HomeMy Public PortalAboutORD13627 BILL NO. 2003-106
SPONSORED BY COUNCILMAN - Groner
ORDINANCE NO. L' -1
)
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ST. PAUL FIRE AND
MARINE INSURANCE COMPANY FOR THE WALNUT STREET PUMP STATION
PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Se ion 1. The Mayor and City Clerk are hereby authorized and directed to execute
an agreement with the St. Paul Fire and Marine Insurance Company for the Walnut Street
Pump Station Project.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: (L � ''` L .�'��t' `' Approved:_'
J
Y Presiding Officer Mayor
f
j ATTEST: APPROVED AS FORM:
City Clerk __ City Counselor
e ,
,/
TAKEOVER AGREEIMENT
This "Takeover Agreement (the "Al;rect►ient") is rllade and entered into as of the l.ffectivc
Date noted below by and between St. 1',111) mire and Marine htsur•aticc Corlipany (tile "Surety"),
Huffman, hic. (hereinafter revel-red to as the "Forrlter Contractor") and the City of.Icfferson, Colt
County, Missouri (the "Owner"). The Surety, Former Contractor and Owner shall he collectively
referred to herein as "tile Parties"
WNCiRI?AS, 1luflhlan, Inc. (tile "Former Contractor") and tilt Owner catered into a
contract (tile "Original Contract" an abridi-;Cd version of which (inc:lu(lill" pages 00500-11,11rough
00500-10) are attached hcrcto as 1?xhihit 1 ) fu►• the Former Contractor to furnish all labor and
material all(] perfor►11 all work I'm- in►prove:mcnts to the Walnut Stl*CCt Punlp Stallotl, Project No.
0295401-03 (tile "Proicct") in accordmicc with the tern i and provisions of the Original Contract,
including; all contract d0CLII1lCllts lilrn►ing a part ol'the Orii jilal Contract;
WI A REAS, as required bylaw and ►Tiller the tcrnls of the Original Contract, f ornlcr
Contractor and the Surety hale, execute(( 1n(i delivered to the Owner a Performance Bond,
Bond No. 400SM3940, and a Payment Bond, Bond No. 400SM3940 (colicclively, the "Bonds"
attached hereto collective as I?xhihil 2), both in the pcml suns of'f`ive Million Flight IImldred forty
Six Thousand Dollars (55,346,000.00)
WIIERF,AS, the I,ortllcl• C'ontractor,, by tllis 'I'akeover Agrccnlcnt. vol►lnt,u•ily terrl►inates its
lie rfi-)rnullice ol• the Original Contract. The Owner accepts the 1 orn►er C ontractol"S voluntary
termination, and hereby calls upon the Surety to FUH-111 its oblii,alions as surety un(ler the tennis of
the Bonds; Mid
Wl Il-1tl AS, the Surety is willMI!, to undertake the completion of* the Original Contract in
accordance with the terms of the Performance Bond and this Ag,recrnelit provided that in doing so it
will receive the entire CIonlract Balance helcinaf•tcr d(:lilled as set lu►•th below.
NOW, TI Il:R1 fORk, in consider,►ti(u► of' the ag_1,recul(:nts 111d undertakings hercinaller set
forth, and for other good and valuable cou,idcralloll, tiro receipt 111d a(Ic(fuaey tlrcrcfOl' bcing hereby
acknowledged, the Owner and the Surety akrc'c as 61110 \s:
A( IRi;I"I 11:NTS:
1. TIIC Surety hereby undertakes to cause the perliOrmance ol•cacll and every one ol'the
tcrnls, covenants and conditions of dic Original Contract, including; all niodifications thereto, and
agrees to be bound by the Original Contract. The Owner acknowledges that the Suicty, by its
excctttion of this Agreement, is acting in its capacity as the surety 1i61• the Former Contractor 111
making; arrangements for the perfornialicc and Completion Of the OI•tgillal Contr•acl, and not as a
completing; contractor, and that the Surely is not assuaging; any obligations or liabilities beyond
those set forth in the Bonds. As to the completion of the Original Contract, except as otherwise
provided in this Ag;reernent, the Surety is crgtitlCd to all rights, title ,ux] illtcresl of• the former
Contractor in and to the Original Contract ill all respects as I'F the SLII—ty were the original party to
't•akcovcr Agreement-leffcr.; n City/(Iuffinan,Inc.(0/15/2001) 1
low
the Original Contract. The terrll "Contractor" as t►sctl it, the original contract shall be (leemcd, alter
the ef'feetive(lilt(, of this Agrcelllcnt, to N111 to tilt Surety rather than to the hornier Contractor.
2. The Owncl• acknowledges thclt (Ile Surety will subrotltrac( the I)crfi)rmrince of the
work under the Original Contract to a completion contractor (the "Completion Contractor") The
Surety has representcd that its currently :elected Complctiou C'c,n►r►ctor is i pill-i luflillan, 1.i.C, and
tilt: Owner has no objection to sold Completion Contractor. In the event Surcly elects to (hang( its
colllpletiotl c olitractor, i t w ill p rovidc w ritten notice t u t lie O wn.er. T he Surety ill ay satisfy t he
rcgtlircd insurancc obligatiOtIS under the Original C'ontrt►ct by providing evidence of tilt required
insurance coverage Carried by the Completion Contractor, with the Surety anti Owner being Ilallle(l
as an additional insureds un(Icr the policy or policies.
3. The Owtler represent:; that as of,the (late of this Agreement:
(,I) The at►thori/eel '11110tult 01't1Ie 01-iL�inal ('ontraet, is the suns 01' S5,846,000,00;
(b) Tile 1111101.1111 of ll app)rove( and al;rced upon change orders e(luals the sutra (.)I'
(551,3.53.45), which results ill a net RIA)'k ICTION in the suns of' lhc Original Contract
to tile revise(I stmt of 55,79 4,6 40.55.
(c) The Dormer Contractor (lrld/or tllc ` UI-Cly 11,1ve heell paid the sutll oC S4,4O8,877.8 4.
(d) The Owner is holding the soul of S300,666.31.1 as rctai im4c pursuant to the terms ol'the
C)t'll;lnal Contract;
(e) The "Contract 13alancc" shall he hercinafler defined as the sum ul' S1,295,768.71
(.subsectiorl-S h (r(:vised suns) minus subsection (c)J.
The Contract Balance shall he increased or deereaSed, aS aII1)rul)riate, as a result of,
certain perldint; chan"e orders to the Original Contract stlbnlitted by the Former
Contractor and/or the Owner, and as a result of any chan;_,e Orders tie. extra work (work
that is di11crent Cron►, in excess oF, or beyond the scope of Ow work required by the
Ori►;ina) ('ontract) re(puested or required by the O\%n(:r after the date of the execution of
This Agreement; and
(1) AS of the date of thy, execution ul'thi:, the Owner represents and warrants
that, according to the records aviliiahie to it, the (_'onUact Balance as defined herein ;s
aceuratc. 'FlIC Surety rescrveS tilt' riVthl to veriN the accuracy ol'the Contract 13a11LInce.
The Surety's sole remedy against the O,vner 101- breach of this rc1)rcscnt(l1ion a11d
w.u•ranty is re.l,)rn lilt ioil of the C'onlracl Billance to (lie proper aullotlrlt.
t4, The Owner iwrcu s that file Contract Ballulce is (ledicated and will he applied to
pile Completion Of the Original Contract pulstuult to this Agivenlellt. The Owner shall pay
directly to (if(- Surety the Contract Balance, plus of minus any additional ;Illlotln1S. 01' money on
account 01' tiny modifications rcq(tCStccl 111d autllorii.ed by the Owner, as the work progresses.
'file payment elf tllc Contract 13alance to the SuretY ~hall he n►a(IC in aecordarlCC with the ler'111S of
the origimal Contract as to the drape, arllotlllt and Illethod (11 paY111CIII, all(1 Ilk) paylllent -Shall be
Takeuvcr Agreement-JeIfersun Cily/l Ill rlhwn,Inc_(T15"-)OW)
delayed by reason of,gtly slow down or cessation ol'work ill connection with the takeover of the
Original Contract by the Surety and the Owner agrees to pay interest at the statutory rate (or the
PI'illle hate plus 3';4, which ever is less) 101' any suns not, paid to tilt Surety ill accc.lrclancc with the
terms of the Original Contract. 'I'hc Surety agrees to spend its own funds as may lie necessary
Irom time to tirllc to pay lOr the perfill'nlance of the Origillal Contract by the: Completion
Contractor in the event that the Contract Balance is insul•ficient, with any such payments being
credited against the penal sunl of the PCITOrnIalice Bond. The Owner agrees that it shall not
assess atl}' liquidated danut�I,cs Ili ain:;t pt•ogreas payments clue to tllC Surety (tn(ler this
Agreement. The assessment of any liquidated damages, if applicable, shall be made against the
retainagcs only.
S. The Surety Shall complete the work required under the Original Contract not later
than the 15th day of November 2003 (tile "Completioll f)atc"). The ISSCSSrllcnt of any liquidated
(larllages under the Original Contract and this /\VI.cclllcnt may begin on the day after the
Completion llate; and the calculation and ISSCSSI]ICIII of a►1y such liquidated d,anages shall include
the recognition of ally exc•.usahle delays by the Surety in lilt per1i61-111ulce of the Original Contract
and this Aurecrncnt.
(i. Insot:u• as the Owner has :tlly right, title or interest tllcrcill, the Owner agrees that the
Surety and its Completion C'onll'actor Shull Iluve the rW,111 to use, without charge, ally of the
c(Irril)nlcnt, materials and appurtenances fl u'nished or supplied by the Former Contractor which may
be stored on or about the premises ol'thc Project site or Inutc6,11S which relay hnvc bCen filhricated
liar Ilse in connection with the Original Contract, whelller• ol• [lot I)I'I:SeIIIIy upoll the Project site.
7. The Surety shall he rc:preaented at the Project by the Completion Contractor. Prior to
the issuance of'the Notice to Procced, the Surety shall specilically authorize in writing an individual
with the Completion Contractor to he its representative (the ,AutllOITZCd Individual") solely I01 111C
purposes set forth in this paragraph, •fhc Authorized lndIVIdual 'will represent the SUNty in cicalirlg
with the Owner on tiny to day construction issues with respect to Ill', Project. TlIC Surely hereby
designates the Authorized hldividual to prepare and process pay requisitions on the Original
Contract. I l0WCVel•, the Surety will s11:',ll ;Ill pay requisitions submitted to the Owner. Payments ffolll
the Owner shall be made payable to the Surety anti tRIIISlllittell to the Surety at the f011o\1'ing
address, u►lless and until the (honer P; notified ill writing of.Mly diffcl'Cllt aclilressc s:
C/O St. PaIlI Surety - Clainl
Attention- Matthew I .. Silverstein, S:,nior Smely Attorney
5801 Smith Avenue (%K'41 )
I3alIInlorc, N/1 1) 21209
The Author iii 111chV1dllc1l shall have, on behal I,of the Surety, the <<uthonly to negotiate and sign
change orders file extra work (wort: that is dil'Icrent fironl, in execs of`, or heyond the scope of
the work required by the Orii4inld Con(ract) requested or rc(luiNd by the Owner (hercina(ter
"Change Order") without the Surety's prior written approved, provided the Chatnt7c Order does
not exceed $10,000.00 and the Colllplclioll Contraclor is given additional time to perform the
Change Order. If the Chani,e Order flocs cxcced $10,000,00, or Ilk.) additional time is given to tile.
Completion Contractor to perfclrnl the C'htulgc ORICl•, Ihell tlw Surety's prior written approval is
r'akrovcr Agreement Jcl'fcrson City/l luflh�u►,Inc.(!1 1>I'UO)) 3
required to na',olialC tile, ( 'hanl;e OIdcr ,111d the I'mal (•I alw,e Order must he sigllccl by the Surety
and not the Authorized Individual. Il'the total OI'all of the applovCd Change Ord"t's exceeds tile; sum
of$50,000.(IO, then the ;lurch, uol the Authorized Individual, must approve in writiuv; all additional
or subsequent Chailgu- Orders regardless Of the anlotlnt ol,cach sLich (TIM));C Order, The Authorized
Individual has no authority to negotiate dccluclive Change Orders, credit:;, backchargcs or nct
deductions from the Ori�dnal Contract or the Contract Balance ol'any nature \VlMtsocver without the.
Surety's prior written approval. Any ,Il"recrncnts with respccl to Ilw v,,arranty wort: of the Former
Contractor of* e Orrcclivc work a is a r csult o I'1 afent of elect i if t he work Il crf01-mcd by t he F ormcr
Contractor shall require the written approval of'the Surety, Notwithstandiill" any terns or provision
to the Contrary wllhill this Agreement, the ()ril;lllal C(1niniet, or' any outer doculllc'tlt, the parties to
this Abrecnietrt stipulate that the Surety is not assmilim" any oblil,;Itiuns outside those expressly set
forth in the Bonds, nor is the Surcty waiving :Illy term or provision ol'the Bonds, arlcl that all periods
Of limitation for the lilinv, ol•;uly Clain against life Surety by the O.yner shall he strictly controlled
by the torn and conditions ol•thc respective Bond.
5. The total liability ol' the Surely under this AlflVCftlenl 111(I tilt! PerloH11,111CC 13011d
('of. the perlorm;ulcc of' the work, alter the expenditure ol` the Contract B;dance, is limited to and
shall not exceed the Renal :;trill of' the PerlirrnuulCe Bond in the amount elf �5,846,000. All
payments properly made by the Surety for the I-CrIot111,11wC ill' the Original Contract shall be
Credited against the: penal sum OI* the PCIT01-nrulcC Bond, Nothing in this Al�reerrlcnl Constilt►tes a
waiver Ol-such I,cnai sure Or an increase in file liability ol*llle Surety ruldcr Isle I'cr(ornuulcc Bond.
9, In no event shall the Owner withhold ally ol:the Contract B;rlalicc front the Surety
because of or Oil ;ICCODUI of any claims, liens, stilts or delimilds by any pers�:rns or entities
Curn►shing or alleging to have lurnlshed labor and/or nlaterl�lls to the PrulCet, The I'aynlcnt BOncf
shall rernairl ill full lire( and cfl.:cl in accord;ulce with its terms ;111(1 provisions, The total
liability Of the Surely url(ICI' the Payment Bond Is linlilcd to and sha11 nut exceed the I)e;11a1 sum ol'
the Payment Band in the arllount ol- S5,840,000. All I',lynit:nt Bond paynrcnts properly made by
the SIU•c:ty shall he Credited a"ainsl (Ile 111cn;t1 still► ol'thC Payment Bond. Nothing in (his Agreement
COnstitutes ;► waiycr OI'stich penal stun W' ;Ill ill(TCase in the liability of the Surety unclCr the Pilynlcnl
Bond.
10. This Acp'l-ccrllcnt is solely for 1110 be rich( of the ()wller and lilt- Surety. The (Omer
and the Surely ill) clot intend by ally I);'(11'Itil(111 Of this AgreclI lei)l to ('I'r'ate ;Ill`; 1.1111115 111 Or increase
the right.". Of ally third-party bcncliciarics, nor to Comer any benefit tlprrn Or cnl*rrCeahlc rights under
this Agreement or otherwise t1pon anyone other thall [Ile Owner and the Surety. Speeilically, the
Owner a nd t he Surety acknowledge I Ilat nothing; 1 11 l his A grcemelll :,hall extend O r increase t he
rights Ol'rlrly third-p.n•ty ChIJI anfs err the liabililies Or Ohlil;ations ofthc Surely under the Bonds,
11 . This Agreement constitutes the whorl.: of the tuulcrstandinl;, d1seuss1011S, '111(1
a4;rcenlcnts by and between the Owner a11d the Surely. 'I 11(.• 1'.-rlW; ,Intl provkions ol•lhis At<;rcenlcnt
are contractual and not mere recitals. 'I he Owlwr and the St1rc1y :IeknmvIudz;c that (here have been
no Oral, written Or other agreerllclik of' ally kilul as a condition p ITC(I'Anl to or to induce the
execution and delivery of' this Agreement. Any written or oral (hsCt155iOHS corl(luCfCd prior to the
effective date of this Agi-cell lcnl sh;►II not in ;rn)' ��ay y;Il v or ahcr the terms ol•thi:; Al!Irecnlcrlt.
TakruvcrAgreemcm-Jefferson(sty lluffmar, Ins:.(v,li;NiOIi a
� M
12. This Agreement shall not he ch,ulued, amended of. altered if] ally way except ill
writing t111d executed by both the Owner attd Surety.
13. Counterparts; I'acsimile. `signatures This Agrcerncnt Illay be executed in ally
number of counterparts, each of which shall he decnlCd to be an original, but tdl of which shhall
constitute the sank Agreenlcmt. Delivery of till executed copy of this Agreement via facsimile,
but not email, shall hoc deemed ct•li:ctivc delivery,
ld. This Agreement shall be govcr•ned by tuul controlled by tilt laws of' tile State of
Missouri.
15. Any if of ices t hat a rc r equi rctl t o h c g iven b y t lie t cans o Ft his A grecnient o r t lie
Bonds shall he made as Ibllows:
As to the OWIR r:
Via certified nail, return receipt requested, postage prepaid to:
Tolil .folios
320 fast tNIcCarty
.Icffcrson City, Missouri 051 M
As to the Surety:
Via certified mail, return receipt requested, I)Ostage prepaid to:
St. I'aul fire and Nlar111e Insurance C'onlp,uty
C/0 St. Paul Surely - Claim
Attention: ►Nlatthew I.. Silverstein
5801 Smilh Avenue (MC'4 l ,
Baltimore, titf) 21209
16. This Agreement shall becotlle CITCCtivc as ol'the elate it has hewn fully executed by
all of the parties hereto ("thc I?xccuf;on Date" of. "the Fl ectivc Date"). The parties agree that if
this Agreement clots not become effective 1OI• anv Wilson, this Agreement shall he decnfcd
negotiation for settlement purposcs only, fund will 1101 be admissible in evidence or usable 161- any,
purpose whatsoever in connection with any claim, lawsuit, or ofany nature.
17. This Agreement shall he bidding upon the p,,rtics and their respective successors and
assigns.
18. In the event that one or more provisions of ibis Agreen-lent shall he declared to be
invalid, illegal or unenforceable ill any retipect, unless such slwa{idity, illegal of- unenforceable In
any ►•cspect, unless such invalidity, illegality of- ultcn('orc:enhility shall he tantamount to a Cailure of
consideration, the validity, legality and enfol-ccability of"the remaining provisions Contained in this
Agreement shall not in any way be affected or impaired thcrchy.
I'akcover Agreement-Jefferson C'►tyl I Its fora n,Inc.(9/15i2003) 5
lea. It is understood and agrecd by the owner and the Surety that this Agreement shall
be construed without regard to any presumption or otlicr rule rquiring construction against the
party causing this Agreement to be dra(led.
IN WITNI SS WI-li?RI 017, the parties have cxccutcd this Agreement on the (late
indicated above, and cash of the undersigned personally .represent and warrant that they have the
full right, power and authority to cxccute this Agreement on bchalfof the respective parties.
OWNHR
City of 101,61-son, Cole County, Missouri
13y:_ _(S EA L)
Print Name:
Title:
Date:
Dormer Contractor
E Iuf(i»an,
file.
(SERI �—
f3 _._._
Prii t_Nanw:-.�i-7�.��r
T i t I e: ,�,•z,�:r,ra��,c,�--
SURFTY
St. Paul Dire and Marine lnsurancc Comp-1iny
B y___....___-_.. _.__. (S t,A L)
Matthew L. Silverstein
le: Senior Surety_AttO ney
Date:
APPROVED AS TO FORM:
City Counselor r Date:
Exhibits:
1. Original Contract (Limited to Pages 00500-1-, 00500-10)
2. Payment and Performance Bonds
Takeover Agreement-Jefferson Cily/Huffman, Inc.(9/152003) 6
19. It is understood and agreed by the owner and the Surety that this Agreement shall
be construed without regard to any presumption or other rule requiring con:,truction against the
party causing this Agreement to be drafled,
IN WI'I'N1 SS WIIC REOE, the parties have executed this Agreement on the date
indicated above, and each of the unclersigned personally represent and warrant that they have tile
Full right, power and authority to execute this Agreement on behalf of the respective parties.
OWNER
City of.107crso11, Cole C.'ounty, Missouri
B : (S EA L)
Print N amc:__�L_�_!_,t..._��1_'..!�i!._►..�_,
1)atc•
'
former Contractor
I-luffrnan, 111c.
� � .
13Y: _ (SEAL__
[Tint Name:..._.-
Title'
......_......---.. --_----_........_.......
.._..._._
Date:
SURF'T Y
St. Paul Firc and Marini IhSllrallee C'otnparty
(SEAL)
Matthew L. slilvcrstcin
Title: Senior Surety Attorney
._[.)ate:._ _--,.y. ...... ._.
A1)1)R A. 'ORM:
flo;r
04
city counse or Date:
exhibits:
1. _ Original Contract (Limited to Pagcs 00500. 1- 00500-10)
2. Payment and Performance Bonds
'I'akeovet Agreement-Jeno-ion City/1 luff"man, Inc.(9/15/2003) 6
JUN-20-2003- FR I Q3111 5 PM HUFFMAN, I NC, FAX N0. 5737851428 P. 02
� WALNUT STREET PUMP STATION
CITE' Off' JEFFERSON, MISSOURI
DOCUMENT 00500 - AGREEMENT
THIS AGREEME14T is by and between the City of Jefferson,Missouri (hereinafter called OW ER)
R; and Huffman. Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mut ual covenants hereinafter set forth,agree
as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract
r
Documents. The Work is generally described as follow:;:
Construction of a new pump station and demolition of the existing; Walnut Street
Pump Station.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents maybe the whole or only a
part is generally described as follows: Walnut Street Pump Station.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by 5verrinap(_.lull,inc.,who as hereinafter called 1=NGINMER
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 the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Ivtilestones, if any, Suhstantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of
the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within 520 days after the date when the
Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions within 550 days after the date when the
Contract Times commence to run.
CS-4199-00 00500-1 AGREEMENT
R2— 12/13/01
JUN 20 2003 16:40 5'737651428 PAGE.02
JIK-20-2003 'FR 103: 18 PM HUFFMAN, l NC. FAX N0. 5737851428 P. 03
WAI..WT STREET PUMP STATION
CITY OF JEFFERSON, MISSOURI
4.03 Liquidated Damages
A. CONTRACTOR and OWNER 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 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense, and difficulties involved to proving in a legal or
arbitration proceeding the actual loss suffered by OWNER if the Work is not
completed 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$500.00 for each of the first 14 days that expires
after the time specified in paragraph 4.02 for completion and readiness for final
payment witil the Work is completed wid ready for final payment. Thereafter, the
CONTRACTOR shall pay OWNER$750.00 for each of the next 7 days that expires
until the Work is completed and ready for final payment. If the Work is not
completed and ready for final payment after 21 days from the time specified in
paragraph 4.02, the CONTRACTOR shall pay OWNER$1,000.00 for each day that
expires until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE.
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in ctu-rent fields equal to the lump sum price contained in the
Bid Form:
Five million, eight hundred
BASF_. BID PRICE forty six thousand dollars
(use words) (figures)
DEDUCTS FOR AL'T'ERNATES
Submersible Sewage
Pump Manufacturer
not accepted ($
(use words) (Figures)
Variable Frequency
Drive Manufac=cr
not aceepte L_ __ $
(use words) (figures)
C54199-00 00500-2 AGREEMENT
R2-- 12JI3101
JUN 20 2003 16:40 5737851428 PACE.03
;JUN=20-2003 FRI 03,: 18 PM HUFFMAN, INC, FAX N0. 5737851428 P. 04
WALNUT STUET PUMP STATION
CITY OF JEFFERSON, MISSOURI
r Motor Control
f Center Manufacturer
not accepted (�_,.__.
(use words) (figures)
Mediurn-Voltage
Metal-Enclosed
Switchgear Manufacturer
N not accented
(use words) (figures)
Dry Type
Unit Substation
Transformer Manufacturer
not accepted
--($
(use words) (figures)
Five million, eight hundred
FINAL LUMP SUM fortv six thousand dollars ($ 5.846,000
PRICE (use words) (figures)
5.02 Additional effort related to the excavation, handling and transportation of petroleum
impacted soil, if encountered, will be priced and paid utilising the following unit price:
J
$ 8.00 /cubic yard X actual cubic yards handled as impacted soil
C5-4199-00 00500-3 AGREEMENT
R2 — 12/13/01
JUN 20 2003 16'40 5737851428 PAGE.04
;JUN-20-2003 FRI 03: 106 PM HUFFMAN, INC, FAX N0, 5737851428 P. 05
WALNUT STREET PLIMP STA'noN
CITY 0 JL"-FF RSON, MISSOURI
ARTICLE 6 - PAYMENT PROCEDURES,
6,01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article
M of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
IA. OWNER shell make progress payments in accordance with Section 34.057, RSMo,
on account of the Contract Price on the basis of CONTRACTOR's A pplicatioris for
Payment during performance: of the Work as providod in paragraphs 6.02.A.1 and
6.02.A.2 below. All such payments will he measured by the schedule of values
established in paragraph 2.07.A of the General Conditions (and in the case of Unit
I Price Work based on the number of units completed) or, in the event there is no
schedules of values, as provided in the General Requirements:
I. 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 14.02 of the General Conditions.
a. 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 lorig as the character and
progress of the Work remain satisfactory to them, there will be no retainage on
account of Work subsequently completed, in which ease the remaining progress
payments prior to Substantial Completion will be in an amount equal to 100%of
the Work completed le:;s the aggregate of payments previously made, and
b. 90 % of cost of materials and equipment not incorporated in the Work (with the
balance being retainage),
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase
total payments to CONTRACTOR to 100% of the Work completed, less such
amounts as ENGINEER shall determine: iii accordance with paragraph 14.02.B.5 of
the General Conditions and less 100% of.F'NGNEER's estimate of the value of
Work to be completed or corrected as shown on the tentative list of items to be
completed or corrected attached to the certificate of Substantial Completion.
C5.4199-00 00500-4 AGREEMENT
R21 — 12/13/01
JUN 20 2003 16:41 573?851428
JUN-20-2003 FRI ,03: 15 PH HUFFMAN, [NO, FAX 1110. 5737851428 P. 06
WALNUT STREET PUMP STATION
CITY OF JEFFERSON, MISSOURI
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with pars(-catph
14.07 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINE-FR m provided in said paragraph 14.07.
ARTICLE '7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the rate specified in Section 34,057, f<SMo.
ARTICLE 8 - CONT'RACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR stakes the
following representations:
A. CONTRACTOR has exarnined and carefully studied tl;e Contract Docutncrtts and the
other related data identified in the Bidding Docuunents.
B. CONTRACTOR has visited the site and becorne familiar with and is satisfied as to
the general, local,and Site conditions that niq affect cost, pmgie!ss,and performance
o f flue Work.
C' CONTRACTOR is fanidiar with and is satisfied as to all federal, state, and local
Laws and Regulations that ntay Affect cost, progress, and performance of the Work.
D. CONTRACTOR has car efirlly studied all: (1) reports of explorations and tests of
subsurface conditions at or contib-uous 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 Urtderground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph ,1,02 of the General Conditions
and(2)reports and drawings of a Hazardous Environmental Condition, if any, at the
Site which hw; been identified in the Supplementary Conditions as provided in
' paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done:sot all such additional or supplementary exarninat ions, investigations,
explorations, tests, studies,and data concerning conditions(surface, subsurface and
i..lnderground Facilities) at or contiguous to the Site which rnay aftect cost,progress,
or performance of the Work or which relate to any aspect of the means, methods,
teclut clues, sequences, and procedt►ras of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction expressly required by the Contract
C5-4199-00 00500-5 AGREEMENT
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JUN 20 2003 16:41 5737851428 PAGE.06
JUN'-20-2003 FRI 03; 17 PM HUFFMAN, INC. FAX N0. 5737851428 P. 07
WALNUT STRE'E'T' PUMP STATION
CITY OF JEFFERSON, MISSOURI
Documents to be employed.by CONTRACTOR,and safety precautions and programs
incident thereto.
F. CONTRACTOR does not consider that any additional examinations,investigations,
explorations, tests, studies or data are necessary for the performance of they Work at
the Contract Price, within the Contract Times,and in accordance with the other terms
and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be perfonned by OWNER
and others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
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.
rI. 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.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance of the Work.
ARTICLE 9 - CONTR%cr DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement
2. Performance Bond
3. Payment Bond
4. General Conditions
5. Supplementary Conditions
6. Specifications as listed in the table of contents of the Project Manual
7. Drawings with each sheet bearing the following general title: Walnut Street Pump
Station, City of Jefferson (under separate cover— not attached hereto)
8. Addenda(numbers 1 -to 3 , inclusive)
9. Exhibits to this Agreement (enumerated as follows):
a. Notice to proceed (under separate cover--not attached hereto)
b. CONTRACTOR's aid
C. Documentation submitted by CONTRACTOR prior to Notice of Award
CS-4199-00 00500-6 AGREEMENT
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JUN 20 2003 16:41 5737851428 PAGE.07
JUN. 20-2003 FRI 03: 17 PM HUFFMAN, INC, FAX N0, 5737851428 P. 08
i WALNUT STREET PUMP STATION
CITY OF JEFFERSON, MISSOURI
10. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
a. Written Amendments
b. Work Change Directives
fC. Change Orders
B. The documents listed in paragraph 9.0 LA are attached to this Agreement(except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in paragraph 3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
10.02 Assignment. of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract 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,
10.03 Successors and Assign
A. OWNER and CONTRACTOR each binds itself, its partners,successors,assigms,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,
10.02 Srverability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken,mid all remaining provisions
C5-4199-00 00500-7 AGREEMENT
R2 — 12/13/01
JUN 20 2003 16:41
5737x51428 PAGE.08
JUN=-20-2003 FR1 03; 17 PM HUFFMAN, [NO,
FAX 1110. 5737851428 P, 09
WALNUT STREET PUMP STATION
CITY OF 113. 1FIRSON, M1S50[1R1
shall continue: to be valid and binding upon OWNER and CONTRACTOR, who
g agree that the Contract Documents shall be reformed to replace: such stricken
! provision or part thereof with a valid and catbrceable provision that comes as close
as possible to expressing,, the intention of the stricken provision.
ARTICLE 1 I - NUN-DISCRIMINATION IN EMPLOYMENT
11.01 CONTRACTOR will not discriminate against any employee or applicant for employment
because of race,creed,color,or national origin, The CONTRACTOR will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment,without
regard to their race, creed, color or national origin. Such action shall include;,but not be limited to,
the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or temiination; rates of pay or other fomis of compensation; and selection for
training, including apprenticeship.
11,02 CONTRACTOR will post in conspicuous pla,:es, available to ernployc.es and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
A. CONTRACTOR-will, in rill solicitations or aelvVrtisernents for employees placed by or
on belialf of the CONTRACTOR, state that all qualified applicants will receive
consideration for cmployrrient without regard to race, creed, color, or national origin.
U. CONTRACTOR will send to each labor uUon or representative of workers with which
he has a collective bargain;ng apeernent or other contract or uriderstandutg,a,notice,to
be provided by the agency contracting officer, advising the labor union or workers'
representative of the CONTRACTOR'S commitments under Section 202 of Fxecutive
Order No. 11246 of Septcmber 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicruits for employment,
C. CONTRACTOR will comply with all provisions of lixecutive Order No. 1 1216 of
September 24, 196S, and of the rules,regulations, and relevant orders of the Secretary
of Labor.
D. CONTRACTOR will furnish all information and reports required by l`xecutive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting; agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
L. In the event of the CO2,1TRACTOR's non-compliance with tha non-discrimination
clauses of this Contract or with any of such rules, regulatiows, or orders, this Contract
may be cancelled,terminated or suspended in whole or in part acid the CONTRACTOR
may be declared ineligible for further Government contracts in accordwice with
C5-4199-00 00500-8 AGREEMENT
NT
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JUN 20 2003 16:42 573'7851428 PAGE,09
JUN-20-2003 rR1 03416 PM HUFFMAN, INC. FAX N0. 5737451426 P. 10
WALNUT STREET PUMP STATION
' CITY OF JEFFERSON, MISSOI.JR1
proccdures authorized in Executive OrderNo. 11246 of September 24, 1965,and such
other sanctions may be imposed and remedies involved as provided in Executive Order
No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
. CONTRACTOR will include the provisions of Article 1 l in every subcontract or
F p
purchase order unless exempted by niles, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
CONTRAC'T'OR will take such action with respect to any subcontract or purchase
order as the contracting; agency may direct as a means of enforcing such provisions
including sanctions for non-compliance: Provided, however, that in the event the
CONTRACTOR becomes involved in, or is threatened with, litigation with a
subcontractor, or vendor as a result of such direction by the contracting agency, the
CONTRACTOR may request the United States to enter into such litigation to protect
the interests of the United States.
C54199-00 00500-9 AGREEMENT
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JUN 20 2003 16:42 5737851428 PAGE. 10
JUN-20-2.003 FRI 03: 18 PM NUFFU4, INC, FAX NC. 5737851428
P. 11
WALNU i STREET PUMP S'TA.'IION
CITY OE JEFFERSON, MISSOURI
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on ti•�?�i , 20g (which is the Effective Date of the
Agreement).
OWNER: CONTRACTOR:
Huffman. Inc.
47 A�9 --
Michael J. Huffma resident
[CORPORATE SEAL] [CORPORATE SEAL]
Attest l� �4 .44- -���1! _ Attest1 �
Sherry J . Nu fi5ecr r'y
Address for giving; notices: Address for giving notices:
1550 Black River Industrial Park Road
PO Box 279
Po Ia. Bluff MO 63902-0279____T____
If OWNER is a corporation, attach evidence License No. F167629
of authority to sign. If OWNER is a public
body, attach evidence of authority to sign Agent for service of process:
and resolution or other documents Michael�J. Huffman, President
authorizing execution of OVifNER-
CONTRACTOR Agreement. (if CONTRACTOR is a corporation or a
a partnership, attach evidence of authority to sign).
p Designated Representative:
Name: Pay S.Ulllyan Designated Representative:
pDirector of Community Development Name: Mi chae_1 J. Huf fman
Title: _ ?r1 r,-. Tvt,cCarw _ "—
Address: Jefferson Gry, MO 65 10 I Title: _President _
' _P'0 Box 279
Address: Po_el a r Bluff MO 63902-0279
Phone: �x,3-/,3 4�.�1„�,_..._ -._ 573-6c8573-686-1426 -1
Facsimile. —573-634-6457 Phone:
Facsimile: 573-785-1428
C5-4199-00 00500-10 AGREEMENT
tRO —3/19/01
JUN 20 2003 16:42 -
573 851426 PAGE. 11
• JIl,N-20-2003 FRI 03: 18 PM HUFFMAN, [NC, FAX N0. 5737851428 P, 12
RECORD OF PROCEEDINGS
CERTIFICATE OF RESOLUTION
OF HUFFMAN, INC.
I, Sherry J. Huffman, Do Hereby Certify, that the following is a
complete, true and correct copy of a certain resolution of the
Board of Directors of Huffman, Inc. , a corporation duly organized
and existing under the laws of the State of nelaware, which
® r_esclution was duly adapted at a duly called meeting of the said
p Board, held on April 11, 1995, a quorum being, present:, and is se2
forth in the minutes of the said meeting; that I am the keeper of
the corporation seal and of they minutes and records of this
Corporation; and that the said resolution has not been rescinded cr
modified:
RESOLVED, that the proper officer of this Corporation as
herein set out; Michael J, Huffman, President, is hereby
authorized and directed to execut.:r_ -uid deliver in the
name and on behalf of this Corporation and under. its
Corporate seal. , any contract, transfer or- assignment he
shall deein necessary and proper to carry out the purpose
of the aforesaid Corporation .
IN WITNESS WHEREOF, I have h�,reurita .;ubncribed my n.a.me and affixed
the seal of the said -orpar.a�:icn, this Il day of April , 1995 .
CORPORATE SRA1a _
c �.,� : �, ,,
' UI , sec vey
r
JUN 20 2003 16:43 5737851428 PAGE. 12
Performance Bond
Bond No. 400SM3940
Any singular reference to Contractor, Surety, Owner or other patty shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Piacc
Huffman, Inc, of Business):
1550 Black Rivor Industrial Park Pond St. POL11 Fire and Morino Insuranco Company
Poplar Bluff, MO 36902 385 Wmehinyton Street
OWNER (Name and Address): St, Paul, MN 55102
City of Jofforeon, Missouri (651)310-7911
320 Eraut McCarty Street
Jofforeon City, MO 65101
CO
Date: r'o?61 olzoog
Amou= $5,846,000.00 (FIVE MILLION EIGHT HUNDRED FORTY SIX THOUSAND R NO/100 DOLLARS)
Description (Manic and Location):
.Jefferson City Walnut Strout Pump Station
Project No. C295401-03
BOND ,
Date(Not eazljer th Contxact Date,):
Amount: $5,846,000.00 (FIVE MILLION EIGHT HUNDRED FORTY SIX THOUSAND F NO/100 DOLLARS)
Modifications to this Bond Form:
is
Surety and Contractor, intending to be legally bound hereby, subject to tltc tr--r1t1, printed on the reverse side hereof, do each cause
this Performance Bond to be duly executed ou its behalf by its authorized officer, agent or representative:
CONTRACTOR AS PRINCIPAL. SYJR.ETY St, Paul Firo and Marine Insurance Company
Company: Huffman, Inc• (Com, } Company: —.._. (Corp. Seal)
o
Signature
Name and Title: h 1 chael J. { n , P r e s i dent; Name and Title: Janflt L. Rehkop, Attornoy-in-Fact
(Attach Power of Attorney)
(Space is provided below for signature; of additional panics, if requiem.)
CONTRACTOR AS PRINCIPAL SUP.-E-7Y
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
E.JCDC No. 1910-23-A (1996 Edition)
Originally pmzpar»d throug}i the joint efforts of fir,Surety Auma anon of America, Engitzcrs louu Con"ct Douments Comminee, the Asxxiatttl General
Conautim of America, and the Amerimn (asntttte a(A.rchitecti.
IMPORTANT —Surety compnnics executing BONDS must appear on the Treasury Deparunent's most currant list
(Circular 570 as amended)and be authori:xd to transact bmincss in Missouri.
006 10-1
The CONTRACTOR ant the Surcry,jointly and scvrndly, 9ertl thernse.lvrs, tncu pleantl,ry, in whole or in port hrrthrr notxt Jv- OWNF?. %hall be-caillal,to,
twin, escwtnr., scmtnistrstnrs, niceesuirs and A.Lugrs to Ov 0-fier for 'hr. ,n(nrte any renwij; wadable to the O'ANF--
per'(ormar"of the Contract, when a imnrjx,ra,nl trrcen ray rr,lrrrn r
6 Ahrr the Owt"Ei? etas tcnntruterl t)te COi`fi'RACTOk'% fight u: urr47(rtr. :he
2, if the COtr AC.-r0R perforiru the Contract. die:iurtry tad to CON—tRACMP. -ontrici. and if the Surcry cleciu uo aces under parattyph 4,1, 4 2, or 4,3 ibore. .�h
have no ebltgauon un:cr this!kind,etcqu tai puucipate in confcrt rv.r_;a.%provool to be rcswnsibeltues of il,e Surety in the OWNER ttull not be greeter Cun t,cise of:he
paratraph 3.1. rUhTRACT'OR under me Cnnaw:L aria the respansibiliwts of the iD ter
.utr'•ry%dull rax be gaiter ton tlaaac of the OWNER under:tae Cotsasa. To a limn of
3, If there is no OWNER.13cfairlt, the Surety's obiigauon under this liorud %dual Attic the arnaoun of this Bond,but sublet to rzio rnionent by the OW vT?,of the[Marie of
after: the Contract Nriu: w mtugauon of emu ant datrates on the Centric-, the Sure,:f u 0
oibhgattd without dupii=on for:
3.1, The OWNER ihas twdfial use CON'T'RACTOR and the Surety u dw
Addresses described in puagmph 10 below,Cut the OWNER is eonsidenttg 6.1. The rmpomibiliva of the C.ONrRACTOR fur cur rcuon of dcfe=ve
daelanng a CONTRACTOR Default and his rcqursusd tad aacropird to Work and uwMlerion of tlx:Contract;
arrange a ennference with the CONTRACTOR and die.&unry to to held not
later than rttwen days after receipt of%xh nouc2 to di^„ methods of 6.2. Additional legal, design prsa(cuiorul 3rd delay cued% rattlunt from the
performing the Contract. if the OWNER, the CONTRACTOR and the CONT'RACTOR's rkfault, and resulunt from the actions or fadure In act
Surety egret:, the CONTRACTOR dull be aJlorwel a rr3souuble ume to of the Surr.ry under pangraph 4;and
perform dye Conaart.,but such an atTmirrie tt shall not waive the OWNER's
right, if arty, subsequendy to dtcUrc a CONTRACTOR Default; ar■d 6 3. Liquidated dartuges, or if no liqu"ited damages are ttxttfied in the
Contract, actual darruga csused Gy delsyed performance or non-
3.2. The OWNER has declared a CONTRACTOR Default ant fomully perlortnancr..of the CONTRACTOR,
terminated the CON"iI(ACTOR'% right to complete the Concoct. Such
CONTRACTOR Default shall not be declared e.-Ari;er than twenty days after 1, The Surety %lull rot be liable in arc OWNER or othhe.n for obligations of the
the CONTRACTOR and the Surcry have rerrivead m6ec a provdod in CONTRACTOR out err. unn tated to ate Contract. and the Mince of the Cuntna
paragraph 3.1; and Price slop rxx be reduced or set off on account of any such unt-c"nd oiblitauons. No
nght of seauon.dull accrue,on this Bord to ury pczxnn or entity other than the OWNc;2.
3.3. Tlhc OWNER has agre-:id it pay die Hatarirt of the Contact Price tw or to tiara,citwwn,administrarnn,or ssicresson.
3.3.1. The Surety in accordance with the leans of the Crmnaa 8. The Surer/heretry waiver notice of arty chargc, including -tsanges of turx, to the
1 Contract or to related subtoruritxs,purctuse orders and rxhcr ishligauons.
3.3.2 Archer eonrraeaar selected pursuant to paragrapri 43 ui perform the
Contraer_ 9. Any ptroc ending,Icgal or cquiahle,under this[brad rrray tie institutul io arty court
of cornpctent lurudiezoo in the location in which the Work or pan of the Wort is
4, When the OWNER his satisfied 0w conditions of paragraph 3, the Surety mall locat,-d ud skull be instituted wi tiro two ytzrs ahtr CONTRACTOR Dcfasdt or within
promptly and is the Surety's capon x tike Otte of the following actions: two ymn after the CONTRACTOR tossed working or within two ycM Amer tine Surety
n:Asses or fails to perform its obligations under this Bond, whichever aeratn rust.. It the
4.1, Arrange for the CONTRACTOR,with corurau of the OWNER,m perdtirns pro-tisions of this paragtaoh are void or prohibited by law, dse minurnum period of
and complete the Contract;or limitation available in suretics is a defense in the, jurisdiction of the suit shall the
applicable.
41. Underukr, of perform and complete the Contract itself, dormgh its agents
or throuth inde pendr-M ennmatn;or 10. Nouee to Usc Surcry, the OWNER, or the CONTRACTOR :full oe nulled
delirrred to the address stmcrvrri on die sigmtur�page. is
4-1. Obtain bids or rtegoe Lod prvpouls from gisalifiel contnranrt accepuhlc
to the OWNER for a eona-Act for perlormancc and compleooxt of ttir, 11. When this Eiond has burnt furnished to crxnply yids a statutory or other IcVJ
Conner, amnge for a coruract to be prtimutd for eaexvtion by Uie tcrluurmcoz in me location wbarr din Contract was be perionrxd,arty provuion in this
OWNER and the corurxsar%chord with Ua¢OWNER's corr_tu7tncc,to be Bord Conflicting wtdt said rraoutory or Icgal rcquirerncrst shall be deaned deleted here
secured with pox(brmama text paymes¢bards excesitcd try a qualified story from and provision conforming to such statutory or other legal rcetuirement stall be
cquivalear,to die Bonds Lssual on dic Context and pay to the O W Nd R the, dcaned incnrroratad hcrtin. Tide intent is dut this Bowl shall be construed is a
amour¢o(tiarnages as descrhlxd in pangnaph 6 in eacrss of the Ralwv.-of satutory tx)txd and tux as a common law bond.
Use Contract price inakrmd by the OW141M resulting from the.
CONTRACTOR Default;or 12. Dcfinitiuns.
4.4• Waive is right to perform and complete,amnge for connpietion. at ontasn 1'2.1 Halu=of ehr:Contraa Pncz:The dual amount payable by the OWNER to
:.4.1 new wrxraetor and with rasomble promptness under tfhe c rcunuurx;cs; the CONTRACTOR unicr die Contract after Ali prst a adiuvrnetsrs have
bcrn inade, Including allowance to th CONTRACTOR of nary atnounn Aber investig2oom,rletcrntine the amount for which it may be liable received or to tic ro:eived try the OWNER in setsltznrnt of insunnx or
to tlx OWNER. and, as soon as practicable after the aniuuru is alscr China for darrugas to whrh dsr.CONTRACTOR is emdrhd.,reduced
determined, tender payment therefor to the OW14EJt:or by all valid and proper paynsenes tnxse to or on Behalf of the
CONTRACTOR under the Contract.
4,4.2 Deny liability in whole or in pan and rxxify cv- OWtil t cuinR
rcasotu therefor, 1- . Coruna:"ncc agrecenctn b,-rNeco Uhe OWNER and die CONTRACTOR
;deritificd ere Use sit:rnutre pipe, including Al Contract Dootav= and
S. It the Surety does not prsscarl as pmvtdad in paragraph 4 with reasonable. rhansw thereto.
prampco ss,the Surcry shall ba deerrwd to'be in default or this Bood fifteen days after
n=ipt of an additional writtcrh notice fran the OWNER to the Surety dcnruxlk mat I:1. CONTRACTOR Dcfauh:Failure of the CONTRACTOR.which his be�mcr
(
the Surcry perform its obligautm unda this&end, and tae OWNER stall t-a erxidod to bexat rtancelied nor wain xl. to perform or ahrswise to eompty with nor.
enforce.any rsnrdy available to the OWN'E'R. if the Sudety ptvicetds is pttsvvdrd in erns of tlx:Contract.
paragrat h 4,4,and the OWNER rchisca tae payment tendered or the.Survry has denied
12.4, OWNER Cnt,„do F-Adurc of Ux OWNER which has rxidic been remedied
nor wsivcd. to pray the CONTRACTOR as rcquirtd by tlx: Coorract or to
pertarrn and complete or cmrmply with the other trans Uacrcu(,
AD(FOR INFOP—MATION ONLY.—Name, Addi-ms and Telcphone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party):
Locktort Companies Jacobs EnyinuurI rig, Svordrtip CJvil , Ind:.
444 U�47th SY. , Stcr U U;—N. 13 rwidwa
Kansas City, MO 641 It 2 St, Lou;s, 140 00610-2
(816)900-9000 63102-2121
Paymer4t Barad
Fitted No, 400'"M:5940
Atty singular rcfetencc to Coutr:lctor, Surety, Crabber or other parry shill be considered plural 'Phttr appiic.Ybie..
CONTRACTOR (Nance and Address): SUREY (Name and Address of Ninncipal Place
Huffman, Inc. of Business):
1550 Block River Indwnt,rkal Park Road St. Paul Fire and Marine Insuranco Company
Poplar Bluff, MC 63902
385 Wntshington 5traot:
OWNER (Name and Address): St. Paul , MN 55107
City of Joffortion, Mitwourl (6 '510••7911
320 East McCarty Stroot
Joffornon City, MO 65101
CON'IRAC '
Date: 'g4, l04
Amount: $5,846.000.00 (FIVE MILLION L_IGHI HUNDRED FORTY SIX THOUSAND P. N01100 DOLLARS)
Description (Name and Location):
Joffortaon C1ty Walnut, 5troot. Pump Motion
Pro;joct No. C295401-03
Date: (Not earlier than o4 t Date):
AmOUnt: $5,846,000.00 (FIVE MILLION EIGHT HUNDRED FLIRTY SIX THOUSAND & NO/100 DOLLARS)
Modification, to this Bond Form:
Surety and Contractor, intending to be legally bomid hereby, subject to the terms printed on the. reverse s'sde hereof, do each cause dL
Payment Bond to be duly executed on its behalf by its authorized officer, agent, or reprf-sentative.
CONTRACTOR AS PRINCIPAL. SURETY St. Paul Fire and Marino Inourance Company
Company; Huffrnon, Inc. otp. S ) Company: (Corp. Seal)
Signature. !i "_•' SignFt=: l �• 2 _ �i y�' _ �.
Name and Tide: Michael J. 11' res i dPn t'. Namc and Title: Jan t L. Rehkop, Attorney-in-raclt
(Attach power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signaatre' _ Signautre' _
Name and Title: Name and 'I"itic:
EJCDC No. 1910-28-B (1996 Edition)
Un>?mlly prcputd through the joint efforts of the Surety Assr)62noo of Amcn= Enguiccrs Joint Cantrwt Documents Committee, the Asseei;ted Gcnerzi Cartmci
of America. the Atocrian Institute of Architects,die A w.ncan Suticantncion Assocuoori. and ctr-!asocia¢d Specialty C:anaactrim.
IMPURI-ANT— Surety companies cxectiting BANDS mti,t appear on the Troasttry Dcpar*ment s most cttrrmt list
(Circular 570 as amended)and be wthori:.cd to transact business in tviissouri.
0060-1
I. The CONTRACTOR xM the Surety,jotnily atrl srerally, burl drrrtsclvcs, ttru R AnpoiJI %rowed try ttv,OW'YFA to die COtrfR;,CTOR under ctsc Contract%hill,
beu-s, eteaston, admunisu'aton, wccessnn ud assngm to the OWNI'71 to pay for tv.-uuti(Dc dr performsasa of the Contract aril to ausfy claims, if airy,undo, a.•rr
Labor,maleri:ds taxi,xptttpmettt furnu)--rd for LLtr In dse perforzu A:c of de Cotunc..L. 1'rrfornumi:[lord. By the CONTH kCTOR furnisfung uxl the OWNER arczpung
which is i=orpotucd herein by reference this flood, tfscy agroe Out all funds carried by the C,ON'ITLICTOR to ;he
perforataocc of tae Contract arc dedicated in saitsfy obligations of the
2. With aspect to the OWtt'ER., thu obligannm shall be null and void if U)c CON-RACTOR and the Surety under thu Bond, subject to the OWNE7t's pnonry
CONTRACTOR: in use the funds for the compleoon of the Work. 0
2.1. Promptly makes payment, directly or indirecity, for all sums due 9, T)r..Surety dull not be liable to the OWNER.Clairaarsct or onccm for ohliptions
cwmants. And of the CONTRACTOR,that anti unrelurd to the Co==- The OWNER ghoul oof
be liable fix payment of any cc=or cqx-srs of any Claimant under this Bord, and
2.2. Defends, indemisifees and holds hartalcts die OWNER from alI claims, %isa.11 hive utder this Bond no oolig2uons to make paytnerru to, give notices on
de hands, liens or suits by any person or entity who furnished labor, b--Mf of, or otherwm have obligxuons to Cla marrts under this Bond,
materials or equipment for use in the performance of the Cam mt,
provided the OWNER bas promptly nodited he CONTRACTOR and the 10. The Surety hereby waives notice of any change,including changes of dme,to
Surety (at the addresses described In pingnph 12) of arty claims, the Cantnct or to related Subconu-nis,purrhasc orders and other obligadoru.
den tzmis, limit or suits and tendered defense of such claims, deaunis,
liens of suits to Use COIvT'RACTOR aid the Sumvl, and pnuvvleet there is 11. No suit or item dull be uxzn-,,rred by a C7aimaat under this Bond other than
no OWNER Default. in a court of campaent jurisdiction to the locanion its which the Work or part of the
Woric is Ir-=trsl or after the ezpinthon of one year firm the date(1) on which the
3. With r=pea to Claimants, this obligadoo shall be rtull and voKi if the Claimant gave the tonsure required by pangraph 4.1 or paragraph 4.2.3,or(2) on
CONTRACTOR pronhptly m:tkrs payment. directly or uhdirecdy,for all sums due. which Ue last labor or service was performed by anyone or the last materials or
ewnpmcnt wmc funhislhed by anyone urvicr the Consvucuon Contract, whichever of
4. The Surety%hull have no obligauon to Clatmars under this Bond unul (1)or(2)firs:ocean. If the provisions of this paragraph are void or prohihiu%l by
law, the minimum period of limitation availanlc to our-tae% as a defense in the
4,1. CWmanu who are employed by or have a direct contract Willi Uec lunsdtcuoo of the suit shall be a{rplicable.
CONTRACTOR hive given note%" to the Surety (at the addr•...sc1
desen'bod in patagnph 12) and s.rnt a coo. of notice dsrrmf, to Usc 12. Nix=to the Surety. the OW'-(ER or the COl•fTRACCOR shall be n ixilrxl of
OWN)M, stating that a claim is being made under thu Mal and, with dclivcttd to ttx addresses%%,owns on the stgnanue page. Acoizl n=cipt of notice by
substantial uutney,the amount of the claim. Surety, the OWNER or tirc CONTRACTOR. however accomplished, :ball be
suhFuietu cumpliarsre u of the date mccrrod it the address shown on use signarnr
4,2. Clahniou who do:sot have a direct cosirr=..with the CONTRA=R: page.
1. Have furnished writ:=notice to the CONTRACTOR and scot a copy, 13. When this Bout his bean furnished to comply with a statutory or other legal
or notice thereof, to the OWNER. within 90 days aher having last regutrtmem in the Irrauon where the Contract w-as to be performed, any provision
performed Libor or last futnishod matcr all or equipment arjudeth m in c'sis Bond conllicung with said uamtnry mr legal requvemem sha11 be deemed
the claim staring, with subMaftal accuracy, cbe amrxtnt of the claim deleted bcr:from arvi provunots conforming m such stawwry or other legal
and the tame of the panty, to whom the materals were furns bed or mquircmettt shall be deemed ura3rpmntcd herein_ The intent is, that this (loud shall
suppliod or for whom the labor was done or petformol: and be consmind u a smurrory Bond atri not m a utmnson law bonal. 0
2. Have either received a refection in whole or in put L•vm the la. Upon rcgur=of arty rnr-.nn or rnury aspiring to be a potential b tiefhciai•y of
CONTRAC-MR, or not rcccivci wicttin 30 days of (undshiog tut chu Hord, the,CONT;I AZI-Of;scull prompdy tu.^nim a'copy of this Bowl or shill
above notice any communication ftom the CONTRACTOR by which permit a copy to be made,
the CONTRACTOR had indicated the claim will be paid dircraly or
Indirectly:and 15 DE INMONS
3. Not having been paid widiin rte above 30 days, have sent a mince 13.1. Claiuunt_ An u,<dividual or cnurf luvtng a direct conrract with the
noon to the Surety and sera a copy,or mace dsereof, to the OWNEY„ COWMACTt7R or whrh a Subcnnttxciw of the CC MPACTOR to furnish
staung tint a claim is being made under thus Bond aril rnclming a copy Labor, tmterials or txpuipment for use in dw.performance of chc Conaact
of the preview writiea notice !unit to the CONTRACTOR_ The tntrw of thu Mc,d shall hpc to uhcsuic wtdhout livutation in the terms
'Labor,atatcruls or equipment' out part of wader, gas,power,light, baL
S. If a notice required by paintaph 4 is given by to OWNIa1 to du: oil.dasatiur.,tchcphone service or rental equipment used in the Can=r.L
CONTRACTOR or to the Surety, that is suffieiem compliance. "r-baccuiral tad enRhncenng scrvtccs retputrrd for perfotmusce of the
Work of Uhc CONTRACTOR aril the COtMLACTbR's Subcontraanrs,
6. When the Claimant has sattifird the conditions of paragraph 4, ttsc.Surrey trail and all umer items for which a rnrr_huruc't lien may be asscmM to the
promply and at the Surtry's expense rake the following actions: Wrisdictnon wncm Use Libor, mtahrnats or cqutpmcn( were furnished.
6.1. Send an answer m the Clairnw., with a ct)sy to n.:OWN'h:3:, -assn 45 IS2, Conrnc Tnc agrrcoscnt berwecn the OWNER mwi the CCiNTrLACTOR
days after receipt of the claim,seating the amoucus nut arc un.fisyrJtnl ale, Acnr.,fiini on due thetnturt ,wgc, including all Contract t7.(numents and
the basis for citalleughng any arnouncs this tat disputrai, citiangm pttim, .
6.7- Pay or arrange for payment of airy undisputed unrsuna. l i_3. OWNER r rilllt: Failure of U,,c OWhIIt r.hhelt has raritber bran
rtnrdied nor watvnd, to pay tic CON s±&,CTOR as trquimd by the
7. The Surssy's tecah obligation shall tat cxccod the urpocust of L%Ls Burw, and tit: Ciirrrwa or to Ixrform anti complete. or comply whdt the ocher trttns
aanount of this Noel shall be credited for any payinctds mark to gcryl faith by tau dhcrm(.
Surety,
(FOR INFORMATION ONLY—Name, Addr= and Telephone)
AGENCY or BROKER: OW;vITER'S FEPRJEESENT'ATT'✓'r`. ('c.:i),*utcer ar other partY)_: __________�
Lockton Cornpanir s Jrac:abf, Eriginnaring, :wordrup Clvl 1 , Inc, -0
4441 W. 47th St„ Ste. 900 N. lroadwoy -M
Kansas City, h10 64112 St. Louln, 140 00620-?
(816)960-9000 65102-2121
POWER OFATTORNEV
10 ticnboard tiurcly Company llnlled States hlrlelily and Cnnrrutty ('untpnny
St.foul Fire and Nhnrine Insurance Coonpany Fidelity and Guaranty Insurance Company
St.Paul Gnurdian Insurance Company Fidelity and Guaranty Insurance Unrlerw•ritel:s,lac.
St.{111111 Mercul•y Insurance Company
+
Power ol'Attorncy No, 23132 (-'ertillcate No. 1117883
KNOW AIA,MIEN 111"1'IIESG PRESENT'S,That Scaboaul Surely Congnuly is a corporuinn duly organized mider IItC lim.ol'the Still(-nl New Turk,and Ilo11
St. Paid Dire and Nittrine Insurance Cortynuly,St, I'aal Guardian Insurance(.'nnapauy and St. I'aul Mercury Insurance C'ouqumy are corporaliow:duly orpaauzed under
Idle haws of the Stale of Mhutcsola,and 111+11 United Sti11c;Pidelity and(ivaranly Company is a corporation duly nrpanin•d under the laws of the Slime of Maryland,and
that Fidelity and Guaranly Insurutc•e Company Is a curputalion duly orpanized under the laws of the State of' Iowa. toll that Videlily and ("maramy Insuronce
Underwrin:cs, Inc. is it corporalrnn duly organized under the laws of the Static of Wisconsin I herr+n rr llrrrirrly rvr/!rr/rhr "C'nnrlrrutirs"), and Ihat lice Companies do
hereby make,consrilme all appoint
Kathy M.Loftus, Debia J, Scarborough,Jaynes C. Pateidl,Michael C. Frost, David M. Lockton,
Janet L.Rehkop,Melissa D. Evans, Patrick T. Pribyl, Michael D. Whipps,Toni P. O'Rear,Veronica Lawvcr,
Claudia Mandato, Christy M. McCart,Mary T. Flanigan and Kevin B.Alexander
Kansas City Missouri
of the City of._..___-._._._�__..----._..----------.__... .......... Su11c. _ Ihcir Iruc and lau•fuI rVlunu•ylsl•In•Irac1,
each in their separale capacity if'more that one is nanu•d above,to sign its 1111111(- as suu+Iy In,and to mmile, ±cal and acknowledge any and all bnnd.s,undertakings,
contracts and other wrillon instruments in the nature Ihereol oil behalf rnl the Companies in their busiucss of guarameellig the fidelity ttl persons,guauuntlCCin}; the
performance of contracts and executing or poaranteemp bonds and undertakings reclined tit jurn ned in:aty actions or pioceedmps allowed by law.
18th January '2002
IN 11'I'1'NI;SS 1VIIIz.R1:(11�,the Cumpnnics have canucd this insnunuatJ to he signed and se;dal this -,_
Seuhotrrd Surety Cunllrony United Stales Fidelity and(:uarutly Company
St.Paul Fire and Marine Insurance Company Fidelity inul Guartcaty Insut'ance Company
St.foul Guardian Insurance Company Fidelhy turd Guaranty Insurance Underwriters,Inc.
St.I'tud Mercury Insurance Congaury � �`/!
Ik?V L P.C.
� .
sa 19ocrarn o..,,,,* •r��o1,r, r iO
27� � '� J �' 11890 � 1917 metro I IUI1N F.1411NNI91'.Vice Iltnident
�, *'+ �.,st:nt �ti\sn►►�,� p 1951
State of Nlarviand
City of liallimore •Illy)NIAS I:.IIlIllilihUTSH,Assistant St-ociary
18th January 002. belore utc, IhC urtderstgneil ollir(-r, personally appealed John I'. 1'huutey and
On this -------------__._ clay tit --- __ - ------ry-... ,
Thomas 1?. Iluibreglse, who acknntvledped themselves to lac Ile Vice I'+esidenl and Assistant SCCn•tary, respeclivrly, of Sc:abo:ud Surely ('omlmn ,St. Paul I-Ire and
Marine Insurance Company,St. I'aul(iuwdi:ul Insurance('nnnpany. SI. Paul \ICrcury hasuoat T('ongl7uty,llnlled State,FRIL-lity and GIN1 1111y('nngtaug•, Fidelity and
Cntaranty Insurance Company,and Fidelity and(immintp Insmaoacc lindetwruers, Inc.•and On,11 the scaly alfaxed to lice loorpuung insaumenl ale tine corporate seals of
suit) Conynanics;and that they, as such. hemp authorized so no du, ex(-culCd the Inrrgrnn} uasaunaent Inc the purposes therein conlauted by sigma!to naunes of the
corporations by themselves as duly authorized olliccrs.
4c) (Fr /vl
In Witness Whereof',I henounto set M hand.lad olficual u•al. v 1�Ur4
bCi
My Commission expires the I"lilt day of .duly.-111112. ~'tip o 1 1.111•. VA P.AS1.F Y uNUKA1.A.Nuuuy I'nl+tic
86203 Rev. 7-2000 Printed In U.S.A.
This Ilowet(If Atiomv Ir ft arced midor and fly III(,alllhillMy III 111:'follim-llll' iegilloflollq 11(]ollic(]fly Illy 11(tillik of I)Ile(irlrs ill Sealltnnd ,v(oltiltilliy,S1.PA"I
Fire and Munne htsvuuuc (•ongavly, 111 1',ull (i11nohan Irlvulall(v Confp,nl\', St fault Mcl(Illy Itis11uvu'e Cmillmlly, ilut)rli Slides 1•ufeltty null (immulry Cornpnrty,
Fidelity and (nauanty Insuta nce I'ontptiny.,old I i(]cid) and(hvv.olll Iosuf,oa I. 1 udcnsuh'fs, In, on 'lcplcnlhet 1, 110,18, Milt 11 lvgolonnits lift.now In 01111(nrcc find
effect,reading its follows'
ltES011,VED,that in connccno11 with 11e hdclny and surely vlwnul,r busua ss III the( onglany,till hoods,un lei aklip,conitvels a11(i othcl n)Olrlltvcnis rtllalinp
to sai(I IItISi ll•]5 Ittay he Siitlud,cxecutcd,,lad alrkralwledved he pelsons of emmvq appointed a0 Atturnvi,'(,�1 Ili I-act pmsoaw 11)a Power of Attorney Issued in
accordance with these resolmions. Said Powensl of Anonlrp fill and on hrhall ill the Compally truly and shall he executed In the name,Ind on hrhall of the
Compmly,either fly the Chauolam,ilr the lllvtildrnl,of any VII'(. Ihesofcm,of an r\OS101anl Vice IhesoleIll, jointly with tilt,Set,foary or an As,iw&ill Secic!ary,
under their iespcclive deslp11utiovs. 'I he.sipilatlue of goch ilfll(vf q nl,ly he clipunr(],lit filled of luho)niplhed The tiilmalutc of each of the folt•poillp ofhcels and
the seal of file Compall)' truly he afl)xed by facsimile In fogy Power of Avonicy of to any cetU(u•atc fetatltll!lhcleto appointinp Alloinvylsi fir I arl for pu posim
citify of execuling and I111c.+1i hoods find uudcrlak-nip lilt(]other wutfnp, ohlipwoly ill file nature thereof,avid suhIcct In oily Innuuuons NO loUh therein, any
such Power of Attorney or certlficaje hetirmp such lacsunlle slfmalule or Lu•sunih• •,col mull he valid and hlnding upon !ht,(.'ompnny 111141 u11y such power so
execu(ed and cerlified by such fncsimilo sip latun•;111111 lacsnnlc w,d shall he cillld and hiudlnp upon the(•ompatly with lespecl In tiny hoed of undcmklnl!to
which it is v0lidly allnchcd;and
RESOLVED h11RCIIFIL, that r\Ilurncy(O1 uI l0ncl %hull huvl• the power and wilhordy, and, of;lily caw, sohjecl to the n9rlls wld IrInllfivons of the Power of
Attorney issued Iheltl,I(,cwcule..mld deiivel on hrhall of the Co11tlum) and to much lltc"Cal(1I ifll•(olllpnny tit any clod MI bomis and undcllnkiIlps,and other
wrililtps ohhpulory in the nature thereof,and uny such mOtluua•n1 executed by such Atlonfey(sl fir 1410 01011 he as hlmhltp upon the Company as it s,pnel by 11v i.
lixeculive Officer and willed find alteOled to by 141•Sccn•1111y of the('onlpan)
1,Thomas F. Ifuillrep1w,Assistant Secrcno} of Ncahouni Smcn ('molla ).Ill Paul I•oc mind \1,uulr Invvance('onlp11n),SI. Pilot (uvudoul hlsufnncc Compaul)',
St, ,'lit II Mercury 111 ul remit,!'('oI of n y,I In It cd SIIIIC• hill. ,Ind l iunr741I I.\ ('Ill l pa0 n),hill'lny and If it la 141 1111 IMtIc;rte('om Iiwil,it lf(I fide lfly fliltl(imitatllx'Iimir 1nce
IM(lerwrilers,Inc.do herehy evilily 111,11 the above and lort•poolf•I..l lrue and voI it(I(opy Ili Ihr•Power of lnonu y exccon•d by quid Compnnles.wloc 11 Is In 14111(()fee
and c(fccl and haO not hccn fcs,lkc(].
IN TESTIMONY WIIh;Itb0F,1 hereunto set Illy hand the, a+ lay of
r mN►N4 r .!s(, �.:.r�r;� FtI1T,t� 4)NtY / 1
Ua��•d1r � �
fl27 rMMG1tM �norµ..,i,,� v,or,ro�.,r i,� 150 O � >�MttYildfilra � / �.�'yw•�r..� �. .�.-�-V"'� ' r.
• � mar ��st:nl,�r' �ssa►,�3' �. tear, � r 'f877�� 1451
'I'lwini s F. I(nlllrepIM',AwNlanl Sectenlr)
'1'11 iwifl.)•the(tullucnlie•iq•of this l'(tIVer qi Atlsirnfy', (will/•Nllo-421,188►(tire/ask for the Poker of ilrlur►u-y clerk. Please r(jet-Ili the PoHVV uf,lllnr'n►w number,
Me above-earthed individuals'and the rlelails of the braid 141 ichich the power is amiched.