HomeMy WebLinkAboutRES.2225.12-04-2006 BILL NO. 06-254 RESOLUTION NO. �`�j
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH NIP KELLEY
EQUIPMENT COMPANY, INC. , FOR THE HISTORIC
CAPE GIRARDEAU BRIDGE RESTORATION PROJECT,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE l . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Nip Kelley Equipment Company, Inc . , for the
Historic Cape Girardeau Bridge Restoration Project, in the City
of Cape Girardeau, Missouri . A copy of said Agreement is
attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS ��� DAY OF (����r , 20 � .
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Gayle L. nrad, City Clerk
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�-� � CITY OF CAPE GIRARDEAU
Historic Cape f3irardeau Bridge ResUoration
STANCIARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRiCE
THIS AGREEMENT is dated as of the��day of_� in the year 20
.Q� by and between the City of Cape Girardeau, Missouri(hereinaft r called OWNER).and
N tp Ke I I ey Equ ipment Company, i n�. (hereinafter ealled. 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 specifi�d or indicated in the Contract
Documents. The Work is generally described as follows:
The work to be pertormed under these Contract Documents consists of...
The restoration and refurbishing of the remaining bridge section located at
the corner of Morgan Oak St. and Spanish St., along with the construction of
, a new overlook terrace, which includes the construction of concrete
sidewalks and parking area, and miscellaneous stormwater piping and all
neeessary appurtenances associated with this project according to the
Contract Documents for the City of Cape Girardeau.
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
Contraet Documents in connection with completion of the Work in accordance with the
Cantract Documents.
Article 3. CONTRACT TIMES.
3,1 The work will be substantially completed within nine 90 calendar days after the date
when the Contract Times commence to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph
14.13 of the General Conditions within thirtv (30) days after the date when fhe Contract
Times commence to run.
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a 3.2 Liquidated Damages. OV�INER and �4NTRACTOR 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 specifled in paragraph 3.1 above., plus any extensions thereof
allowed in accordanc�with Article 12 of the General Conditions. They also recognize the
delays, e�ense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on ti�ne. Accordingfy, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquida�ed damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER five hundred ($500L for each day that
expires after the time specified in paragraph 3.9 for Substantial Completion until the Work
is substantially complete. After Substantial Completion, if CONTRACTOR sh�ll neglect,
refuse.or fail to complete the remaining Work within fhe time$pecified in par�graph 3.1 for
completion and readiness for final payment or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER three hu,�dred l$300) for each day that
expires after the time speaified in paragraph 3.1 for completion and readiness for final
payment.
Article 4, CONTRACT PRICE.
OVa/NER 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 e�timated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALI. UNIT PRICES: Four hundred nineteen thousand four hundred �� 419,481.72 �
e g y-one b ars an seven y- o cen s
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 PROCEDURE3.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Paym�nt wi�l 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 para�raphs 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 compfeted)or, in the event there is
no sched�le of values, as provided in the General Requiremer�ts.
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� 5.1.i Prior to Substantial Completion, progress payments will b�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 EIVGINEER shall determine, or 4WNER may
withhold, in accordance with paragraph 14.7 of the General ConditiQns.
90% of Work completed (with the balance being retainage). If Work has
been 50%completed as determined by ENGINEER�and if the chara�ter and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER,on recommendation of ENGINEER, may determine that as long as
th� 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 shalt 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 represen�ations:
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
gener�l, local and site conditions that may affeGt cost, progress, performance and
furnishing of the Work.
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7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and locai Laws ;
and Regulafions that may affect cost, progress, performance and furnishing of the Work.
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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 conditfons in
or relating to existing surface or subsurtace structures at or contiguous to the site (except t
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
.
in ormation 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, subsurtace 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, exptorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times t
and in accordance with the other terms and conditions of the Contract Documents. 1
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. L-
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, fiests, i
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts,errors,ambiguities i
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. i
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Article 8. CONTRACT DOCUMENTS. �
The ContraGt Documents which comprise the entire agreement befinreen OWNER and '
CONTRACTOR concerning the Work consist of the following: i_
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8.1 This Agreement (pages �-� to A-6 inclusive).
8.2 Exhibits to this Agreement (pages BF- 1 to BF- 9 , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of
pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 42, inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SG-1 to SC- 5 , inclusive).
8.7 Specifications bearing the title Historic Cape Girardeau Bridqe Restoration
8.8 Drawings— Sheet 1 to Sheet 23.
8.9 Addenda numbers�to 2 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 9 , 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 Condifions.
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 th�
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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.
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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 strickeri, and all remaining provisions shall '
continue to be valid and binding upon �WNER and CONTRACTOR, who agree that the �
Contract Documents shall be reformed to replace such stricken provision or part thereof
w"ith a valid and enforceable provision that comes as close as possible to expressing the '
int�ntion of the stricken provision.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in '
multiple copies, One counterpart eaeh has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACT�R or identified by `
ENGINEER on their behalf.
This Agreement will be effective on ��iNu�a,ey � 0 (which is the �
Effective Date of the Agreement). ,
OWNER Citv of Cape Girardeau CONTRACTOR •• 1
Douqlas K. Leslie City Manaqer_ N i pnKe I I ey Equ�i pm ' P r�P nyi�d n�t ` �y� � �`�
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C PO TE SEALI y. [COFjPO TE SEAL] .�v� �.'". -�` = �
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Attest Attest '�/ � .�— � ��°�s
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G A •G. COA/RAO SEc%,i�—a7�.� L
Address for giving notices �%''`� e'�'eK qddress for giving nofices
401 Independence Street 41 N o r t h S p r i a a S t r e e t �
Cape Girardeau MO 63703 C a p e � t r,a r d e a u , M o 6 3 7 0 1 '
(If OWNER is a public body, attach License No. 1� q � }
evidence of authority to sign and
resolution or other documents Agent for service of process: i
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r�i`t�g�r�x�cution of Agreement.
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� ' ` EXHIBIT "A"
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CITY OF CAPE GIRARDEAU
Historic Cape Girardeau Bridge Resforation
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The restoration and refurbishing of the remaining bridge
section located at the corner of Morgan Oak St. and Spanish St., along with the
construction of a new overlook terrace, which includes the construction of concrete
sidewalks and parking area, and miscellaneous stormwater piping and all necessary
appurtenances associated with this project according to the Contract Documents for the
City of Cape Girardeau.
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 pertorm 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 limita�ion those deafing 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
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: �List Addenda byAddendum Number and Date)
Addendum #1-----___Octbber 3, 2006
Addendum #2--------
October 10, 2006
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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 affect cost, progress, pertormance 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, pertormance 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 (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
deterrnination of this Bid for performance and fumishing 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 Vl/ork 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 fumishing the Work for which this Bid is submitted.
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; (h) This Bid is genuine and not made in the int�rest 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)
UNIT PRICE BID
NO ITEM UNIT EST. UNIT TOTAL
Q�J-Y, PRICE EST. PRICE
1. Site Preparation LS 1 $ ��().(�} $ � � �,(Iv
2. Temporary Erosion Control LS 1 $ 3 ;� � C���j
3. Curb Inlet and Outlet Structure Each 6 $ �(�p � f(J L�/(�,da
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4. 24"Reinforced Concrete Pipe(RCP) LF 306 � � a 7 ��
5. 12"Reinforced Concrete Pipe(RCP) LF 15 � (�(� � � ,�
6. NOT USED
7. Rock Excavation(Trench) CY 10 $ �(� ,�j $ �O. Ua
8. Concrete Curb and Gutter LF 470 $ g.On $ ,� O-�
9, Concrete Pavers on Compacted SY 312 $��� �_�(G, �,�
Granular
10. Bollards(lighted) Each 16 $–l�'T C� $ �
11. Bollards(unlighted) Each 10 $ '� 3-� $ � L��3�
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12. Trash Receptacles Each 4 $� '� �� � �, 3 g a o�
13. Benches 4' Each 3 $ p ' ,�p $ �, (�q� Q p
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14, Benches 6' Each 2 $ o Q .40 $�� (p• C7lI
15. Concrete Sealant and Coating LS 1 $ ��pF QQQ,(Jp $ Gj OoO.04
16, Electrical Work LS 1 � g �(�•aQ $ g f $�,av.
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, 17. Bridge and Terrace Street Lights Each 2 $ ,,�$�, Oa ������
18. NOT USED
19. NOT USED
19A NOT USED
20. Helical Pile Each 7 $ �S .C� $ 0 30 _OZj
21. Helical Test Pile Each 1 $ � ' ,��
22. 6"Concrete Wail Enclosure LS 1 $ p�Q ,�f . UO � � ;p�
23. 4"Concrete Floor Under Bridge LS 1 $ � � Q.Dv $�_(pd.00
24. %.Scale Columns Each 2 � f f,g 7� $_y���: g��,do
_..��.,,�� :f_c_..�
25. Concrete End Barrier LF 23 $_ .Q p $—"��.UO
26. Transverse Beam Support LS 1 $ '`� ,(j� $ �,��
27. Miscellaneous Concrete Repair LS 1 $ � �0 $ l3 � v(�
28. Addi�onai Approach Wall Support LS 1 $ ��, (0�0 � (�(�0_�
_�_,
29. NOT USED
30. Leveling Course on DecklApproach SY 229 $ �9. $ � 7�
31. Concrete Pavers on Qeck/Approach SY 229 $ /�f , f� $ , �
32. Bridge Railing LF 280 $ r.j $�ttT'�0�
33. Installation of Original Flag Poles Each 4 � � (7� ��
$ O,
34. Installation of Original Light Fixtures Each 4 $ . r o,0� $ � ��
35. Concrete Columns at University Each 2 $1L���' J ) °Qp � -OO
Entrance
36, Big Eyes Unit Each 1 � � /� 3c�.� �� a_Ov
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37. Trees Each 5 $___���� $ ��C�
38. Shrubs Each 206 � � � .
39, Sodding SY 650 � , Q $__�:�p,0�
40. 1 %Z"Taprock Mulch Ton 30 � lp � $ , �U
41.. Weedbarrier for Planting Beds SF 2800 � � �� $ /, �,' �.�v
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� .ov $ 3�.c�a
43. 6"Conaete Street SY 625 $�f�,1 � $� ���
44. 4"Concrete Sidewalk LF 110 $ �,p v ��v� 3���
`7`_
45. 18"Concrete Seat Wall LF 25 $ 3�� 0 C� $ � �f�
46. 34"Concrete Wall LF 102: $�,� $ Ov
47. %:Scale Matching Bridge Columns Each 2 � .Q j � �a,�
48. Drainage Outfall and Swale LS 1 � �G,� $ �� ��
Improvements
TOTAL BASE BID FOR ALL UNIT PRICES
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BASE BID (Written figure)
ALTERNATE BID ITEMS
A1. Morgan Oak Street Lights Each 4 � �0 $ ���o��
A2. Spare Street Light Assembly Each 1 $ '7 '�� � � 7�� 0 U.
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��, ��1�a� o TOTAL BAS BI US ALTERNATES (Written figure) �
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(Total bid amount is to be shown in both words and figures. Ir�case o�di�pancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
In selecting the LOW BIDDER,the OWNER will consider the amount of the BASE BID
or BASE BID plus ALTERNATES and make a decision on what will be in the besti
interest of the PROJECT.
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: BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within ninety days (901
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 and twentv
da s 120 calendar days after the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check.
(b) Required BIDDER'S Qualification Statement with supporting data.
(c) Any Addenda issued.
7. Communications concerning this Bid shall be addressed to:
Name Vi� Keilev
Address 4i No�th Snricrc� St. , Cape Girardeau, MO 63701
(a) Performance and Payment Bonding Company
Name Merchant ' s Bondin Com an
Address 2100 Fleur DRive, Des Moines, IA 50321
AgentlPower of Attorney Name (if used) Donald Wasoba
Address 22 Avocado Tree Circle, St. Peters, MO 63376
8. Terms used in the Bid which are defined in the General conditions or tnstructions wilf
have the meanings indicated in the General Conditions or Instructions.
SUBMITTED on October 17 � 2006
State Contractor License No. 0010575
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IF BIDDER is: �
An Individual
By (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
. BY�� ti�� � Ni Kelle E ui ment Co. , Inc. (SEAL)
; i 1� J r� �
, " ��'� ;�, �x �}�'� (Corporation N e`
{�ax��`���t11ii��t'�, �r;����`��{�s<'�}:;�SOUY'1 1
3������1 '�" t-���°�,;r�`r�����
.� r � (State of In r on)
,
�,�� �� _;' i Kelle (SEAL)
� � {
t :°���, f� ;��� �- �t�� (Name o Person orized to Sign)
}�:c� � Gidc�nt
'� '� < <,���', •,�� (Title)
,,��,,���ar��r��,�' .:� :
/ /,+�l it 1'�
����/J � M I y!.
(�_. ���JJ1 3 �t Ft .:�
f� 1�, ���p ' �,
E �.
'., 1 i y-ft�'.,y :....`. .
.= Secretary) Frank Myers
' Business address: 41 rrorth s ri st. �
Cape Girardeau, MO 63701
Phone No.: 573-334-08�53
Date of Qualification to do business is
BF-7
.
- � A Joint Venture
By (SEAL)
(Name) �-
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(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.)
,
BF-8
' � � •
<
.
BREAKDOWN OF WORK FORCE (Required):
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
A�.1 other work. not li�ted below.
It is anticipated that the following subcontractors will be employed for work on this project:
SUBCONTRACTORS:
(Name) (Type of V1/ork)
SEMO Mudjacking Helical Pile
Service Electric Electrical
Kluesner Construction Flat Concrete
Majestic Services Concrete Pavers
Foeste Nursery Landscaping
Slinkard Painting Concrete Sealant & Coating
BF-9
, . ' . �vcrNeeRs Q
r���secl6�aroa;i�lified V;1 R'06
.
• SECTION 00452- SPECIAL BIDDING REQUIREMENTS
The following is a list of documents which must be submitted along with any other bidding
requirements required elsewhere. Failure to submit these documents with the bid proposal will
constitute an incbmplete bid.
A. Include the following documents with the Bid Proposal:
1• Bidders Anti-Collusion Statement
2. Disadvantaged Business Enterprise Contract Provisions
END OF SECTION 00452
Attached:
Bidders Anti-Collusion Statement
Disadvantaged Business Enterprise Contract Provisions
Historic Cape Girardeau Bridge Restoration - S&C#605460
00452 - 1
.
,
ANTI-COLLUSION STATEMENT
STATE OF Missouri �
)SS.
COLTNTY OF Cape Girardeau )
Vince Kelley
being first
duly sworn,deposes and says that he is 1'resident
Title of Person Signing
of Nip Kelley Ectuipment Co. , Inc.
Name of Bidder
that all statements made and facts set out in the proposal for the above project are true and correct; and that
the bidder (The person, firm, association, or corporation making said bid) has not, either directly or
indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action in restraint
of free competitive bidding in connection with such bid or any contract which may result from its acceptance.
Affiant further certifies that bidder is not financially interested in,or financially affiliated with,any
other bidder for the above project.
By
By
By
Sworn to before me this�_day of��t?�� 20�
�
Nota I' blic
i I_
My Comrnission Expires ���U, q ('c.��
8TAC1 L.P�1��;;�
Commlasion�OS4��2y`7
Notary RubHa-Notary 3eal
8tata of Mtssouri
Scott Counry
My Commisslon Expires Feb.9, 204�
; October 1988 Sheet 1 of 5 PART A
� . .
� DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS
. (PART A) .
POLICY
It is the policy of the U.S. Department of Transportation and the Missouri Highway and
TransporEation Department that businesses owned by socially and economically
disadvantag�d individuals (DBE's) as defined in 49 CFR Part 23, have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with.Federal funds. Consequently, the requirements of 49 CFR Part 23, and Section
106(c)of the Surtace Transportation and Uniform Relocation Assistance Act of 1987
apply to this contract.
OBLIGATION 4F THE CONTRACTOR TO DBE'S
The contra�tor agrees to insure that DBE's have the maximum opportunity to participate
in the pertormance of this contract and any subcontract financed in whole or in part with
Federal funds. In this regard the contractor shall take all necessary and reasonable
steps to insure that DBE's have the maximum opportunity to compete for and perForm
contracts. The contractor shall not discriminate on the basis of race, color, age,
national origin, or sex in the performance of this contract or in the award of any
subsequent subcontract.
BANKING SERVICES
The contractor is encouraged to use the services of banks owned and controlled by
socially and economically disadvantaged individuals.
GEOGRAPHIC AREA FOR SOLICITATION OF DBE'S
The contractor shall seek DBE's in the same geographic area in which the solicitation
for subcontracts and materials is made. If the contractor cannot meet the goals using
DBE's from this geographic area, the contractor shall as a part of the effort to meet the
goal, expand the search to a reasonably wider geographic area.
DETERMINATION OF PARTICIPATION TOWARD MEETING THE DBE GOAL
DBE participation shall be counted toward meeting the goal as follow:
a. Once a firm is determined to be an eligible DBE, the total dollar value of the
contract or subcontract awarded to the DBE is counted toward the goal.
b. The contractor may count toward the DBE goal a portion of the total dollar value
of a subcontract with a joint venture eligible under the DBE standards equal to
the percentage of the ownership and controls of the DBE partner in the joint
venture.
, : , �ctober 1988 Sheet 2 of 5 PART A
� c. The contractor may count toward the DBE goal, expenditures to DBE's who
r perForm a commercially usefui function in the contract.-A DBE is considered to
pertorm a commercially useful function when responsible for execution of a
distinct element of the work of a contract and the carrying out of the
responsibilities by actually pertorming, managing, and superv�sing the work
involved.
d. The Contractor may count toward the DBE goals 60 percent of its expenditures
for materials and supplies required under a contract and obtained from a DBE
regular dealer, and 100 percent of such expenditures to a DBE manufacturer.
(1) A regular dealer is a firm that owns, operates, or maintains a store,
warehouse, or other establishment in which the materials or supplies
required for the performance of the contract are bought, kept in stock, and
regularly sold to the public in the usual course of business. To be a
regular dealer, the firm must engage in, as its principal business, and in its
own name, the purchase and sale of products in question.
(2) A regular dealer in such bulk items as steel, cement, gravel, stone, and
petroleum products need not keep such products in stock, if it owns or
operates distribution equipment. Brokers and packagers shall not be
regarded as manufacturers or regular dealers within the meaning of this
section (i.e., a truck hauler is a regular dealer when the firms owns,
operates and maintains or leases, operates and maintains the distribution
equipment for the delivery of the above products to the public in the usual
course of business. Ad hoc performance for one contractor or select
group of contractors does not qualify as a regular dealer.)
(3) A manufacturer is a firm that operates or maintains a factory or
establishment that produces on the premises the materials, or supplies
obtained by the contractor(i.e., a supplier who produces goods from raw
materials or substantially alters them before resale).
e• A contractor may count toward the DBE goals the following expenditures to DBE
firms that are not regular dealers or manufacturers:
(1) The fees charged for delivery of materials and supplies required on a job
site (but not the cost of the materials and supplies themselves) when the
hauler, or trucker is not also the manufacturer of or a regular dealer in the
materials and supplies, provided that the fee is determined by the
Missouri Highway and Transportation Department to be reasonable as
compared with fees customarily allowed for similar services.
GOAL FOR THE AMOUNT OF WORK TO BE AWARDED TO DBE'S
The following goal has been established for this contract. The dollar value of work,
� supplies, and services will be based on the amount anticipated to be paid to DBE's,
.� , i � , October 1988 Sheet 3 of 5 PART A
� For firms owned and controlled�by socially and economically disadvantaged individuals
. (DBE's) the goal for the amount of work to be awarded is 4 % of the total contract price.
Failure to meet the contract qoal or to furnish documentation acceptable to the
Commission or efforts to meet this oal ma be cause for re'ection of the bid.
REPLACEMENT OF DBE SUBCONTRACTORS
The contractor shall make good faith efforts to replace a DBE subcontractor who is
unable to perform satisfactorily with another DBE subcontractor. Replacement firms
must be approved by the MoDOT.
DOCUMENTATION OF GOOD FAITH EFFORTS TO MEET THE DBE CONTRACT
GOAL
Good faith efforts to meet the DBE goal may include such items as, but are not limited
to, the following:
(1) Attended � pre-bid meeting, if any, scheduled by the Department to inform
DBE's of contracting and subcontracting opportunities.
(2) Advertised in general circulation trade association and sociatly and economically
disadvantaged business directed media concerning the subcontracting
opportunities.
(3) Provided written notice to a reasonable number of specific DBE's that their
interest in the contract is solicited, in sufficient time to allow the DBE's to
participate effectively;
(4) Followed-up on initial solicitations of interest by contacting DBE's to determine
with certainty whether the DBE's were interested.
(5) Selected portions of the work to be pertormed by DBE's in order to increase the
likelihood of ineeting the DBE goal (including, where appropriate, breaking down
contracts into participation);
(6) Provided interested DBE's adequate information about plans, specifications and
requirements of the contract;
(7) Negotiated in good faith with interested DBE's, nof rejecting DBE's as unqualified
without sound reasons based on a thorough investigation of their capabilities;
(8) Made efforts to assist interested DBE's in obtaining bonding, lines of credit or
insurance required by the Department or by the bidder; and
(9) Made effective use of the services of available disadvantaged business
organizations, minority contractors' groups; local, state and Federal
disadvantaged business assistance offices; and other organizations that provide
assistance in the recruitment and placement of DBE's.
_ � , : . O�tober 1988 Sheet 4 of 5 PART A
. The undersigned certifies that the follawing steps have been taken to obtain DBE
� participation:
� We placed an advertisement in theSoutheast Mfssourian on October 14,
15 and 16th, 2006
2• We called DBEs previously used on our projects. _
3.
4:
5.
6. "
7.
8.
SPECIALTY ITEM
Subcontract work awarded to DBE subcontractors not to exceed the amount specified
in the proposal or the amount designated in the contract by the contractor whichever is
less and not to exceed a total of 20% of the contract will be considered specialty items
under the provisions of Sec 108.1.1.
VERIFICATION OF DBE PARTICIPATION
Prior to release of retained percentage, the contractor shall file a list with the
Cornrnission showing the DBE's used and the work performed. The list shall show the
actual dollar arnount paid to each DBE that is applicable to the percentage participation
established in the contract. Failure on the part of the contractor to achieve the DBE
participation specified in the contract may result in sanctions being imposed on the
Department for noncompliance with Section 49 CFR, Par 23, and Section 106 (c) of the
Surface Transportation And Uniform Relocation Assistance Act of 1987. If the total
DBE participation is less than the contract goal stated by the Commission, the
Cornmission may sustain damages, the exact extent of which would be difficult or
irnpossible to ascertain and therefore in order to liquidate such damages, the monetary
difference between the amount of the goal stated by the Commission and the amount
actually paid to the DBE's for performing a commercially useful function will be
deducted from the contractor's payments as liquidated damages. If the contract is
awarded with less than the contract goal stated by the Commission, that amount shall
becorne the cantract goal and shall be used to determine liquidated damages. No such
deduction will be made when, for reasons beyond control of the contractor, the stated
DBE participation is not met.
, . � .
O�tober 1988 Sheet 5 of 5 PART A
, BIDDING PROCEDURE
` The bidder shail complete the information required under Part A and submit with the bid
proposal. Failure to submit the comaleted Part A with the bid proposai may be cause
for rejection of the bid Part 6 shall be completed and submitted with the bid proposal
or delivered by the low and second low bidder within three working days after the letting
date. No extension of time will be allowed for any reason.
Failure to deliver the completed and executed Part 3 showing DBE participation of not
less than that specified by the bidder in Part A by 5:00 p.m. on the third working day
after the letting will be cause for rejection of the low bid and the proposal guaranty will
become the property of the Commission. The proposal guaranty of te second low
bidder will be retained under the same conditions until the Commission has determined
that the award will not be made to the second low bidder.
If Part B is not submitted with the bid, it shall be delivered directly to the Surveys and
Plans Division, Missouri Highway and Transportation Department Headquarters
Buifding, Jefferson City, Missouri.
PARTICIPATION BY DBE'S (MUST COMPLETE AND SUBMIT WITH PROPOSAL
The bidder agrees to utilize DBE's as follows:
DBE PARTICIPATION 4.7 % OF TOTAL CONTRACT
Ni Kell E ui ment Co. , Inc.
(Company}
By
Date: October 17, 2006 president
(Title)
•` � ` ' � Sheet 1 of 1 PART B
• DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS
• PART B
fDENTIFICATION OF PARTICIPATING DBE'S
The undersigned submits the following list of DBE's to be used in accomplishing the
work of this contract. The work, supplies or services, applicable value and percent of
total contract each DBE is to perform or furnish is as follows:
DBE % of
Cont�actor Description $ V�lue of Dollar Value Amount
or Supplier of work Wo�k, Applicable Applicable %of
(Name and Supplies or Supplies or to DBE to DBE Total
Address Services Services Goal Goal Contract
6096
Medlock , Inc. Electrical $33,000.00 $19, 800.00 4.7%
•2422 Palomino Supplies
Cape Girardeau,
MO 63701
. `
TOTAL DBE PARTICIPATION $ 19, 800.00 0�0 4 ��,§f `��f��!���} "°� "�_ _,
�������������1:rtY�� 1'
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r �„S i.`�,���
Nip Kell y Equipment Co. , Inc. ti� ;��1� �� ,� ���.;
h�:�� � ��� �w�
(Company) �=i�I� '� '�r'�', r� �:,
����;��° g �'�' �,�'
€�� < �
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Date: October 17, 2006 By Presic�° `� ' �a� � :
J�4
$�� �4� , ��� i
(Signature) � � �,� ��:�
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�.
.
DLIJ ���
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Ni He]. znc. �
41 North ri Street ' � .
Cape Girardeau, MO 63709 ' .
��'°°d Addness ot'�Plmoe a��
M� � - . .
210U Fieur D �e
� i�s IP, 50321 Te].: 515-243-8171 I s ^
�Rf11ta��rtd'Addr+�si1:
Ci.ty of Cat�e Girardean .
�itY Hall 4U1 Ind�r,nr�„� Street
Cape G rardeau. MO 701
� •
�AUE I?ATE:�tobe,r 17, 2006 �
PP,QIIiCt`!�+'+t�d'D�er,.��oR.IAci�;,•a l,orqtio�l:.
����t�,�i.�ne_:G,�rard_.eau Brid,ge Restoration
iNb
____ �
gOIVD Iy1U11dBER: N/A
��CNot�ater e�aa 8r'd Du�p�,�� - 17, �006
'�AI-5'i3iVI: Five Per�nt vf the-Amoturt Bid � .
o . i
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' ��$1 '�uag to bc kgally 6ouad hereby, su6ject tQ the teims
�°��.. :'�ie.hrrcof.da t�cL c�use rhit Bid Bond t�be dt�ly ext,��utad a,its b�e}�alf by its
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delivec v�ritt�a che Nmc caquir�d Dy cbe Bi�diad Docu�,�nts the I 1. The tam"bid"as usc�i heryin inciudes►bid.offar or
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�a ond(�vntr�ct I)ncunronts. ��
l. 17us obtigwion shatl 6�aaH and void'►L �
3.1 C1vm�uctp�aiddei's 6id md BittAcr�clivets wit6i�
t5e pt��quindd bY W e Bidd'mg Dotum�r►q(ot an�r ..
eata�sioo tII�tof�to►n wrivag i�►pv�)�ye
execqpx!A,grs�t�,ti,�}���
doouments mx!�ry P�rnuet�cr and ps,�� '
*�Quirtd by e�e Biddiag Liqcumtqtt ind Coauaet
�►+�a.or
3�� Aq bids are rcje�ted by QWm�;or
3.3 OwRer faits ta is:ue a notiae of aw�d to Bidder wirLia
tGc tia�sOttiQcd in�Biadin8 Ducu�i�is(ormp � .
��Oa'�t�retd to ia w�bY g�dd�t a�d.it
�AP�'�bIC.CWlaeahdd W by Surety Rth�n rtq�d by
p�r�reeph S haco�
d. Pay���d�r Ueis Bon�!wflt be due and p�,yabic upon dzfAut!
oFAidder md within 70 c�dar dnys altcr cecGpt 6y pidd�r en�
S�ty of wrinen naticc ardGf'autt rrom�wnor,wh�ch notice wil►
be gjYtA witb nesouahk pra�p�a,i�8�%Bond sfid
�Prajcct and iocludieg a atace�nenc at�he,ma,ac due.
5. Surery w;+jv�ca notice of and nny snd sft��sod en or
ansiag a.rc ol�y umc extei►siou to issua poAce ofawae�d a�recd pP
iawtitia�by Oamer nnd Biddrt.pr�vidad rhne4c titrro fmr iaeuing
nnEc�4f awerd i�luciir�g excensionc s1u1!no[ixi ttte agg��eK
exce�d tZ0 days frdm�y��p�G��urSur�ry��;q�„
CpR$OpL
6- Ne suit or aceiaa sTW11 bt tomnt�Ated eldde�thts Bomd pripT t0 - .
30 calendar e�,ys a4ttr thc notice af dcfauh reqnired fn p��aph 4
otwva is rcceivtd by IIid�and Surrry,stld in ao casr ta�r than
onc Y��tter 9id Due Dare.
7. Anysuit or.aca�w+der:his Bwid slull ho co�e��v�iy in
�cnu�c a��o��lurisdictinn Iocated in tha sturu in a,�ch tho
P�n3��bcaled,
6. Nvticc rcq�;ruJ hzreu�dtrsitati 6e in wridn�smi s�t ro Bidder
arxi Surrty n�ehcir t�espec�ive�ddresses ahown on�he[ace otthis
8oad.Sucb padees TI18y he soNt bY�+�s1 dclivtry.cnmcaenci�l
cowier or by Unikc!Saues Rr,g;e��d ar C�rdfied Msil.�re-
ccipt�eqc�,st�.lwstage�,.Aaid.and sfislt br dtern�d w 6c
�m`0�►�Cipt by t6c p'p�Ky��xmcd.
S�. Surety'eth�li sauae ta ba sttachca iv this Hond��uKeq[am1
��1FCctivt Aov+cT af Attorney evideac4�g Uu wtbori�y of tls�n(i;ccr,
agcnt orropresonaGvew�o 4xecuud tfia 8ond�beixitfofS„�ty
W skCCut�,scal and dtlivvr st►ch Bond uld bind thc Stlrsry chqCby.
!D. 'i3��s�and ia ir�r►dcd t�ca�form m�t1 appla;abk ammp�y
°quir'a`x`��s' Am�'AAPlicrhie�tof'°Y aAF�a
�tsWte that Fe■�b�Qndtte��+pAt dlis�p����cietl W bc
ncludcd horten ne ifsCt fnrth at lcngth. 1F►nY P�'o�isio+t aftlu
�crro te,c�ecrissnr��,�
Bl�-2
� _ �••' � Merchant� gonding Company
(Mutual)
.
� POWER OF ATTQRNEY
Know All Persons By These Preserrts,that the MERCHANTS BONDING COMPANY(MUTUqI,),a corporadon duy organized under
the laws of the State of lowa,and having its prindpal o�ice in the City of Des Moines,County of Polk,State of lowa,hath made,
ConsUtuted and appointed,and does by these pr�sents make,consMute and appoint
Donald L.w�oba
of S�Peters and Shdte of Missouri its tr�and lawful Attomey-in-Fact,with fulF power
and authority hereby coMerred in its name,plaoe and stead,�sign exe�te,admowledge and deliver in ib behalF as surey.arry
and all bonds,undertak(ngs,recognizanoes or other wriUen obfigallons in the nafure thereof,subject to the limita�on fhat any such
lnsUumertt shall not exc�eed the amount of:
ONE MII�LION(51,000,000.00)DULLARS
anil to bind the MERCHANTS B0IVQING COMPANY(MU71JALj thereby as fully and to the same extent as if such bond or
undertaking was s(gned by the duy authorized officers of the MERCHANTS BONpING COMPANY(MUTUAL),and all the acts of
said Attomey-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by aulhoriiy of the foilowing Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING GOMPANY(MUTUAL)on November 16,2002.
ARTICLE II,SECTION 8-The Chatrman of the Board or pr�esideM or arry Yice Preside►rt or Secretary shall have power and
authoriry to appoint Attomeys-in..Fact,and to authorize them to e�xite on beRalf of ihe Compariy,and attach ttie Seaf of the
Company thereto,bonds and undertaldrgs,recognizances,c�a�Uac�s of indemn�y and other writings obligatory in the nature
thereof.
ARTICLE II,SECTION 9-The signature of arry authorized of�iCer and the Seal of the Comparry may be affixed by facsimile
to any Power of Attomey or CertifiCatlon thereof authorizing the exec�tion and deGvery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same i�rcx and effect as though manually fuced.
In Witriess VVhereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these pnesents to be signed by its P�sident and
its corporate seal to be hereto affixed,this i 61h day of January,2006.
.•--••.
�����1G.CQ�A: MERCHANTS BONDING COMPANY(MUTUAL)
��O;ORPOq y �
c> '��:s<.
'y •
•F-:'��'` -p_ �:
Z: —••
:�i• �
•
y 1933 •�• By �
.vd. ,��y:
•����......••�1 .
STATE OF IOWA • � •'
COUNTY OF POLK ss. ���"'�� Prosident
On this 16th day of January,2006,before me appeared Larry Taylor,to me personally known,who being by me duly swom did say that
he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corpwation desaibed in the foregang instrument,and that the
Seai affixed to the said instrument is the Corporate Seal of The said Corporation and that the said instrument was signed and sealed in behaH
of said Corporation by authority of Its Soarci of Directors.
In Testimony Whereof,I have hereunto set my hand and affixed my Offiaal Seal at the City of Des Moines,lowa,the day and year first
above written.
�������
„ � Commission Number 173504 ��''v
" My Commisslon Exp ires �
March 16,2005 NotaryPub/iF PolkCounly;lowa � � ,:;
STATE OF IOWA '�,� Y,3P h
COUNTY OF POLK ss.
� ''��� � 5�.:'� �
. +4 �� �� /j '3�Y�H4 � Ss�� '
���11� I�l.r(�{�+� .,q y.+..
I, William Wamer;Jr„Secretary of the MERCHAN7S BONpiNG COMPANY(MUTUAL),do hereby certify that the above a QI�b o ,t' � '��;;, ,:,
Is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY UT ich�g u � 1 �
still in lull force and effect and has not been amended or revoked. � � '� ��'��'' �,�;s��4'� '
.P.{� 4,..'�f ��j'a� .
}: �'' � � xrF e,� , I �.
1n Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this l�t�ay of � ' � , , '
..... ,.. r(������`) � `'°,
�••�� •. �#��;, ���; c� ¢ .��� ,: :.+
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' ;c� ',�, : �/ � , `,,J, a'
.«y :.c. �/,i�,./a�� 7�� � � �� �``� .; �
; �a -o- �;.� _ a.. �� ^'�n r�, � . �'
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�y 1933 ,:c; secrehary t'' , � �tl�i r � ',k,,�,�,�, �v-{�`,
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POA 0001 (1/06) ••.�k,••�••'`�"�.• .
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�
THE AMERICAN lNSTITUTE OF ARCHITECTS
` Bond �To. MOC 47806
AlADoc�entA3i2 �
Performance Bond �
,Arry si�gular reierence�o Contractor.Surery,Ow�er or od�er PartY shall be co�sidered plurat whcre applicabie. .
CONTRhCTOR(Name a�Address): SURETY iName and Principai Place of Bi�siness):
Nip Relley Equip�ent C�npany, Inc• Merchants Bonding Company (Mutual)
41 N. S�rigg Street 2100 Fleur Drive
Cape Girardeau, MO 63701 Des Moines, IA 50321
Tel: (515) 243-8171
OWNER(Name and Address):
. City of Cape Girardeau .
City Hall
. 401 Independence
Cape �irarde�u, MO 63701
CONTSTRUCTION CONTRACT
Date: �ur�1a y �, oZOD� .
Amount: $419,4g1.72
pescription(Name and Location): Hist,oric Cape Girardeau Eridge Restoration
BOND ,/
Date tNot earlier than Construcbon Contract Dabe): �'14AlU�RY S�d/
M�ount: $419.481.72
Modifitatiais to this Bond: �None p fSee Page 3
SURETY 'eja,�� I
a.�y<+�����, } �fORAS P CIPAL �y�aV � ol,s��,
,Y ��0°y +''l3 1 E,I��I��(�,
o��� c �j+�;'`� (Corporate Seap CompanY: �' '�",
,�° .�s,e°�IJIP CdMPANY, INC. MERCfIl�NTS ING COMI''ANY r t�� , ���,
� Y � .�
�� t� +/�r�� ��
. �(Y � � �I '�
,w� 5i�[u�: � Signature: c�n-r'�C`� ^s-�-•�-�' '� r� ,yF:
�: .� N me ar,�fd` � �n lley, President Name arxl Title: Donald L. ._ � a �`�o ;f ,�`� ct
t'�y ' � '`� Hond si�ned and sealed ;;t���9��y�.��,,��
R!� f y y
' f I .�.,..� .
° � " (��addi�5riat signatures appear on page 3) �r. but left undated a�:• �Ft`'����f
'�/li;�. k� i �th
, I „ ':. � . - , . ,� � N
. i�'OR INFORMATION ONLY—Name,Address and Telephone) !-
AGEfVT or BROKER: OWNER'S REPRESENTATIVE(Architect,EnBi,nee�c�'other
Gateway Sure�y Parly)' - _
22 Avocado Tree Circle �
St. Pete�s, I�0 63376 � j ,
Tel: 314-374-0589 i
�W►�pCUM�ITI A312•PERFORMANCE BOND AND PAYMENT BONO•DECEMBER 1984 E0.•/W A ' i
THENNERICAN INSTffUTE Of ARCFIITECTS. 1735 NEW YORK AVE.. N.W.-, WASHINGTON. D.C. 20006 4 �12��� �
1 The Contcactor and the Surety,joindy and severally,bind .1 After irnestigation, determi�e the amount for
` themselves, their heirs, executors, administrators, su�ces- which it may be liable to the Owner and;as soon as
r sors and assigns to the Owner for the performance of the . practibie after the amount is determined,te�der
Cotistruction Cantrad, which is i�corporated herein by payment therefor to the Owner;or
reference. ,2 pe�y�iaei�ity in whole or in part and notify the
2 tf the Contrattor perfomu the ConStruttion Contract,the �er citing reasons therefor.
Surety and the Contractorshali h�vve no obligation under this 5 If the Surety does not proceed as provided in Paragraph 4
Bond, except to partidpate in conferences as provided in with reasonable prompMess,the Surety shail be deemed to
Subparagraph 3.1. be in default on this Bond fiReen days after receipt of an
additional writte� notice from the Owner to the Surety
3 If the►e is no Qvmer Defauk,the Surety's obligation�nder demand�ng that the Surety perform its obtigations under this
this Bond shall arise after Bond,and the Owner shail be entitled to enforce arry remedy
� available to the Owner.If the Surety proceeds as provided in
3.1 The Owner has notified the Contrador and the Sub raph 4.4, and the Owner refuses the payment
Surety at its address destribed in Paragraph 10 bel�nr that ' ����orthe Surety has denied liability,in whole or in pact,
the Owner is eonsidering dedaring a Contractor Defauh without further notice the Owner shall be entitled to enforce
and has requested and a�ttempted to arrange a oonfere�ce ar�y remedy available to the Owner.
with the Contractor and the Surety to be held�ot later
than �ifteen days aher recelpt of such notice to discuss 6 After the Owner has terminated the Contractor's right to
methods of perfortning the Construetion CoMract.lf the �mplete the Construction Contract,and if the Sure1y elects
Owner,the Contrador and the Surety agree,the Cont►ac ro ad under Subparagraph 4.1,42, or 43 above, then the �
tor shall be allowed a reasonable time to perform the responsibilities.of the Surety to the Owner shall not be
Construction Contract,but such an agreemc nt shall noi g�ter than ihose of the Contractor under the Construdion
waive the Owner's right,if any,subsequenUy to dedare a �tr�t,and the responsibilities of the Owner to the Surety
Contrador Default;and shall not be greater than those of the Owner under the
3.2 The Owner has declared a Contrador Defauh and Construction Contrad. To the limit of the amount of this
formally terminated the Contractor`s right to complete the �d, but subject to commitment by the Owner of the
contrad. Such Co�tractor Default shall not be declared Balance of the Contrad Price to mitigation of costs and
earlier than twenty days after the Contracto� and the damages on the Construction Contract, the Surety is ob-
Surety have received twtice as provided in Subparagraph �igated without duplication for.
3.1;and 6.1 The responsibilities of the Contractor for correction
33 The Owner has agreed to pay the Balance of the of defedive work and comptetion of the C.onstruction
Contract Price to the Surety i►�accordance with the teRns Contract;
of the.Construc6on Contract or to a contractor seleded to 6,2 qdditionai legal,design professional and delay costs
perform the Construction Contract in accordance with tfie .
terms of the contract with the Owner. cesulting from the Contrador s Default, and resulting
from the adions or failure to ad of the Surery under
4 When the Owner has satisfied the conditions of Para- i'aragraph 4;and
graph 3,the Surety shatl prompNy and at the Suret�s expense 6.3 Liquidated damage5,or if no liquidated damages are
take one of the following actions: Sp���� in the Construction Contract, adual damages
4.1 Arrange for the Contractor, with rnnsent of the . ra�sed by delayed performance or no�-performance of
� Owner,to perform and complete the Construction Con- the Contractor.. -
tract;or 7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the
tion Contract itself, through its agents or through inde- Construction Contract,and the Balance of the Contract Price
peAdent cortractors=or shall not be reduced or set oif o� account of any such
� untelated obligations.No ri�ht of action shall accrue on this
, 4.3 Obtain bids or negotiated proposals from qualified Bond to any person or entity other than the Owner or its
contractors acceptable to the Owner for a contract for heirs,executors,administrators or successors.
performance and completion of the Construction Con-
trad,arrange for a contrad to be prepared for execution g The Surety hereby waives notice of any change,i�cluding
by the Owner and the contractor seleeted with the Own- ���g�of time,to the Construction Contract or to related
�r's rnncurrence, to be secured with performance and subcontracts,purchase orders and other obligations.
payment bo�ds executed by a qualified surety equivalent
to the bo�ds issued on the Construction Contract,and pay g Any proceeding,legal or equitable,under this Bond may
to the Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of the Contraet Price �.�n��tuted in any court of competent jurisdidion in the
incurred by the Owner resulting from the Contractor's ��tion in which the work or part of the work is located and
default;or . shatl be instituted within two years aher Contrador Default or
within two years after the Contractor ceased working or
4.4 Waive its right to perform and complete,arrange for wiEhin iwo years after the Surety refuses or faits totperform tts
completion, or obtain a new contractor and with rea- ob�igations under this Bond, whichever oceurs first. !f the
sonable promptness u�der the circumstances: proyisions of this Paragraph are void or prohibited by law,the
MA.DOCUMENT A312•PERFORMANCE BONO ANO PAYMENT B(MID•DECEMBER 1981 ED. •AIA!�
THE AAAERIGIN INSTITUTE OF I11�HITECTS. 1735 NEW YORK AVE..N.W.WASIi1NGTQN. D.C. 2000b /�1Z'�� 2
. minimum period of limitation available to sure6es as a strudion Contract afte�all proper adjustments have been
defense in the jursidictio�ofths wit shall be applicable. made, induding aitowance to the Contraetor of any
� amounts received or to be reteived by the Owner in
10 Notice to the Surety,the Owner or the Contractor shall sett�ement of insurance or other daims for damages to
be mailed or delivered to the address shown o�the signatu�e ���e�trador is entided,reduced by all valid and
- praper payments masfe M or on behalf of the Contra�tor
pag�' under the�onstruction Contract.
t 1 Whe�this Bond has been fumished W comply with a 12.Z Constn�ction Contract: The agreement between
statutory o�other tegal requirement in the locadon where the �e Owner and the Contractor identified on the signature
construdior�was tobe performed,any provision in this Bond page, induding ail Contract Documents and changes
rnnflicting with said statutory or k�gal requirement shail be thereto,
deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shall be deemed 1Z.3 Contractor Default: Failure of the Contractor,
incorparated herein. The intent is that this Bo�d shall be ��d��neither bee�remedied nor waived,to perform
rnnstrued as a statutory bond and not as a aommon law o������mply with the terms of the ConstrucNon
' bond. . - - Contraet.
12A Owner Defauh: Failure of the Owner,which has
12 DEFINRIONS neither been remedied nor waived,to pay the CoMractor
12.1 Balanoe cSf the Contract Price: The total amount az�quired by the Construdion ConVad or to perfonn
payable by the Owner to the Contractor under the Con- ��"�P�e or comply with the other terms thereof.
MODINCa►�TiONs 7�TMIS BONU�RE AS FOu.oWs: �
(Space is provided below for additional signatures of added parties,other than those appearing on the cuver page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: tCorporaoe Sea11 Company: (Corporate Seab
Signature: N�� Signature: N/A -
Name and Title: Name and Title: ' .
Addressc Address:• :
AIA DOCUINENT A312�PERFORAMNCE BOND ANO PAYMENT BOND•DECEMBER 1984 ED. •AIA�
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.G 20006 A�12-�g�'4 3
' � , THE AMERICAN INSTITUTE OF ARCHITECTS .
r • '
� .
. • Bond No. I�DC 47806
� A/A L�nctur�enCA312 � �
� Paymer�t Bond . �. .
My sir�,tar reference�n Contracba,Suretr,owner or aher party sfiaQ be aor�id�d plural wi�ere applitable.
CONTRAC�OR(Narr�and Address): SURETY(Name and Principal Piace af Business): �
Nip Ke11eY EquiPment Co�panY. Inc.' Merchants �Bonding Co�PanY (M[itual)
41 N. Sprigg Street 2100 Fleur Drive
Cape Girardea�, MO 63701 Des Moines, IA �� 50321
�Z�el: (515) 243-8i71
011VNER(Name and Address): . .
City of Cape Girardeau
City Ha11 ' . �
Cape Girardeau, MO 63701
CONT5TRt1CT1�N CONTRACT
Date: �'RN��.y s, aaa� �
Amount: ��419,481.72
Desaiption(Name and Location): �,storic Cape �Girardeau Bridge Restoration �
BOND �
Daee(Not ea�lier than Constructi�on Contract Date): �A NUs�?�2 �l ��p t� .
Amou�t: �418,481.72 I
Modifications to this Bond: �None . O.5ee�a�e 6
CON.'�" tC�'QR AS PRINCIPAL _ SURETY ; ,,;t.; , jr j �;-„�,.. �., ;
��,,,
� ,; (Corporate Sea!) Co an h" °''� �`',r�[�`
''`, T�, 7�,G m,.,P.7,,.Y���, - ` ��r���}�W ),t
wo�,qti66���.��� ...p t y I 111�.'• raCl�:ll�ilt+�a' nding ComPan�r ���� i * r � .r.i !y 2Mf n.
�°ti,.��7�f•"�`�. � � �� � �'., �,' �" ("�• i�'���9 �""a ez.'�<
�� � '� Si$nature: ��G'�! � �� l f �'
r • ' ' ,�. '
�,�•� , e "� lley, President NameandTitie: Donald L.M �#���;� �� � ;�<��,, �`'
`�� Attorney-in-F�ta�;y `a�, ' '�'� r-r `�'; .
�, s ° � ' , y
�f ���tn��sri��ires�ppear on page 6) Bond signed and sealed this 13th da df,` " `,� ,� `P '
��' - 'je:K{ y�� . Y ,��'.���6
"� �3r ..
(F�►�t: • . ��/ON ONLY—Name,Address and Telephone) �n�� a'' ''
` �� OKER: OWNER'S REPRESENTATtVE(Architeet,F�gi�eer or other
"� `'��� Par'�Y�: ;
��y Surety � ;����.��, .
° ,,�"�. "Av+ocado Ttee Circle
St. P�ters. M4 b3376 � _
Tel: 314=374-0�589 . � � - .
AIA.DOUIMENT 12•PE BOND AND PYIYMENT BOND• DECEMBER 1484 ED. •AU A •
THE Ah{ERICAN IM,STiTUTf ARCHI'TECJS, 1735 NEW YORK AVE., N.W.. WASHINGT+DN, D.C. 20006 . i��2-�gS4 .4
.� � _
, ; �
. 1 The Contraccor and the 5ureiy,jointly and severaliy,bind 6 When the Gaimant has satisfied the conditions of Para-
themselves, their h�irs, executors, admi�istrators, succes- graph 4,the Surety shall prompdy and at the Sur.ety's expense
` sors and assigns to the Ch�mer to pay for Fabor,materiais and take the foilowing actions:
equipment fumished for use in the performance of the 6.� Send an answer to the Claimant,with a copy to the
ConstrucEion Contratt, which is incorporated herein by p`�er,within 45 days afte�receipt of the daim,stating the
reference.
amounts that are undisputed a�d the 6�sis for challenging
2 YVith respect to the Owner,this obligation shall be null any amounts thai ate disputed.
and void if the Contractor: 6.2 Pay or ar�ange for payment of any undisputed
2.1 Promptly makes payment,di�ectiy o�indirectly.for ��n�.
atl sums due Uaimants,and 7 The Surety's total obligation shall not exceed the amount
2.2 Defends,indemnifies and holds harmless the Owner uf this Bond,and the amount of this Bond shall be credited
from all claims,demands,liens or suits by any person o� ior any payments made in good faith by the Surety.
entity who fumished labor,materials or equipment for use . .
in the performance of the�Construction Contrad, pro- g qr»ounis owed by the Owner to the Contractor under the
vided the Ownerhas promptly notified the Contractorand ���n Contract shall be used for the performance of
the Surety(at the address described in Paragraph 12)of the Construction Contract and to satisfy daims,if any,under
arry daims,demands,liens or suits and tendered defense any Construction Performance Bond. By the Contractor
of such daims,demands,liens or suits to the Contractor fumishing and the Owner aocepiing this Bond, they agree
and the Surety,and provided there is no Owner D�faul� that all funds eamed by the Contractor in the performance of �
3 With respect to Ciaimants,this obiigation shalt be null and �e Construction Contract are dedicated to satisfy obligations
�roid if the Contrdetor prompHy makes payment,direcNy or of the Contractor and the Surety under this Bond,subject to
indirectly,for all sums due. the Owner's priority to use the funds for the completion of
the work.
4 The Surety shali have no obligation to Claimants under g rne Surety shall not be liable to the Owner,Claimants or
this Bond until: others for obligations of the Contractor that are unrelated to
4.1 Gaimants who are employed by or have a direct the Construction Contred.The Owner shall not be liable for
contract with the Contractor have given notice to the payment of arry costs or expenses of any Claimant under this
Surety(at the address described in Paragraph 12)and sent Bond,and shall have under this Bond no obiigadons to make
a copy,or nfltice thereof,to the Owner,stating that a claim payme�ts to, give notices on behalf of, or othervvise have
is being made under this Bond and, with substantial obligations to Gaimants under this Bond.
accuracy,the amount of the ciaim. '
4.2 Ciaimants who do not have a direct contract with the �0 The Surety hereby waives notice of any change,iaclud-
Contractor: ing thanges of time, to the Construdion Contract or to
related subcontracts,purchase orders and other obligations.
.1 Have furnished written notice to the Contractor
and sent a mpy,or notice thereof,to the Owner, 11 No suit or action shall be commenced by a Claimant
within 9Q days aft�r having last performed tabor or under thes Bond other than in a court of Competent junsdio-
last furnished materials or equipment included in tion in the location in which the work or part of the work is_
the claim stating, with substantial accuraq, the �oc�Ied or afterthe expiration of one year from the date(1)on
• amount of the claim and the name of the party to vvfiich the Claimant gave the noEice required by-Subpara-
whom the materials were fumished or supplied or gmph 4.1 or Clause 4.2(iii),or(2)on which the last labor or
for whom the labor was done or performed;and ���e was performed by anyone or ihe last materials or
.2 Have either received a rejection in whole or in part equipment were furnished by anyone under the Construc-
from the Co�tractor,or not received within 30 days tion Contract, whichever of (�) or (2) first occurs. If the
of fumishing the above notice any communication provisions of ihis Paragraph ate void or prohibited by law,the
from the Contrador by which the Contractor has mmimum period of limitation available to sureties as a
indicated the claim will be paid directly o�indirect- defense in the jurisdiction of the suit shall be applicable.
ly;and
.3 Not having bsen paid within the above 30 days, 12 Notice to the Surety,the Owner or the Contrador shall
fiave sent a written notice to the Surety (at the �mailed or delivered to the address shown on the signature
address described in Paragraph 12)and sent a rnpy, Page.Actual receipt of notice by Surety, the Owner or the
or notice thereof,to the Owner,statin that a claim Contractor,however accomplished,shall be sufficient com-
g ptiance as of the date received at the address shown on�the
is being made under this Bond and enclosing a signature page.
copy of the previous writter� notice fumished to
the Contractoc t3 When this Bond has been fur�ished to comply with a
5 If a notice required by Paragraph 4 is given by the Owner statutory orother legal requirement in the location where the
to the Contractor or to the Surety,that is sufficient compli- construction was to be performed,any provision irr`this Bond
ance. conflicting with said siatutory or legal requirement shall be
AIN OCICUMENT A312�PERFORMANGE BOND AND PAYMENT BOND•DECEMBER 19&t ED. •AIA S
THE AMERICAN INSTITUTE UF ARCHITECTS, 1135 NEW YORK AVE., N.W.,WASHINGi�ON, D.C. 20006 _ 1��2-'I9� S
� deemed defeted here#rom and provisio�s wnfonning to "labor, materiais or equipment" that part of wateti gas;
` such statutory or other{2�I�Uf[@fllCflt 5F13II b@ dEClil� POVY2f� light, heat, oil, gasoline, telephone service or
incorporatEd herein. The jntent is that this Bond shaH be rental equipment used in the Cor_ntn�dion Contract,
cor�trued as a statutory bor�d and not as a aommon law ardi�tectural and engine�ing serviees tequired for petfor-
bond. mance of the v�rork of the Contrictor and the Contracb�r's
subtiontrac�ra,arK!all othe�items forvrhich a mect�ank'§
14 Upon request by anY person or entity appearing to be a (ien may 6e asserted in d�e ju�ction where tl�e laboy
potentiat benefkiary of this Bond, the Contractor sh�il materials or equipment w�ene fumished. .
P�PtiY fumish a copy of tfiis Bond or shall permit a oopy tio iS.Z C:onst�c�on Co�tt�t• The agreement betnreen
be rtuade. the Owner and the Contractor identified on tE�e sign re
15 DEHNtT10N$ �, induding all Corrtrad Docume� and changes
15.1 Claimant: M individual o�entity having a dired 153 Owner Default: Failure of the Owner,which has
contraztwnh the Contractororwith a suboorrtrador of the neither been remedied nor wahred to
paythe Contractor
ContrdcWr to fumish labor, materials or equipment for as r+equired by the Constructlon�Contract or to periorm
use in theJ��rn�ance of the Contract.The intent of this and aomplete or oomplywith the othertemns thereof.
Bond shall be to indude wittwut limitation in the temrs
AA�ODIRCJ1T10N51�0 THIS BOND ARE AS FOLLONI$: NOIJ�
(Space is provided below for additional signatures of added parties,od�er than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY �
Cornpany: � (Corporate Seap Com
v��r- cc�c�s�n
Signature: N/A Signawre: N�A � t
Name and Title: Name a�d Title:
Address: Address: �
/11A DOCl1MENT/t312•PERFORMAIJCE BOND AND PAY�AEM BOND•DECf�A�ER 1484 ED_•AUl A
nie,v�we�w.iNsmirre oc�Rer+rt�rrs. »ss NEw Yowc�vE.. N.w.w�r+iNcrori. n.c. i000b � A312-1984 6
. �
Merchants Bonding Company
. �
�
F POWER OF ATTORNEY �� �' � 478�
�c�o�r Na r�so�s By mese Preser,�,u,a�me�cwwrs sa�Nc co�wa�nr tMunu�),a corpo�auon d�N o�a��er
the laws of the S'tate of tawa,and having its prinapal ot6ce in the City of Des Moines,County of Po�C,State of lowa,hath made,
constituted and appair�ed�a�d dces by tFiese Preser�make,corr�stidrte and appoirn '
nonata L.wasoba
of St Peters and S�e of Missouri �s true and Iawtul Auomey-in�F�t,wNh tdl pwrer
and autha�y t�y c�or�i�red�its name.Pi�e and�.tu sign.eaaes�te.acknov,rledge and dek�-in�s behalf as sueh�Y
and aN bonds.und�ngs,�eoog�zanaes or otl�wKitben ob6�a6o�s in Ute nat�re t#�eteof,�to the I�rYtatlon that arry stkh
h�sfiurnent sh�not exc�eed U�e arrwunt of �
ONE MII.I.IOl�{51,9�O,Al�-90)DOLI.�IRS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fuNy and to the same ex6ent as if such bond or
undertakinp was sigr�ed by the duly auU�o�ed of6oers of fhe MERCHANTS BONDINC COMPANY(MUTUAL).and aG the ac�a of
said Attomey-in-Fad,pursuarn to the auihorily herein given,are hereby radfied and confim�ed.
ll�is Power-of-�tomay is made and�pustmnt b and by at�thorily cf U�e ioBawing Amendad�ard Restated By-
Laws adop�ed by ihe BoaN of Dk�edas oF 1he 1MIERCHANTS BONDlNG COA�PANY(NIUTUAL)on Nov�ernber 16,2002.
ARTICLE 11.SECTIQN 8-The Ct�men aF tlie Boerd or Preaident or any Vice P�esident or S�y sheM have pa�er arxl
a�ori►�►to appoe�t Auomeys�-Fact.ana b auiho�fxe u�em to�,le on be�af»�e company,�a at�f,e sead of U,e
t�mpa�►Uwat+e���bonds and triddieidnga,recogn�oes,oonUads of indem�y su�d ofher v�oD�gabory in U�e naU,re
tF�eneof.
ARTICX.E 11,SEC110N 9-ThB atg�mAus of any au6�orimed dGoer arM!ltle Seal d ihe Comp��y may be afPooed by fac�irile
to arr�► Power of AttorriBy or C�On tll8teof at�lho�izirg Uie eze�on and dei�e�Y d arN.bond. unde�k�g.
�����of tl�e Comp�►.and sud�signatune aM s�l wNen so used sf�aN Ita�e fhe
In VV�VMteneof.A�U4NTS BOI�DMIG(bAAPANIY(�AIJTl1At�I�s c�sed tltese p�s b be signed by its P�sideM ard
ds capor�e seel b be herelo adfuaed.this 161h day d Jar�y.2006.
.•---•.
•�01N6 CQM•� MERCHANTS BONDfNG COMPANY(MUTUAy
;O�'�IPOq. A':
• �'c�� '�J►:�.
•� .
.�-:_ -o- "`:,.,,,
•Z•' 0.3• �
y'. �� =C� � �
.
��jd •�Y.
•���i�.,�,.`:�1:
STATE OF IOWA •..��,.• �Rt
COUNTY OF POLX ss.
On this 161h day of January,2006,before me appeared LarrY'Taylor,to me Petso�alY Imown,who being by me duly swom did sap lhat
he is Preaident ofi ihe MERCHANTS BONDING COMPANY(MUTUAL),tlie corporaiion desa�ed in the foregoing instrument,and that the
Seal afftloed to tlte said insUvment is tl�Corporate S�I of U�e said Corpota6an and that gte said instrument was signed and sealed in behalf
of said Corporafion by auihority of its Board of Dkedols.
T�VIRre�f,I have haetaKo set my hend arid affiooed my OHicial Seal at tl�e City of Des Mair►es,lowa.the day and year fast
CINDY SMYTH C��-�. {,/
:�� �N�uMer 173iO4 " I/
• llar�ch 16,� ��
Nola►Y Pu6�PioRc Couih;lowe
STATE OF 10'WA
COUIdTY OF POI.K ss.
1, VViNam Y1k�ner.Jr.,Secremiy of tl�e MERCfIAr1TS BONDIN(3 COMPANY(MUTUAL.�doh�by aertify tha�the above and fotego�g
is a Uue and coRed c�p�r of the POVVER-OF-ATTORNEY ezea�ed by said MERCHANTS BONDiNG COMPANY(MUTUAI),which ia
sUp in tuN taroe�d etfad and has not been air�nded or r�uolced: -
U w�ess vU�,�na,ra nere�e�bo sec m�►nana�a af�Ooea u,e seal af the company on u,is.�,u dar�.�"�wz�il� aoQr
Power of A�torney attaehed to .�......�
bond and sealed this 13th day ;'p��,Cp,�••� .
of Decenber, 2006, but left . ;���paP09,�:�'y;
undated at the requst of the;�r:�' -o- r'=`' �w%G�i ����i .
obiigee I •z:— o�' s�ry
• : :� 1933 •
POA 0001 (1/O6) ' y`�b�'1jr. �,�1'��~�
. �r .
•,....••
�4CORD CERTIFICATE OF LIABILITY INSURANCE oiioaizoo
� PRODUCER (573)335-2300 FAX (573)335-0117 THIS CERTIFICATE IS ISSUEDASA MATTEROFINFORMATION
Capi tal Insurance & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
326 South Broadview HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 1779
Cape Gi rardeau, MO 63703 INSURERS AFFORDING COVERAGE NAIC#
�r,suReo Nip Kelley Equipment Co Inc iNsuR�a: Continental Western Group
P.O. Box 33 �r,suR�ae: Columbia lnsurance Group 33364
Cape Girardeau, MO 63702-0033 �NsuR�c: MED JAMES 0025
iNsuR��: MISSOURI EMPLOYERS MUTUAL INS. MEM
INSURER E:
COVERAGE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.N0TIMTHSTANDING
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,EXCIUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' TypE OF INSURANCE POLICY NUMBER POIICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERALLWBILITY CWP253543823 07/23/2006 �7�23�20�� EACHOCCURRENCE S 1�QQQ�QOQ
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ lOO�OO
CLAIMS MADE �OCCUR MED EXP(Any one person) 8 S�OO
A X O C P COVePd J2 PERSONAL&ADV INJURY 3 j��QD�00�
GENERAL AGGREGATE 3 Z�OOO�OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2�OOO�OOO
X POLICY PRO- L�
JECT
AUTOMOBILE LIABILITY CAPM011107 03/29/2006 03/29/2007 COMBINED SINGLE LIMIT
ANY AUTO (Ea accidenp a
1��00���0
ALL ONMED AUTOS
BODILY INJURY a
B X SCHEDULED AIJTOS (Per person)
HIRED AUTOS BODILY INJURY
NON�WNEDAUTOS (Peractident) $
PROPERTY DAMAGE $
(PeracddenQ
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 3
ANY AUTO OTHER THAN �+ACC $
AUTOONLY: AGG 5
EXCESS/UMBRELLA LIABILITY 256801121 07/23/2006 07�23�2��7 EACH OCCURRE?JCE S 1�QQ��Q00
X OCCUR �CIAIMS MADE AGGREGATE y
� $
DEDUCTIBLE $
RETEMION 5 $
WORKERSCOMPENSATIONAND MEM 0509977-02 06/06/2006 06/06/2007 �SLAMU- OTH-
EMPLOYERS'LIABIUTY E.L.EACH ACC�ENT $ 1 OOO
p ANY PROPRIETOR/PARTNER/EXECUTIVE > >OOO
OFFICER/MEMBER EXCLUDED'? E.L.DISEASE-EA EMPLOYE E 1�OOO OOO
If yes,describe under
SPECIAL PROVISIONS bebw E.L.DISEASE-POLICY LIMIT $ 1�OOO OOO
ontractors Equipment 84UUMRZ1272 07/23/2006 07/23/2007 Leased/Rented Equipment:
E (All Risk) $100,000 per item & Aggreg
ar o $200,000 Aggregate
DESCRIP710N OF OPFjtAT10NS/LOCATIONS/VEHICLES/F�E LUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISpNS
OB: Historic Cape Girardeau Bric�ge Restoration
ity of Cape Girardeau and Smith and Company is shown as Additional Insured
REVISED
EVISED O1/04/2007 trf
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF iHE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE 1HE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
3O DAYS WRITTEN NOTICE TO 7HE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Cape Girardeau
ATTN• Ma ry Boos BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
401 Independence St reet OF ANY KIND UPON THE INSURER,Ii5 AGENTS OR REPRESENTATIVES.
Cape Girardeau, MO 63701 AUTHORIZEDREPRESENTATNE
Timoth Kelle
ACORD 25(2001/08) FAX: (573)651-0860 OOACORD CORPORATION 1988
.
i
IMPORTANT
If the ceRificate 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 ofthe policy, certain pdicies 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 Certiflcate 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 aiter the coverage afforded by the pdicies listed thereon.
ACORD 25(2001/08)