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HomeMy WebLinkAboutRes.2747.03-04-2013BILL NO. 13-37 RESOLUTION NO. `� 7`b7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ZOELLNER CONSTRUCTION CO. INC., FOR THE CAPE ROCK DRIVE/HOWELL STREET DRAINAGE IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE CITY 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 Zoellner Construction Co. Inc., for the Cape Rock Drive/Howell Street Drainage Improvements. A copy of said Agreement is attached to this Resolution and ma a p rt hereof. PASSED AND ADOPTED THIS A- DAY OF 2013. H y E Rediger, Mayor CITY OF CAPE GIRARDEAU CAPE ROCK AND HOWELL STREET DRAINAGE IMPROVEMENTS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 1G)4+\ day of MQtpCh in the year 2013 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and ZoPi ice- anst nutim Ca. 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 consists of... Two culvert replacements with the installation of Precast Concrete Archway structures, channelization, installation of gabion embankment protection, concrete road surfacing, miscellaneous drainage structures and piping, and replacement of 239 lineal feet of 12 -inch sanitary gravity sewer main with manholes. ... as specified in the bid documents for the City of Cape Girardeau, Missouri. 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 one hundred forty four (144) calendar days after the date when the Contract Times commence 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 one hundred sixty one (161) days after the date when the Contract Times commence to run. A-1 CITY OF CAPE GIRARDEAU CAPE ROCK AND HOWELL STREET DRAINAGE IMPROVEMENTS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the ± co1+'�\ day of MQg-Ch in the year 2013 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Zoell^w Ccmtnacticn Cc. 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 consists of... Two culvert replacements with the installation of Precast Concrete Archway structures, channelization, installation of gabion embankment protection, concrete road surfacing, miscellaneous drainage structures and piping, and replacement of 239 lineal feet of 12 -inch sanitary gravity sewer main with manholes. ... as specified in the bid documents for the City of Cape Girardeau, Missouri. 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 one hundred forty four (144) calendar days after the date when the Contract Times commence 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 one hundred sixty one (161) days after the date when the Contract Times commence to run. A-1 3.2 The Contractor agrees that no work on either bridge structure will begin prior to May 28, 2013, and that the Howell Street and Cape Rock new Conspan structures shall be completed with both travel lanes paved and open to traffic no later than August 13, 2013. These requirements are in addition to the contract times outlined above. 3.3 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 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 byOWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars $1,000.00 for each day that expires after the time specified in paragraph 3.2 for Substantial Completion until that Work is substantially complete. After Substantial Completion of that work specified in paragraph 3.2, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for substantial completion and/or readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER seven hundred dollars $700.00 for each day that expires after the time specified in paragraph 3.1 for substantial completion and/or 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 paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantityof that item as indicated in the bidding documents. Five hxrked eight triousand throe hind TOTAL OF ALL UNIT PRICES: e4t-� cbllars and zero omts ($508,382.00 ) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unitprices have been computed as provided in paragraph 11.9.2 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. M 5.1 Progress payments, Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and 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: A-3 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 furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing 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. 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. A-4 Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages to inclusive). 8.2 Exhibits to this Agreement (pages BF- to BF- , inclusive). 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). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title [PROJECT NAME]. cape Pcck arra EixL-ll St DrauBge rrp:a 8.8 Drawings. 8.9 Addenda numbers 1 to 3 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF- 9, inclusive) marked exhibit A 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the ' bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.13 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). A-5 There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision orpart thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. 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 �1 , 2 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. CONTRACTOR ZbaLnec OaistLu icn Co. Ilnc. �-+e��f' � nP llnPr'•. ��PC:rIPr�f By [C RPO TE SEAL] Attest Address or givin/naticesa' 815 PM 500 s Pegyville ND, 63M License No. F -IM Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT A CITY OF CAPE GIRARDEAU CAPE ROCK AND HOWELL STREET DRAINAGE IMPROVEMENTS BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The work to be performed under these Contract Documents consists of... Two culvert replacements with the installation of Precast Concrete Archway structures, channelization, installation of gabion embankment protection, concrete road surfacing, miscellaneous drainage structures and piping, and replacement of 239 lineal feet of 12 -inch sanitary gravity sewer main with manholes. . as specified in the bid documents for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 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 sixty 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: BF -1 Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) 1 — FebruQry IL4. 70(:2--� �e,brvary 15' ZOI?S (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; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (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. 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 carefully studied (or assumes responsibility for having done so) all such additional or 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 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 BF -2 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 of any group association, organization or corporation; BIDDER has notdirectly 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. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by • submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. • http://www.uscis.gov/portal/site/uscis 0) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty. (20) days to produce such documentation. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): BF -3 Rowell Street & Cape Rock Drive Bridge Project BID FORM - REVISED 2-19-13 Provided to Bidders in Addendum No. 3 NO ITEM UNIT EST. UNIT TOTAL QTy. PRICE EST. PRICE 1. 7.5' High Gabions, Installed LF 144 $/110 $ AeX22tb� 2. Removal of Improvements EA 2 $ 11%00 � � $ S -7 2 3. Howell St Bridge, Installed LS 1 $ U Z 000-° $ I3 Z ODD 00 4. Cape Rock Bridge, Installed LS 1 $ $ O Ii ti o0 5. 7" Concrete Pavement w/ 4' SY 1435 06 $ $ MoD/9-70 =° 6. Aggregate Base 4" Concrete Sidewalk SY 324 o0 $ ?3.7 0+ $ 7. Concrete Removal and SY 209 0 $ � $�(4 8. Replacement Aluminum Handrail LF 128 $_ 00 $(/? P%0�-� 9. Drop Inlets EA 8 $ 3TC $ rG�7" _;7;1Do 10. 12" RCP Pipe, Installed LF 30 $ 5-9 00 $ 1770 0� 11. 18" RCP Pipe, Installed LF 50 ou $ $ 12. 24' RCP Pipe, Installed LF 128 $ 7 0� $ 71a910 = 13. 36" RCP Pipe, Installed LF 277 � $ 7� $ q /,9 00 14. French Drain, Installed LF 102 bb $�' oe 15. 12" PVC Gravity Sewer Main, LF 239 OD pa 16. Installed w/ Bedding Manholes EA 2 $ 313-200 17. Sewer Main Tie-ins . EA 2 o0 $ 18. Sewer Line Removal EA 1 $ 21. 3 �' $ 39 19. Manhole Adjustments EA 2 $ %10 20. Traffic Control LS 1 $� 21. Mobilization LS 1 $ 22. Sitework LS 1 $� $ �� TOTAL BID FOR ALL UNIT PRICES $ Pybe G►w.4d eiW- 4swtsAotcl lVat l,. 4.e l e, s�4-jwp J414V:57 (Written figure) `' (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) BF -4 (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final paymentwill be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within one hundred forty four days (144) 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 one hundred sixty one days (161) calendar days after the date when the Contract Times commences to run. BIDDER agrees that the no work on either bridge structure will begin prior to May 28, 2013, and that the Howell Street and Cape Rock.new Conspan structures shall be completed with both travel lanes paved and open to traffic no later than August 13, 2012. These requirements are in addition to the project times outlined above. 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) Exhibit Affidavit of Work Authorization (c) The E -Verify Program for Unemployment Verification Memorandum of Understanding hftp://www.USGiS.gov/fliles/nativedocuments/MOU.pd (d) Exhibit Affidavit of OSHA Training (e) Certification Regarding Debarment, Suspension and Other Responsibility Matters 7. Bidder agrees to submit the following documents within three (3) business days after the opening of Bids if requested: (a) BIDDER'S Qualification Statement with supporting data. 8. Communications concerning this Bid shall be addressed to: BF -5 8. Communications concerning this Bid shall be addressed to: Name i�'ahe WLAnder 1 Bch Address .PCR )nn Oe-rry 6 1 le Ar) (off 775 (a) Performance and Payment Bonding Company Name Address ILIQ0A me.b Can IL (aD 1910 AgentlPower of Attorney Name (if used) 1��C� t,5` �C Address '3Db /ydr l',k 21StAO Lv 31 D3 OR 9. 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 G O , 20 1-3. State Contractor License No. b 037311 Y IF BIDDER is: An Individual By (Individual's Name) doing business as Business address: Phone No.: A Partnership By (Firm Name) (General Partner) Business address: Phone No.: SEAL) SEAL) A Corporation By C n n5+ ru e-_iA O h Cb .. X h. c • (SEAL) (Corporation Name) - 4 (Corporate (State of Ingofporation) (Name of Person Authorized to Sign) (Title) (Secretary) BF -7 Business address: t 75 PCR -5 Phone No.: Date of Qualification to do business is 11-30-15 A Joint Venture By M (Name) (Address) (Name) (Address) Phone Number and Address for receipt of official communications: SEAL) (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.) AM BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: let lt4" 4w -,,k Pi'letle, It is anticipated that the following subcontractors will be employed for work on this project: *SUBCONTRACTORS: (Name of Company) (Type of Work) &e,, SPw¢✓ All subcontractors shall be registered with the Missouri Secretary of State in order to work on this project. MW V tie, ��' w ■-W=" Is A =e = W nes Company ID Number. 209727 THEE VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING FOR DESIGNATED AGENTS ARTICLE 1 PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS), and Zoellner Construction Co., Inc. (Designated Agent). The purpose of this Agreement is to set forth terns by which SSA and DHS will provide information to Zoellner Construction Co.. Inc. (Designated Agent) on behalf of the Designated Agent's client (the Employer). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, SSA, the Employer, and the Designated Agent. References to the Employer include the Designated Agent when acting on behalf of the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E - Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. The Employer is not a party to this MOU. The E -Verify program requires an initial agreement between DHS and the Designated Agent as part of the enrollment process. After agreeing to the MOU as set forth herein, completing the tutorial, and obtaining access to E -Verify as a Designated Agent, the Designated Agent will be given an opportunity to add a client once logged into E -Verify. All parties, including the Employer, will then be required to sign and submit a new. MOU. The responsibilities of the parties remain the same in each MOU. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 1'04208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a `Federal contractor") to verify the employment eligibility of certain employees working on Federal contrails is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer (through the Designated Agent) with available information that will allow the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide the Employer and Designated Agent appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Designated Agent with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. Page 1 of 15JE-Verify MOU for Designated AgelRevision Date10/29/08 www.dhs.gov/E-Verify -Verify - Company ID Number: 209727 Approved by: Page 13 of 15IE Verify MOU for Designated AgengRevision Date101 MB vwvw.dhs.govlE Verity EXHIBIT AFFIDAVIT OF OSHA TRAINING COMES NOW (Name)Sft / h er as (Office Held) i P h I - of (Company Name/Contractor) zDa-V%L4 copnS rte+raw Co. 'and first being duly sworn, on my oath, affirm in connection with the contracted services related to C ®' at^a� �►hDm+fein Cn7Project Name) for the duration of the contract, as follows: 1. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo_ 2. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the Project commences, as required by Section 292.675, RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project 4. Contractor shall require all of its Subcontractors to comply with the requirements of Section 292.675, RSMo. 5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required in Section 292.675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition of the penalties described therein shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 7. Contractor acknowledges that in the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occuxted and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) ��(Iner Com fr�c:hbn Ca. �� ( e of corporate n By: (name of officer of corporation d tide) (SEAL OF CORPORATION STATE OF MISSOURI H!•.a aaaii� `. Icy xtr ,11 ss. COUNTY OF CAPE GIRARDEAU ) On tJallay 20L3 before me appeared to me ersonally known, who, been b me duly sworn, did say thatd5 s; is the of me (%V•s1VJJM Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day an ear fist above written. My Commission Expires: z ;yv� 31312014 EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name) S f1_VC_ I l ►'lClr as (Office Held) Qr e-,6 en of(CompanyName/Contractor) ZodIner AS-frucfian CD. "and first being duly swom, on my oath, affirm as follows: 1. (Company Name/Contractor) Z(f, I I rt re U�nsir uci- t Dr, Co - � _Tn c - is enrolled and will continue to participate in a federal work authorization program is respect to employees that will work in connection with the contracted services related to (Project Nune) C a �61zl frrct Qraf naac 26%4rpv4- or the duration of the contract in accordance with RSMo Chapter 285.530(2). 2. I also affirm that (Company Name/Contractor) T_,pellner COnSdEA i`I T does not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Project Name)��Q[ Rp`r /�wc/� �{jr�� f - Dra n 4 je� for h the duration of the contract ff 3. Attached hereto is documentation affirming Contractor's entollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) Z o f II nt4,- 66nsfrL-t + ar Ca.�Thc . (name of corporation) By: (name of officer o corporation and title) Se a ( o officer) es (SEAL OF CORPORATION)1;;'• STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this ZD day of t,r 201:5 before me appeared'Sitof 70 - n rr , to me personally known, who, being by me duly sworn, did say that he/she is the ErtiSjct to 1' of Z oe ur►rr- Co nS i ru���D„ Co�3r�C. , a Missouri Corporation, and that the seal axed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Ky $tete�d Ml�ouri � Commission Expires: Perry courity Cwnnion # 10417984 )Ztg� �3 My Commission Expkes: 3/3/2014 4221 Project Number Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered -transactions by any Federal or State department or agency; (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to S 10,000 or imprisonment for up to five (S) years or both. 5iev z r6jellt Typed Name & Title of Authorized Representative Z-Zo-f 3 Signature of Auth Azed Representative Date ❑ I am unable to certify to the above statement. My explanation is attached. CONTRACTOR (Name, legal status and address) Zoellner Construction Co., Inc. 875 PCR500 Perryville, MO 63775 SURETY. (Name, legal status and pri&cz alplace of business) Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196-1056 (847) 605-6000 OWNER (Name, legal status and address) City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 BOND AMOUNT: Five Percent of the Total Amount Bid (5'/o) PROJECT: Cape Rock and Howell Street Drainage Improvements (Name, location or address, and Pur. ject number, if awry) This document has important legal consequences. Consultation with an attorney is encouraged with respect its completion of modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Project Number, if any: The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, . any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When 0.'4 ;'`:`..9,°; famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond '' +.'s; ` r':: • J," " . �{ ° 1 Signed sealed Ibis 20th day of February, 2013 a`rj',= i' �1 Zoellner Construction Co., Inc 5 ,✓'Vi. 4 ArZS ci7 Ii (r Fidelity and Deposit Cflmakany of Marylandtl-� (Surety) yl;� (Title) S an M. Ste ski. -in- act By arrangement with the American Institute ofa Nati Association of Surety Bond Producers (ASBP) Lmmaimbp.m) makes this document availab4p to its members, affiliates, and associates in N ficrosoft Word format for use in the regu-k--W=z of usiness. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an allomey are encouraged before its completion, execution or acceptance. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Taffra S. HOLMAN, Barbara J. LFIAK Susan M. STEFANSKI, Dennis D. FLATNESS, Dennis W. LUTZ and Mark A. LATINI, all of St. Louis, Nfwwur4 EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed- and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of September, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND � aya�Vgof'' BAL — .,,, a7 tau = u eas log IMA s ate''..._ .+ _ `7• •T J •`.til "' _i-'sp �./�( f•.' _(, ••. Assistant Secretary Vice President t`ti's;a° `:. , , r': � '-.'4:. •C `, , :,<;. ::(r �. �...;�, t! Fir.:. •r••i. - Eric D. Barnes Jmnes M. Carroll :: c s }'. `; ` : ♦♦ t° </ " 'ti ` .•� �•}�'�•k, ,.. 'i:.rr �. -. 1. .r�; t.. State of Maryland City of Baltimore : •. Y d�I:.1.4j;:.i}'l;:r t;`I '•' r On this 7th day of September, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned"fAlV1F},S�' = CARROLL, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the indivitlna'�-and 9mcers" described in and who ciecuted the preceding instrument, and acknowledged the execution of same, and being by me duly swam, deposUh and saith, that be/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY VJIMEOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2015 POA -F 079-0973C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time.. CERTIFICATE L the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 20thy of February 20L. 13. �o scpny� � ��+►: wwcy ±�s gni eeM : �_ • 1 �= SEAL •i71' a.....060 4 f Thomas O. McClellen, Vice President Performance Bond CONTRACTOR: (Name, legal status and address) Zoellner Construction Co., Inc. 875 PCR500 Perryville, MO 63775 OWNER: (Name, legal status and address) City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 CONSTRUCTION CONTRACT Date: A&4f`01 1 'a. 01(513 Bond No. 09108387 SURETY: (Name, legal status and principal place of business) Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196-1056 (847) 605-6000 Amount: FIVE HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY- TWO AND NO/100THS $508,382.00 Description: Cape Rock and Howell Street Drainage Improvements (Name and location) BOND Date: M Qr v–h 0 13 (Not earlier than Construction Contract Date) , "'61nu FIVE HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY- rr/j,0,'t fA�TD NO/100THS $508,382.00 `Qdcatipns `to this Bond: x None ❑See Section 16 ri ;c> r •C r� CONT OTORAS'PRINCIPAL SURETY ;.,empf (CarporateSeao Company: ntruction Co., Inc. Fidelity and De os t Co jl c` ;Signature �� Signature: 3`lame ,� c r Name Susan M. S and Title: S frrr'� 5 e c �•e + /• and Title: ey-in- ct (Any additional signatures appear on the last age of this Performance Bon This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. L �L,� 'Aft as C�1f t o did •-� r � (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER OWNER'S REPRESENTATIVE: Architect En neer or other a Welsch, Flatness & Lutz, Inc. 08 N. 21s, Street St. Louis, MO 63103 (314)436-2399 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (wwwQAft.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. S 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. S 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's tight, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. S 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. S 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: S 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; S 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; S 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or S 5.4 Waive its tight to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. S 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (wwwnasbp.-01) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www nasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. S 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Domer shall be deemed to be Contractor S 16 Modifications to this bond are as follows (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate SeaO Company: (Corporate SeaO Zoellner Construction Co., Inc. Signature: Name and Title: Address: Signature: Name and Title: Address: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (wwwLmbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. Payment Bond CONTRACTOR: (Name, legal status and address) Zoellner Construction Co., Inc. 875 PCR500 Perryville, MO 63775 OWNER: (Name, legal status and address) City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 CONSTRUCTION CONTRACT Date: McirCn la, 9013 Bond No. 09108387 SURETY: (Name, legal status and prindpal place of business) Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196-1056 (847) 605-6000 Amount: FIVE HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY- TWO AND NO/100THS $508,382.00 Description: Cape Rock and Howell Street Drainage Improvements (Name and location) BOND Date: M A t✓h ,t o"1, 9013 (Not ear& 'Man Construction Contract Date) t SF ,HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY - unt: two AND NO/100THS $508,382.00 „z Mpdifictfoils to 6sAond. " x None ❑See Section 18 CONTtC �QIfSRINCIPAL SURETY CompsF s ' -' (Corporate Seal) Company: Zoelliie 1:o i€:fruction Co Inc. Fidelity a f Signature: Si ature: Name J J_ and Title: t5 i'4- CYef-V r Name Susan iM. a ki and Title: Attorney -in -Fact (Any ad bona! signatures appear on the last page of this Payment Bond.) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Seal) Maryland Ly P-0 tY.. t' •r �qr, � / --�'""". \fit , Q•.�e d f (FOR INFORMA77ON ONLY— Name, address and telephone) Ir' AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other par y:) Welsch, Flatness &Lutz, Inc. 08 N. 21st Street St. Louis, MO 63103 (314)436-2399 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www nasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following- 5.1 ollowing5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. By arrangement with the American Institute of Architects, the National Association of Suety Bond Producers (NASBP) (wwwnasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment famished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment famished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (wwwnasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: Space is pmvided below for ad&tional.agnatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seao Company: (Corporate Seao Signature Name and Title: Address: Signature: Name and Title: Address: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. ZURICH AMERICAN INSURANCE COMPANY ' COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Taffra S. HOLMAN, Barbara J. LEMM, Susan M. STEFANSKI, Dennis D. FLATNESS, Dennis W. LUTZ and Mark A. LATINI, all of St. Louis, Missouri, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of September, A.D. 2012. ATTEST: Br ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND u ocro"� r"u►i` ut SEAL ` e � -s� 1oz }O. 1YlaB +f Assistant Secretary Vice President Erie D. Barnes Janes M. Carroll State of Maryland City of Baltimore On this 7th day of September, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M. CARROLL, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .. I+..... `'Yc�: /� I """ ""' � �i�'�C�C'1 IC• : Vic, \C. Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 079-0973C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. this IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,; day of __. 20_ no � Ww� •r Thomas O. McClellen, Vice President Client#: 29362 ZOELLNER ACORD. CERTIFICATE OF LIABILITY INSURANCE DA"" CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ,°3'") THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endomemellt(s). PRODUCER CONTACT USI Insurance Services, Inc. 308 North 21st StreetAIC _ PHONE 314436-2399 AX N.I: 314342-7170 ADDRESS: Saint Louis, MO 63103 CUSTOMER ID M 314436-2399 INSURER(S) AFFORDING COVERAGE NAIL f 0/01/2012 INSURED 875 75 PCR 500 r Construction Co., Inc. 8PC INSURER A: Travelers Insurance Company INSURER 13: Hartford Fire Insurance Company INSURER c ` Perryville, MO 63775-8261 INSURER D: INSURER E : INSURER F: VV�GMVGJ l.CR11r14AlC MWIr16GK_ WMQAnu WN 1"M=O. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE POLICY NUMBER EFF MM/DDIYYYY) POLICY EXP IMMIDDIYYYYI LIMITS A GENERAL LIABILITY DTC00171TS08 0/01/2012 10/01/2013 EACH OCCURRENCE $11,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occLirtence S3OO OOO CLAIMS -MADE a OCCUR MED EXP (Any one Person) $5,000 PERSONAL &ADV INJURY $1000,000 GENERAL AGGREGATE $2,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 POLICY X JECT F1 PRO LOC $ A AUTOMOBILE LIABILITY DT8100171T508 1010112012 1010112013 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON -OWNED AUTOS $ $ A X UMBRELL.ALL42 X OCCUR DTSMCUP0171T508 10/01/2012 1010112013 EACH OCCURRENCE $3 000 000 EXCESS LIAR CLAIMS -MADE AGGREGATE s3,000,000 DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION DTCUB0171T508 101011201210/01/201 X WCSTATU- oTl+ AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ANY - WA E.L.EACH ACCIDENT $1,000,000 O RCER/MEMBERPARTEXCLUER/EXECUTIVEDED?r (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yesdescribe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMB $1,000,000 B Contractors 84UUMNMS000 0/01/2012 10101/2013 Leased/Rented Equipment Equipment Limit: $250,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: Cape Rock and Howell Street Drainage Improvements City of Cape Girardeau, Waters Engineering, Inc., Engineer's Consultants and any other persons or entities (See Attached Descriptions) City of Cape Girardeau, Missouri SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 401 Independence Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN pe ACCORDANCE WITH THE POLICY PROVISIONS. Cape Girardeau, MO 7649 AUTHORRED REPRESENTATIVE 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S251626/M247296 DMF DESCRIPTIONS (Continued from Page 1) identified in the Supplementary Conditions are included as additional insureds under general liability as respects work performed by the named insured where required by written contract. AMS Z5.3 (ZU09/119) Z of 2 #S251626/M247296 7e%C 1 \ICS ACORD, INSURANCE BINDERDATE T03/12/13 COVERAGEIFORMS DEDUCTIBLE THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER PHO,JCNNo Ext: 314436-2399 COMPANY BINDER # Travelers Insurance Company IPRS3C485433IND ac No 314 342-7170 USI Midwest, Inc. EFFECTIVE EXPIRATION DATO R MAGE P $ --- DATE TIME DATE TIME 308 North 21st Street PERSONAL & ADV INJURY $ --- X AM X 12:01 AM Saint Louis, MO 63103 03/12/13 12:01 -$ COMBINED SINGLE LIMIT $ 03/12/14 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ PM MEDICAL PAYMENTS $ NOON k THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #: CODE: SUB CODE: AGENCY 29362 CUSTOMER ID: DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY Indudin Location) ( 9 Cape Rock & Howell Street INSURED City of Cape Girardeau 401 Independence Drainange Improvements Cape Girardeau, MO 63703 OTHER THAN AUTO ONLY: UUVtKAUE5 LIMITS TYPE OF INSURANCE COVERAGEIFORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS BASIC FIBROAD r_1 SPEC ALIjFaIQ MED REPRESENTATIj;T , GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR Owners & Contractors RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE s3,000,000 DATO R MAGE P $ --- MED EXP (Any one person) $ --- X PERSONAL & ADV INJURY $ --- GENERAL AGGREGATE $ 3,000,000 Liability PRODUCTS - COMP/OP AGG $ --- AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS -$ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ k UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE STATED AMOUNT $ OTHER GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF-INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL Designated Contractor: Zoellner Construction, Co., CONDMONS/ OTHER Inc. COVERAGES FEES $ TAXES $ ESTIMATED TOTAL PREMIUM $ NAME 81 ADDRESS ru.VMLj rQ tcwTru1) T vT c iiT1504s NUIt: IMPUKIAN I s [Ale INFORMATION ON REVERSE SIDE RLE © ACORD CORPORATION 1993 MORTGAGEE LOSS PAYEE ADDITIONAL INSURED LOAN # ALIjFaIQ MED REPRESENTATIj;T , ru.VMLj rQ tcwTru1) T vT c iiT1504s NUIt: IMPUKIAN I s [Ale INFORMATION ON REVERSE SIDE RLE © ACORD CORPORATION 1993 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2001/01) 2 of 2 #13543