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HomeMy WebLinkAboutRES.2454.05-18-2009 BILL NO. 09-93 RESOLUTION NO. c_jL��� A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC. , FOR THE MT. AUBURN WIDENING PROJECT, 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 Interim City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Lappe Cement Finishing, Inc . , for the Mt . Auburn Widening Project from Independence Street to Kingshighway, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached to this Resolution and made a part hereof . �' Xl PASSED AND ADOPTED THIS _1��� DAY OF , 20 ��. � l ay . Knudtson, Mayor ATTEST: _ , 4�'�"1���9 ; ��' �'r /, �;� w -.., � Gayl L. Conrad, City Clerk O O ,_ �� � �-0�, rv *TxE vrrio * ,g�L r ti ` �� ► CITY OF CAPE GIRARDEAU MOUNT AUBURN ROAD WIDENING INDEPENDENCE STREET TO KINGSHIGHWAY STANDARDFORM OFAGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the IJ f� day of .�i�.✓�� in the year 2009 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and �p�e Cement Finishinq, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Work to be performed under these Contract Documents shall consist of the construction of street improvements on Mt.Auburn Road which consist of widening the existing street from 44' to 59', removal and replacement of storm sewer, construction of segmental block retaining walls, sidewalk construction and 1%z" asphalt overlay, and any other related construction items as stated in the Specifications or shown on the Project Plans prepared by Bowen Engineering & Surveying, Inc. and Dated April 2009. 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 Three Hundred and Thirty ( 330 ) 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 Three hundred and Sixty ( 360 )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. A-1 r j 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 ($1000.00)for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER,CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.1 below: 4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: �o million four hundred five thousand five hundred fourteen dollars and twenty cents ($ 2,405,514.20 ) 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. Unit prices 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. 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 A-2 r j progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and 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 in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations,tests,studies and data concerning conditions(surface, A-3 ,. �1 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 6 inctusive). 8.2 Exhibits to this Agreement (pages _to_, inclusive). 8.3 Performance, Payment, and other Bonds, identified as Exhibit_and consisting of_ pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). 8.6 Supplementary Conditions (pages SC-1 to SC-4 , inclusive). 8.7 Specifications bearing the title MOUNT AUBURN ROAD W/DEN/NG INDEPENDENCE STREET TO K/NGSHIGHWAY 8.8 Drawings bearing the title MOUNT AUBURN ROAD W/DEN/NG INDEPENDENCE STREET TO KINGSHIGHWAY 8.9 CONTRACTOR's Bid (pages BF-1 to BF-6, inclusive) marked Exhibit A . 8.10 Documentation submitted by CONTRACTOR prior to Notice of Award (pages_to_ inclusive). 8.11 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, A-4 . , 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. 8.12 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. These must be provided on a weekly basis. 8.13 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.qov/portal/site/uscis 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 or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-5 .� ,' IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in muitiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and four counterparts to the OWNER. All portions of the Contract Documents have been signed,initialed o� identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on .St�ne_ �5 , 2009 (which is the Effective Date of the Agreement). OWNER Citv of Cape Girardeau, Missouri CONTRACTOR Lappe Cement Finishinq, Inc. Ken Eftink, Interim City Manager Q ^ ,� ,- � ' � , �� : � ��. �S • 7a f,�`f''�... �i� �!� ��s1RARD�,� ���t ,�F`' .4° �'4 t, �- � �"�`� � � O � �''j, ..� � ry� L. � � , � J �. j� n �L ' O � '� '' o a� , � �`� � �- �. >'' ;r%, �, ATE SEALj [CORPORATE SEA ,,'� � - �'.► ��_��y, ti / � *����h�,°��� Attest � S F.Ati or giving notices Address for giving notices 401 Independence Street 8064 Highway B Cape Girardeau MO 63703 Perryville Mo 63775 (If OWNER is a public body, attach License No. v� ]��3 evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-6 . ; EXHIBIT A CITY OF CAPE GIRARDEAU MOUNT AUBURN ROAD WIDENING INDEPENDENCE STREET TO KINGSHIGHWAY CONTRACTOR'S BID FORM PROJECT IDENTIFICATION: The Work to be performed under these Contract Documents shall consist of the construction of street improvements on Mt. Auburn Road which consist of widening the existing street from 44' to 59', removal and replacement of storm sewer, construction of segmental block retaining walls, sidewalk construction and 1%2" asphalt overlay, and any other related construction items as stated in the Specifications or shown on the Project Plans prepared by Bowen Engineering & Surveying, Inc. Dated: Apri12009. THIS BID IS SUBMITTED TO: City of Cape Girardeau, Missouri 401 Independence Street Cape Girardeau, MO 63703 1. The undersigned BIDDER proposes and agrees, if this 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 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 Addenda receipt of all which is hereby acknowledged: Addenda Number Date of Addenda � (rlav '`d.aooq (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. BF- 1 � ; (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing � surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and 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 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. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): BF - 2 MAY-11-2009 �8�2r CITY OF CAPE GIRARDEAU 573 651 026a P.�S ' '. ' ' - Lappe �emenk Finishir�g, inc. � - . 8� Hwy. B Perryvitle, MO 63775 REVifiED L1NIT PRICE gID NI�UNT AUBURN ROAD WIDENING INDEPENDENCE STREET TO KINGSHIGHWAY ESTIMATED �S�"IIVlA7ED ITEM UNIT QUANTITY UNIT PRiCE PRlCE Mount Auburn F�oad Quantities 1 TRAFFIC CONTRQL L.S. 1 �_��� $ 3 l0� � 1 O•�� 2 EROSION CONTRQL-SILT FENCE L.F. 2,281 $ CaI• �5 $ ID� O�`i �5 3 EROSION CdNTR(�L-DITCH CHECK EACFf 4 $ OZO�•Q� $ gOO�� 4 EXCAVATIOM C.Y. 70,550 � J'`- �� �a�.�i"���� 5 E�,tBANKMENT C.Y. 2,850 $ 5. �� � �SF��9.�� 6 SEGMENTAL BLOCK RETAINI►VG WALL S.F. 2,627 $ a�0_�3� $ (p O9���� 7 REMOVAL OF EXIS7WG 1MPR4V�MENTS L.S. 1 $ 135�55D.0° a �3�j,550"a 8 TF{EE R�M�VAL EACH 18 � �-I�O•� $ ���O •� 9 SHRl1B R�MOVAL �S 1 � �,d���•� $ ��.a.10� � 10 3'x3'JUNCTION MANH�LE EACH 9 � a����•� $ __�.��D•�� 11 4'X4'.IUNCTION MANHOLE EACH 3 � ��1 a�D•°� $ ���1D�� 1� 5'X5'JUNCTI�{�#MANHOLE EACH 4 $ 3��'� $ ,et�bC�•� Oo t70 13 6'X3'DOUBLE COMBINATIDN INLET EACH 15 � �?J�• $ �'� 14 8'X9'DOUBLE GOMBINAl"tON INLE7 �ACH 6 $ 3��•� $ ��,aOO:� 15 9'X3'TRIPI.�COMBINATION 1NLET EACH 6 $ 3���•O° � ;�.� ,l��•� 9 B 9'X5'TRIPLE COMB[NATION iN�ET EACH 2 �" �,I I D� � O•� 17 8'X7'TRIPL�COMB(NATION iN�E7 EACM 4 $ y�(y� �.00 � � g'�� na 18 9'X9'TRIPLE COMBINATION INLET EACH 2 $ y��D�� � q �a��� oD 00 19 3'x3'AREAINLET F_ACH 3 $ `��' � ��• �0 42"R.C.P. CLASS III L.F. 20 $_.__._(._(.:�_ $...����b.°� 21 36"R.C,P.CLASS II I L.F. 34.5 $ 7�• $ o�F J�5�. 22 24"R.C.P_ CLASS III LF. 572.53 � �Oo��95 ���h��,b 23 18" R.C,P. GLASS III L.F. 92.5 $ ��•f 0 $ ���OtD.�� 24 1$"R.C.P. GLRSS III L.F. 259.� $ �o�• +5 � ��, ��•,3 2� 8'FLlaRED END SECTION,42' R.C.P.CLASS III EACH 1 $ 'll�3.'r� ��3�50 2fi 8'FLARED ENO SEC710N,36' R.C.P. CLASS ill EACH 2 � 3 a� •3� S o�, (o5�.°O 27 6'FLARELI ENQ SECTIOfV,24" R.C.P.GLA55 II1 EAGH 3 $ �� 1•5� S ���� ,'S� 2B 6'FLARED END SECTION, 18°R.C_P.CLASS III EACH 3 � 7 oZ�•� S oZ� ��' ►�� 29 6`FLAREb ENb SEC710N, 15"R.C_P.CLASS til EACN 2 $ �5 $ � .3�3•� 30 4"P.C.C.SIDEWALK � S.Y. 6,040 � � /•�b $ �13�.1��•� 31 4"TYPE 1 AGGREGA7� 9AS� FOR SIQEWALK S.Y. 6,640 $ 3���_ ,$ aa,34�� 32 6"THIC4C CURB RAMPS WI TRUNCATED DOMES EACH 18 � J'��O•� $ ���� 33 7" P,C.C. PAVEMENT WlTH INT�GRAL 7"CURB S.Y. 18,830 $,_„ 3�• �� $ l0�„ _��O D � BF- 3 , , �. MAY-11-2a09 08�27 CITY DF CAPE GIRARDEAU 5�3 651 a86� r.eb � •, 34 4"�iYPE 1 AGGREGATE BASE FbR F'AVEMENT S.Y. 18,630 $ �.�° ___ $_5��,toc�.a_•� 3� REPLAC ME[VTMWN W 4��PE 1 A G.BASE S.Y. 1,630 $ �1•°�5 $ `�,�d�,•5� 36 PAVEMENT STf21PING REMOVAL L.$. 1 � o�y5�%� � p�i`���'�- $ � .1 �' 37 PAVEMENT STRIPING L.F. 33,271 $ . �� � �`'��• �q a. o0 3S PAVEMENT MARKINGS EACH 22 $ .� g 39 MISG- SIGN R�LOCATION L_S. 1 � 3��9�� $ 3J�9�� '� d0 MONUMENT S{GN RELOCATION l..S. � $ I 1�58�•� $ �1�5�D'� 41 FERTlLIZE, SEED AIVD MULGH ACRES 2.6 $ o��9��� $ �1� ��� � � { � �1 O'O � � , Ov �L- 43 80X GULVERT EXTENSION(STA.65�42.LT.) L.S. 1 $ �y 55 •'�D $ � 44 pOX CULVERT EXTENSION(STA.99+36. RT.) L.S 1 $ �I� �1�� � �1-��g '� 45 MISC. UTILITI'ADJUSTMEiVTS L.S 1 $ ��Q�'� � t-�'��5'� 46 MAILBOX RELOCATION EACH 58 $ ��� $ �.�D•� 47 TRAFFIC CONTROL FOR ASPHALT dVERLAY LS. 1 $ p��DD.� $ OD�� 48 PAVEMEIVT MILLIIVG FOFt BU7�JOIN7S S.Y. 2,900 $ I O•�� � � 1.V�•� 49 TACK CQAT GAL 6,35Q $ ?J•�� $ ����5� 5p i�AVEMEIVT FABRiC S,Y. 1,000 $ �•� $T.b�•� 51 1 Y�THICK ASPHALT OVERLAY. BP2 TO�IS 7,750 $ l�3�90. _ $ y 9 5_�a��O 52 ASPHALT TAPER, BP2 S.Y, 150 $_ _ _�5 •� � � �a5a.� 53 18"TtiiCK TYPE 11 RIP RAP MA7 S.Y, 7 $ �a�� •� $ g�D•� 54 LIGHT Si'ANDARp EACFi 1 $ �( Oo'�O $ � 1 C�"°O 55 L.IGHT STANDARD R�LQGATION EACH 3 $ ��'SO•� $ ��O•� 55 CURBED{SLAND WITH PAVER$UF2FACE L.S, 1 $ 3���•� $ 3�I SD� 57 48"DIAM�T�R SANI7ARY MANHOLE EACH 1 $ 5�'� $ �J��'� a uo 58 $"$DR35 PVC SANITAftY SEWER LF. 196 $ a�•��_ __._. $_��� 59 RETAlN GEWA�L_L UARDRAIL FOR SEGMENTAL L.F. 290 $ I�•3D � J� •� Tt�TAL BID FQR ALL UNIT PRICES (����OrJ��}a I•a� } .. ao .�_�...�.. {written wards) (figures} {Total amount is to be shown in both words and figures_ In case of discrepancy,ihe arnount shown in words will gflvem. In case of error in extensio�,the uni#a�d lump sum price�under each pay item will be cansidered correct,and these sums when properiy extended,shali constitute the bid.) BF-4 � . : 5. BIDDER agrees that the work will be substantiaily completed within(3�Q�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 (36�1 days after the date when the Contract Times commence to run. 6. The following documents are attached to and made a condition of the Bid: �Required Bid Security in the form of g 1 � f�J�Y�� (�Required BIDDER'S Qualification Statement with supporting data. � Any Addenda issued. 7. Communications concerning this Bid shall be addressed to: Name: Address: V � 1�2 � 1.�. 7�5 (a) Performance and Payment Bonding Company Name: �•Lr�i�F_d '�ire d' L'��+�-a�-�'1! Address: .�.����rs_r� �UC.MuQ, 5� • Cedar �cx-p��5 ,�� 5a�+o� �39�c AgenUPower of Attorney(if used): Address: 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. 9. This bid is submitted on 1��a�_1 d�� , 2009. 10. State Contractor License No. �0 � ��03 IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business Address: Phone No.: BF- 5 . : A Partn�hip By (SEAL) (Firm Name) (General Partner) Business Address: Phone No.: A .or orn ation By L ;n� ti � � � . .(Corporation Name) ► SrJ i.� State of incorporation) ' 'e,iD'�5fi lil S _�.. �Q ��,�`,��.��' , ; �'�;'. , (Name of person authonzed to sign) -�.�y�.•. ..4� , . 1 Y1 'A"�':�'�,j� , � . � ' (Title) a = �����.(�� p�f�S,L' _ S } + �7{ Q � o � �a 'r �- :�,., 5� �;,.: � ����,- . ",�',.,�� ', ,�,:;: ''��'� ,� O ec ary) ��`'��,��Is�r�ess�Address: ��ti�q�l�'' U� e ��� Phone No.: ���3) 5`f�' � � �� Date of Qualification:_I I L a..r`� (,�CO�� � ` � ( � A loint Venture By (SEAL) (Name) (Address) By (SEAL) (Name) (Address) Business Address: Phone No.: (Each joint venture 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.) BF- 6 BREAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: � L i �,e. ��-e►�,�, �a - `� ,#�D �35 , � 3°I - 41 L i n e �+,e►�,�s � �l 5 . � l� , 5 3 � 5 � �- 5�� �oRIC w� �� �Z _CoYv.ole-�e.d 6U �ap D2, Cer►�en-� t����okf �. ov�`�Y7�.��'o t' . It is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Company) (Type of Work) '�oac� �u.v�hEV� �f47"f I t 1,0Y11Y"o o� ` �i �e oi ° � � i v�, f �i , �ne e��r� BF- 7 • '. . . � UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, lowa 52407-3909 319-399-5700 (A Stock Company) BID BOND KNOW ALL BY THESE PRESENTS,tnat we Lappe Cement Finishin� Inc 8064 Hi�hwav B Pe ille MO 63775 as Principal, hereinafter called the Principal, and the UNITED FIRE &CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are heid and firmly bound unto Ci of Ca e Girardeau,401 Inde endence,Ca e Girardeau,MO 63701 as Obligee, hereinafter called the Obligee, in the sum of�y�Prr�ant�fbid amount Dollars ($5%,of bid amount ), 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 Mount Auburn Road Widening � NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith ' contract with another party to perform the work covered by said bid, then this obligation shall be null and void, o�F'�ti�`�f�,f ,�; to remain in full force and effect. ,+'��,�4���;��������., ; � d,, . � ;. � ���" -; Signed and sealed this 12th day of May ,20 09 �; <`� y�;� ; �; : .� � O x4 : � lt. � Q o � r� � > • af0 1' :� c • ./ K:. "� ,+ �„�,4'�� B�/ r , �-��� , �yy� ` % �,. � � R � .,;;��y J, �-d���q�.� ,o . ���11111!34t{.E�.t � 1�I V b, (WITNESS) (TITLE) t �W,,. =�,�����;�� c ��+�r� �,C1�i�.�-�ttf��, r �, UNITED FIRE& CASUALTY C � �"" F����, `.:•, (SURETY) �"� �`��=' ` " �� � t. ' -": �:'"x � — �: � � _ ��. �J s.� .:. ',�'�+ '. ``; ;; N SS) ORNEY-IN-FR���; ' '� = r,�.�r�, f �, n s y d '� .�) �_. � 1:� i � �'-_/� � ��f '�'�` 1c *`� i� � {� �� _ .r°�; �.��y� �...�% �,�;��_�, � !�)��¢¢ASG tCc�Z";;�.. . ,S,c CONT 0001 0899 -'— �` ; . UNI7ED FIRE&CASUALTY COMPANY HOME OFFICE-CEDAR KAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Onginal,on file at Home<Office of Company-See CertificationJ KNOW ALL MEN BY THESE PRESEIU7S, That the UNITED FIR'E 8 CASUALTY COMPANY; a carporetion duly oFganized and. > existing under the laws of the State of lowa,and having its princtpal office'in Cedar Rapids, State of lowa, does make, constitute dnd < appoi:nt TODD A. WARD, OR NANCY STRAUSER, :OR PRISCILLA B. HUNTER:� ALL INp�VIDUALLY OF THE CAPE >' GIRARQEAU, MO OFFICE, OR CHARLE$ W; DECKER, OR AL�#N H. RAUSENBERGER, OR BEULAH, AA. YOl1NG, �#Z:JASON _ _ „ RAUSENBERGER, ALL INDIVIDUALLY of CARBONDALE IL its true and lawFul Attorney(s)-in-Fact �tvith power and authority.hereby conferfed to sign, seal and execute in its behalf all<lawful bonds,undertakmgs and othe�obligat`ory instruments of si'milar nature as followss Any and A1'1 Bonds and to bind UNITED FtRE &'CASUAL'�Y COMRANY thereby as fully and to the same extent`as if such instruments vv�re signed by ' the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attomey, pursuant to the authority hereby,,given are hereby ratified and confirmed. _ The Aufihonty hereby granted is continuflus and shall remain Fn full force and effect untii'revoked by UNtTED FIaE 8� CASUALTY'COMPANY This po�ve�of P�ttc��ney is made and executed pursuant to and by authorit�cf th�l.fo�lo;n�in� By-Lava�u1y;a�apted by Baard of;. ' DireC�ors of the Company on April 18', 1973: "Article V-Surety Eonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other offEcer af the Gompany may, " - from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance; bonds, undertakings and other obligatory instruments of like nature. The sigr�ature of any officer authorized : :: hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of att��ney or c�rtification of either authorized hereby; such signature and seal, when so used, being adopted by=the Cornpany as #he : original signature af such officer and the ongi�al seal of the Company, to be valid and binding'upon the Company+niith #he : ` same force and effect as''though manually affixed. Such attomeys-in fact, subject to the limitatiqns sef'forth in their respective certiftcates of aufhority shall have full power_to bind the Company by their signatue� and execution of any such '> instruments and to attach the seal of the Company thereto. The-President or any Vice President, the`Board of Directors or any other officer of#he Com,pany may at any time revoke all power and authority previously giv.en to any attorney-in-fact. " IN WITNESS WHEREOF, the UNITED FIRE 8 CASUALTY COMPANY has caused these pre5ents to be signed by �ciu„n�a `��.`�;>�-^���.'��.,� its vice p�esident and its corporate seal to be hereto affixed this 12th day of ;August, 2008 Q ti'' ' r,�� . ti CORPORATE r"i� � : : . . .z --•— �= UNITED FIRE & CASUALTX CfQMPANY � y� ��SEAL �: � . . . �.. . .. o; /J ''��%�h R.SPn»��O . . . . By � .�/yw�.La.�� ���I11lIINl1���` ... . : 5tate of Iowa, County'of Linn,, ss 1/ice Presidcnt On 12th day of Ac�gust, ;;2008, before me personally came Dennis J. Richmann `to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Jowa; that he is a Vioe ;, President of the UNITE�FIRE 8 CASUALTY COMPANY, the corporation described in and which execufed the above finstrurnent; that he knows the seai of said corporation; that the seal affixed to tne said instrument is such corporate seai; that it was so aifixed pursuant to authority given by the •Board:of Direetors of;said corporation and that he signed his narne thereto Pursuant to lik.e authority, and acknowledges same to be the;act and deed of said corporation. �yaa� '� Mary F Jansen � �. /' . �. n�F � lowa Notariai Sea! . �`� .�� � .. Comm�ss�on numbkr / �� ' 713273�: ! .: �My Commission Expires ,���E„�,' _ 'Notary Public !: I, the undersigned officenof the UNITED FIRE 8� CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy , of the Powen of Attorney and affid2vit; and the copy of ttte Section of.the by-►aws of said Gompany as sei forth tn 'aid Power of :Attomey, with the ORIGINALS GN 'FILE IN THE tiOME bFFICE OF SAI� COMPANY� ar�d that tt�e s�me:ar� eorrect tr�nscrtpts ; "thereof; and of #he v;ihole of#he saitl'originals, and that the said Power o#Attomey has not been revokec!and is now in.full fctrce and efFect. •�"""""'��� In testim n whereof l ha e hereunto subscribed"my name and affixed the corporate seal of ihe said Company �.• 4.���;,, ,,, .'��'� 'jf•�i this�_ day of a 20 Q.�. �' CI�RhORATE %' . . w e� Z ��— i_ /J ��f ���SEAL .�� ,�� L,r:""r � . . ''���i K.i��f�������� . �InpuO�). . , Secretary '< BP:OA00190706 • �. S"I'ATE OF 1LLII�IOIS ) ) � COUNTY O�JACKSON ) Un Q o� a DD`1 before me,a Notary Public in aad for said County an.d State, residing there� ,duly comm.issioned and 5worn,personally appeaced Jason A. Rausenberger laiown to me to be Attorney-in-Fact of United Fire & Casualty Co. tbe corporation descxibed in and t#�at exectited the wit3�in and foregoing insavment,and known to me to be the person who executed ttre said instrument on behalf af the said corpo�ati:oq and (s�e duly acknowledged to me that such corp�ation executed t�e same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in t,�iis certificate above. 'OfHCiAI SEAL' Not�tty Pub iC� M COi11miSS�� 88 O6/0�1� No blic y � : • EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION Comes now � ��as ��S►c�en� first being duly sworn, on Na e� 1 1 Office held my oath, aff'�rm �-0. � � � � is enrolled and will continue to o pany Name participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to ��. �ubu�'n v� �(�P,��K Project Name � for the duration of the contract, if awarded in accordance with RSMo Chapter 285.530 (2). I also affirm that i does not and will not knowingly Company Name employ a person who is an unauthorized alien in connection with the contracted services related to �,� � � for the duration of the contract, if awarded. Project name In A�rmation thereof, the facts stated above are true and cos-rect (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo). � Signature(per n with t rity) Printed Name �'e�'��e.v�� a � O O Title Date Subscribed and sworn to before me this � of Q 20 Q�. I am commissioned as a notary public within the County of Pe('f� , State of�I 55 0�r� and my commission expires on 3��� - � SignatureofNotary Date ���c:� � 3TATE OF MlSSOURI �08542641 My Commi.aia�n Hxp�e:Apri123,20� rwr-c�-ct�y nc:.�7r- PtM'I:r1TCJl airi�t trva �r..� r�o c[oc �u:t�r.�tro�t� r.t . ,� + `�.''a'�''�' INSURANCE BINDER °�,�,Y� TKIS BtNDER(S A TEMPQRIUtY�ISURIIN(�CONl�tAC7,SUB.IEC'�?O tkfE SFIi�AH!ON THE REV�SE S�1Ie OF TFNg FORM. �oeNcrr c��wy ��,� �s�r srw�+nsu��cr,n�c. t&�ed F7r+a�caswlty 11876 P O 80X 312 FARAAINGin!!A10 836�0 OATE � TIIIIE OAZE �AT� 1�E � X t2�tAM JtJN t 2008 a►� .wN n� ++ook (573)7se�e74t ,(57s)7se.2782 7ws eiwo�e�s�mFxs�o Gov�►ae�+�e��carrwr CE)oE: SUB COD� r��o Paucr r: 18808 � Anqudin0 LoceBCn) MOUNT AtlBIIRN�/ID FROM INOEPEN�NCE ST TO KINGSHI6HWAY,ca�c�au, �r c�c���r►u � cro uw�cm�r Fa�us�.u+rc. aoa4 HicHwaY e PERRWILLE MIO 89776 COVERAGES UIIIlTS t�oF i�ra� aa� e�cr�e con�s x �aa�r ��xrr rr►us�s oF�oss eH�c � Qar�c. c�,�w.cas�m �+� s z,goo.000 X c�M1�c���wen.mr or�A�To R�NrfA PR�s s nona �� p�. ,����«��� . ,�. X ����►��� ��,�„� s �. ���►,� : �.� r�oa►rE�tcu�aeu�: �nucTs•c�e,�ac3a s e�ne r►uso�.�u+�sa.m cowew��r�uwr s A�� eOD�v u�.RJRv ca«vwso�► s Atl OVVN�AUT08 B�N.Y M�JURY(Px aooieenl) S-.•._..•_1...__,. 8Gt�19.W Al1TOS P�ERiY Dr+1ANOE ; FfIREal1UT0& �J11 PAYMI�lT'S f NOlb�041R�AUTOS PEftSONAL MIJURY PRD7 i WINSIiR�YO'fU�ST t �uro�rnrmG►t.a�uu►�E o�re�.E nu v�s �►+�o v�s �c�v�E � sr��s�urou►rr s on��tww cx� o� �p�up�y At/iOUNLY-EAA�T i iwv�uro on�r+n�uw�uroaav: e�a+ncc�atr s ns�o+t� s �u��rrr �� _ u�.0 wra� �c�a►rrE s or►�ti►w+uWax�+�Foau �o u+►�ro�e a�ws r�: s��� a wc sr�►zuFa�r ti�rts vw�sca.�+raN e.�..e,�x+�ocoeKr c � �.orars�+ne�mr �om�ase•c-�� s e.�.asena�•�oucv u�rr s � �s s OOt+DfT10NB/ TA7t� i OTHER �py�g ES'f9�lA'�TOTALPRE�AKN�/ S ����� MORf6AG� J40tff1'10N�11.q�t1RED LA6S PAY� LAPPE CEMENT FINlSHtN6,lNC. �N�► 8064 HlGHWAY B n PERRYYf�.LE M� 83775 ACORD TS(200ifOSI NOTE: IMPORTANT$TATE INFORlAAT10N ON E 8� �1lCORD CORPORATtON t9Y3-m04 05-29-2�9 13:54 5735476515 �1 - _ * . coNorT�oNs This Company bk�ds tl�e klnd(s) of Insurarx:e sdpu�f a� U�s reve�se slde. The lnsurance Is sub� Fo tlte terms. oa�tions and imitadans af the po�.y(I�) � a,�renc use by the Company. Thla bindar may be cancefied by the I�sured by sumender of ih� btnder or by wrltten notlCe to tl�e Cornpany sta�h�8 when Car�eNatlon w1N be effec�v�e. This 6inser may be c�ncelled bY d�e Cort�nY bY rrodce b tlte ins�ured in acoordance vuJth ihe pullcy cordldons. Th� binder is r�anoeMed x+A�en reptaced by a poiky. i� ttds bk+der 1s nat ►eqaced bY a PdIcY, me Campany Ia en6ned to d�arge a premk,m far�►e btrtder a000r+d�g Eo @►e Rules and Rates in use by tl�e Company. Applicable in Caiifornia VVhen tMs form Is used to pravfde (reurance in the amount of ane m}INon doltars (;1.000.000) ar mone, the UNe oi the forrr► Is changed irom "Insurance B�nder° to "Cwer Note". Applicable in Coloredo vwth respea�o binde�s Issued to renters of residendal prerrdses.hane own�s,oondo uMt owners and rnobGe homs ownels,the ktsure►has thlrty{30}business days,cornmendng from!he effet�ive daee of oove�age,to evaluate fhe iseuanc:e of the Insurance poNcy. Applicable in Delaware The maEpapee or Ob�e ot any rt�orfpage or othe� inst�tment given �or the putpoae nf crea�t�p a Nen on�i pro�perty shab acoept � evJdence �h�sur�ce a wrifters bir� lssued by an auU�ahsd I� or !ts � Jf the binder lndudes cr � socompanled by: tl�e name and addrsaes of the b�rrow�er the r+8tr� and eddress ai �e Ier�der � bss pay�; a descxfpUon d tl�e tnscw�ed r�i property; a provtsion that fhe binder may rrot be canoeled wltl�in tl�e term of ti�e bindef uMess U�e lender aad the (ns�ed borr�ver raoei+re wc(tten noilce af the cenoel- ramn ac leasc tan (�al daYs Prla co me canceNaUcxi: excepc m u� case a� a �ewal a�f a adka► sub�eawnt 6a the dosing of the ba�, e paid recetpt af tl�e tuU amount of #�e spplicaWe prartdum, and Uee amcxu�! of ineuranoe oowersga. Chepter 21 Tftle 25 Paragraph 2118 Appdcable in Flurida Exc�ept ior Autc Insuranoe onveraea. no natice of cattCeNada� or nanrenewal a� a binder is t�qttited �iess ihe duratlon of the binder exoeed9 60 days. For eub hsuranoe, the kisu� must glve 5 days prbr noqoe, unlese the bh�der Ia rspiaced by a poiicy w analher binder 1n the same oor�parry. Appllcable in Nevaela My pe►son who retuses to accept a bk�der whlch provides cr�rerape of less ri�an 51,0�.000.00 when proof Is requked: (A) ShaA be flned not mae than i500.00, 6u1d (B) b fiabie to tl�e paAY P��B the binder as proot of Insuranoe f� at�uel d8mages sustakted U�erefrom. ACORO TO(200U09) 05-29-2009 13:54 5735476515 PAGE2 06-08-20�9 15:42 5735476515 PAGE2 • JU�i-�-"�0A9 01.:41P FT�(77:FiRST STATE IN5 �73 75G �62 I u:15 fs�4 fb�i� r.i A��. CERT{�ICAT� a1= LfAB1LITY iN3URANCE � fli�T 8TA7E�[JRI►MCE AQ�11CY�1MC. 7� 'tE 14 A IU►s'f!R�F C�ILY NID CG�R'�ts 114 R�f'�UP'0!f 7t1E ClR7MqCATQ ��#1�lf 3i2 IIOtOet T►11�Cetf�11CATE 4C�A NDT AIMF,110.EXiB�If OR �AR�T'GW MQ @3�p n�l�t AFFORpIMa�Oy�RAOE wuc r IN3i1REitr RVSI+�t A A�dleon laar�nc+e f032+t l�APFQ CEMEl�T FII�t18HfNG,1![C.i t�C PAV1Nl�qIG. �R B: p�1 FlYltr 9 �C F'ERRY1►�LLE MO 4�T73 �� piSUR�R 8: CdVL�RA� rorr a�:�aat oR co�p7+on AF ,a�v vo�acr ort or►�e nocu�¢+►wrne r�:r na wNa++wa e��u�r sa twuea aa AIAv PER1'll�l,TfiE HBUR�N�@�Fiq�O B�Y 7HE PotICB 06sCR�N6H@1 m�1l1�15Cf 1C�l n+e��Alln QOMOI�K�iI�oF arra� �C+Lld�.IlQ6itl80ASTc 1MiR$9lIOlNM 411T lNYE CE�1 I�IC�YY M�CUI�Q. ��,e �oraMun,uace rp,�cYxuu�eR ►auer�r+.r+r. .v�+e.�a.w�+� u� �� �63S�ea� O�ae p�2rt0 x co�.�a�c °"""iTO 140.000 eu�ws�osa ocac+fR �6o.Ex�iMra»or�! A PCRlDI�tM�e�IRM f 7�OOd� p�l�AiAOf�i�►3� 'j�QQrQQ� �11�.AOmI1E0n�[p+rr�s y�: paooucrs�aun��v�ora, t �oa0,o40 Aa�v � �oc � �uraw�aeKswuwun �007�O�it � O�l�lli� �p�+a�eu� X aNrMrm �i++oo�o�wW t�•� IH.t.CMIM6D AVI�b �4o�.r eut� �� I�vwuN A Hr�o Attsoa dODLYML�AiY ►iOtwOvrxt�wu�05 �+� �.r,�oda.,ip�� s qMA�C1J11s�JT7 t. i ANYAqT�D �T� ; O►JLY; e�!!�et��►u�,rrr 66�iit2 a/l2�00 4M�i6 lIICIiGOGUF�REMCE t �.001�.�04 X �ot� �a�wo� �roo�a��re i �A�� w � �aauc�8 a�,rxnar: woR�ns����.a raRveans � cusK.1l1' E.i.�J1A� �aauolo� l,�..obrAAt��1+01�E � r�wdbA�lql�1r1rw E.1.,p�t11A1� ' ���������I�� ����C��� � .�0�!�: �OYi�AI�ltlfll�Oa#���9Q�IIOe���.ri���e� C T�11QLDE x�ou.o�vnr aF rwe�ro+r�oeaa�ro�ar.�le e8 oMlo�.���� Oii'�IilO�I o11rii 7fl91�]k�iB lMM111lO NIAIlI�R wu.�►1�I17D IW.a►nAYi ����g�� y�7��ryd�m t1!GO�Tfik�E MCt�e t!lIMB1 m 7FIC IaT,Wf F�NIA1�70 ��� oClO�Mlk�0�.ND flR1AAYlONORlU1lIJ1ti'OR IN111 IQO iiONTl�R�41�R tl'Y ��p Q�.MQ p$l�1 ItiEMrBde�IfA1*� . A�I�QfI: ��1� ;acaw�utia��� r.��aoe,e ��as+ e�caa�ow►���ee 06-88-2009 12:56 S7�S476Si5 P�i 06-08-2009 15:42 5735476515 PAGE3 �uv-t3-croa�� ia�:y�.r rra�.�:ril'C7F a�Hit i� ar3 r�a cr� eu:�ar..x�-►►��� r.c � � IMF�RTANT �me cercr�ca�e noiaer��n Aaomc�v�iwsu�o,a,e�a�cyt�s)�t r,�endors�ci. A etafe� ori this c�rtlt�t�does�t aAr�i�er►i�ta ta a,e�te hader h aes,�ax�er�dnrsemenqs}, tf 3U6ROGATfON IS WANED.sublect bo the E�rns and aonditicns af the paEky.c�in polid�s rr�y r�q�e an endorsemeM. A atatement on thls cerd�does not aonlier�igf�ts fa the cerqllc�te holdei 1�Ileu of such entl�amer�t(s}. �scuu�a The Cer�te o�I�urw�ce on#he revsrs0 sk�of th)s fc�rm does not oonsi�e a conb�ct heowgen the issuk�g Insurer(sj,autlwTizBd reproseMstfve or producar.and the�ertircata hntde�,noi dass It afti�r�et�very or ne�th►e1Y�mertd.ea�end or a#er ih�oav�ra�a a�pr+ded by the potk�ies�Is�d th�erepn. nc:�Q�s czaol�e� c�,ni�o���► 06-08-2�9 12:57 5735476515 PAC'�E2 MRY-28-2009 04:43P FR[�I:FIRST STATE IN5 5Z3 756 2� To:15�3�z6si� r.z � _ . 14�'iORD a► (uwop�ti'x'A CERTtFICATE OF LIABlLITY tN�URANGE �,��:� PROOIJCER FHa+� 75667�1 Fa��758-2782 1f11,R TE I9 ISliUED/4S A IMI�TTYER OF p�A FlRST 9TATE IN8URANCE At�ENCY.iNC. ONLY AMD t�4 NO Rlt,�iTB 1►POk 7HE C.EKTFIC�AEtE P O BOX 312 t+owEa. �ns c�r�,►'f'�ooEs rwT�,oci�ND txt FARMMiGTON MO 83640 �SURER$AFFORDM+Ki C01tERAtiE NA(C# INSUR� INSUR�R: Addlson tr�tNance CamPenY f03?�R LAPPE t;EMENT FiNI3HM1l;,If�C.8 C,C PAVING,INC. WSt�RER B: 8084 HWY B II�URER C: PERRwILt.E klo 83T7s �c: INSURBR E CCIVERAGES i}� �ES 0� E LI8't�BElOYY H�BEHI� NSl1RE0 OR'iti�POlICY P£iZ .NO ANY R8QU1�1El1T.7F.Ri�1 Oti f�ltOfilOW OF MIV CONTRAC!OR�71�R D�(T 1MtTN�T 1�6YVliK�t iFqB C9iTIFICJITE MAV��OR MAY P6i'iAW. THE p�NN�AiFOftOED BY TI�POt�S D�E�EMt IS 9t1BJ6CT T+0 At1THE T�ii3.D9�ANQ CO�DITIOli3 OF aJCM Pouc�s.��uMrrs s�oarn au►r tu�vE eEE�t�uc�v Br P�Cl�le. �'rti TYPB�1f�FANC6 POI.Ii:YNUMBWt MUC�OmsaiNR r�r�uuTOa UMtTS GF�! I.N►ep.ITY 8033388� 64f22109 041?9J10 � : X M��►t. �"�D Y 7�.009 cu�s neaaEa occ� �.�tMr�va+�+) ' t 000 A �soru►t a nov nuu�v s t,000,000 C�tiERAI.A[�GREd1TE t Z,000,000 C+EN'L AG41�(iAFE 19dR APPL�S PER ARO- i Z,O�@.OD� P�F.IGY � laC : AUTOM081LS LIABLLlTN 803�82 � ��O t�M81NED�E IA�NT x �r„r�wro t��) c 1,OOo,oOQ �u own�wms aoon.v�r ��uros tPer o�a►l a a r�a�uros eoa�r a�r,�' a Ia0Fti0wNEA AU'fOS (�°�^�� PR0�7Y OJ�MIAc� ma►�r GMApE LtABNJIY AhtY AlffO p�R 7}{qN � wro onar. � S �essru�u.au�aiun 6G3338�Z 0� O�tZ?H0 Enc►+�� s Z.008.01f9 j( p� a��y{pE A�OATE S �,� A i omuc� �,�,rraN s s woa�es c�wfaei�a u�e+s °"�` ENiPtOYERB'WBIL►iif E1..EACH ACC[IBkT i o��ER�ta.Uo�t E1.DlSF/13EE1►�R.OYEE S ��P�R01��1�edaw E.L.�t9dtT S OESt�tIP710N OF OPERATIONS/LOCA710NS1YEHICLES�XCLtfS10N3 AODED BY ENOORSEMENT/8PECWL PROYI$IONS Job Desc: IYlou�Au6um Rosd finm Indepeedsnos St to�Unpsfiiphwa�r�CaPe 6Ms�au.MO CERTIFlCATE FWI.OER sr�an.o�rnr aF��eove o�a�rol.w�s eE C�ncei�e�onE n� �r+�nai ah��.��•+�,�wiu.awoww�ori�ro wi w a�rs 8owen En�nee�1�Q and Surveyinp �eo�m�cear�rf�wwEo To r++E�eurF�a.unEro 1078 Wolverina Lane oo�sw�u.�No oeiac�+►n�oa w�rtv oF�wr a�ro u�r►��►sura�.ms AtiE11TS OR�ATNES �v''1 A Caps Girankauy MO 63701 �7�r""_f" �n: Laura Laramore ern�an�r�nn�mm CeNficab JF 118a8 m ACORd CORPORATION 1988 ..........���_.--, 05-28-2009 15:58 5735476515 �� . f11�PORTANT If the c,ertificate holder is an ADDITIONAL INSURED,tfie poticy{ies)must be endors8d. A statemertt on this certificate does not confer rights ta the cerd�cate hokier in qeu of such endorsem�t(s). !f SUBROGA7tON!S WAIVEO.subject to tl�e tefms and conditions of the pdicy,c:ertafn potides may req�ire an endo�semenf. A statement on this c�tiffcate does not oonfer tights to the cert(ffcate holder in lieu of st�ch endotsement(s). rnsc�►�MeR The Certif�cate of Insurarx�e on the reverse side af this fam does not cAnstituts a contract betwee� the�suin9 insurer(s),auf�orized representativa or producer.and the c�rtifk:ate holder,nor does it af�matively cx n�ath►ely amend.extend or alter�e cav�age afforded by the policies listed therean. ACQRD 25-S(2001/O8� Gertiflcate#11848 05-28-20�9 15:59 5735476515 PAGE2 � f • A �C��o,� CERTIFICATE OF LIABILITY INSURANCE °A� 05/29/2009 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Emmendorfer Insurance Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 625 W. St. Joseph Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 311 INSURERS AFFORDING COVERAGE Perryville MO 63775- INSURED INSURERA:COIDm2LCe & Indust Ins. Co. T•ApPE CEMENT FINISHING, INC and G � C PAVING INSURERB: INSURER C: 8064 �Y B INSURERO: PERRYVI LLE MO E 3�I�J'rJ— INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MM/DDM' GENERAL LIABILITY � � � � EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MA�E � OCCUR � � � � MED EXP(Any one person) $ PERSONAL&ADV�NJURY $ � I I I GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY E� LOC � � � � AUTOMOBILE LIABILITY � � / / COMBINED SINGLE LIMIT ANY AUTO (Ea accident) g ALL OWNED AUTOS � � / / BODILY INJURY SCHEDULE�AUT-9S (Per person) $ HIRED AU�OS / / / / BODILY INJURY NON-OWNED AUTOS (Per accident) $ / / / / PROPERTY DAMAGE (Per accident) $ GARAGE UABILITY � ��- AUTO ONLY-�EA ACCIDENT $ ANY AUTO � I � I OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY � � I I EACH OCCURRENCE S OCCUR � CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE � � � � $ RETENTION $ $ A WORKERSCOMPENSATIONAND WC 003563400 04/22/2009 04�22�2�1.� TORYLIMITS �ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1, OOO� OOO I I � � E.L.DISEASE-EAEMPLOYEE$ 1� OOO� OOO E.L.DISEASE-POLICYLIMIT $ 1� 000� OOO OTHER � � � � DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS Coverage applies as per policy declarations. CERTIFICATE HOLDER ADDITIONAL INSURED;tNsurtert��R:_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL O3O DAYS WRITTEN NOTICE TO THE C CATE HOLDER NAMED TO THE LEFT,BUT Bowen Engineesing � Surveying FAILUR DO SO SHALL IMPOSE NO O LIG ION OR LI ILI OF ANY KIND UPON THE ZO7S Wolverine Lane INSUR TSAGENTSORREP ENTA V . StA J AUTHO R ESENTATIV I Ca e Girardeau MO 63701- '' ACORD 25-S(7/97) O ACOR RPORATION 1988 ���N$02$$(9910).01 ELECTRONIC LASER FO MS,INC.-(800)327-0545 j Page 1 of 2 / / / , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97) ��INS025S�ssio�.o� Page 2 of 2 • ° !q����� CERT'IFICAi"E OF' LBABILITY INSURe4NCE °A� � 05/28/2009 ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATfER OF INFORMATION ��� Emmendorfer Insurance Agency Inc OWLY AND CONFEi2S NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 625 W. St. Joseph Street ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. P. O. Box 311 INSURERS AFFORDING COVERAGE ' Perryville MO 63775- INSURED INSURER A:COIDIRPSC2 � I ndustr I ns. Co. T'ApPE CEMENT FINISHING, INC and G � C PAVING wsuReRe: I INSURER C: 8�64 HWY B INSURER D: PEI2RYVILLE M� Fi377S— INSURERE: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE MM/DD/YY DATE MM/DD LIMITS GENERAL LIABILITY � � � � EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE �OCCUR � � � � MED EXP(Any one person) $ PERSONAL&ADV INJURY $ � � � � GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PRO- / / / / POLICY JECT LOC AUTOMOBILE LIABILITY � � / / COMBINED SINGLE LIMIT ANY AUTO (Ea accident) g ALL OWNED AUTOS � � / / BODIIY INJURY SCHEDULED AIiTOS (Per person) g HIRED AUTOS / / / / BODILY INJURY NON-OWNED AUTOS (Per accident) $ / / / / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO � I � � OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS LIAB�LITY � � � I EACH OCCURRENCE $ OCCUR �CIAIMS MADE AGGREGATE $ $ DEDUCTIBLE � � � � $ RETENTION $ $ A WORKERS COMPENSATION AN� WC 003563400 WC STATU- OTH- EMPLOYERS'LIABILITY 04/22/2009 04/22/2010 TORYLIMITS ER E.L.EACHACCIDENT $ 1�OOO� OOO � I I � E.L.DISEASE-EA EMPLOYEE$ 1�OOO� OOO E.I.DISEASE-POLICYLIMIT $ 1�OOO, OOO OTHER � � � � DESCRIPTION OF OPERATIONS/IOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage applies as per policy declarations. CERTIFICATE HOLDER ADDITIONAL INSURED;iNsurteR�rrert:_ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL O3O DAYS WRITTEN NOTICE TO THE IFICATE HO R NAMED TO THE LEFr,BUT C1t�7 Of Cape Giradeau FAILURE O SO SHALL IMPOSE N OB ATION O LIABILI OF ANY KIND UPON THE 4�1 I ndependence St. INSUR ,I ENTS OR REP ESE T IVES. AU E SENTA Ca e Girardeau MO 63701- " ACORD 25-S(7/97) O AC RPORATION 198f ��INS025S(9910).01 ELECTRONIC LA ER FORMS,INC.-(800) Page 1 of: . • . . � IMPORTANT I If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this �'�i certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ', 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or a�ter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97) ��INS025S�ssio�.oi Page 2 of 2 . � a , � Bond No. 54-176100 UNITED FIRE 8� CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, lowa 52407-3909 319-399-5700 (A Stock Company) LABOR AND MATERIAL PAYMENT BOND KNOW ALL BY THESE PRESENTS: That Lappe Cement Finishing, Inc., 8064 Highway B, Perryville, MO 63775 (Here insert the name and address or legal title of the Cont�actor) as Principal, hereinafter called Principal,and UNITED FIRE &CASUALTY COMPANY, a corporation organized underthe laws of the State of lowa,as Surety,hereinafter called Surety, are held and firmly bound unto City of Cape Girardeau,401 Independence, Cape Girardeau, MO 63701 (Here insert the name and address or legal address or legal title of the Owner) as Obligee, hereinafter called Owner,for the use and benefit of claimants as herein below defined, in the amount of Two million four hundred five thousand five hundred fourteen 8 20/100 Dollars($2,405,514.20 � for the payment whereof Principal and Surery bind themselves,their heirs, executors, administrators, successors,and assigns,jointly and severally,firmly by these presents. WHER EAS, Principal has by written agreement dated �.� �n�- �5 � aC-`�� entered into a contract with Owner for Mount Auburn Road from IndeC�endence St to Kinq�ghway (Here insert the name and address or legal title of the Owner) in accordance with drawings and specifications prepared by Bowen Engineerin� & Surve inQ 1078 Wolverine Lane, Suite J, Cape Girardeau, MO 63701 (Here insert full name,title and address) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that ifthe Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material bei�g construed to include that part of water, gas, power, light, heat, oil, gasoline,telephone service or rental of equipment directly applicable to the Contract. CONT 0003 1200 . � 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal,the Owner, or the Surety above named,within ninety (90)days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety,at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one(1) year following the date on which Principal ceased work on said Contract, it being understood, however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated,or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of inechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this (5�hday of ��L�e- ,20 . ` .,. ,� �,Ff, pY 4 ��.: In the presence of: �` ����0 r� :-� f *�' ° ° ' �' ♦`�V Es � � � � By L. �eAly�� = (PRINCIP t� ; �- � �.� ` � � � L'J �!� c.� :�7`� � 6n � . .'�� � � %.,�`�� � ,i� �+ (WITNESS) (TITLE) '• �: ����' �. �: 'g fE i ��� 4 t .�� ..... UNITED FIRE&CASUALTY C�1�Il�AN�',�� (,Se.��) , (SU ETY) ,a�'�'�' `r.�' 'J. , y ,�r,�' � � ; : .... . ��r ��t � � , ITNES ( NEY IN�F�(r�):.t�jry ` �{ r> ;�� '� ' +� � � � . � ��� ` � � Cl'ts�� 'C,�)Yd' i J���a : ��. � ,�, i�' ' �t�" /� ,��.�7__'�� '!,�y ° � °,,' ,�r:, ,S, '4' z tj;, CONT 0003 1200 _ _ . , UNIT�b FiRE&�ASUALTY CQMPAIVY � WOME OFFtC�-C�DA1�RAPIDS, t01AtA CERTIF�:ED COPY OF P�W�f�OF A7'70RNEY - (Original on file at Home Office of Company-See Certification) l�NOW/#LL;MEN BY THES�PR�SENTS, ;That the I�NiTED F(RE & CR�UALTY CfJMPANY:; a corporation duly organized end ; "existing under the la+�ts of the State of lowa,'and having its,principa4 office in Cedar Rapids, State of lowa, does maf�e, constitu#e and appoint TOQD A. VQARD, (3R NANGY STRAIJSER, OR PR�SCIL'LA:'B. HUNTER, ALL INnTVIDUqLLY OF TN� CAPE GIRARDEAU, MO OFFICE, OR CHARLES W. DECKER, OR ALAN H. RAUSENBERGER, OR g�ULAH, iN. YOUNG, �R JASON RAUSE�IBERGER, ALL INUIVIDUALLY of 'CARBQNflALE 'YL its trtaQ �nd :lawful Attorn�y(s)�in-Faet with power'and authori#y hereby conferred to sign, s�al and e.xecute in ifs behalf all<lawfuJ ` bOnds,�+rtdertakings anr�oth.er Qbligatory instrumenfs of simi�af nature as'follows: :Any �nd A1 1: Bonds and to bin.d t}NITEp F1RE& CASUALTY' COMPA�JY tt�ereby as fuliy and to the same e�fent as if such instruments were signed by ° fhe duly autharized officers of Ul�tT�[? FIRE & GASUALTY COMPANY and �II the acts of..said Attomey, puCsuant to the aiithority ; hereby given are hereby ratified and confirmed. The Authority hereby granted..is continuous and shall remain in full force and effect until revoked by UNITED FIRE & �ASIJALTY COMPANY. This power of Attorney is rriade and executed pursuant�o and by authbTity of the following By-L2w duly adopt�by,Board of ` Qirecfors of the Company on April 18, 1973: "Article.;V-Surety Bonds and Unde:ttakings" Sec#ion 2, Appointrr�ent of Attorney-in-Fact. "The President or any Vice President, or any ather;afficer vf the Corr�pany may, - from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company ifi the exeCution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,an� the �vrpora�e seal, may be affixed by facsimile to any power of attorney or special,;;p4wer o# attarney or cerfifiication af either authorized hereby; such signature and seal, when so used, being adopted by the Cvmpany;as the original signature of such officer and the original seal of the Company, to be valid and binding u�on the Company with the same force and �ffect as though, manually a�xed: Such attomeys-in'fact, subject to the'limitat`ions set forth in fheir respective certificates of authority`shall have full power to bind the Company by their signature and execution o#any such instruments antl tti attaefi'th'e seai of the Company thereto. The President or any Vice Presideni, the Board of Directors or any other officer of the Company may af any time revoke all power and authority previously given to any attorney-in-fact. pal�uUprt IN UVITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by �,�•�``��4�c�'�,�� its vic�president and its corporate seal to.be hereto affixed this 12th day of August, 2008 `� �� '� ca�roxa�;� =_z —+— :' pz, UNITED FIRE &CASUALTY C4MPANY ..; :a sEnL �� !''�� .; ��.`. .. .:,._ .,.. : .�. f���0��,8��t`;`,``. . . � i By �.t�.�+-�.- State`of lowa, County c�f Linn, ss � : Vice f'resident ' On 12th day of August`, 2048, before me personally came Dennis J. Richmann to me known,, who being by me duly'sworn, did depose and say; that he resides in Cedar Rapids, State o# (ouva; that he is'a Vice President of the UNITED�:IRE & CRSUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporat�on; that the seal affixed to the said instrument is such corporate seal; that it was so affixed' pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to iike authority, and acknowledges same to be the act and deed of said corporation. - � :-Mary A Jansen A � �t� lowa NotanaPSeal � �y Cohimission numbet . T` �• 713273�; MyCommissiort�Ezpir�s � . � ,oizsno - `Nofary Public ' I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power Qf:Attomey and affidaYit, and the copy of the Sectiort of the by-laws of>Said Company as set forth in said Fower of Attorney, with the ORIGIIVALS �N FILE IN THE HOME C+FFICE O� SAID COMPANY, antl: that the same,are correct t�anscripts > thereof, and'of the whole af tf�e said originals, and that thE s�id Power of Attorney has not been revoked and is now in full farce and < effec#. .-�,ttti1t11H�����. ````��b��+r�r�'r #n festimon whereof i hav hereuntu subscribed my name a�d affixed the corporate sea) nf the said`Company , this �� day of_ G 20 �. s� cottroiu,rE °�; -,,��� s�L � �� r�,,����&1P��5���0�,`` . � . �� Secretary BPOA00190706 � .r � • r S'1'AT'E OF ILLINOIS ) ) ss CUUNTY OF JACKSON j Un ____ 02 0� a �v cj before me,a Notary Public ion an,d for said County and State, residing therein,duly commissioned and swom,personally appeared Jason A. Rausenberger Irnown to me to be Attomey-in-Fact of United Fire & Casualty Co. the corporation described in and�ai executed the wit3�in and foregoing instrume�ut,and 1ao,own to me w be tt►e person who exocwed the said insttvment on behslf of the said corpo�ation, and (s�e duly acknowledged to me t�at such corpo�ation executed the same. IN WITNESS �� OF, I have hereunto set my hand and affixed my official seal, tbe day and year stated in this c ' �a ��j��L SEq� �ReYnolds+ M NC0 m�$n�Expi e 08%06 � Notary lic r v • - � UNITED FIRE 8� CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, lowa 52407-3909 319-399-5700 (A Stodc Company) eond Number: 54-176100 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS,that Lappe Cement Finishin4 Inc. 8064 HiQhwav B Perrvville MO 63775 as Principal, hereinafter called Contractor,and UNITED FIRE&CASUALTY COMPANY, a corporation organized under the laws of the State of lowa,as Surety, hereinafter called Surety,are held and firmly bound unto, City of Cape Girardeau,401 Independence,Cape Girardeau,MO 63701 as Obligee, hereinafter called Owner, in the amount of Two million four hundred five thousand fiv hundr d fo �rtPPn & (1/100 Dollars($2 405 514.20 ),for the payment whereof Contractor and Surety bind themselves,their heirs,executors, administrators, successors and assigns jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated entered into a contract with Owner for Mount Auburn Road from Indeaendence St to Kingshighway in accordance with drawings and specifications prepared by Bowen Engineering and Surveying 1078 Wolverine Lane Suite J. Cape Girardeau. MO 63701 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if jointly of the lowest responsible bidder, arrange for a contract between such Contractor shall promptly and faithfully perform said contract,then this obligation bidder and Owner,and make available as work progresses(even though there shall be null and void;otherwise it shall remain in full force and effed. should be a default or a succession of defaults under the contract or contrads of completion aRanged under this paragraph) sufficient funds to pay the cost of The Surety hereby waives notice of any alteration or extension of time made by completion less the bala�ce of the contract price; but not exceeding, including the Owner. other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The tertn"balance of the contract Whenever Contrador shall be,and declared by Owner to be in defautt under the price,"as used in this paragraph,shall mean the total amount payable by Owner Contract, the Owner having pertormed Owner's obligations thereunder, the to Contractor under the Contract and any amendments thereto,less the amount Surety may promptly remedy the default,or shall promptly properly paid by Owner to Contractor. 1)Complete the Contract in accordance with its terms and conditions,or Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the contrad falls due. 2)Obtain a bid or bids for completing the Contract in accordance with its terms No right of action shall accrue on this bond to or for the use of any person',`or and conditions, and upon determination by Surety of the lowest responsible corporation other than the Owner named herein or the heirs, exgpi5���s�� �`r„,� bidder,or,if the Owner eleds,upon detertnination by the Owner and the Surety administrators or successors of Owner. '; ,��`,�`�� � `��r�r. �� � '..��i��e e `';- Signed and sealed this �5 day of ��1.r1� ,2p OC1, ;'�,'��";' � f '. F" �. ;� ; �"�~ y�.� �`•R d In the presence of: La e Cement F' 'shin In . '� f`� � � = a � �" � > '-f,.., .� � BY ( I L) �S �� ������'� �r ��•.� . ' S1 �� �''�� 3d�`1� � ,.:. (WITN SS) (TITLE) ' /'1'� �":', �';t��,`'�� , k . - w`�t UNITED FIRE&CASUALTY COMPA�(��*�' � ' ,'� 5ea1 —,-- � .) � (SUR ) as`�,t `, ` +, e '��.,. �° �' ,a'l `sa r ,�� P � , a By �n "' ° y, e.;. e�: (WITNESS ( TT Y-IN-FACT)" � '°• `' ;, '�F` �,: � .r,�� � � 9'� �` r - � ; �:. y <"'3� i(7 �{ t� �� � ) CONT 0002 1000 �r��Ity�l <<� ;� ?���t� 'J , ,) � +�,s . - . fa`x,4�G.'.. � < ; �' UNITED FfRE$CA.SUALTY COMPANY '� ' "` HOME OFfiCE-CEpAR RAPIDS,'fOWA CERTIF[ED�QPY Ol�POW�f�OF AT70RNEY (Original on file at Home Office of Company-See Certification) FCNC9W Al.L>MEN BY TH�SE PR€SfNTS, ;That the UNfT�D F1RE & CASUALTY COMPANY; a corporat#on tluly ,organized and; existin� untler the laws of the Sta#e,of lowa,'and having ifs;;principal office in Cedar Rapids, St�te of lowa, does'make, eonstitute and < appoint 1`t�DD A. WARD, DR NA{JCY STRAllSER; OR PRI5CILLA>B. HUNTER, ALL INDIVIDllALLY 0� THE GAPE ' GIf�AftDEAU, =M0 OFFTCE, OR CHARLES �+, DEClfERF OR ALAN li'. RAUS�NBERGER, OR B�tILAH,` M_ YOUNG, �R JASON '�2AU�ENBERGER, ALL INDIVIDUALLY o'f CARBOt�DALE TL !' its true and lawFul Attomey(�j-in-�act with power':�nd �uth�rity hereby conferred to si.gn, seal and execute in its behalf alf lawfuJ bond.s,urrdertakings and other obligatory i.nstruments of similarnature a5 follows:,:Any and A1 1 Bonds` �nd to bind iJN#TED F1RE& CASUA�T1� COMPANY thereby as fuily and to the sarne e�ctent as if such instruments irver8 5igned by ': the duly authorfze�l o�cers of UNtT£D FlRE & CA�UALTY COMPANY and al� the acts of said Attorney, pursuant ta#he authority; hereby given are hereby ratified and confirmed. The Authority hereby granted iS continuous and 5hall remain in full force and effect until revoked by UNITED FIRE & CASUALTY:�OMPA#VY. ' This'power of Attorney is made and executed purs�rant to and by authority ofi the foflcawing By-L�w duly adopted by Board of ` ` flirectors o#fhe Com{�any on April 48, 1973. "Artic[�V-Surety Bontis and Undert�kings" Secfion 2, Appointtnent of Attorney-in-Fact. "�"he President or any Vice President, or any other officer of the Company may, , from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies` of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attomey or special;pawer of ettarney or' certi€ication o# either autf�Afized hereby; such signature and seal, when'so used, being adopted by the Company.as the original sigr�ature bf such off#cer and the original seai of the Company, to be valid and binding upon'the Company viiith the sai�-ie forc� and effec# as though manually a�xed. Such attorneys-in fact, subjecf to the limitations set forth .in thei'r respective,certificates of authority shalt have full power to bind the Company by their signature and execution af any such insfruments and to attach'th� seal of the Company thereto. The President or any Vice Presidertt, theBoard o#Qireetors or any other officer of the Company may at any time revoke all power and authority previousiy given to any attorney-in-fact. IN YVITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these preser�ts to be signed by ���t�������f�ac�..,� its vicE president and its corporate seal to be hereto affixed this 12t h day ofi August, 2008 y`�,• �cnsu r., .,�' �. , c'� >�% =�' ccinroRnrF �� ' � --�-- !: �, UNITED FIRE;&CASUAtTY C�MPANY _� '�:� s�. �,` ',',���+$isiii«`��``` . By .tiy.i�w,..-� State:of Jawa; County of Lirrn, ss: ` Vice FCesident On 12th day of August, 2008, before me personally came Dennis J. Richmann ' to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Ra:pids, State of fowa; that he is a Vice ` President Qf the UNITED FiRE & CASUALTY COMPANY, the corporation described in and which execu�ed the above instrument;that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal;`that it was so=affixed'' ' pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like = authority, and acknowledges same to be the act a�d deed of s�id:corporation. , � '�Mary A Ja�sen i'�� lowa Notar�al Seal - � :�� . . Canmission numb�t �,,,� 713273� My Commissfon€xpires ��. � � � ,azsno ` NOtary Public I, the undersigned officer of the UNITED FIRE 8� CASUALTY COMPANY, do hereby ce�tify that I have compared the foregoing copy of the Powerof;Attorr�ey;�nd affidavit, and the copy of the Seation of the by-laws ofi>said Company, as set forth in safd Rower of , Attorney, with the ORlGII�f�LS ON F1L.E IN THE:HOME aFFICE OF SAID COMPANY, and that the same are correct trar�scripts > t#�ereof, and'of the whole'of the said originals, and tha#the s�id Power of Attarney has not been revoked and:is now<in full force and ; �#f@Ct. ��`,�i5►k1�AJlf���. �,.. �c.tsu,�,r,,� #n testimorty whe�eof f ha e hereunto subscribed my name and a�xed the corporate seal of:the said'Company ��`��' �.; this �..�_ day of 20 �. =� m�t'oanrE �; '-y'� s�' �� � ���r-, �,,�����''�"�"'��*��,`` Secretary ' BPOA00190706 � : " . S7'A1'E Uk'ILLINOIS ) ) ss CUUNTY OF JACKSON ) �n ____ a a a 4�_before me,a Notary Fublic nn sud for said County aud State, residing there ,duly cominissioned and sworn,pezsonally appeared Jason A. Rausenberger known to me to be Attorney-in-Fact of United Fire & Casualty Co. the corporation dascribed in and�at execut�ed the wi�thin and foregoing instrument,and imown to me to be the pcison who cxxuted the said instrument on beb�alf of the said corporation, and (s�e du�y acknowledged to me that such corpo�ation executed t�e same. iN WITNESS WHEREOF, 1 have hereunto set my hac�d and affixed my official seal, the day and year stated in this certificate above. `�FpC1AL SEqL. � � � ����'�y nolds Notary� c ssrbon's��� ois �xAires 06%06/11