HomeMy WebLinkAboutRes.2768.07-01-2013BILL NO. 13-91
RESOLUTION N0. °'
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH TOM BEUSSINK
EXCAVATING, INC., FOR THE EXTENSION OF THE
LASALLE WATER MAIN, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Tom Beussink Excavating, Inc., for the extension
of the LaSalle water main, from Baldwin Drive to Veterans
Memorial Drive, in the City of Cape Girardeau, Missouri. A copy
of said Agreement is attached to this Resolution and made a part
hereof.
e
PASSED AND ADOPTED THIS DAY OF 2013.
Ha y E. ediger, Mayor
ATTEST:
al
t
Gayle, onrad, City Cle
CITY OF CAPE GIRARDEAU
LaSalle Water Main Extension
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the —00nd day of in the year
2013 by and between the City of Cape Girardeau, Misso,4(6etiinafter called OWNER)
and Tom Beussink Excavating Inc_ (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
Contractor shall furnish and install approximately 2,750 linear feet of 12" diameter
water main along the south side of LaSalle Avenue from Baldwin Drive to Veterans
Memorial Drive, together with all fittings and other appurtenances, as indicated in the
project plans and specifications.
Article 2. ENGINEER.
The City Engineer or his or her 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 90 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 105 calendar days after the date when the Contract
Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER $700.00 for each day that expires after the
time specified in paragraph 3.1 for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $700.00 for each day that expires after the time
specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 below:
4.1 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 quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: One hundred forty-five thousand five hundred sixty-
six dollars 00/100-------------------------------------------------------------------- ($145,566.00 )
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments, Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5. 1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5. 1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to OWNER and 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,
M
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data". .
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
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
A-3
contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7 inclusive).
8.2 Exhibits to this Agreement (pages BF -1 to BF -8 , inclusive as revised for Addendum
# 1).
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
A-4
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF -1 to BF -8 , inclusive as revised in Addendum #
1) 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).
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
M
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
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 , 2013 (which is the
Effective Date of the Agreement).
OWNER C
r. C
[CORPO
Attest �
Gayle
e Girardeau CONTRACTOR Tom Beussink Excavating Inc
a^
tanager
By: - -
S Lj [CORPORATE SEAL]
Nva,
bvAttest
d, City Clerk
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.
Address for giving notices
1617 County Road 465
Jackson, MO 63755
License No.
Agent for service of process:
_ (If CONTRACTOR is corporation,
attach evidence of authority to sign.)
A-7
EXHIBIT A
CITY OF CAPE GIRARDEAU
Water Main Extension
Baldwin Place to Veterans Memorial
Drive Phase I
in.the City of Cape Girardeau, Missouri
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The improvement consists of
Furnishing and Installing approximately 2,750 linear feet of 12" diameter
water main along the south side of LaSalle Avenue from Baldwin Drive to.
Veterans Memorial Drive, together with all fittings and other appurtenances,
as indicated in the project plans and specifications...
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:
BIDFORM BF -1
CITY OF CAPE GIRARDEAU, MO
Water Main from Baldwin Drive to Veterans Memorial Drive Phase I ITB: JUNE 9, 2013
Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date)
—.;z a — / 3
(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
BIDFORM BF -2
CITY OF CAPE GIRARDEAU, MO
Water Main from Baldwin Drive to Veterans Memorial Drive Phase I ITB: JUNE 9, 2013
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 not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
(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
(j) 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):
BIDFORM BF -3
CITY OF CAPE GIRARDEAU, MO
Water Main from Baldwin Drive to Veterans Memorial Drive Phase I ITB: JUNE 9, 2013
UNIT PRICE BID
ITEM
DESCRIPTION
UNIT
QUANTITY
UNIT
TOTAL
NO.
1
General Contract Requirements, Mobilization and Demobilization
LS
1
PRICE a
,'j l70
;jt30�
2
Furnish and Install Temporary Erosion Control
LS
1
ObC�
odd a"
3
Furnish and Install Full Panel Replacement on LaSalle Avenue
SF
1014
c
7
yah
4
Furnish and Install Full Panel Replacement on Veterans Memorial Drive
SF
918
5
Furnish and Install Compacted Granular Backfill
Ton
144
I (ob
6
Furnish and Install 12" dia. C-900 PVC Pipe
LF
2502
�,2 7-P
7
Furnish and Install 12" dia. Ductile Iron Pipe
LF
150
s
06p �
8
Connect 12" dia. Watermain Extension to Existing Watermain
LS
1
l4
aso
Furnish and Install 12" dia. 45' Mechanical Joint Ductile Iron Pipe Bends
.may
9
with Thrust Block
EA
4
yQ0
10
Furnish and Install 12" dia. 111/4 Mechanical Joint Ductile Iron Bend
EA
2
pry
11
with Thrust Block/Restraint
Furnish and Install 12"x12"x6" Mechanical Joint Ductile Iron Pipe Tee
EA
1
3 00
00'�
12
Furnish and Install 12"x12"x12" Mechanical Joint Ductile Iron Pipe Tee
EA
3
4/0'a
13
Furnish and Install 12" dia. Mechanical Joint Transition Coupling
EA
2 .
3 do
co�p0
14
Furnish and Install 6" dia. Hydrant Assembly
EA
7.
00
600
15
Furnish and Install 12" Gate Valve
EA
8
000.E
'a".7 i�.
16
Furnish and Install End Cap and Thrust Blocking
EA
4
17
Furnish and Install Restraint Joints Connections on PVC Pipe
EA
4
'900 -40
18
Furnish and Install Full Depth Saw Cut Entrance and Replace (36" Wide)
LF
22.5
;L
19
Furnish and Install Compacted Fill
CY
258
y -
-'j DU `
Seed and Mulch
AC
0.4
0.720
011to
_-f 91-
Total Amount: (Number) $ y.��
(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.)
BIDFORM BF -4
CITY OF CAPE GIRARDEAU, MO
Water Main from Baldwin Drive to Veterans Memorial Drive Phase I ITB: JUNE 9, 2013
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 payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work as defined in the Job Special Provisions will be
substantially Complete within Ninety (90) calendar days after the date when the
Contract Times commences to run as provided in paragraph 2.3 of the General Conditions,
and fully completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within One -Hundred five (105) calendar days after the date when
the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check.
(b) Any Addenda issued.
(c) Exhibit Affidavit of Work Authorization
(d) Exhibit Affidavit of Excessive Unemployment (if applicable) --
(e) The E -Verify Program for Unemployment Verification Memorandum of Understanding
hftp://www.uscis.gov/files/nativedocuments/MOU.pd
( Exhibit Affidavit of OSHA Training
(g) 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.
0.. -Communications concerning this Bid shall be addressed to:
Name 1 t5112 & SS ��ti k
Address 16 / i 7 6
(a) Performance and Payment Bonding Company
Name Tpj 51,jwaCe �a
Addressc 1-: z! 9 A ; y
BIDFORM BF -5
CITY OF CAPE GIRARDEAU, MO
Water Main from Baldwin Drive to Veterans Memorial Drive Phase I ITB: JUNE 9, 2013
Agent\Power of Attorney Name (if used)
Address
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 , 2013.
State Contractor License No.
IF BIDDER is:
An Individual
By (SEAL)
(Individual's Name)
tininn h{ icinPsc ac
Business address:
Phone No.:
A Partnership
By (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporationr�
By 7—Din l� C H SS, ink C� v �'F •-k� r► C (S
(Corporation Name)
SSGf',;-
(State of Incorporation)
By 5-k (S
(Name of Person AutFiorized to Sign)
Business address:
BIDFORM
CITY OF CAPE GIRARDEAU, MO
Water Main from Baldwin Drive to Veterans Memorial Drive Phase I
. ""t; rs...
t
i a'
BF -6
ITB: JUNE 9, 2013
Phone No.: J� % — '�z Y3— Q o`z (2
Date of Qualification to do business is 6 —(a— %g 9 !
A Joint Venture
By (SEAL)
(Name)
By
(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.)
BIDFORM BF -7
CITY OF CAPE GIRARDEAU, MO
Water Main from Baldwin Drive to Veterans Memorial Drive Phase I ITB: JUNE 9, 2013
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:
>ti j6 G rl -(0-(
It is anticipated that the following subcontractors will be employed for work on this project:
*SUBCONTRACTORS:
(Name of Company) (Type of Work)
Frpneidrzys-ef— Cohere -Ae
*All subcontractors shall be registered with the Missouri Secretary of State in order to work
on this project.
BIDFORM BF -8
CITY OF CAPE GIRARDEAU, MO
Water Main from Baldwin Drive to Veterans Memorial Drive Phase I ITB: JUNE 9, 2013
E -Verify E-JEAIFY IS 1. SE;VWZCE OF DD S
Company ID Number. 231544
THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE 1
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Tom Beussink Excavating, Inc. (Employer)
regarding the Employer's participation in the Employment Eligibility Verification Program (E -
Verify). This MOU explains certain features of the E -Verify program and enumerates specific
responsibilities of DHS, the Social Security Administration (SSA), and 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.
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. 104-208, 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 contracts 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 .
SA
1. SSA agrees to provide the Employer with available information that allows 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 to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E -Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E -Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E -Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E -Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(x)), and SSA
regulations (20 CFR Part 401).
Page i of'131E-Ve,6'i MOU for Employer{Revision Dai? 1029M
-E-Verif
.., IM E -VERIFY I5 A SERVICE oP DMS
Company ID Number. 231544
To be accepted as a participant in E -Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E -Verify at 888-464-4218.
Employer 'Tom Beussink Excavating, Inc.
Thomas Buessink
Name (Please Type or Print)
Electronicalty Sinned
Signature
Department of Homeland Security -Verification Division
USCIS Verification Division
Name (Please Type or Print)
0712012009
Date
%ectrcanlcaffy S1�ned 07/2012009
Sig -nature Date
1}age 11 of 13,11-%'erif t. ;tor Em oyer P2;is on G2tc 10129,C-8 Tw " .g D`; t - r` `
- erg
Wanda F Eggemeyer
- T''
E-vSRIFY I- A
SERVICE OP PNS
Company ID Number. 231544
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name:
Wanda F Eggemeyer
Telephone Number.
(573) 243 - 0265
E-mail Address:
wandafe@iotmail.com
Name:
Thomas L Buessink
Telephone Number.
(573) 243 - 0265
E-mail Address:
wandafe@hotmail.com.
Fax Number. (573) 204 -1214
Fax Number: (573) 204-1214 .
Page 13 of 13!E -Verify MOU for EripojeriRevistor? Date 1OL79M V,1V :h7.- .=, t3L'I_s-`� wC �
JUL-24-2009 02:19 From: 15732040960 To:3352096 P.3
Affidavit of Compliance with Suction 202.575 RSMo, Et Seq.
Far any Public Works Pr+ojed ConbimA
EffeW" August 26, =9
STATE OF Missouri }
sa.
COUN Ty OF Cape Girardeau)
Before ma, the undersigned Notary Public, in and for the County of Cape Girardeau,
Stoic of Mi_Gsouri , paw=Uy appeared Tom Beuagink- (Name)
who is President (77tk) of Tom FAt-ii-g-ginIc Pyrnl4at-ijary T=_
(Mama ofcompany),(s corp on), (a pm n*), (a sole pmptidond ip), (a giaftd
liability company), and is w6orized to make tins affidavit, and bring duly sworn upon
oath deposes and says as *Hows:
(1) that said company has vaified the completion of a 10 -homy aonstnu tiou safely
pmgrem wj* resped to the employees wodmg in connection with the
contracted saviors.
The terms used in this affidavit $hall have the meaning sd fix* in Sections 292.675
RSMo, at seq.
S'
Name: 'Epi.
Subscribed and sworn to before me this i 0-t day of
Notary Public
PATRICIA A TALLY
MI commission cx 02 25 12 PuFm Isom seal
y picas: � f _ sT TE OF MISSOURI
Cape Chffdeau firm 0�
My 2-25-92
A orad meat I page 4 of 4
SP -20
Affidavit of Compliance with Section 285.530 RSMo. Et Seq.
For all agreements in excess of $5,000.00
Effective January 9, 2009
State Of
APCounty Of ;
Before me, the undersigned Notary Public, in and for the County of��,
State of 1 r SSLs
f , personally appeared f� ,., �u s t (Name)
who is re 5 i d erg f(Title) of j Name o
company), (a corporation), (a partnership), (a sole proprietorship), (a limited ebility company),
and is authorized to make this affidavit, and being duly sworn upon oath deposes and says as
follows:
(1) That said company is enrolled in and participates in a federal work authorization
Program with respect to the employees working in connection with the contracted
services; and
(2) That said company does not knowingly employ any person who is an unauthorized
alien in connection with the contracted services.
The terms used in this affidavit shall have the meaning set forth in Section 285.500 RSMo, et
seq.
Documentation of participation in a federal work author tion program . attached to this
affidavit
Si re
Name- t4c1'( _<_ 5,/,
Subscribed and sworn to before me this day of
otary Public
MyAL -AL
cUminission expires: ) PATRI: iA Lt=Ei,H
/ Notary Public - Notary seat
Of Missouri - Courrty of Cape Girardeau
My Commis�orr E)ire6A ,5, 2013
Rev. SP - 19
C ' 1TY0fCAPE
G1 RAR D E A D
Certification Regarding
Debarment, Susgension and Other Responsibility Matters
t - •.. its .tl . . - - .It,. 6 .f Ai • as,
rM
.q . ts. . • .O . .R . N - .. t . .
(a) Are not presently debarred suspended, proposed for debarment, declared meligiible or
. vohmta6ly e=luded from covered transactions by any Federal or State department or agency,
- not ,. it 111 :- .1 period. . -e.1 • tl proposal .::IIconvicted of or had .
judgment - 1/renderedagainst:„ them . .., t1 Y . I of 1 .! . . alt t . offenset
connection t1 • . Y.Itt t • .i11- 3 ■11 • to obtain • . - / • ul t • public (Federal, State •
• t .it t.1 •contract:111 .:f public 1 .11 MI •, violation • Fedmal
or State
•17 t
statutes•commission of embezzlement N ' : forgery, .. . - Y. Y • .':t . 1 or destruction
•
rec"ds,mak-in fidse statements or receiving t• :f/ • ..:i
■ • presently nt 11 1 f.1 11 or othermse criminallyor charged • e■ . • govemment
:ltltt (Fedeml,Y.11- or Local)N commLsdon of any of the • : - 1 w enumerated 11
• lkve not within a hl ► • is penod. preceding 11 i . • 1 • had • • 1 - or It • - public
transactions (Fedeml, State
or • ✓.terminatedforcauseor defimlt
I understand that a €wise 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 $10,000 or imprisonment for up to five (5) years or
both.
• . i's .911 I . • Ills . ■ J:t ' - . r :it/I:Is • -
/rte
Bate
a,■ .t■ :. - 1• ra H 7• !t - ... v:n:317 :it7 an a7 .n u. .nv. ,■ �.
Ti>E CINCINNATI INSURANCE COMPANY
CINCINNATI, OHIO
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, thatwe Tom Beussink Excavating Inc
as Principal, hereinafter called the Principal, and THE CINCINNATI INSURANCE COMPANY, a corporation duly
organized under the laws of the State of Ohio, as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Cape Girargeau, MO
as Obligee, hereinafter called the Obligee, in the sum of 5% of bid
Dollars ($5% of bid ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Water Main Extension
NOW, THEREFORE, if the Obligee shat( accept the bid of the Principal and the Principal shat( enter into a
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bi
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payi
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and g
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amoun
bid and such larger amount for which the Obligee may in good faith contract with another party to perform the woo
bid, then this obligation shall be null and void, otherwise to remain in full force and effect. ia:
Signed and sealed this 25 day of June, 2013 ^�
W
thew)
Tom Beussink Excavating Inc
t ->f -is
(Principal)
By:
(Tilley
Printed in cooperation with the American Institute of Architects (ALA), by The Cincinnati Insurance Company who vouches that the
language in this document conforms exactly to the language used in AIA Document A310, February 1970 ED.
S -2000 -AIA (4/99) PUBLIC
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
PONTYTR OF ATTORNEY
KNOW ALL MEN BY THESE PRESENT'S: That THE CINCINNATI INSURANCE COMPANY, a. corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
William C Talley, Patricia A Talley, Nathan L Brown, Michael S Stanfield, Joseph M Stahly, Jonathan M Stahly, Douglas E Mueller, Alicia D Seabaugh,
of Cape Girardeau, MO its true and lawful Attorney(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Twenty Million Dollars and 001100 ($20,000,000.00)
This appointment is ,made under and by authority of the following resolution passed by the Hoard of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting„ on the 611 day of December, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any bice President be hereby authorized, and empowered to appoint Attorneys -in -
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the r day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may bre affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company_"
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seat, duly attested by its dice President this 101 day of May, 2012.
0-5--4'k.
THE CINCINNATI INSURANCE COMPANY
STATE OF OHIO j ss:
COUNTY OF BUTLER )
Vice President
On this 10" day of May, 2012, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY,
to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate
seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the
authority and direction of said corporation-
V.- __N1
`O MARK J. H LLER, Attorney at Law
Sri A � NOTARY PUBLIC - STATE OF OHIO
+%, r (YC MY commission has no expiration
fpftE �{! date. Section 147.03 O.R.C.
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in full force and effect.
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
this day of
t--V
t
onto
BN -1005 (5/12)
--/,, /�7 aa?'
Assistant Secretary
B-9116571
THE CINCINNATI INSURANCE COMPANY
Performance Bond
CONTRACTOR (Name, legal status and address):
Tom Beussink Excavating Inc
1617 County Road 465
Jackson, MO 63755
OWNER (Name, legal status and address):
City of Cape Girardeau, MO
401 Independence St.
Cape Girardeau, MO 63703
CONSTRUCTION CONTRACT
Date:
Amount: $145,566.00
Description (Name and location):
LaSalle Water Main Extension
SURETY (Name, legal status and principal place of business):
THE CINCINNATI INSURANCE COMPANY
6200 S GILMORE ROAD
FAIRFIELD, OHIO 45014-5141
BOND, Y.
"�A(u',' L/�'J'-
V -A O� �� 6
e (Not earlier than Construction Contract Date):A ,
U.i��ti °ice .
,. t�inogrot: $145,566.00
C4r�iiift�tons to this Bond: ❑ None
1 +(gyp w j
TRACi7"(tR AS PRINCIPAL SURETY
Y
AMY., `" (Corporate Seal) Company:
,rgrp 6eassink Excavating Inc THE CINCINNATI
Signature: Signature:
Name and Title: %—d �' f;,9 `` 3 5 i ht 463'-/It4ame and Title:
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER:
W.E. Walker-Lakenan, L.L.C.
P.O. Box 733
Cape Girardeau, MO 63702
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.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, info one form.
This is not a single combined
Performance and Payment Bond.
❑ See Section 16
OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
The Company executing this bond vouches that this document conforms to American Institute of Architects Documert A312, 2010 Edition.
S -2100 -AIA -A312 (11/10) PERFORMANCE BOND Page 1
u
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.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this
Bond, except when applicable m participate in a conference as provided in Section 3.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner fust 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 right, 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.
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.
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:
5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself; through its agents or independent contractors;
53 Obtain bids or negotiated proposals from qualiifed 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, b be secured with performance and payrmntbonds executed by a qualfied
suretyequivalentto flee bonds isswd on be Constructbn Contract, and pay to the Owner the amount of damages as described in
Section 7 in excel, ofthe Balance ofthe CbntractPrice incurred by the Owner as aresult ofthe CbntractorDefault; or
5.4 Waive its right 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.
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.
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition
S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 2
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 hers,
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 the signature appears.
13 When this Band 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 fiunished, the intent is that this Bond shall be construed as a statubry bond and notas a
common hw 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 the 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.
14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
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 Owner shall be deemed to be Contractor.
The Company exeaiting this bond vouches that this document conforms to American Institute ofArchitects Document A312,2010 Edition.
S -2100 -AIA -A312 (11/10) PERFORMANCE BOND Page 3
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 Seal) Company: (Corporate Seal)
Tom Beussink Exca
Signature: Signature:
Name and Title: j"► f� `` S i`�f�f Name and Title:
Address: 16 17 s— Address:
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A3M 2010 Edition.
S -2100 -AIA -A312 (11/10) PERFORMANCE BOND Page 4
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
William C Talley, Patricia A Talley, Nathan L Brown, Michael S Stanfield, Joseph M Stably, Jonathan M Stably, Douglas E Mueller, Alicia D Seabaugh,
of Cape Girardeau, MO its true and lawful Attomey(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Twenty Million Dollars and 00/100 ($20,000,000.00)
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6'h day of December, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7'b day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company"
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Vice President this 101 day of May, 2012.
THE CINCINNATI INSURANCE COMPANY
v CORPORATE 9
SEAL ,'
onia ,4 A'
STATE OF OHIO ) ss: Vice President
COUNTY OF BUTLER )
On this 106' day of May, 2012, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY,
to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate
seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the
authority and direction of said corporation.
14�0A�1J1a1
— 1_14ML
-(/
iQ MARK J. H LLER Attorney at Law
NOTARY PUBLIC - STATE OF OHIO
W. of 9% My commission has no expiration
date. Section 147.03 O.R.C.
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that die said Power of
Attorney is still in full force and effect.
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
this day of
,Sed
u CORPORATE 3
SEAL
t
oN a
BN -1005 (5/12)
_A7 -dailt
Assistant Secretary
B-9116571
TBE CINCINNATI INSURANCE COMPANY
Payment Bond
CONTRACTOR (Name, legal status and address):
Tom Beussink Excavating Inc
1617 County Road 465
Jackson, MO 63755
OWNER (Name, legal status and address):
City of Cape Girardeau, MO
401 Independence St.
Cape Girardeau, MO 63703
CONSTRUCTION CONTRACT
Date: �� a , `� (� ► 3
Amount: $145,566.00
Description (Name and location):
;;LaSalle Water Main Extension
SURETY (Name, legal status and principal place of business):
THE CINCINNATI INSURANCE COMPANY
6200 S GH MORE ROAD
FAIRFIELD, OHIO 45014-5141
,r',`k`��y�eua rsressssssftt�
'` atm lljof earlier than Construction Contract Date): oat 01013
•ro. Y. • '� � � �`�' $145,566.00
.� ' s�• � � t ali
'•AlfevO9' RAC
Company:
Tom Beussi
Signature:
Name and I
(Any additii
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.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, info one form.
This is not a single combined
Performance and Payment Bond.
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
W.E. Walker-Lakenan, L.L.C. or other party):
P.O. Box 733
Cape Girardeau, MO 63702
The Company executing this bond vouches tial this document confirms to American Institute of Ardutects Document A31Z 2010 Edition.
S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 5
1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment finished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terns.
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 perfoance of the Construction Contract, then the Surety and the Contractor shall have no
obligation under this Bond -
3 If there is
ond.3Ifthereis no Oviner Default underthe Constructbn Contract, the Surety's obligation b the Owner under his Bond sha11 arise
after the Owner has promptly notified 1he Contractor and the Surety (atthe address described in Section 13) of claims,
demands, lens or suits against he Owner or the Owner's piDperty by anyperson orentity seeking paymentfor labor, materials
or equipment f n-nishedforuse in the perfirmance ofthe Construction Contact and tendered defenseof such claims, demands,
liens or suit, to the Contractorand the Surely.
4 When the Owner has satisfied he conditions in Section 3, the Surety shall promptly and at the Surety's expense defend,
indemnify and holdharmless the Ovneragainsta duly tendered claim, demand, lien orsuit.
5 The Surety's obligations b a Claimant under this Bond shall arise after the following:
5.1 Chimants,who do not have a dioct contractwith file 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 employe i by or have a direct contract with the Cbntractor, have sent a Claim to the Surety (at the
address described in Section 13).
6 If a notice ofnon-paymentrequired by Secton 5. 1.1 is given by he Owner to the Contractor, that is sufficient to satisfy a
Claimant's obligation b furnish a written notice ofnon-paymentunder Section 5.1.1.
7 When a Claimanthas satisfied the conditons ofSections 5.1 or5.2, W icheveris applicable, the Surety shallpromptiy and at
the Surety's expense take the following actions:
7.1 Send an answerto the Claimant, with a copy b the Owner, within sixty (60) days after receiptof the Claim, stating fie
amounts that are undisputed and the basis forehallenging anyamounts thatare disputed; and
7.2 Pay or arrange forpayment of any undispWd amounts.
73 The Surety'sfailure b discharge is obligations under Sectbn 7.1 orSection 7.2 shall not be deemed toconstitate a vaiver
of defenses the Surety orContractormay have oracquire as to a Claim, except as b undisputed amounts forwhich the Surety
and Claimant have reached agreement If, however, the Surety fails b discharge its oblgafions under Section 7.1 orSection
7.2, the Surely shall indemnify the Chimantforthe masomble attorney's fees flee Claimantincurs thereaftr to recover any
sums Bund b be due and owing b the Claimant
8 The Surety's total obligation shallnot exceed the amount ofthis Bond, plus the amomt ofreasonable atbmey's fees provided
under Sectim 7.3, and the amoint ofthis Band shallbe credited fir any paymmnts mach in goodfaith by the Surety.
9 Amounts owed by the Owner to the Contactor under he Construction Contractshall be used for the performance ofthe
Construction Cbntract and b satisfy clains, if any, underany constructbn performance bond. BI the Cbntractorfurnishing and
the Owner accepting this Bond, they agree thatall funds earned by be Contractor in the perbrmance ofthe Contraction
Contract are dedicated to satisfy obligations ofthe Cbntractorand Surety under this Bond, subject to the Owner's priority to use
the funds forthe completion of the work.
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition.
S -2150 -AIA -A312 (11110) PAYMENT BOND Page 6
10 The Suretyshall not be fable b the Owner, Claimants orothers fir obligations of the Contractorthatare unrelabd to the
Construction Contract. The Owner shall notbe liable forpayment ofany costs orexpenses ofany Claimantunderthis Bond,
and shall have under this Bond no obligators b make payments b, or give notice on behalfif, Claimants orotherwse have
any oblgations to Claimants undr this Bond
11 The Suretyhereby waives notice ofany change, including charges oftime, to the Constructnn Contract or In related
subcontracts, purchase orders and otherobligations.
12 No suit or action shall be commenced by a Claimant under this Band 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 fiumished, 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 famish 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 furnished;
.5 the date on which the Claimant last performed labor or last furnished 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 furnished 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 the Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
The Company executing this bond vouches that this document conknmm to American institute of Architects Document A312, 2010 EditionS
S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 7
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 provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company. (Corporate Seal) Company: (Corporate Seal)
Tom Beussink Excavating Inc
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A3A 2010 Edition.
S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 8
+ I W
THE CINCINNATI INSURANCE CONIPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
William C Talley, Patricia A Talley, Nathan L Brown, Michael S Stanfield, Joseph M Stahly, Jonathan M Stahly, Douglas E Mueller, Alicia D Seabaugh,
of Cape Girardeau, MO its true and lawful Attorney(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Twenty Million Dollars and 00/100 ($20,000,000.00)
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6' day of December, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company_^
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7" day of December, 1973_
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Vice President this 101 day of May, 2012.
y te11y�
CORlOItATE THE CINCINNATI INSURANCE COMPANY
c3e a
1 SEAL ti
ONto
STATE OF OHIO ) ss: vice President
COUNTY OF BUTLER )
On this 101 day of May, 2012, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY,
to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate
seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the
authority and direction of said corporation.
O� MARK J. H LLER, Attorney at Law
y NOTARY PUBLIC - STATE OF OHIO
M commission has no expiration
Y p
+0++', date. Section 147.03 O.R.C.
1, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in full force and effea
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
this day of
u C�IPOR�ITE
SEAL
Dn�o
BN -1005 (5/12)
/�? da,
Assistant Secretary