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HomeMy WebLinkAboutRES.2244.02-20-2007 CITY OF CAPE GIRARDEAU WHITE OAKS ANNEX 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 ��brt�c��,j in the year 2007 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Jokerst, 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 improvement consists of extension of sanitary sewers, repairs to existing sanitary sewerfacilities,water main extension, street repair, storm drain replacement, and all other things necessary to complete the project. 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 ninet 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 one hundred twenty(120)days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if A-1 . � 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 five hundred dollars $500.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars 500.00 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 PRICES: One hundred thirtv-five thousand four hundred twenty-three and 00/100 ($135,432.00/100) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments;Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments A-2 previously made and less such amounts as ENGINEER shall determine, or OWNER may withhotd, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50%completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER,on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work(but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95%of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, perFormance and furnishing of the Work. A-3 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the"technical data"contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions(surface, subsurFace and Underground Facilities)at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-7 inclusive). A-4 8.2 Exhibits to this Agreement (pages BF-1 to BF-7 , 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 GC-1 to GC-55, inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive). 8.7 Specifications bearing the title IMPROVEMENT PLANS FOR WHITE OAKS ANNEX. 8.8 Drawings. 8.9 Addenda numbers 1 to 1 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF-1 to BF-7, 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 A-5 contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These may be provided on a weekly basis or submitted monthly with each pay request. A-6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on ���0���c���� 5��� , 2007 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau CONTRACTOR Jokerst, Inc. ,,,,s��� i,��,,,;;, Douqlas K. Leslie, Citv Manaqer JULIANN M. JOKERST/PRESIDEN'� '� ' .;�� '���"�%,, �•Y/� �{ rP. �d ��i�• ,•�� a ,`� f 0 By: � By: . :� [CORP RA SEAL] [CORPORAT SE�L] �;g,� �.� �:` _ �;� ��� Attest Attest �`�'Y� �� �^��';" . ,`"'� � J. �~ . •� ��. . 'F ,, ,. . �, �',�:4'`' Address for g ng notices Address for giving notices . 401 Independence Street 16444 Hiqhway 32 Cape Girardeau, MO 63703 Ste. Genevieve, MO 63670 (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. ,�-�-��-�.,� t$ �`��"�`_ ,��� (If CONTRACTOR is corporation, O�` ���; 0, attach evidence of authority to sign.) O ��. � ��� .�.,: �+ � . � ��� � ,.�.�:� ,���� � ,% , , � . . :,. � ./ _��;�_ - A-7 ' ' EXHIBIT A CITY OF CAPE GIRARDEAU WHI TE OAKS ANNEX L BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: Theworkto be performed underthese Contract Documents consists of the construction of the following: Furnish and installation of all requirements according to the improvement plans entitled "Improvement Plans for White Oaks Annex." The scope consists of extension of sanitary sewers, repairs to existing sanitary sewer facilities,water main extension,street repair, storm drain replacement, and all other things necessary to complete the project. THIS BID IS SUBMITfED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARD�AU, 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 o#her terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Biddin� 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: �ListAddenda byAddendum Number and Date) ADDENDUM #1 - JANUARY 25, 2007 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that irmay affect cpst, progress, performance and furnishing of the Work. B F-1 - E (d) BIDDER has carefuliy 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�aragraph 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 ir� paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions(surface,subsurface and Underground Facilities)at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and fumishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware af the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations,tests,studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions fo� performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agre,ement 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. B F-2 R � 1; ' 4. BIDDER will complete #he Work in accordance with the Contract Documents for the following price(s) UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL � Q1-y, PRICE EST. PRICE 1�. Remove Exis6ng Improvements LS 1 $ 11,000.00 $ 11,000.00 2. 6"P,C,C.Pavement SY 557 $ 29.00 $ 16,153.00 3. 4"Aggregate Base SY 557 $ 7.00 � 3,899.00 4. Silt Fence LF 387 $ 3.00 $ 1,161.00 5. Seed&Straw LS 1 $ 3,000.00 $ 3,000.00 6. Traffic ConUol LS 1 $ 1,000.00 $ 1,000.00 7. Area Inlet(3'x 3') EA 1 � 1,700.00 $ 1,700.00 e. Junc6on Box(4'x 4') EA 1 $ 2,000.00 $ 2,000.00 9. 24'RC Flared End Section EA 3 � 800.00 $ 2,400.00 10. 18°RCP Class III LF 52 $ 35.00 $ 1,820.00 11. 24"RCP Class III LF 56 $ 45.00 $ 2,520.00 12. Standard Sanitary Manholes(D=4') EA 6 � 1,600.00 � 9,600.00 13. 8"Duc61e Iron Sanitary Sewer Pipe LF . 460 � 64.00 $ 29,440.00 (Pressure Class 50) 14. Jack&Bore: 16"Casing Pipe wl LF 40 $ 300.00 $ 12,000.00 8"Ductile Iron(Class 50)Sanitary 15. 6"PVC Service Pipe(SDR 35) LF 20 $ 40.00 $ 800.00 16. 8"z 6"Wye(Ductile Iron) EA 2 $ 250.00 $ 500.00 17. 8"x 6"Wye(PVC) EA 1 $ 250.00 $ 250.00 18, ExistMH(#1)Rehab LS 1 $ 200.00 $ 200.00 19. Lift Station&Valve Vault Demolition LS 1 $ 2,200.00 $ 2,200.00 SUBTOTAL BID FOR SEWER, STORM & PAVEMENT IMPROVEMENTS (ITEMS #1 - 19) ONE HUNDRED ONE THOUSAND SIX HUNDRID FORTY THREE AND NO/100 ($ 101,643.00 . ) (Writtet� Figure) (Numerical) B F-3 . � UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL t Q�-y, PRICE EST. PRIGE 50. 8"HDPE Water Main LF 225 $ : 20.00 � 4,500.00 51. Direc6onal Bore 8"HDPE Water L.F 40 $ 275.00. � 11,000.00 (under Bloomfield) 52. 8"Gate Valve . EA 2 $ 1,200.00 � 2,400.00 53. 6"Gate Vaive EA 1 � 1,000.00 � 1,000.00 54. Hydrant Assembly&Valve EA 3 � 3,500.00 � 10,500.00 55. 1"PVC Water Line LF 580 $ 6.00 � 3,480.00 (indudes 2 service connec�ons) 56. 8"to 6"Reducer wl MJ Adaptor EA 1 $ 200.00 $ . 200.00 57. Existing Water Well Disconnec6on LS 1 $ 700.00 $ 700.00 SUBTOTAL BID FOR WATER IMPROVEMENTS (ITEMS #50 — 57) THIRTY THREE THOUSAND SEVEN HUNDRED EIGHTY AND NO/100 �� 33,780.00 � (Written Figure) (Numerical) TOTAL BID FOR ALL IMPROVEMENTS ONE HUNDRED THIRTY FIVE THOUSAND FOUR HUNDRED TWENTY THREE ($ 135,423.00� (Written Figure) � NO/100 (Numerical) (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final paymentwill be based on actual quantities determined as provided in the Contract Documents. 5. BI DDER agrees that the Work will be substantially complete.within ninet 90 calendar days afterthe 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 .�r BF-4 Y . + . . w'ith paragraph 14.13 of the General Conditions within one hundred twenty�120)calendar days after the tlate when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of t failure to complete the Work within the times specified in the Agreement. 6. The#ollowing documents are attached to and made a condition of tfiis 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 JOKERST, INC. Address 16444 HIGHWAY 32, STE. GENEVIEVE, MO 63670 (a) Performance and Payment Bonding Company Name Address Agent\Power of Attorney Name (if ased) Address 8. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on FEBRUARY 6, , 20 07. - State Contractor License No. IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: ` , � g F_5 i A . A Partnership By (SEAL) (Firm Name) � (General Partner) Business address: .���a ;_�' :���.�' ���` "� �iyti rrt ,, � � : P �1 �� .��T�'r� ��k�''fi°�'/i�d-� .. Phone No.: -��,����'�; ...�,,��� ,�. ,� , Jl,� , �°. ,� � , �a` x:�y�' , ��' � 3 r � ` 3'. . �'�r:.^w} � -y''". � � � �.r .'p� �� ",f..;�.t)�'.� I+` ��;;; : .!t r ;.� A Corporation �,�. , :�- ; k � , ;� r• : f.:.- �,�. � . ��} �,�.� By JOKERST, INC. - ���t�,�''���'i(���L)• �� •� (Corporation Name) �Y,�'��',�'ffr.,,�a�J ����c' ��r'�� �,,t MISSOURI x ��,g� ;,.; , �itE� ;� �� �' ,''.s � (S� e of n rporation) r� �� ,, � �,'�'�`�,��F J; .�£' � ��� fv�� M• WI�l�.r�.n � f�.' \�C�i7�/�..1�� d�h,����_, � E F,::�{� � f / r3i S � :,� �,��� , , r�,�{� (Name of Person Authorized to Sign) � << � �;� � :;�'�'� ;�,`�� �:�3'/ , '��,Y: �� PORA SECRETARY � . �:4 ' 1� i��. _r. , . � COR TE � •t . � .�`•, ,01'�, � '',, � ;�:� (Title) , ., ,^ 3g r ; :�`'> . �`CorpZar�t�;�e�l) ;�� �t �k,, a ,� , , �r , • � ' ; �;'.�`� •� �`" 1 � ''� �� �, ; ; � a '���A,t�e,� ' ��RIE VOGT ,� , . , , •�� � (Secretary) ,i�% k '+,� ��, •.����- � ��� �.i�l�, .��" ,� �Busii�ess address: 16444 HIGHWAY 32 STE. GENEVIEVE, MO 63670 Phone No.: (573) 883-7401 Date of Qualification to do business is 36 YEARS A Joint Venture gy (SEAL) (Name) (Address) gy (SEAL) (Name) (Address) B F-6 . e:. � 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.) BREAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: SANITARY SEWER - WATER F�CAVATION OF CONCRETE SLAB STORM WATER It is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Name) (Type of Work) DECOCRETE CONCRETE PAVEMENT MICKAN CONSTRUCTION BORTNGS MARZUCO ELECTRIC Fi.EGTRT('AT FUSSION SUPPOR HL1P� MIDWEST METER WATER TAP B F-7 �. . � _ ti,-�: "��:_ „�.., � � � .� 5 -�„„�`^�--� ,._, , a, r';=�'9�1. � .: � �� ,�y a� ��.` � ut . r �i j,�:�`�, ....j ` ' �' 4 .x..,�+v��, . .. � '`I 1�!� ����: _ m -: � � <�,�.;.�.,�-�Y. �����i _ ���rt�� OFFICE OF THE CITY HALL CIN ENGINEER 401 INDEPENDENCE (573)334-9020 P.O.BOX 617 FAX(573)651-0860 CAPE GIRARDEAU,MO 63702-0617 25 January, 2007 [CERTIFIED MAIL] Dear Planholder: Subject: Addendum#1 White Oaks Annex Cape Girardeau,Missouri Enclosed please find Addendum #1 for the White Oaks Annex contract documents. Contained in this addendum are changes to the plan sheets (Sketch Ol), clarifications of bid items and a postponement of the bid date to February 6`h, 200� at 2:OOP.M. This addendum acknowledgement sheet must be included with your bid submittal. Aclrnowledgement of the Addendum is also required on Page BF-1 of the Bid Form. Any bid received that does not acknowledge this addendum will be considered non-responsive and will not be a valid bid. If you have any questions,please do not hesitate to contact this office. Sincerely, David M. Goldak Proj ect Manager 4188/kj Enclosure-1 ' �' l/3�/� � D Name, Title Date CITY OF CAPE GIRARbEAU WHITE OAKS ANNEX ADDENDUM#1 January 25,2007 The following revisions have been made to the above named Contract Documents: Revision to Drawings: • Sketch-Ol Other Revisions: • Bid Date has been revised to 06 February,2007 at 2:00 P.M. • Bids shall remain valid and subject to acceptance for sixty days after bid opening. See revised page IB-6 (enclosed). Clarifications • The gravel to be used backfilling sewer or water trenches under paved surfaces shall be 1 inch minus, graded and compacted. The same type and gradation of stone may be used under the pavement. This addendum must be signed and attached to your Bid Documents. , � Date v O 4 . • BID BOND Conforms with The American Institute of Architects, A,I.A. Dacument No.A-310 KNOW ALL BY THESE PRESENTS,That we, ,)okerst Inc. 16444 Highway 32,Ste.Genevieve,MO 63670 as Principal,hereinafter called the Principal, and the United Fire&Casualty Company � of PO Box 73909,Cedar Rapids,IA 52407 ,a corporation duly organized under the laws of the State of lowa ,as Surety, heteinafter called the Surety, are held and firmly bound unto �ity of Cape Girardeau,401 Independence St.,Cape Girardeau,Mp 63701 as 0 bligee,hereinafter called the Obligee, in the sum of Five Percent of Amount of Bid Dollars($5%of Bid ),for the paym ent of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and sererally, firmly by these presents. WHEREAS, the Principal has submitted a bid for White OaksAnnex SewerExtension,WaterExtension& Associated Pavement Repairs NOW, THEREFORE, if the Obligee shall accepl the bid of the Principal and the Principal shall entet into a Contract with the Obligee in accordance �vith the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or �n the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the pG,��lt r hereof between the amount specified in said bid and such larger amount for which the Obligee may in good�fa�,th�op�ract�.F � `'�,,,- with another party to perform the W ork covered by said bid, Ihen this obligation shall be null and void,oth��t�rse�tb�,�e,mialnr� rk��;�Q>� t in full force and effect. � �'f•,;.e ��z�'� � � '� ,�.'.•' � •, � -�� , . ,r fi�,;. S iened and sealed this 30th da y of January , � � °;4 � �l`Op� ' '°,, R' ``Yy;�` : ' " �,x �f i •i" = ,, �` � S f !/'��n .. . : ;,,. �y ,� Jokerst Inc. ,;:{� x ; ' s.� �s�;�tl) ; � ; � . ��� �/ �'� � �' rtnc�a , � . '�t � �^ f � �,�' �•� Witness � '�.;�/ R' ,�� ci ,�'�; r :,Rf l�� � �+ .� d���. � � fi 11�, , J, ; �t e�� �,ti�' � United Fire&Casuaity Company , Tracy L.Z W itness By Barbara Flieg + A,ttorhey:=in-Fa`c't l F' 111 )� ��`,, y }� i S/ ��+� �'�A ��r. ' C }',.h , <�' � .4;, �: Lakenan Insurance of Ste.Genevieve MO ' `' �}� � '` z � �,�°� �'��. � ; iPRI�,'�ED�IN 1!�.1� 1. G-541EP 3193 _ � } ,� ,l � �,_,� ��` u� -` � �' c � ` f ;";�, � '. , �I . �r r • � 0�t.,: i- . . , � . �f� `�i ����.� •. � � � tl � ;'Ak�� `� 's , _ ., . . ��i". . . � . , _ _ ,.: ,.... , , < .� ' '; UNITED�IRE�CA�IJRLTY GUMPA�IY ' ' ' '; HC�ME 4FFt�E���A�t L�F�dS,IGMWA : ;, GE�T1���COPII O�P4�IlER.O�A'i'�4t�NE� ` � ; ,. ; , . ;. ;:: ;: - <.: , ;,;: > ,. ; . (Qrigi�al on Rle`at Home 0'�iCe'of Company-S�e Csrtification) ;NaW,ALL MEN BY T�#�S� PR�ENTS, T�tat..the�#tVI�ED FIRE &CASUAk.TY COMP�IY, a �ar`Poratior� duly organ�z�d:,and , . xishng;wnder�he t�ws c�t�ie State.af#�a,:aind`�i�vit�g rtS:.pr�ncipal p#�ce ii�Cedav Ra�1�s;;,State of�owa�, does malca,,constt'Wte�nd pPc�itlt ': , ;; ;. , , , <:; ; , : > LE� T+Cb'PTES� OF2t $�ARA $"LIEQt �12 �lI�..'KIL�: Y1�xNKT+ER� OR K1�L'EY S�"h" `C�43r Ul� MARK P1;GfJJI�E?I4Al�► ALL N�'S�y�AUALLY of $AT�1TE GEMEVI�V�'M.0 s t�ue and::tawf�� P��orn,���:s) r� �aict witfi:pawer �nd au��t�ty hereby Co�f,er�ed'�ts sign, seal and exe��te ir� its beha.t.f all I.awFul ond�tundert'aktngs a�d n�her oD{ig�tory inshumenC5 0#siri^iilsr natctce as.follows �3� d�tid:All Bands < ; >: . ; nd fo bi�td, UNIT�D"FIR�ffi �ASUALTY COMPkiJ�thereby as fuliy.and ta the s2tt�e e�nt as if sueh�nstruments w��'e signed by _ : ,. .; ie diily sutFtonzed>t3fficet� af.iJI�ITEp FIRE �CR�SUALTY �QIL(PANY:a;I�d all the acts'of said Attpr��y;:pursuant to:th8 authSatt�y >: ereby given are hereby ratified and confirmed. .. The Au#ha[ity h�re.h.y gra�iti�d�hall e�ire;:6th �aX::Rf Apri�� 2007 un:less .3ooaer cevG.k,ed This power::of Att�rney is mada��#d execut�d ptNsuarit;to and by authtzrit�r;of�e follovu�ng�� Law:;tfulx adopted by Board'of ' �irectors of the Gor��a�y an Aprrt 18, 197'�. : ' > ��/Xrticfe v.-Surety Bonds and t�nderEakfngs"•- ` ' Section 2,�.pd�ntment�f Attomey-in-Fact. 'The President or any Vice President, or a�y otEt�r officer at ths Company ma�r, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insuranee, bonds, undertakings ahd other obligatory instruments of like nature. The si�nature of any ofFicer authorized hereby�nd �he Gorporate seal, may be af8xed by facsimile to any power of attorney 4t specia{ pQwer �f'.attor�tey or , . cet�ificatton,;of eittie�` at�thorized hereby; such signature and seal, when so used, being adoptesl by th.� Cornpany as the ` origtn�l s�griatute of such officer and the original seal of the Company, to be valid and bi�d�ng �por� the�omp�ny w�tf1 ttie ° s�me foree:�nd`e�ect as.;'though manually affixed. Such attorneys-in fact, subject ta the limr#atians Set fotth m'therr respectiv�certi�cat2s of'authority shall have full power to bind the Company by their signature>and execut��n:of ar�y su�fi instruments'and to attach the seai of the Company thereto. The President or any Vice Presitfenf, the Board of Director�or any other officer of the Com,pany may at any time revoke ail power and authority previously given to any attorney-in fact. rtd Wl'�NESS WH�REOF, the UNITED FIRE& CASUALTY COMPANY has caused these presents to be sic�ned by • ��,t� its vic�pt�sident'and its corporate seal to be hereto a�xed this 6th day of Ap�il; 2;Q05 �.: � �1t01AtE�� UNITED FIRE&CASUAL'XY COMPANY ` ..,.�— � : ���L � �M��N,�� .: gy � (� �, Vice President tat�of kowa; Cou.nty of l.inn,ss: n 6th day af Ap1�11�,. �005. before me personally came Randy A. Ramlo ' � tne knoy�n, who t�emg by;me duly sworn, did depose and say; thaf he resides in Cedar Rapid�, �tate. at lo�nia �hat�e ts �:�ce resident of.;the EJNI;TED�':l.�t�&�ASUALTY COMPANY,the corporation described in and which exs�u�ed.;tl�e above tnstrumet►f;thr�t _. ;: ,. ; , :,. e knows the seal`of said corporation; that fh� seal affixed to tfie said"instrurrrent is such corpor�t� seal that rt-w�s so aff`�ted= " `` Ursuant to authority given by the, �oard of Directors of said corporation and that signed his name thereto pursuant to like uthotity, and �c�Cnqwl�dge&;same to be the�et and deed of said corparation. � - �����������.��� ���t t++ RI�TTI'WADCIELI. NQ [y Public , s � cc�a�Mts9�@N Nw�sEp 7432�7� My cornmissirsn�icpires: r,.: • MY;_�QMtiAI$S�Q��IqE8: , � i , " ':: owr the undersigned o COMPANY, do hereby certify that I have compared the foregomg copy f ths Power of A�ttorney �nd a�davit, and the co:py of the �ection of th�by-laws af said Comp�ny as.,set forth krt.s�id Pawer qf ,ttn�ney, wi;th the':OF�'IC3tNl�#.S Of�,FILE kN THE HQME OF�[C€,l�F SAID CC7MPA�lY, ,and that the s�me are correct tran�cripYs iereof, and>of t�te v�hoCe of the sai:d origin�ls; and that the s�id �aWer of/�ttomey has not been revoked;and is nov,�in fut� #orce and ffect. ��► i�testimo.ny whereof I have hr�r�ur�to subscribe:d;l'ny narne and affixed the corporate se�l of�he'sa�d Cpttspat�y ��'�'' this 3gt� day of .lanua T 20 .�_. � �t' �`Wt101ATE �- :a�� �' •j t -, � � "'�r,�� .;.�a� � :ri �� �' a �lRJL -, ` x �r��"e: j ' :; r ' � �/ M M�N�'�� G�!� �� ~� '� ,: X ;� � � ; �p �w. r 1 r � . 1 . �:� 7 t ��, ':�"]� ' . , ' S�,�t'�tai'�l, r ; , ' � � ' � �.�• ; '� x ; : _ � �,k�, + , `,::.` , �� , ,- -. < a . �.� �OND00140802 � ��, , 4� ' , �,+�� �'f, � r o � < United Fire Group Fidelity&Surety Department POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You shou Id know that, effective November 26, 2002, any losses sustained by the surety caused by certfitied acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage in future surety products you purchase, you will be able to mal<e a coverage election for a then specified premium change. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. � �'' ;n HOME OFFICE:118 Second Ave,SE,PO Box 73909,Cedar Rapids,IA 52407-3909 Phone:319-399-5700 FAX �1���5 rr , ` : �: ; ��,,,�i�fs�rt�-; r: �'% �.(�+''� p��PA ',s�� w �.� , C �r 1 � ��'�,� :, ,,, ,, .�. H �, Und•3290b(3•p3) � � '4 � �. $� � � � } , r�.;�� , �V tt� i '�` N ^�-,°..w��i aY.�.�' �` � V �j�� �,,` c����, t T r e.' i ;. �"k 7 3 .�.,,,. �r R��� :�ey Y C,� �f,� tj.` �? . �� ��� s J q r,. �T , �, �' � ,>� •,; , `� .. � . ' � . ,9t �� 'P�J' �J �� \�1`��Y E / � 'j `, `ti � I:'� �'�//� .�.4 �� � � ..."t`1`� '.,1... '` ' �;1,.,4r �it4,.:�t.y'�, . � � s� , . t� LAKENAN INSURANCE AGENCY ��'-x 890 Rozier Street PO Box 407 't�"tiStHd CttOiCBW Ste. Genevieve MO 63670-0407 weu�v��,r��:�. phone (573)883-7446 Fax (573) 883-3981 info@lakenan.com Attention: City of Cape Girardeau 401 Independence Street Cape Girardeau MO 63701 RE: Jokerst, Inc. White Oaks Annex, Cape Girardeau, Missouri $135,423 Bond No. 54165537 Enclosed please find the executed contract bond for the captioned project. As you are aware,the contracts have not been dated; therefore,the bonds and the powers of attorney can not be dated. Please accept this letter as your authorization as the owner,or owner's representative, from the bonding company,United Fire& Casualty Company, to date the bonds and the powers of attorney the same date as the contract. Please date the bonds and powers of attorneys the same date as the contract and advise our office in Ste. Genevieve,Missouri, of the date. Should additional information be desired,please let me know. United Fire& Casualty Company �j �� e� ` Bar�ara� .��l���or�ey,In-Fact '�R C�' ' °;i . � �r .. -if. ;`4�t},� ' � � ,!r � :..� ,� - � .: +-� . .. . . . ' -1 �. _.. -r: ,t ��'• . . ...l � Y . � 4 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond #54165537 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY {Name and Principal Place of Business): Jokerst Inc. United Fire&Casualty Company 16444 Highway 32 PO Box 73909 Ste. Genevieve, MO 63670 Cedar Rapids, IA 52407 OWNER {Name andAddress): City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63701 CONSTR CTION CONTRA T Date: ��1��.-�ic;r�� , ?�C�`► Amount:$135,423(One Hundred Thirty Five Thousand Four Hundred Twenty Three Dollars&00/100) Description (Name and Location):�Nhite Oaks Annex, Cape Girardeau, Missouri BOND Date {Not earlier ihan Construction Contract Date): Am ount$135,423(One Hundred Thirty Five Thousand Four Hundred Twenry Three Dollars&00/100) M•ottificafions to this Bond: � None ❑See Page 3 , � ' � � �ldt` � �, :�� C(1Ph7RA@T¢R;��u.PRINCIPAL SURETY .� �C�� � .`,`.� ` :�e�+PaKY'�akersYlnC. (Corporate S al) Company; United Fire&Casualty (C orporat�j�Sl�al� ' �. _ � � -��i. Comp ny � � r i �;,1 `,I ` `� � , s.��.����. ��,c�l � g � �. . ,w �, Si nature: °" ' � .- / ' ��� =,�e and.,�titl�. Name and Title: (Attomey-In-Fact) Barba Fli�gy ���A� �;'.1� u v ^�t,;r.±.- � �J ; �.`n ' ���% (Any�aBditional s`fgnatures appear on page 3) ���- ����;' a �� �� ', �1� � � � (FOR lNFORMATION ONLY-Name, Address and Telephone) „``P�' AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Lakenan Insurance of Ste. Genevieve other party):City of Cape Girardeau 890 Rozier St.,Ste.Genevieve,MO 63670 401 Independence Street 573-883-7446 Cape Girardeau, MO 63701 AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.AIA A312•1964 1 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.,N.W.WASHINGTON.D.C.20008 THIRD PRINTING-MARCH 1987 1 The Contractor and the Surety,jointly and severally, which it may be liable to the Owner and, as bind themselves,their heirs,executors,administrators, soon as practicable afterthe amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner;or by reference. •2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default,the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise afler: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor Payment tendered orthe Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner,the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1,4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greaterthan those of the Contractor under the any,subsequently to declare a Contractor Default;and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount ofthis Bond, but subjectto commitment by the the contract.Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of clared earlier than twenty days afterthe Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1;and 6.1 The responsibilities of the Contractor for correc- 3,3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to pertorm the Construction Contract in accor- 62 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety graph 3,the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one ofthe following actions: 6.3 Liquidated damages, orif no liquidated damages are specified in the Construction Contract, actual dam- 4.1 Arrange for the Contractor, with consent ofthe ages caused by delayed performance or non-perfor- owner,to perform and complete the Construction mance of the Contractor. Contract;or 4.2 Undertake to perform and com plete the Construc- 7 The Surety shall not be liable to the Owner or others for tion Contract itself,through its agents or through inde- obligations of the Contractor that are unrelated to the Con- struction Contract,and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right ofaction shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs,executors, administrators or successors. struction Contract,arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time,to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competentjurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 W aive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years afterthe Surety refuses orfails reasonable promptness underthe circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or • I After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA A312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.WASHINGTON,D.C.20006 THIRD PRINTING-MARCH 1967 . � able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other ciaims 10 Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract; The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has 12,1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments Perform and com plete or comply with the other terms have been made, including allowance to the Con- thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Terrorism Disclosure Notice (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED,•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1964 3 THIRD PRINTING'MARCH 1987 . • THE AMERICAN INSTITUTE OF ARCHITECTS ` , AIA Document A312 Payment Bond # 54165537 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Jokerst Inc. United Fire&Casualty Company 16444 Highway 32 PO Box 73909 Ste. Genevieve, MO 63670 Cedar Rapids, IA 52407 OWNER (Name and Address): City of Cape Girardeau � 401 Independence Street Cape Girardeau, MO 63701 CONSTRUCTION CONTRACT D ate: F��YJ�ua�r^�� <j�2�'C��l Amount:$135,423(One Hundred Thirty Five Thousand Four Hundred Twenty Three Dollars 8�00/100) Description (Name and Location)White Oaks Annex, Cape Girardeau, Missoun BOND Date (Not earlierthan Construction Contract Date): Amount:$135,423(One Hundred Thirty Five Thousand Four Hundred Twenty Three Dollars&00/100) Mo,ti+fi��tfb'ns to this Bond: � None ❑See Page 6 . CON�TR'�GYO�j','A.S�P'I�'IN CIPAL SURETY .•��,�p�',a1°���;�,� . CoN���.rty JokeSt,fnC. �. (Corporate Seal) Company: United Fire&Casualty (Corporate Sealj�'� ,�;� _ ��� '�"�, '•.V� l�N �,�,. Company �,��� � � � ' �-f�" "_' I �,� q f : Sig'ti�ure: � _ '��+� Signature: � � - -a :Narrt�'a�d„T�tJ�e�,,.� Name and Title: (Attomey-In-Fact) Barbara F' g G =.' ,� " ; � ; . ..e , tij . , ..= .,�, {Q-rny additio�nal sigr�atures appear on page 6) � ,-� , . �'! ' -• , . (FOR INFORMATION ONLY-Name, Address and Telephone) � 'y�;�; "�3 •r AGENT orBROKER: OWNER'S REPRESENTATIVE (Architect, Engineeror Lakenan Insurance of Ste. Genevieve other party):City of Cape Girardeau 890 ROZIER ST.,STE.GENEVIEVE, MO 63670 401 Independence Street 573-883-7446 Cape Girardeau, MO 63701 ASA DOGUMENT A312-PERFORMANCE BOND AND PAYMENT BONO-DECEMBER 1964 ED.-AIA A312-1964 4 THE AMERICAN INSTITUTE OF ARCHITECTS.1135 NEW YORK AVE..N.W.WASHINGiON.D.C.20008 THIRD PRINTING-MARCH 1987 < � 1 The Contractor and the Surety,jointly and severally, 6 When the Claimant has satisfied the conditions of bind ihemselves, iheir heirs, execuiors, adrninisirators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense iake ihe following actions: maierials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim, raied herein by reference. siating ihe amounis ihat are undispuied and ihe basis 2 With respect to the Owner, this obligation shall be for challenging any amounts ihai are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimanis, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amounl of ihis Bond, and 1he amouni of lhis Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Sureiy. person or entity whose clairn, demand, lien or suit is for the paymeni for labor, maierials or equipmeni fur- 8 Amounts owed by ihe Owner to ihe Contractor under nished for use in ihe performance of the Consiruction the Construction Contract shail be used for the perfor- Contract, provided the Owner has romptly notified mance of the Construction Coniraci and io satisfy clairns, the Contractor and the Surety �at the address if any, under any Construction Pertormance Bond. By described in Paragraph 12) of any claims, demands, ihe Coniracior furnishing and 1he Owner accepiing this liens or suits antl tendered defense of such claims, Bond, ihey agree ihai all funds earned by the Contracior demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided ihere is no Owner Defauli. dedicated to satisfy obligations of the Contractor and ihe Surety under ihis Bond, subject io ihe Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. g The Surety sh,all not be liable io the Owner, Claimanis 4 The Surety shall have no obligation to Claimants or others for obligaiions of the Contractor thai are unrelat- under this Bond until: ed to the Consiruction Coniraci. The Owner shall noi be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direci ani underihis Bond,and shall have under this Bond no obli- coniraci wiih 1he Contractor have given notice to the gaiions io make payments to, give notices on behalf of, or Sureiy (at ihe address described in Paragraph 12) and oiherwise have obligations to Claimanis under this Bond. sent a copy, or notice thereof, to the Owner, stating ihai a claim is being made under ihis Bond and, wiih 1Q The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, io the Consiruciion Coniract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. �1 Have furnished written notice to the Con- 11 No suii or aciion shall be commenced by a Claimant iractor and seni a copy, or notice thereof, io under this Bond oiher ihan in a courl of competeni juris- the Owner, wiihin 90 days after having last diction in the location in which the work or part of the performed labor or lasi furnished maierials or work is located or afler the expiration of one year from ihe equipment included in ihe claim staiing,with date (1}on which ihe Claimant gave the noiice required by substantial accuracy,the amouni of the claim Subparagraph 4.1 or Clause 4.2.3,or(2)on which 1he last and the name of the party to whom the labor or service was performed by anyone or ihe lasi maie- materials were furnished or supplied or for rials or equipmeniwere furnished by an one underihe Con- whom ihe labor was done or performed; and struciion Coniract,whichever of(1)or�2)firsi occurs. if the provisions of ihis Paragraph are void or prohibited by law, � 2 Have eiiher received a rejeciion in whole or ihe minimum period of limitation available io sureties as a in pari from ihe Contractor, or noi received defense in ihe jurisdiction of the suii shall be applicable. within 30 days of furnishing the above no- tice any communication from ihe Coniractor 12 Notice to the Surety, the Owner or the Contractor by which the Contractor has indicated the shall be mailed or delivered to ihe address shown on the claim will be paid directly or indirectly; and signature page. Actual receipt of notice by Surety, the • 3 Not having been paid within the above 30 Owner or ihe Contracior, however accomplished, shall days,have seni a wriiten noiice io the Surety be sufficient compliance as of the date received at the (at the atldress tlescribed in Paragraph 12) antl address shown on the signaiure page. sent a copy, or noiice thereof, to the Owner, siaiing that a claim is being made under ihis 13 When ihis Bond has been furnished io comply with a Bond and enclosing a copy of ihe previous staiutory or other legal requirement in ihe locaiion where wriiten noiice furnished to the Coniracior. ihe consiruciion was to be performed, any provision in ihis Bond conflicting with said staiuiory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such siaiutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312'PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.•AIA A312•1984 S THE AMERICAN INSTITUTE OF ARCHITECTS,1795 NEW YORK AVE.,N.W.WASHINGTON,D.C.20006 THIR� PRINTING 'MARCH 1987 � • Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performanoe of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig• 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default; Failure of the Owner, which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con• intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms "labor, materials or equipmenY' that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLIOWS: Terrorism Disclosure Notice {Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address; AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1964 E0.•AiA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING 'MARCH 1987 _ _ _ _ . � UIUITED FIRE&CASUALTY COMPANY ' �3ond#541,65537 ' � : HONtE OFFIC�.-`GEDAR RAPIDS,10WA; ,: !: '' CERTIFI�C3 COPY QF p�iNEFi�F ATTORIt1EY _ (Original on file at Home Office of Company-See Certification) K�tOW ALL M�N BY THESE PRESENTS, That the UI�tT�D FIRE 8�'�ASUALTY CUMPANY, a corporati:on dufy organized and ex'rsting under the lavvs o#the 5tate of lowa, and hav�ng its principal o�ce in C�dar Rapids, Sta#e of;kowa, does rnake;:consti#t�te a:nd: appofr�t �t �.E:E t�0'TTcS, QR BARBARA FLTEG, 012 11ICKIE WINKLER, OR KACEY GEGG, �R MARK /t GODDMAN, ALL TNDI1fIDUALLY Of ''$AINTE GENEVIEVL'MO its tcue and lawful Attorr�ey(5)-in-F�et with power and authdrity hereby conferred to sign,:seal and sxecute in its.behaii all fawful > bonds,under�aking5 a�nd ather obliga#ory instruments of similar nature as follows::Arty and A1 1 Bonds' < and to hind llNITED fIRE & �ASUALTY COMPANY:#hereby as fully and tp the.same sxt��t as if such inst�uments were signe�l by the duly authorized officers of UNITED FIRE � CASUALTY COM�ANY and al� the acfs of said Attorney; pursuant#o ttie authority hereby given are hereby ratified and confirmed. ` The A�tthority hereby granfed is continuous and shali remain in fufl force-and efFect untif'revol�erf by UNITED ��RE & ' GASI�ALTY COMP/�NY. ' ' rhis pawer of A#tor�tey is made and executed pursu�nt to and by au#hority of the following By-Law duly'adopted by Board�f Directors qf the Go.mpany on April 18, 1973. ' "Article V-Surety Bonds and Undertakings" ' Sec�on 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of th�Company may, _ from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of i�surance, bond:s, undertakings and other obligatory instruments of like nature. The sign:ature flf:any offic�r.authorized #�ere.fly,and the Corparate seal, may be affixed by facsimile to any power of attomey or: specia�`povver"af attorr�ey or certific8tion crfi either authorized hereby; such signature and seal, when so used, being adtiptetl by the Gompany as the ` original signature of such O�cer and the original seal of the Company, to be valid and binding upan the Comp�ny wi#F�th:e same fQr�e and efiFect as>though manually affixed. Such attorneys-in fact, subject to the limitations set;forth in th�ir re$Rective'eertificate5 of authority shall have full power to bind the Company by their signa#ur� �nd executio:�t af any suc#i instr�ments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other pffieer of the Campany may at any time revoke all power and authority previously gt��n to any attorney-in-fact. . tt;t4��3}��+f�� IN�WITNESS WW�EREOF, the UNITED FIRE & CASUALTY-COMPANY has eaused these pr�sents to be s�gner3 by �� �..�`°"'V��� ��'' 9th day of November, 2006 ,� "'���'�; its vic�presidertt'and its corporate seal to be hereto affixed this =� co�a�rF �: '� ""'`— �= UNITED FIRE �.CA�l1,4LT`f GUMPAfVY , : �a� ,- � _ .,;� a''` � `'''��11n 1N\�?``````` � ` BY �---� State o€IawG. County of Linn, ss; Vice President On 9th day of Novemb8r,; 2006,: before me personally came Dennis J. Richmann ' to rrte �cnowr: whq being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State a#lowa; that he is � Vice ' Presi�e:a�of:ne UNtl'ED FkRE 8�CASUALTY�OMPANY, the�arporation-described in and which execut2r!the above instrumertt;that he kno:��s th� seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pur$uar.� to �ut#�ority given by the, Board of Directors of said corporation and>that he signed his name th�eeto pursuant.t� like authontv;.an� acknowledges same to be the act and tleed of said corporatGon. •� e'� ' MiCH�ll,B WiISfSN ; �- � `*: ca�wca��oN ku�rEn t04745 P � : , MY COMIrf SSION EX�1RE$ �_'�`'��I'''Y"� Ow► � " �.: - t�9 _ Notary Pubiic l, the.urders,Yned ofificer of the UNITED FIRE & CASUALTY G�MPANY, do hereby certi"ry that I have compared the foregoing capy of the =�we- of Attorney and affidavit, and the copy o#the Section of the by-fdws Qf said Company as set:#orkh in said Po�ver af:' AttarnE� w�:� the OR]GINl�LS ON FILE IN THE HOME OF�IC� C7F SAID Cf�MPA�JY; and tt�at th� same 'are correcfi tr�nSCripts ' ' thereo.f and �f the whole of#he said originals, and th�t the said P�wer of Attorney has noi been revakEd and'is now in full force and :': effeet.' 'lttn+�I�qrj:> :�r :. . �����,..���,,,�.,,, In testi�orry whereof I have.h�reunto subscribed'my nem�and affuced fhe corporate se8hd�t�i�r ��itrtpany ``; - - this -�t�"1 day of F�Crjf 1.(C�r'ii 20 O1 ,>� �, �� �.*.,� _w CtaR�ow�r: ��� r— �,�y ''' H' � : [) �a ��— i� ",R'� ,� �� f',' _.��l:l ��� ��� � ���.� yF 43 ,l �'i'�xaatv; -���` �,q, ` ��`���m:���s��� j � . � m� Secretary ��, . t��� °:' � ��� ;� '`�' .,°'"wy � � c ,. % v,' , ' .. ., �, x � �, ,.� ,. � >$ONDOG194i�e _. ` u J,��« ::" � � i , " Bond#54165537 United Fire Group Fidelity& Surety Department POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You should know that, effective November 26, 2002, any losses sustained by the surety caused by certfitied acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium change. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. HOME OFFICE: 118 Second Ave,SE, PO Box 73909,Cedar Rapids,IA 52407-3909 Phone:319-399-5700 FAX:319-399-5425 Und-3290b(3-03) � ACORD ' DATE(MM/DD/YWY) TM. CERTIFICATE OF LIABILITY INSURANCE ' ozizsizoo� PRODUCER Phone: (573)883-7446 Fax: (573)883-3981 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LAKENAN INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 890 ROZIER STREET PO BOX 407 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR STE.GENEVIEVE MO 63670-0407 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I i �' INSURERS AFFORDING COVERAGE � NAIC# -- �-- - -- INSURED 'INSURERA: UNITED FIRE 8�CASUALTY JOKERST INC&ROTH BUILDING STONE INC INSURER B: AMERISAFE INSURANCE 16444 HIGHWAY 32 'i INSURER C: ' STE.GENEVIEVE MO 63670 ------- �---— �INSURER D: i �INSURER E: t COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB,IECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE MMIDDIYY � DATE MM/DD� � � � � INSR ADD'L� NpE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICV EXPIRATION I� LIMITS LTR INSR GENERAL LIABILITY 60327441 ����$��6 10/05I07 �EACH OCCURRENCE___ i$ �,�0�,��� ,DAMAGE TO RENTED � X COMMERCIAL GENERAL LIABIUIY, I PI REMISES(Ea occurence) I$ 1 OO�OOO � CLAIMS MADE C OCCUR ' � � MED.EXP(Any one person)$ 5,000 ' ' �� ��---- —�—--- — — - — A I , 'PERSONAL 8 ADV INJURY $ 'I OOO,OOO --- -------- _.._ _ . ____ __ ; I �� GENERALAGGREGATE � 2,000,000 �GEN'L AGGREGATE LIMIT APPLIES PER: I I CPRODUCTS-COMP/OP AGG. ,$ 2,000,000 j POLICY JE� �ii LOC I I -- --------- -------- � AUTOMOBILE LIABIUTY I 6Q$2]¢Q� 1�/�5/�6 ! 1���$�07 COMBINED SINGLE LIMIT � (Ea accident) :$ 1,000,000 ALIOWNEDAUTOS III t-__-------___._----. - '--____-----_ __ . X ANY AUTO I � �I I I BODILY INJURY i i SCHEDULED AUTOS I I (Per person $ q � I __ � . - --- - --- ' ' HIRED AUTOS I� i i BODILY INJURY I$ ~ NON-OWNED AUTOS (Per accident) �----------- -- I � -I----- �� PROPERTY DAMAGE $ i � (Per accident) GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT $ I� i I �--------- ------ ANY AUTO OTHER THAN EA ACC �$ __ _____ _ ___ AUTOONLY: AGG I$ EXCESS 1 UMBRELLA LIABILITY � 60327441 10105/06 �I 10/05I07 �CH OCCURRENCE �$ _ _ 2,�OQ,QOQ X OCCUR �CLAIMS MADE ! � I AGGREGATE $ Y,OOO,OOO A i i � $ � I------ — — - -------- —- RETENTION$ 'IO,OOO�� I il $ , _ .------- -- --- i X � �$ WORKERS COMPENSATION AND I AVWCM01529422006 I� 'I O/O5/Os i 'I O/OS/O7 ' i ortv uM 75 '� 'OTHER �I EMPLOYERS'UABIUTY , i �— --- � — -+— —- I i E.L.EACH ACCIDENT $ 1,000,000 B ANV PROPRIETORIPARTNERIE%ECUTIVE I � I OFFICER/MEMBER EXCLUDED7 I I i E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yaa,descrlM undar I SPECIAL PROVISIONS Wlow E.L.DISEASE-POLICY LIMIT $ 'I,OOO,OOO ,OTHER:CONTRACTOR'S EQUIPMENT I, 60327441 �, 10I05106 i 10/05107 ��LEASED/RENTED EQUIPMENT-$200,000 q 'FLOATER ' ' LIMIT AT a1,000 DED PER OCCURRENCE. i , DESCRIPTION OF OPERAT�ONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISiONS RE:White Oaks Annex project THIS CERTIFICATE HOLDER IS SHOWN AS A PRIMARY ADDITIONAL INSURED AS RESPECTS THE GENERAL LIABILITY,AS AN ADDITIONAL INSURED AS RESPECTS THE AUTO LIABILITY,IF REQUIRED IN A WRITTEN AGREEMENT AND A WAIVER OF SUBROGATION IS PROVIDED TO THEM UNDER BOTH THE GENERAL LIABILITY AND THE AUTO L�ABILITY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, City of Cape Girardeau ITS AGENTS OR REPRESENTATIVES. 401 Independence AUTHORIZED REPRESENTATIVE , Cape Girardeau MO 63701 �, �-==�-�--'"' ,,% ``� 5 . a ` �� �,.."';�.�;Y�✓"Y- Artention: R. Lee Lottes, Preside�t ACORD 25(2001I08) Certificate# 23090 O ACORD CORPORATION 1988