HomeMy WebLinkAboutRES.2163.04-03-2006 ,
BILL NO. 06-66 RESOLUTION NO. �1���
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH LAPPE CEMENT
FINISHING, INC. , FOR THE LINDEN STREET
WIDENING AND IMPROVEMENT 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 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 Linden
Street widening and improvement project . A copy of said
Agreement is attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS �fC1 DAY OF ���, 20�.
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pm Jay . Knudtson, Mayor
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Gayle L. nrad, City Clerk
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CITY OF CAPE GIRARDEAU
LINDEN STREET W/DENING
AND IMPROVEMENT
STANDARD FORM OF AGREEMENT '
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the `�'�"h day of �a-� in the year
2006 by and befinreen the City of Cape Girardeau, Missouri (hereinafter catled OWNER)
and Lappe 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 consists of
reconstruction and widening, removal of existing pavement and construction
of a 7-inch Portland Cement Concrete pavement, with curbs, sidewalks,
driveways, retaining walls and handicap access ramps, storm sewers, ditch
work and all other appurtenances as specified in the bid documents for the
City of Cape Girardeau, Missouri.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within One hundred fiftv�150) calendar days
after the date when the Contract Times commence to run as provided in paragraph 2.3 of
the General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within One hundred eightv(180�days afterthe
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 OW�IER will suffer financial loss if the Work is not
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completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditians. 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 One Thousand 00/100 Dollars $1 000 00 for
each day that expires after the t�me 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 Two
Hundred 00/100 Dollars $1,200.00 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 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRfCES: Four hundred forty thousand nine hundred twentv-
seven and 13/100 dollars ($440,927.13)
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.
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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
previousiy 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 ifthe characterand
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER,on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case,
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work(but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95%of the Contract Price(with the balance being retainage),less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
fumishing of the Work.
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7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, pertormance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurtace conditions at or contiguous to the site and all drawings of physical conditions in
or relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the
determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent
of the"technical data"contained in such reports and drawings upon which CONTRACTOR
is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR
acknowledges that such reports and drawings are not Contract Documents and may not be
complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER
and ENGINEER do not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and
carefully studied (or assumes responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions(surface,subsurface and Underground Facilities)at or contiguous to
the site or otherwise which may affect cost, progress, performance or fumishing 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 conceming the Work consist of the following:
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8.1 This Agreement (pages A-1 to A-7 inclusive).
8.2 Exhibits to this Agreement (pages BF-1 to BF-8 , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits • and consisting of
4 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 , inctusive).
8.7 Specifications bearing the title Linden Street Widening and Improvement.
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF-1 to BF-8 , inclusive) marked exhibit A .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages_to
, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
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
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contrary in any written consent to an assignment no assignment will retease 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.
9.5 The General Contractor shall provide to the City of Cape Girardeau City Engineer's
O.ffice weekly certified payrolls from the General Contractor and all Subcontractors during
the course of the project. These may be provided on a weekly basis or submitted monthly
with each pay request.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or ideniified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on ���-�-� �- , 2006 (which is the
Effective Date of the Agreement).
OWNER CitY of Cape Girardeau CONTRACTOR Lappe Cement Fini�hi ,�,t.lr�ar.'s''�-.,,
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Douglas K. Leslie, Citv Manager Rand J. La e President = �:`� �j � ��<: '?_'�_
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[CO PORATE SEAL] CO TE S AL] /'�%,;'�.�,�������,�d``�'�
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Attest Attest • f��2Cfe`�u
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Address for giving notices Address for giving notices
401 Independence Street 8064 Hwy. B �
Cape Girardeau, MO 63703 Perryville. MO 63775
(If OWNER is a public body, attach License No. � � � ��� �
evidence of authority to sign and
resolution or other documents Agent for service of process: '
authorizing execution of Agreement.
$ ��� If CONTRACTOR is cor oration,
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O�` ��a�,. attach evidence of authority to sign.)
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EXHIBIT "A"
� CITY OF CAPE C�IRARDEAU
f1 L/NDEN STREET WIDEN/NG
� AND IMPROVEMENTS
f� BID FORM
� 6 (EJCDC 1910-18) (1990)
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� 1 PROJECT IDENTIFICATION: The improvement consists of reconstruction and widening,
removal of existing pavement and construction of a 7-inch Portland Cement Concrete
r� pavement,with curbs, sidewalks, driveways, retaining walls and handicap access ramps,
� ' storm sewers, ditch work and all other appurtenances as specified in the bid documents for
�
the Cfty of Cape Girardeau, Missouri.
y 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 thirty-five days after the day of
Bid opening. BIDDER will sign and deliver the required number of counterparts of the
6 Agreement with the Bonds and other documents required by the Bidding Requirements
,
within fifteen days after the date of OWNER'S notice of Award.
y 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: �LlstAddendabyAddendumNumberandDate)
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BF-1
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� (b) BIDDER has visited the site and become familiar with and is satisfied as to
the ;
general, local and site conditions that may affe�t cost, progress, performance and
� fumishing of the Work;
��
(c) BIDDER is famitiar with and is satisfied as to all federai, state and local Laws and
��� Regulations that may affect cost, progress, performance and furnishing of the Work. -
� � .
(d) BIDDER has carefulfy 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 exce t
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Underground Facilities) which have been identified in the Supplementary Conditions as
1 provided ir� 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
j such reports and drawings are not Contract Documents and ma not be com lete for
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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)
� j all_.such additional or supplementary examinations, investigations, explorafions, tests,
studies and data conceming conditions(surFace,subsurface and Underground Fa�ilities)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,
` f sequences and procedures of construction to be employed by BIDDER and safety
, p 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 fumishing of the Work in accordance with the
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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.
� , (� BIDDER has correlated the information known to BIDDER, inforrnation and
�j observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations,explorations,tests, studies and
; F data with the Contract Documents.
i . �
(g) BIDDER has given Engineer writtgn 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 gensrally sufficient to indicate and convey understanding of all terms and conditions for
� perForr�ing and furnishing the Work for which this Bid is submitted.
,
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� � (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
; y following price(s)
` � UNIT PRICE BID
�
NO ITEM UNIT EST. UNIT TOTAL
� QN, PRICE EST. PRICE
�
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� 1. Mobilization and Bonding L.S. 1 � �� '�°� $ � � �D �
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2. Removal of Existing Improvements L.S. 1 � p�, � � �� 1 �O
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r 3. Erosion Control L.S. 1 � l � $ ��., �j p,�
, 4. Traffic Control and Protection L.S. 1 $���- ,� � ��',�
j 5. Earth Excava6on C.Y. 2,811.5 $ ��7 � � 3�°
.
r 6. Earth Fill C.Y. 538.9 „
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$�35 � � 9a
7. 7"P.C. Concrete Pavement S.Y. 7,516.1 � p2 �--�, la $ 8 �3
, 8. 6"P.C. Concrete Driveway S,Y. 399.9 � a 3, �� $ � ,�°�
T 9. 4"Type 5 Aggregate Base S.Y. 11,290.8 $ I F q 3 $ a � � (
' 10. 4"P.C.Concrete Sidewalk S.Y. 2,535
� a q,� $ c- � a5
11, 6"Upright Integral Curb L.F. 4,605 $ � � � ���8,�
5
y 12. Storm Sewer 24"RCP Class III L.F. 416 `�� ` �
$.� $ i �-a .
y 13. Storm Sewer 18"RCP Class III L.F. 322.5 $ � �,� � jp��_�
14. Storm Sewer 15"RCP Class III L.F. 103 $ �(�, °� � p`Z(p d�
' 15. Storm Sewer 12"RCP Class III L.F. 167.6 $ �p,`t5 $ �l.�a� �a
� $ �� � 3 �o
16. Sanitary Sewer 8"SDR 35 L.F. 18 ,
�
� BF-3 Revised
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� 17. 24"Diamete�Flared End Secaon EA. 2 � � 31p �
18. Standard 4'x 4'Juncdon Box EA. 1 � � � � ��
� 19. Curb Inlet(Vaned Grate) EA. 2 � � p..�
s
�1� 20. Standard Single Inlet EA. 9 � � � $ �.�
� . � �
21. Standard Double Inlet EA. 6 � a p . $ �.
erD
22. Area Inlet EA. 1 � � � p
23. . Concrete Ditch L.F. 16 $ �� � ��
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� 24. Grade Ditches L.F. 625 $ '�j,15 � a,�
.
�? 25. 18"Thidc Rock Blanket S.Y. 6 $ � � �j 1 .�
� DO
26. 4'Diameter Precast Manhole EA. 1 $ d � �
{} ? $ r . ao $ � �
] 27. 5'Diameter Precast Manhole EA. 1 � ,� ,
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28. Block Retaining Walls S.F. 1,172.3 $ �� $� �p� 5a
� � . .
� '
� y 29. Handicap Access Ramps EA. 16 $_� �Q l'}'.� $ a �
,
t' 30. Asphalt Tapers L.S. 1 ��� �,� � 02 ��
tl
31. 6'Wide Painted Crosswalk L.F. 47 ��.��_ � a�, 30
, � � �
' 32. Adjust Manhole Rims EA. 8 $ $���.
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� � �
33. Adjust Gatevalve Boxes EA. 11 � � ��
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i i 34. Remove/Replace Signs/Mailboxes L.S. 1 � � D.� $ � .
; T 35. Tree Removal EA. 2 � g�� $ � � �.�
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36. Clearing and GNbbing L.S. 1 � ����a $ ���D.�
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' 37. Seeding,Fertilizer and Mulch AC. 1.35 $ I $ , ��Q .
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38. Fescue Sod S.Y. 161 $ �D � � a�
i : 39. Erosion Control Blankets L.S. 1 ���� ��p�� ,�
� f� 0�
' ? 40. Pedestrian Crossing Signs EA. 2 $ �. $ �� V •
� � TOTAL BID FOR ALL UNIT PRICES $ ''f'`t"O � �oZ�] . 13
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ritten fi ure /
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(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
e�ended, shall constitute the Bid.)
�� Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
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l � BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
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� j 5. BIDDER agrees that the Work will be substantially complete within One hundred fiftv
da s 150 calendar days after the date when the Contract Times commences to run as
�' provided in paragraph 2.3 of the General Conditions, and completed and ready for final
� payment in accordance with paragraph 14.13 of the General Conditions within One
Hundred eighty days (180) calendar days after the date when the Contract Times
i ' commences to run.
i . .
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
�? failure to complete the Work within the times specified in the Agreement.
� ;.
� �
, , 6. The following documents are attached to and made a condition of this Bid:
` ° (a) Required Bid Security in the form of bid bond or cashiers check.
� ,
(b) Required BIDDER'S Qualification Statement with supporting data.
� i
. , (c) Any Addenda issued.
` j 7. Communications conceming this Bid shall be addressed to:
, , ,.� .
' Name
, i
, Address �p (ot1 ° �
� y (a) Performance and Payment Bonding Company
� Name \ 1^� S(�tDl� a
p Address � � -P.Cc�j enUe .5� • .�. nX �13 bq ' �` O�l�(�, ,��Wq,
. � sa�}��-��8�
Agent\Power of Attorney Name (if used)
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Address
� 8. Terms used in the Bid which are defined in the General conditions or Instru ti n
c o s will
have the meanings indicated in the General Conditions or Instructions.
�� SUBMITTED on I�4��, 20�
�? State Contractor License No. �� � � d3
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IF BIDDER is:
� � An Individual -
� BY (SEAL)
(tndividual's Name)
? doing business as
y
Business address:
� �
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1 � Phone No.:
: s
A Partnership
r ? BY (SEAL)
� ' (Firm Name)
� � (General Partner)
' � . Business address: ;. ;�,
'�i-"�.: ,.''.1'.Y.,M,-
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� � �� �'.rr��'r
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Phone No.. �' ��/` ��;�`� �-�
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� Business address:
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Phone No.:
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; Date of Qualification to do business is
�} ? A Joint Venture
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(Name)
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� Phone Number and Address for receipt of official communications:
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�-� (Each joint venturer must sign. The manner of signing for each individual, partnership and -
� corporation that is a party to the joint venture should be in the manner indicated above.)
� 3
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BREAKDOWN OF WORK FORCE (Required):
I ; BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
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, , It is anticipated that the following subcontractors will be employed for work on this project:
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� , SUBCONTRACTORS:
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� CITY OF CAPE GIRARDEAU
� LINDEN STREET WIDENIlVG
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ADDENDUM#1
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� � March 20,2006
�� . The following revisions have been made to the above named Contract Documents:
( � The following revision has been made to the BID FORM page BF 3
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' ? NO. ITEM jJ� QTy
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15. Storm Sewer 12"RCP Class III L.F. 167.6
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' The following revisions have been made to the SPECIFICATIONS
�
,
Page S-1; Section 1 A is revised:
i A: All pavement work shall be constructed in accordance with the "Standard
Specifications for Street Improvements City of Cape Girardeau Missouri" as
' supplemented, modified or amended by the "Missouri Standard Specifications for
' Hi hwav Constnxction" Missouri Highway Department, 1999 and amendments
thereto, and as amended by these technical specifications.
k
Page S-3; Section 2 D is revised:
�
8. Fly ash is not pertnitted.
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This addendum must be signed and attached to your Bid Documents.
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' Date ,�._���� ��
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j . CITY OF CAPE GIRARDEAU
�? L/NDEN STREET W/DENING AND IMPROVEMENTS
�
�SPECI�ICATIONS
��
t � 1. General
(? The work to be pertormed shall consist of the widening and reconstruction of
[ � approximately 2,708 L.F. of Linden Street from West End Boulevard to South
Sprigg Street. This includes the rebuilding and replacing of concrete pavement
' and sidewalk, placing and compacting subgrade, relocating storm inlets,
� adjusting manholes, construction of retaining walls, and placing seed and straw.
� ' A. All pavement work shall be constructed in accordance with the " Standard
� y Specifications for Street Imarovements City of Cape Girardeau Missouri", as
supplemented, modified or amended by the "Missouri Standard Specifications
� � for Hiahway Construction", Missouri Highway Department, 1999, and
�� amendments thereto and as amended by these technical specificattons.
� f
B. The sanitary sewer and all necessary appurtenances shall be constructed in
� accordance with the "Standard Specifications for Sanitarv Sewer Construction
. � of the Citv of Cape Girardeau. July 1982", the Code of Ordinances for the City
of Cape Girardeau, and all other applicable state and local codes� these
` Specifications, and the Drawings for this project. Where conflicts arise, the
, Drawings and these Specifications shall govern over the Standard
d
Specifications.
= C. The contractor shall install erosion control measures as required according to
' the "Citv of Cape Girardeau Erosion Control Standards". Contractor shall be
` responsible for placing and maintaining erosion control measures until notified
by the Engineer.
y D. All sidewalks shall be constructed in accordance with the "Standard
Specifications for Sidewalk Improvements" of the City of Cape Girardeau,
y
Missouri.
� E. All work not governed by the preceding standard specifications or otherwise
, specified herein shall be governed by the most current applicable
specification of the "Missouri Standard Sqecifications for Highway
Construction".
4
6
. S-1 Revised
� :} ,
� 5. Before final finishing is completed and before the concrete has taken its
initial set, the edges of the slab and curb shall be carefuily finished with an
� edger of the radius shown on the plans.
ti .
B. Final Surface Finish. A broom finish shall be used as the final finishing
�� method. A hard bristle broom shall be used which shalt be kept clean and
6 used in such a manner as to provide a uniform textured surtace. The curb
shall have the same final finish as the pavement.
(�
i � The final surface of the concrete pavement curb shall have a uniform gritty
texture free from excessive roughness and true to the grades and cross
�� . sections shown required to produce the desired final surface texture.
b
C. Payment. Payment for Portland Cement Concrete pavement shall be made
� at the contract unit price per square yard.
3
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D. Concrete Mix Design. Proportion normal-weight concrete mixture as follows:
� 1. Minimum Compressive Strength: 4000 psi at 28 days.
2. Minimum Cementitious Materials Content: 5971b/cu.yd.
I � 3. Slump Limit: 3 inches, plus or minus 1 inch.
` = 4. Air Content: 6-1/2 percent, plus or minus 1.5 percent at point of delivery.
5. Maximum Water-Cementitious Materials Ratio: 0.45.
� � 6. Aggregate shall be Gradation B as described in Section 1005 of the
` ` "Missouri Standard Specifications for HiQhway Construction".
, T 7. Any variation or additions to the concrete mix must be approved by the
City Engineer.
` ` 8. Fly ash is not permitted.
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! ' Portland Cement shall meet the requirements of"Standard Specifications and
� ' Tests for Portland Cement" adopted by the American Society for Testing
� F Materials Designation C150 Type I/II.
� � Any variations or additives to the above mix must be approved prior to their
use by the City Engineer.
i � ,
E. Source Qualitv Control and Tests. Contractor shall require concrete suppliers
� to submit the proposed mix design of each class of concrete to the City for
y review prior to the commencement of work.
� 3. Aq�re�ate Base Course for Street Pavement
, ,
The work covered by this section consists of a four (4) irich thick base course of
� � aggregate compacted on a prepared subgrade one (1) foot beyond the back of
; curb according to the lines and grades as shown on the plans.
= S-3 Revised
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UNY7'�l7 F1RE 8c CASUAL t COMPANY .
1 I8 Second Avenue S� PO Box 73909 dar Raplds�Iowa 52407-3909
(A Storlc Com y)
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BID BOND;
1CNOW ALt.BY�SB PxEs�rrrs.that �Ppc Cement FIuishing,Inc.,8 Hi way�3
Perry�ville�MO 637'75 r
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and the L�►rTED FIR�8c CASUA�,TY COMPANY �p�dpa[,hereinatter ca�led the p�ncipal,
,a corpocad n duly oiganlzed tu�der the 1��,s of the State of IOWA,
as Sur�ty,hereinaftar called Surety,are held and flrrr�ly bo��y��� C Girardea 40] Inde dc�nce
C eG o p
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` as Obligee,hereinaRer called Ob(ige�
1n the sum of Fivg ercent of bid atltount '
($ %of ' ' Dollars
for d�e payment of whlch sum � �11 and ttvl�,to be madq the satd principal and the sald
Surety,bind ourseJves,our heir�executo�s,adminlsrc�ters,suc�es�and gnc,jolntly and several�j,flrtyy by these Pr�nts
Wl�t�+S, che 1'rincipa[has submitted a bid for ��nden Street wideAing�j$i rovettnents
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Novu Therefore, 1f the Obltgee sh�Jl accept the bid of the Principal and th �principal sha11 enter i�to a con�ract with the ppi���h
accocdance wlth the tetms of such bid,and glve such bond ar bonds as ma he specified in the biddi�or contrad documents wid�
�ood and sutficient surery for che faithPul performance of such contract an fot the prpmpt payment of labor arid materlal fumished
in the pmsecudon eheceof,or In the event of the faliwe�f tha Princip�al co ter suth contract and givo such 6ond w.bonds,;jt'tt►a
Princlpal shall pay to the Obli�ee the dit�erence not to eucceed the pe.nal5yr �reof betvueen the amount spedited in said bid�` ',U
larger amount for which the pbligee may ir►good faitn conQact with anot�'er
thls obllgaUon shall be null and void.otherwise to remain in full force andle�'ect�y t�pe��tha work cov�ned s -`;'"
bY y�t. �
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Sl�ned and sealed this 2'7_ th _ = f--�sR�"� =�
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` u�€�f�ie laws}af��s�t����#iv�r�f1Lf�����t�+S�Pf�f1Fi�E1� °��lf.�f(j�&F E�B�$fx#7��i��4 d�r��O�S;r,�s�rstttE��e and��Pc�� :,�
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< �FiT�R�rE►�`>W I�1T�`�iC�+r'R� t��? SHA�ON �i�i�1,,���}K.CfR �1�i'�fir� k�I1SE2�$���'�tr�C#R C1�E,�TA2I '�1��.Ll��x �'�tBDF�7A�B. I�`r ;d� � '�
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,;.: `1'�AC� A WARD,,iJl� ;t��PF�Y &����., i�$ PR�SC�Er�B $ ;f�tF}FTERr;:A�+7i I34T)I��I}1TIdT+�� ''�}� �AP';f�.` CrI1�R,j�� 1Kt7 . �'�'
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its frue�ncl:l�tFu�Attorn�y(s}in �act vvi�:pov��F an��tttho�t�r heF�lby cc��ifeFt'���9 s�#����al and ex���#e i�it�i�l�gl�a�!i��ur#�nt�s._.����•�:
> un�#�rk�kings a�tl t�ttrsr obligator�t;ic�strumert'ks 4f,air►�it�r r��tt'e a�f�ltcjw�; 1��Y and ��]. Bot�as ,� ' � r<
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ant�`t�`b��r�,�Jf��T���tR�.$��A�U�rLTY�C}4��P�I�Y t#�ereby�#��(��d,��e s�ime�xte��as if such��lt�ent�vv����gr��e#��t�e ���
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duly�u��rizezfi o:�e�QFs af IJNt7�#��tRE&C�l?�,L�Y CONlRAht�`�t�d a1.1 th�8c�s of�r�t�.Attorney, p�ar5ua�t�t to th��f��t��y h�..�; .`;�,,
: , � ,, :.. ;::.. � �:F��:
given a�e'fiecsby rati�ied aric�con�irmed. ,'` .. .:
Tiie A�thotrty h�reby granted rs c�rntC�luous atid�:hai(rerr��ln�n fui(force artd effect�ntil revoked by UNITED FIRE& .
: ...::�/��UALT`f CCS�vEf�ANY` >: �:'-�'�:�
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This��iver of/�}�o:mey rs�rada�nd �xE�ut�tl puFsvant to anc##�y a�thbnty di tha;failowii�ig gy Lawt tt�rty;'�d�p�ed by E3oarc�bf . _ <
C3kre��or�:of the�ompan�t a�Apr�t_18, 19��
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"�4r��le V•�u[�#y Bbnds�riii k�t�dextak��tg�" sa �r
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' ;:5.ection�r;Ap�o�tt�tment ofi A�torney-in-Fact. "The President or any Vice President or a�ty ot�erQffi�sc ts�f4te�ompany:l'rta� ',.,
from time ta.ffrne, appoirr��iy writt���e.rtificates attomey5-�-�ta act in behalf of the'�o���t�t in tt��i;;ex�ctrtion of po.ltc��s:��=�
insurance, bo�d�, underfakings��d 9xkie�obligatory i�t.trs�������ke t.laty�re. The signature of:any.officer authorized heFeby, �
ar��i the�iirp�rate S��t;may be af�ced;by facsimi��:tr�arij.r pQY}+�C c��tv��t�j(;or special powve�'of attamey or���tt��ation;i7.f;E;. �-.
�tther a��ar��e�ner��y, �uch si�[k'3t�irs;and se�f���o used; bern�`�d��'i by the Ctyrn(�ciny�s t��o���lRa�sfgna#��2�� '
` ° suc�otfi��r�n�'the An�s�ad;seal c��th+e Gompany,�,q�-�Val�d arrd;binding Uptsr�.tf�e Compa�ty�th t�t��arn�:ff�irce��d e.f�t`�s < �
thQ�qht rrt�nt��lly�:��xed:�►ich atfo►n'e�rs-in fc���,:s�'hject i�#he fti�tt�$firons�t:�4f� in their r���G'�#ve:�ert��cates q���t�flnf� :: w
&�i�ll#1av,�:'fuft pcitr'Yer E�;�ii�t�!#he C`�r�tpartY b�;�i,�i�,signatt�re ar�d�exeeution�fi.�rty.such inst�rtt��t�and ta�taet�fh�s�ai st� �';�
tft.e�bmpahy thettetca Tlte Presic#�ri���any Vice.F'resident�St�e�G�rd.4f DireC�dcs or any other;,of€'f�er of th��att�pany`t5��y at
any time revoke all power and au�h��i#y previ�usly.gi�er�;ta:�at�y at�dr�ey-in fa�. ',;,
.Nna� tN WITN�SS 1N�i�REO�,.the FJNI�'�fl�lRE &;�:ASUAG,'�'Y�QMPANY itas e�usec��3�se��es��#s.to be sig�l�d.b.Y:,;:s;:�.
� �t�%,'�,, it�vic�pr�iEten#<;�r�d its cQrpQrate s��t ttl be h�reto a�3�ed,�his 12tn.day of DeCember, �i7�� 4� �,'
'` �►i1�teRAT � ' : ` � t< .
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` U�tl'PEb!�IRE �CASUA4�Y CO#V�PAN'�.
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' B' a�»�� Vice President
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State of lo�a, Cnp;R�y Af Linn, ss:;::;. , ' .
f3n ;l�th d�y o£'Decem�e�, 2.Ofl�, before me persot��lly c�me Randy A. Ram10
to�e knowt�,v#!ho b�ing by rr�e dul�'sworn, did depose an�i say;`that f�e resides in Ced�.r l2apids, �tatQ Of��wa; that�ie is �Vlce '�; �„%��
PreSi�ier�t ofi`the Ui`�11T�D�IR�.&G�15UALTY COMPANY, the corporation described in�and which execut�d tl�e abQuet#�s�rul�3i°�r�fi�tha� :.:����`
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° he kna�ts the seai tit�aid sv1'pb��tron; that the;sea�>a�fixed to�he�;ai�t instrum.ent is suchcor orate se�};ttt��<i'f.was�t�aff��d�pu'r:s��;� �_
p s
to authority given by`the Board of Direetors of said corporation and thaf he signed hi n me thereto pursu�nt to like auth�irity, and '
a�knowledges sam�to be the act a�i�1 deed of�aid corppt��t�an.
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_ r�it c� PA`TTI V1i�Ai��FL� :. _ NQ ,i:ibllc , j�:
• '` ,�c+a��ui��.ioN rrt�wb�R 713274 My cQmrr�issi4n eXp{res : i�f�6/�fl0'7 � '"
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> i k.+AY �OIfi1�It881bN�,�iP113E�
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I,.the u�dersigned q�cer of th�UNITED FIR�& CASIlALTY CQMPANY,.;do hereby�ettify that I have;comp�red the foregQing copy of
the Power�f R#or�iey aRd'a�davrt;:and th�co�:y of the�e��on a�;the k�y#aws of said�o:Cnpany as set#ort�in s�id�'ower o€At��xrne�t ;, ''
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Wi#h.t��'C7R1�`.71NA�:S�JN F.II.�If�TF-!E F(Qlut�O�FI�E OF,;�Att�C�l�zf�'AI�'Y,�nc};tha#��e.s�me ara c¢r�ecttr�ns��tpti�:�liereof, ��d a� �.
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thc whole o�thr�said nr�gln�is �rid�hatthe��i�Paw�t of't�tt�rne�h2s not 4�en;revol��d artd is now ir� ful!fiot�e an�effeCt
�����,� In t�5ti�ort�r whet�of f have hereu�tn su1l�Grtbed tt��r��me�tn�f`aff�ed t#t�corpoF�.t�seal�1��the sai��otnparly ;
� �ti►s 2"7��..; day of Mat�r��: �b�.... .�,.:` �.:>
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BOND0019 0802 01
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ACKNOWLEDGMENT OF SURETY
State of Missouri '
County of Cape Girardeau
On this 27th day of March . 20 06 .
Personally appeazed before me Nancv Strauser who being duly sworn did depose and
say that he/she is the attorney-in-fact of the United Fire&Casualty Company of Cedar Rapids,Iowa,that the seal affixed to
the attached instrument is the Corporate Seal of said Corporation,and that said instrument was signed and sealed o�behalf of
said Corporation by authority of its Board of Directors and the said Nancy Strauser .
acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said �orporation.
o;t�jf"o��. DORIS L MOORE � ��,��
�.Nouo�:'L NOta�C�b�IIC,��@ Of MiSSoud ` ,s
s,r:--.�-'*e
'� �aF"`•� � M Commisslon#�0645 164
�''�;',_;;q;;��'� k�xplres October 18,2009
Notary Public
UND-20316
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UNIT�D gi� d� C�.SU�I.TY�ObI��+�kNY UNTI'�D LI� INSU�N� COh��NY
11$ S�COND ��N[T�, S.�., �.0. $oX ��909 C�D���IDS, I01lYi� 5�40?
NOTICE TO MISSOURI SURETY BOND HOLDERS
Should you have a questions about your bond or policy, please contact your insurance agent first.
If you are unable to contact or obtain infornyation from your agent, you may contact our company at
address and phone number below:
LINITED FIRE & CASUALTY COMPANY
ATTENTION: BOND DEPARTMENT
P.O. BOX 73909
CEDAR RAPIDS, IOWA 52407
1-800-343-9130
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UNITED FIRE&CASUALTY COMPANY
118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909
(A Stock Company) 54-160768
__
PERFORMANCE BOND
KNOW ALL BY THESE PRESENTS,that Lappe Cement Finishing, Inc., 8064 Highway B
(Here insert the name and address or legal[itle of the Contracror)
Cape Girardeau, MO 63701
as Principal, hereinafter called Contractor, and UNITED FIRE&CASUALTY COMPANY ,
a corporation organized under the laws of the State of Iowa,as Surety, hereinafter called Surety,are held and firmly bound unto
City of Cape Girardeau,401 Independence, Cape Girardeau, MO 63701 ,
(Here insert the name and address or legal Utle of the Owner)
as Obligee, hereinafter called Owner, in the amount of Four hundred forty thousand nine hundred
twenty seven & 13/100 Dollars ($ 440,927.13 ) ,
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 �� � ��C'�
entered into a contract with Owner for Linden Street wideninq &improvements
in accordance with drawings and specifications prepared by City of Cape Girardeau Engineer, 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 OFTHISOBLIGATION u such that,if and make available as work progresses(even though there should be a default or a
Contracror shall promptly and faithfully perform said contract,then this obligation succession of defaWts under the contract or contracts of completion arranged under
shall be null and void;othervvise it shall remain in full force and effect. this paragraph)sufficient funds to pay the cost of comple5on less the balance of the
'Ihe Surety hereby waives notice of any alteration or e3ctension of time made by the contract price;but not exceeding,including other costs and damages for which the
Ownec Surety may be liable hereunder,the amount set forth in the first paragraph hereof.
The term"balance of the contraM price;as used in this paragraph,shall mean the
Whenever ConVactor shall be,and declared by Owner to be in default under the total amount payable by Owner to Contractor under the Contract and any amend-
Contract,the Owner having performed Owner's obligatlons thereunder,the Surety may ments theretq less the amount properly paid by Owner to Contractoc . -
promptly remedy the default,or shal]prompdy :
Any suit under this bond must be instituted before the expiration oflt�v {?�yeais�h�
1)Complete the ConVact in accordance with its terms and condiUons or from the da[e on which final payment under the conVact falls due.c.a��4 °.
2)Obtain a bid or bids for completing the Con[ract in accordance with its terms and No right of action shall accn�e on this bond to or for the,use 6f a�perso�#-o�cor�ot���^, t�/�",.
condi[ions and upon deterrnination by Surety of the lowest responsible bidder,or,if tion other than the Owner named herein or the he'us,execukorg adminis�ti�to�or su�- = � �
the Owner elects,upon determination by the Owner and the Surety joindy of the cessors of Ownec - � . �--r '�
lowest responsible bidder,arrange for a con[ract between such bidder and Owner, �,"w- • - • r�z ' `^"��
� � � w� ;
Signed and sealed this 13th day of April ��;,°2006.' .'�' �
. ,����, "����
In the presence of: ,, Lapp Cement F' ishing, Inc. ..�5��� , �
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(Princip ,
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UNI ED RE&CAS LTY C£?1kYPt°�N1' `� (Sea�)
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By �`„"� ' ��-' .
(Wim (Attorney-in fact�, � ,�„f ..,,,
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CONT 00020798 ' ����.� f2 �'��h,,,
J��9,a.ss�A�PYi��aa��,�,i:.
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UNfI`ED FIRE 8 GASUALTY COMPANY
HdM��FFICE-CEDAR F2�IPIDS,14Wa `
CERTIFIED COPY OF POWER OF ATTORNEY . '
(COriginal on file at Home O�ce of Campany-See Certification)
KIUOVII A�L MEN Blf THESE PRESENT3,�'ha#ti�e UN17ED FIRE 8 CASUALTY C4MPANY, a corporation tluly orqani�ed and existing
under the'laws of the State of lawa, and having its;principal o�ee in Cedar R�pids; State'of lowa, tlaes rnake, constitute and apgoirit "
CYiAR1.ES W. DECKER, OR ALAN Fi. 12T�;USENBERGER, OR WILLIAI�! TALLMAN,' OR BEULAH M. YOUNG, Q�' CARBONDALE,
IL OR TODD A. WARD, OR NANCY STRAUSER, OR PRISCILLA B. HUNTSR, OF CAPE GIRARDEAU, MO ALL
INDI:VIDUALLY of'CARBOND�iLE IL : ;. ,:
its true and favvful Attorney(s)-in-Fact with power ar�d authority hereby conferred to sigFl,seat and execute in its behaif all lawft�l bonds,
undertalcrngs and other oblig:atory instruments af si€nilar nature as fioltows: Any and All 'Bonds
and to bind UNITED FIRE&CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the '
duly authorized officers o#UNITED:FIRE 8�CASUALTY�QMPANY and all the acts of said Attorney, pursuant to the authority hereby
given are hereby raflfied and`confirmed.
The Authori#y llereby granted is cantir�uous ancf sha11 remain in full foree and effect until revoked'by UNIT�D FIf2E& '.
CAS.UAL;fY COMPA�IY.
This power of Attc�rney is rriacie and executed pursuanf to and by;authorily of tfie#ollowing By-Law duly adopted by Bo�rd Qf :
- Directors of the Company'on April''{'8,1973. ;_
"Article V-Surety Bonds and Undertakings"
Section 2,Appointment 4f Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may,
from time to tirr�e, appoint:<by written certificates attomeys-in-fact to act in behalf of the C4mpany in the exec�tior�of paltoies of:
insu'tance, bonds; undertakings and other obligatory instruments of like nature. The signature of arty officer autharized herett�, ;
: and'the Cprporate�eal, may be affixed by facsimile to any power of attomey or special power of attorney or"certificati;oti of
either authoi�ized hereb�y; such signature and seal,when so used, being adopted by the Company as the originaf si��r�tut'e t�#
such officer and tha;orig�nal seal of the Company,to be valid and binding upon the Company witM the same fotce and ef�ect as "
though manually afFixed. Such attomeys-in fact, subject to the timitations set forth in their respec�tive certifie�tes af aufhc�r'tty `
shall haxe full power to bind the Company by their signature and execution of any such instruments and to attach the seat of
the Comp�ny thereto. The President or any Vice President,the Board of Directors or any othecofficer Qf the Compaay;may at.,
any time r�Voke al#pawer and authority previously given to any attorney-in-fact.
�.
IN WITf�ESS WHEREOF, the UNITED FIRE &CASUALTY COMPANY has cac�sed these presents tq be signed by
��t�j,�''�,, i�s viCe president and its corporate seal to be hereto affixed this 21st day of August, 2UQ3
i0t10UiE�� -
� �•—� f UNITED FIRE&CASUALTY COMPANY'
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4M�w�C�, , I
By � � ���� Viee Presidenfi
; State of lowa, County of�.inn, ss: �
On �lst day of AuguSt, 2003, before me personally came Randy A. Ramlo
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State ofi:lowa;that he;is a Vice
President of the UNITED FIRE&CASUALTY COMPANY, the corporation described in and which executed the above inst�ument; tMat
' he knows the seal bf said corporation;that the seal affixed to the said instrumertt is such cqrporate seal;#hat�t was so affixed pwrsuant
to au#hority given by the Board of flirectors o#said corporation and th�t he signed his narne thereto pursUa to like�uthority,and
ack�owledges sam�ta be#he act and deed of s�id cvrporation, I���� � ��
. I�AARY A.:f111� `Notary Pubtic c���
~ • COMMISS�ON NltMBf:F�T9
x ' �nN�Xs'��' My commissi pi s li3/26I�007 '
: r,i+• ."C>h r�4'S.
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,,,. ,
I, the undersigned of#icer of the UNITED FIRE &CASIfALTY COMPANY,;do hereby certify that I have compar�d th8 foregoing eppy of;:,
the Pawer of Attorney and affdavit, and the copy of the Section of#he by-laws of said Cornpany as set#ohh in said Power of AtCorriey,
witl�the t�RIGINALS ON FII�E IN THE HOM�OFFIGE O�':SAID COMPANY, and tha##he same are corre�t trans.cripts thereof, and of '
the who(e of the said origirtals, and that the said Power of Attorney has not been revoKed and is now in f.ull'force arid effecf. :
�,►�"""'""�n !n testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company
����'�` this 13th day of April 20 06
'�COi1�t41 � .
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.�-�-..�� 9eCretary
.
,
STA"TE OF ILLINOIS )
) ss
COUN"fY UF JACKSUN ) _
Un _._4 13 2006 before me,a Notary Public in and for said County and State, residing therein,
duly commissioned and sworn,personally appeared � Alan A. Rausenberger
known to me to be Attorney-in-Fact of lnited Fi e & .as �al t� Co.
the corporation described in and that executed the within and foregoing instrument,and known to me to be
the person who executed the said instrument on behalf of the said corporation, and (s)he duly
acknowledged to me ttiat such corporation executed t�e same.
1N WITNESS WHEREOF, I have hereunio set d and affixed my official seal, the day and year
stated in this certificate above.
,
,i "OFFICt, SEA —
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------------------------
UNITED FIRE&CASUALTY COMPANY
118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909
(A Stock Company)
54-160768
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS:
That Lappe Cement Finishinq, Inc., 8064 Hiqhway B, Perryville, MO 63775
(Here insert the name and address or]egal tide of the Contractor)
as Principal hereinafter called Principal,and LJNITED FIRE&CASUALTY COMPANY , a corporation organized under
the laws of the State of Iowa,as Surety, hereinafter called Surety,are held and firmly bound unto
Citv of Cape Girardeau,401 Independence, Cape Girardeau, MO 63701 ,
(I-Iere insert the name and address or]egal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,in the amount of
Four hundred forty thousand nine hundred twenty seven& 13/100 Dollars ($ 440,927.13 ) ,
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly
and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated ��-1 �, �GC1�
�
entered into a contract with Owner for Linden Street widening &improvements
in accordance with drawings and specifications prepared by City Enqineer, City of Cape Girardeau,401 Independence
Cape Girardeau, MO 63701
(Here insert full namG 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 if the Principal shall prompdy make payment to all ciaimants
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, materi-
al, or both,used or reasonably required for use in the performance of the contract, labor and material being construed to include
that part of water,gas, power,light,heat,oil, gasoline,telephone service or rental of equipment direcdy applicable to the Contract.
CONT 00030798
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 judgment for such sum or sums as may be jusdy 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 enve-
lope addressed to the Principal, Owner or Surety,at any place where an office is regularly maintained for the transaction of busi-
ness, 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,inclu-
sive 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 the against this bond.
,,,���`�<�,p,��•:
Signed and sealed this 13th day of April �:]};� 0 `, � �
.�t, c ,
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In cne P�e���e oe: Lappe Cement Finishinq, �IIC. l i` ` ^($eal) -., - �� ;
--- .�-� . ...� . _ �� c.3 -
(Principa]) � k., . �'
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UNITED FIRE&CASUALTY COMP:��1Y ��-� ��i��.�
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. By �--�✓�-.-.---�„-.--- � �-
� fif�
(Witn (Attomey m faci) �
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UNI�ED FlRE 8 CASUALTY COMPANY
HOM�UFFICE-�EDAR R�IRIDS,IOWA
,
CERTIFIED COPY OF POWER OF ATTORNEY
(Qriginal or�file:at Home C��ce of Company-See Certification)
KNOW Ai.L MEN BY TH�SE PRESENTS, '�hat the UNITED�IRE 8�CASUALTY COMPANY, a corporation duly;organized anc�exis#ing:
under:the-laws of#he State of lowa,'and having its.priR�ipal affice:in Cedar Rapids; �tate o€lowa;;does mak�, constittat�:and appoi►�t
CHAi2LES W. DECKER, OR ALAN I�. 1ZAUSENBERGER, OR WILLIAIi TALLMAZi,' OR BEULAH bI. YQUNG, OF'C�4RHONDALE,
IL OR TODD A. WARD, OR NANCY STRAUSER, OR PRISCILLA B. HUNTER, OF CAPE GIRARDEAU, MO ALL
TNDIVIDUAL�Y af CARBONDALE IL
its true and fawful 1�ttorFley{s)-in-fia�with power and sutho�ity hereby cor�ferred to sign, seal and execute ip its behai#all lawftif bands, ;
underfakings and other obligatory irtstruments of similar nature as#oflows: _Any and A1,i Bonds
and to bind UNITED FIRE&CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers of UNITED FIR�&CASUALTY�QMPANY and atl the acts of said Attorney, pursuant to the authority hereby
given ar�.hereby raftfied and:canfirmed.
` The Auihority hereby granted is�ontinuous and sfiall r�main in futl force and effect until tevoked by UNITED�IRE 8�
< ,
, ;:
CASUALT'COMPAI�tY. _. ;
This power of Attorney is made and execated pursuant to and by;authority of the fiollowing By-Law duly adopted by Board of
Directors of the Company on April 18, 1973.
"Article V-Surety Bonds and Undertakings"
Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may,
' from time to time, appoint;by written certificates attorneys-in-fact to act in behalf of the Company in th.e execution caf pol.iC�Qs:of.,
` insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized here6y, ;
; and the Corparate seal, may be affixed by facsimile to any power of attorney or special povver Of attorney or Certifi�atiott'of
eititer authorized he[eby; such signature and seal,when so used, being adopted by the Company as the original si�natEtre af
such officer and the prigtn.aT seal of the Company,to be valid and binding upon the Company with the same fo�ee and eff.ect aS '''
though manually afifixed: Such attorneys-in fact, subject to the limitations set forth in their respective certifrcates of authflri#jr '
shall have full power to bind the Company by their signature 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 cafficer of th.e Company may at,,.,
> any time revoke all pa�rver and authority previously given to any attorney-in-fact.
IN WITNESS WHEREOF, the UNITED FIRE &CASUALIY COMPANY has caused these presents tti be sig�ed by
�,ti�t�j,�''�,, its vice president and its corporate seal to be hereto affixed this 21st day of AuguSt, 2003
` �` CBUOUTE��
� "''—' UNITED FIRE&CASUALTY COMPANY '
�=�L ��
.�
�����
By � � q��: �/ice Pres}derifi
State of lowa;County of Linh;ss: �
' On 21st day o� August, ;2003, before me personally came Randy A. Ramlo
to me known, who being by me'duly sworn, did depose and say; that he resides in Cedar Rapids, Stats Qf Fowa; that he;i.s a Vice>:
>:
President of the UNITED FIRE&CASUALTY COMPANY,the corporation described in and which executed the above insttument; that
he knows the seal af said corporatit�n;that th'e sea!affi�ed to the said instrument is such carporate seal;that't was so affixed pursuant
: to authoCity given by the Board of Directars of said corpara#ion.and that he,signed his namethereto pursua to I+ke��athority, and
acknowkedges s�me to be the ac�and deed of said corporation. (`��!��� � ��
G� �
4• ,� �MRYA.`dA�� `Notary Public ��� `
�pMMISSION NtlM ' My comrnissi pi s.:` 10/2Fj2007
s ' q;nN�(P�aE-�'
. • Mr ^C)h,iv1�( ;
,x. i--E-�..-�P-�,7---
I, the undersigned officer of the Uf�1TED FiRE &CASUAL'#'Y'eOMPANY,;do hereby certify that I have compared the fioregoir�g cqpy of s
the Power of At#orney;and a�fiida�it,and the eopy of the Section of the by-I:aws of saisi Company as set forth in said .Power r�#At�orn�y, ;
with the'Of21GINALS ON FIL� IN THE HOME OF�ICE OF SAIC3 GOMPANY, and that fhe same are correet transeripts there�f, �hd of '
the whole°of the said originals, and that the said Power of Ai#orney has ttot been revaked and is now in full force ahd effect.
��,s� n ln testimony whereof I have hereunto subscribed my name and a�xed the corporate seal of the said Company
'�t�j,�s° this 13th ���of �1Pr�l 20 Q6 ,
� t0ltOLLiE��
...._.
o i��L
A''
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�,� `�� 5ecretary
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STA"I'E OF 1LLINOIS )
) ss
CUUNTY UF JACKSUN )
Un __4 13 2006 before me,a Notary Public in and for said County and State, residing therein,
duly commissioned and swom,personally appeared Alan H. Rausenber�er
known to me to be Attorney-in-Fact of Uni ted Fire &sasLal t�_Go.
the corporation described in and that executed the within and foregoing instrument,and known to me to be
the person who executed the said instrument on behalf of the said corporation, and (s)he duly
acknowledged to me that such corporation executed t�e same.
1N WITNESS WHEREOF, I have hereunto set my d and affixed my official seal, the day and year
stated in this certificate above. ;� �
:
"OFF AL, L"
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