's prior-
3 With respect to Claimants, this obligation shall be iry to use the runds �or the completion of the work.
null and void ir the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due. 9 The Surety sha(I not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants or others for ooligations or the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
under this Bond until: liable for payment of any cosu or expenses of any Claim-
4.� Claimants who are employed by or have a direct ant under this Bond, and shall have under[his Bond no obli-
contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or
Surety (at the address described �n Paragraph �Z) and otherwise have obligations to Claimanu under this Bond.
sent a copy, or notice thereot, to the Owner, stating
that a claim is being made under this Bond and, with �0 The Surety hereby waives notice ot any change,
substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contrac[ or to related subcontracu, purchase orders and ocher
with the Contractor: obligations.
.� Have furnished written notice to the Con- �� No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this Bond other than �n a court of competenc juris-
the Owner: within 90 days arter having last diction in the location in which the work or part of the
perrormed labor or last fumisned materials or Work is locateu or atter�he expiration of one year from the
equipment included in the claim stating, wit� date(l)on which tne Claimant gzve cne notice required by
substantial accuracy, che amouni o� ;he claim Subparagraph 4.� or Clause 4.2.3, or (2) on which che last
and the name of tne party to whom �he labor or serv�ce was perormed 'oy anyone or the last mate-
materials were �umished or supplied or for rials or equipment were�urnished by anyone under the Con-
whom tne labor was done or perormed; and struction Contract, whichever of(�)or(2)rirst occurs. if the
provisions of �his Para;raoh are void or pronioited by law,
.2 Have eitner received a reiection in whole or the minimum period o� limitation availaole to sureties as a
in part �rom �he Contractor, or not received de�ense in [he jurisdiction of the suit shall be applicable.
within 30 days or furnishing the above no-
tiCe any Communication trom the Contractor ��NotiCe to the Surety, the Owner or the Contractor
by wnich che Contrac;or has indicated che shall be mailed or delivered to che address shown on che
claim will be paid direc[ly or indirec�ly; and Signature page. Actual receipc o� nocice by Surety, �_`�e
.3 Not having been paid within tne above 30 Owner or che Con�ractor, however accomplished, shzli
days, have sent a written notice to the Surery be su�ricient compiiance as of the date received at che _
(at che address described in Para�raph 12;and address shown on the signa,ure pa;e.
sent a copy, or nocice �hereo�, to the Owner,
stating tha[ a claim is being made under [his 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy or the previous statutory or other legal requirement in the location where
written notice fumished [o the Contractor. the construction was co be perormed, any provision in chis
Bond con�licting with said staturory or legai requirement
5 If a notice required by Paragraph -: is given by the shall be deemed deleted hereirom and provisions con-
Owner to the Contractor or to the Surety, chac is su��i- �orming to such statutory or other legal requiremenc shall
cient compliance. be oeemed incorporated herein. 7he intent �s that this
.�I� DO�UMENT Al�, . ',RFOR�taNC: 00'�v �hC°rY,��E,�; 90�'D • D:::�13ER t98;;G • �IT�
_ _ _�_,.. ,.,- .,.,.,., A�12-7 9R-: ;
BonC shall be con5tr�eC zs a s,atutory bond and not as a Construction Cortract, archi�ectural and engineerin�
common law bOnC. Ser�iCeS recuire� ror perrormance or ;he �vork or ,ne
Cort�ac,or and tne Conractor'; ;ubcontractors, an�
14 l,'pon reGueSt'ov anv�er50n or entity appearin�to�e z �II other items ror wniCh a meCnaniC'; lien mav be
potential beneiiciary or ;nis Bond, che Cortractor ;nzll ar2rted �r che junsdiction �.vnere the labor, mater�als
promocly �urnish a copv or ,his Bond or snali permic a coev or equ�pment were �urn�sned.
to be made.
15.2 Construc;ion Contrac;:Tne agreement oeR�een
15 DE"r1NITlONS ;he Owner and the Concrac,or iden;iried on the sio-
i,i.l C':�i�ant: ,�n individual C�enti;�: havir,p� z �ir2c; �ature pa��: inC!uding all ContraC, �ocument5 anc'
cCntraCt with i�?LOflifdCiOf 0�'�`/1I�1 u iUOCOn��o;:0�0! C^dfl$?S Ihef�Ip.
the Contraccor �o rurnish labor, mater�ais or equip- �;.3 Owner�erault: Fa�lure or�he Gwner,wnich n�s
ment �or use in the periormance of the Con�ract. Tne neither been remedied nor waived, �o pav �he Con-
inrent ot this Bond ;nall be ro �nclude wi;hout limita- crac�or as required bv �he Cons;ruction Concract or �o
tion in the terms "�abor, materials or equipment" tha� Deriorm and compiete or comply with ihe other terms
par; o� wat=r, Qas, poWer, li�ht, heu�, oii, oasoline, �hereor.
telephone serv�ce or ren�al equipment used �n the
MODIFICATIONS TO THIS BOND ARE AS FOL10W5:
(Soace is provided below ror additional s�gnarures of adced par;ie5, ocnzr than those appearin� cn ;he co�er paee.)
CONTR�CfOR ?,S PRI��CIP�,L SURETY
Company: (Corporate Seal) Companv: iCorporate Seal)
Si�nature: Si�nature:
Name and Title: �ame and Title:
AddreSs: �cclress:
AIA DOCUME.YT A31^_ . ?;.��'.'�n.�1AN`� 6��VD Afr'^. o%,Y�I[f�T 5.^�� . ^�:�[�I�;n lof� ;� =,i.� ,
A^y7 1nc1 �
� � • • • - � - • � •
EMC Insurance Companies
No. 223430
� �� � � �� P.O.Box 712•Des Moines,���owa 50303 �
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company,an lowa Corporation 4. Illinois Emcasco Insurance Company,an Illinois Corporation
<2. Emcascu lnsurance Company,an lowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation
3. Union Insurance Company of Providence,a Rhode Island Company 6. American Liberty Insurance Company,an Alabama Corporation
hereinafter referred to severalfy as''Company"and collectively as"Companies".each does,by these presents.make.constitute and appolnt:
JClHN T_I+OC�CPON, III, JAMES C. PATEIDL, MI(�-IAEL C. FR06'P, DAVID M. IOCKZON, r7Q,ISSA D. EVANS,
JAN�P L. 1�IICOP, DOLTGLAS P. IRVIId. PATRIQC T. PRIBYf�, ICr.r:VIl�I D. KALIS�I-I. TRODI A. SiDRFSUi�ID.—
MI('FiAEL D. Tn�IIPPS, BEIH E. WHITE, Il�IDNIDt3ALLY, PRAIRIE VII.L.�£. KAIVS�S--------------------
its true antl lawful attorney-in-fact,with full power antl authority conferred to sign,seal,antl execute its lawful bonds.undertakings, and other obligatory instruments of a
similar nature as follows�
Il�i AI3 AMOCDI�T NC7r �C�IIVG OI� MILLION DOLLARS-------------------------------($1.000,000.00�
and to bina�ac~Com�a^y t'rereby as fuliy and to the same extent as if such instruments were s;gned by the duly authorized offic2rs of e2ch�such Company, and aN of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shail expire _ _____._,__. April 1, 1996 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
7his Power-of-AttGrney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of ihe`Companies at the><
:second regularfy scheduled meeting o#,each company duly called and held in 1990.
RESOLVED:The ChaFrman of the Board of Directors,the President,any Vice Prssident,the Treasurer and the Secretary of Employers Mutua!Casualty Company shall
have power and'authority to(1)appoint attorneys-in-fact and authorize them to execute on behal#of each Company and attach the seal of the Company thereto,bonds
and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (2)to remove any such attorney-in-fact at any time and
revoke the power and authority given to him.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them,
to execute and deliver on behalf of the Company and attach the seal of the Company thereto,bonds and undertakings, recognizances,contracts of indemnity and other
writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall by fully and in all respects binding upon the Company.
Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects
binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter,"wherever appearing upon a.
certified copy ofi any power-of-attorney of the Company,shall be valid and binding upon the Gompa�y with the same force and affect as thaugh manuaily affixed':
iN WITNESS WHEREOF,The Companies have caused these presents to be signed cli by their officers as shown,and the Corporate'seals tn be hereto affixed this'
_� h day of October __, 19 94. Iy��` '
� �
"o lLjl
Seals Robb B.Keliey,Ch irman Philip T.Va Ekeren,Secretary
of Companies 1,2.3&5 of Companies 1,2.3,5;
Ass�Secretary of Company 4
�.4��WSbq4 :Q,P��EiCQ�F�'•; ���,P�;,�NS�99 . � ��
��5�4.�APOHAl2C>F ��.;J�`bPPOR�r o �0:�`O0.PORyl �'�j:� � � QP.. �'�R-Inn.
� � � _z,� - Bruce G.Kelley,C airman Donald,L.Co�ghen wer.'
_o: �Eq� � ',o;=1863 �' :�; 1953 �; of Companies 4&6 Assistan#Secretary o Company 6
.2, ,,`` a :�o R{ ;�`'_; ;�6''�ti �',: On this�th day of AD 19 ge�before me a Nofary Public in'
'•••� ��n,o',5'. ,•, ,%;,; and for Pol�County, lowa, persona ly appeared Robb B. Kelley, Philip T.Van Ekeren, Bruce
"' " G. Kelley, and Donald L. Coughennower,who being by me duly sworn,did say that they are,
''yue�n.ti;'' '''�SURq"� �"�1uAt'' and are known to me to be the Chairman and Assistant Secretary,respectively,of each of The
:� `N,.���nr,F � �```�\an�n�CF'�': c`s�;�ini,,,c �''•
;�°:�aP�F • �'o'•: :.:�Q,��rpoAF •, �; ;��Q;� POR •qs�`= Companies above;that the seals affixetl to this instrument are the seals of said corporations;
, "`"" a'-" • ° ' ' o' °P 9�-=9 ' that said instrument was si ned and sealed on behalf of each of The Com anies b authorit
- Q:� � � =Q_ F= �_ _�;� .� _ 9 P Y Y
:�; SEAL 2: :Y: SEAL ;n; :�= SEAL �; of their respective Boards of Directors;and that the said Robb B. Kelley, Philip T.Van Ekeren,
�' :o ,:_;� -a°- °,� Bruce G.Kelley, and Donald L. Coughennower acknow3edge the execution of said�nstrument
• " ""`�" "'��p'. �'-Fs��''' �'P=� fo be tlie voluntar act and deed of each of The Com anies.
�owa��� A �oako •• MoirvEs��,. `J P
������•�^'� � My Commi�sion Expires August 28. 1995. s
,,.*,•� � MERYL KAUZIARICN
' � ���N �� Notary Public
•�• 8-28-95
,,,,.
CERTIFICATE
I,David L.Hixenbaugh of the Employers Mutuai Casuafty Company.do hereby certify that ihe foregoing resolution of ihe Boards of Directors by each of The
:Gompanies �� ^.er� ti rr,�y ssuetl purs,�ant theretc on ___ __ __ ___ Oc-toi�_5,__1�4� __
_ __ __ - — -
on behal#of John T. Lockton, III, Ja[ies C. Pateidl, Nli.chael C. FYost, Davi3 NI. Loc'.,ktor�, N'�elissa
are true and re� � :� F� }� ^Y'ce and effect D. E.�s J�et L. Rehkop, Doug7.as P. Izvin, FatriCk T. Pribyl,
� fn Testi� y �•'J � `������ � >���bed my�name and affixed the�acsimile seal of each Company this day of_ 19
- -- —-
Kevin D. Kallsh. Tn�di A.��tor� D9i�ael .II-c Whipps. Beth E.
T�hite � � /`�—� t__ � Vice-Presitlent
—�1`�`�—� � �L_ _ _ --
� � —
• . . • • • • • • : � .:•