HomeMy WebLinkAboutRES.2285.06-18-2007 � '
CITY OF CAPE GIRARDEAU
2007 OVERLAY PROGRAM
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BAS1S OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the�day of :TU 1 N in the year
2007 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and JORERST� irtc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The work to be performed under these Contract Documents consists of the
pavement repair crack sealinq stripinq and overlav as indicated on the followinq
streets.
a. PLANT MIX BITUMINOUS BASE COURSE- 3"
• Whitelaw Lane from Woodlawn Avenue to the end of Whitelaw Lane
• Mason Street from Sprigg Street to the end of Mason Street
• Wilson Road from Kingshighway to the east 1130'
• Service Road off of Perryville that services Meadowbrook Water Tank
• Southern Expressway Shoulders from Kingshighway to Cape La Croix Creek Bridge
b. PLANT MIX BITUMINOUS PAVEMENT- BP2-2"
• Legion Drive from Capaha Drive to north of circle drive
• Spanish Street from Fourth Street to Second Street
• Lexington Avenue from near Cape LaCroix Road to Carolina Lane
c. CITY APPROVED MATERIAL-such as microsurfacing, thin mix, etc. — less
than or equal to 1"
• North and South Lake Drive from Hopper Road to the cul-de-sac
• Plaza Way from William Street to Bloomfiefd Street
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Article 2. ENGINEER.
The Public Works Director or his designee is to act as OWNER'S representative, assume
all duties and responsibilities and have the rights and authority assigned to ENGINEER in
the Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within_ one hundred twentv(120) 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 fiftv(150)days after
the date when the Contract Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER fi_ve hundred dollars $500.00 for each day
that expires after the time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified in
paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars
500.00 for each day that expires after the time specified in paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: Fo�r hundred thirty-eight thousand fi►o hundre�$ a38,26s.e3 )
sixty-eight dollars and eighty-three cents
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
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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;Refainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER,on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed)or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER,and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, maydetermine 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°/a 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.
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Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the Generai 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, perforrnance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in
or relating to existing surFace or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the
determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent
of the"technical data"contained in such reports and drawings upon which CONTRACTOR
is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR
acknowledges that such reports and drawings are not Contract Documents and may not be
complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER
and ENGINEER do not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and
carefully studied (or assumes responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions(surface, 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 Wgrk as indicated in the Contract Documents.
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7.6 CONTRACTOR has correlated#he 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 A1 to A7 inclusive).
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 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive).
8.7 Specifications bearing the title 2007 OVERLAY PROGRAM
8.8 Drawings.
8.9 Addenda numbers _to_, inclusive.
8.10 CONTRACTOR'S Bid (pages BF- to BF- , inclusive) marked exhibit
8.11 Docurnentation 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.
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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 Agreementwhich are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5 The General Contractor shall provide to the City of Cape Girardeau, Public Works
Department weekly certified payrotls from the General Contractor and all Subcontractors
during the course of the project. These may be provided on a weekly basis or submitted
monthly with each pay request.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OV��NER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on �)�u � a , 2007 (which is the
Effective Date of the Agreement).
OWNER Citv of Cape Girardeau CONTRACTOR JORERST, zNc.
YSYg � ���� �� .
Dou las K. Leslie Cit Mana er JULIANN M. JOKERST/PRESIDENT ,�
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BY� By: �-�-- {'�� (, • « �
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[ OR ^ RATE SEAL] [ ORPOR E SEAL]: g �,i. ;. .;�,� ; =
Attest � 'YI �i�.l�r� �`��� �� ,,� ��'�s�
(,� Attest `
� , ' ... . ••�, 4'��,,,
Corporate Secretary �' 1>'t}:':�,� .T''
��4 111 9 t1 kW�Y1
Address for giving notices Address for giving notices '
401 Independence Street 16444 HIGHWAY 32
Cape Girardeau, MO 63703 STE. GENEVIEVE, M0. 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.
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
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C1TY OF CAPE GIRARDEAU
� 2007 OVERLAY PROGRAM
BID FORM
� (EJCDC 1910-18) (1990)
� PROJECT IDENTIFICATION: The improvement consists of avement re air
p p , crack
sealinq, stripinq and overlay as indicated on the following streets•
� a. PLANT MIX BITUMINOUS BASE COURSE- 3"
• Whitelaw Lane from Woodlawn Avenue to the end of Whitelaw Lane
� • Mason Street from Sprigg Street to the end of Mason Street
• Wilson Road from Kingshighway to the east 1130'
• Service Road off of Perryville that services Meadowbrook Water Tank
� • Southern Expressway Shoulders from Kingshighway to Cape La Croix Creek Bridge
b. PLANT MIX BITUMINOUS PAVEMENT- BP2-2"
� • Legion Drive from Capaha Drive to north of circle drive
• Spanish Street from Fourth Street to Second Street
• Lexington Avenue from near Cape LaCroix Road to Carolina Lane
w c. CITY APPROVED MATERIAL-such as microsurfacing, thin mix, etc. — less
than or equal to 1"
• North and South Lake Drive from Hopper Road to the cul-de-sac
� • Plaza Way from William Street to Bloomfield Street
� and all other appurtenances as specified in the bid documents for the City of Cape
Girardeau, Missouri.
� �I°�IS BID IS SUBMIITED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
� CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if th� Bid is accepted,to enter into an
� �c�reoment 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
wlthin the Bid Times indicated in this Bid and in accordance with the other terms and
� condifiions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
� €�nd 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
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BF-�
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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, C'2Celpt 0'F aII WF11CI1 IS Il@Ceby aCICt10WI@dgGCI: �ListAddenda byAddendum Numberand Date)
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� (b) BIDDER has visited the site and become familiar with and is satisfied as to the
c�eneral, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
.
(c) BIDDER is familiarwith and is satisfied as to all federal, state and local Laws and
R�gulations that may affect cost, progress, performance and furnishing of the Work.
`"" d BIDDER has careful
( ) ly studied all reports of explorations and tests of subsurface
�anditions 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
Untlerground Facilities) which have been identified in the Supplementary Condition's 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 Engineerdo not assume
r�sponsibility for accuracy or completeness of information and data shown or indicated in
�f khe Bidding Documents with respect to Underground Facilities at or contiguous to the site.
61DDER has obtained and carefully studied(or assumes responsibility for having done so)
, �II such additional or supplementary examinations, investigations, explorations, tests,
�'
�tudies and data concerning conditions(surface,subsurface and Underground Facilities)at
c�r 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,
�oquences 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
�; d�termination of this Bid for performance and furnishing of the Work in accordance with the
�t lmes, price and other terms and conditions of the Contract Documents.
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(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
� Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
� observations obtained from visits to the site, reports and drawings identified in the Contract
f 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
ar�generally sufficient to indicate and convey understanding of all terms and conditions for
� performing and furnishing the Work for which this Bid is submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
� person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
� solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
� 4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s)
� UNIT PRICE BID ,
� NO ITEM UNIT EST. UNIT TOTAL
.QTY. PRICE EST. PRICE
`'"" 1. Bituminous Pavement Mixture TONS 1390 58.00 80,620.00
$ $
(Bit Base)3"
� 2. Bituminous Pavement Mixture TONS 2602 � 58.00 $ 150,916.00
(BP-2)2"
� 3. City Approved Thin Lift Material TONS 1282 $ 60.00 $ 76,920.00
Less than or equal to 1"
� 4. Tack Coat GAL 9581 $ , 3.53 $ 33,820.93
� 5. Prime Coat GAL 1560 � 5.00 � 7,800.00
6. M i l l i n g S Y 1 1,1 1 6 � 4.0 0 $ 4 4,4 6 4.0 0
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BF-3
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� 7. T e 5 A re ate Base
YP 99 9 TONS 161 $ 25.00 $ 4,025.00
`� 8. Asphalt Patch SY 890 $ 28.00 $_ 24,920.00
9. Striping-Single Yellow-Skips LF 2526 $ 0.60 $ 1,515.60
� 10. Striping-Double Yellow Lines LF 1350 � 0.95 1 282.50
$ �
� 11. Striping-Turn Arrows EA 8 � 40.00 $ 320.00
1 2. S t riping-Sing le W hite Line LF 7858 � 0.60 $ 4 714.80
�
� 13. Traffic Control LS 1 $ 5,000.00 $ 5,000.00
1�. Street Grading SY 600 $ 3.25 $_ 1,950.00
� TOTAL BID FOR ALL UNIT PRICES $ 438 268.83
� FOUR H(JNDRED THIRTY-EIGHT THOUSAND '�JO HiJNDRED SIXTY-EIGHT & 83/100
� (Written figure)
(Total bid amount is to be shown in both words and figures: In case of discrepancy, the
� amount shown in words will govern. In case of error in extension, the unit and lump sum
�rlces under each Pay Item will be considered correct, and these sums when properly
� t�xfended, shall constitute-the Bid.)
Ur11t Prices have been computed in accordance with paragraph 11.9.2 of the General
� Cc�nditions.
�IDDER acknowledges that quantities are not guaranteed and final paymentwill be based
� �h �ctual quantities determined as provided in the Contract Documents.
�. BIDDER agrees that the Work will be substantially complete within one hundred twentv
� � calendar days after the date when the Contract Times commences to run as
prov(ded in paragraph 2.3 of the General Conditions, and completed and ready for final
��yment in accordance with paragraph 14.13 of the General Conditions within one
� h�ndred fifty(150) calendar days after the date when the Contract Times commences to
run.
� �IDDER accepts the provisions of the Agreement as to liquidated damages in the event of
f�llure to complete the Work within the times specified in the Agreement.
8. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or c�shiers check.
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BF-4
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(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. - DARRELL HIBBITS AND/OR TIM JOKERST
� Address 16444 HIGHWAY 32, STE. GENEVIEVE, MO 63670
(a) Performance and Payment Bonding Company
� Name
� Address
AgentlPower of Attorney Name (if used)
� 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 ,TUNE 5 , 2007 .
State Contractor License No.
� IF BIDDER is:
�„Lt�ividual
� BY (SEAL)
(Individual's Name)
doing business as
� �usiness address:
�
Phone No.:
� A Partnershi
SY (SEAL)
� (Firm Name)
� (General Partner)
�
BF-5
� s
� �
� Busine
ss address.
� � _ _,.:�
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h
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Phone No.: ' ,�°��, �`�:��
� � -,•'`�t y �� � �? j�
A Corporation � �`=�`,� °� �
���` JOKERST INC. t��L�tl����40 ",�"
� .��' � w (Corporation Name) ��; j��;,>�-
� � f�,x.
��` � `°`�f,, �" MISSOURI ,,� .
y ,��,E�'���•��+'��'- fr a� of I c rporation) ,-�'��'
+ r •w' , �j,,
����"'a �`.���'���'` I£� M's �a11EILER � 'Y/. t,�1J r��`�A����� .� :�.
.t3'„ �f t i ri,, ,�
, r ,�> �,_ �,�.
.� (Name of Person Authorized to Si n ��` {' " [.�•��--• ',-�3��
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�'''' �h� � ' *� CORPORATE SECRETARY g � �� = t �
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�i� �• T.a. r�`� � �,�:�i_y�S �.�,�� 'r, � :
��' b .-!,) i �'*,a�' � rs. w:�.. ��'�` ~ �`�.j```
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A�test CARRIE A. VOGT , r ,��,., ;��� ,,t�� �
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(Secr ary) �- .��� '�
� Business address: _ 16444 HIGHWAY 32, STE. GE�IEVIEVE, 63670
�
� Phone No.: 573 883-7401
� )
Date of Qualification to do business is 1972
A Jaint Venture �
By (SEAL)
` - (Name)
� (Address)
�y (SEAL)
(Name)
� Address
� )
�
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�
� -
BF-6
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� Phone Number and A
ddress 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:
_ ASPHALT PATCH, STREET GRADING, LAYING ASPHALT PAVII�fT
_.__
�
�
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It is anticipated that the following subcontractors will be employed for work on this project:
� �UBCONTRACTORS:
(Name) (Type of Work)
� � FLYER STRIPING, INC. STRIPING STREETS
� _ APEX PAVING MILLING
� _.�r_.�.
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BID BOND
Coniorms with The American Institute of Architects,
A.I.A. Document No.A-310
KNOW ALL BY THESE PRESENTS,Thatwe, ,lokerst Inc.
16444 Highway 32,Ste.Genevieve, MO 63670
as Principal,hereinafter called the Principal,
and khe 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 5urety, hereinafter called ihe Surety, are held and firmly bound unto
City of Cape Girardeau,401 Independence Street,Cape Girardeau, MO 63703 as 0 bligee,hereinafter called the Obligee,
in th e sum of Five Percent of Amount of Bid
Dollars($5%of Bid ),for the payment of which sum we(l and truly to be made, tha said Principal and the said
Surety, bind ourselves, our heirs,executors, administrators, successors and assigns,joinlly and severally,firm(y by these presents.
WHEREAS, the Principal has submitted a bid for Ciry of Cape Girardeau 2007 Overlay Program
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal sha(l enter inlo a Contract with
the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and mater�al furnished in the prosecution thereof,or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shal(pay to the Obligee the difference not to exceed the pena�
hereof between the amount specified in said bid and such larger amount for�vhich the Obligee may in good faith co,n�t��ct
with another party to perform the W ork covered by said bid, then this obligation shall be null and void,otherwise t� r�mairi��' "' �
in full force and effect. �,.��-, . '
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Signed an ed this 5th da y of June � � r26�7'' � '
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` Jokerst Inc. � ',r ����
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W itness � � �. � � 9 v 4,.�,��,s _
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f United Fire&Casualty Companyc ,,,;� `
Tracy L. ig W itness l �
By �
Vickie Winkler �����,¢y��;��Fact
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Lakenan Insurance of Ste. Genevieve MO ° ��'"�` ', PRINTED`ly ��:'�;::`Y'
SG-547EP 3193
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' U�II�EL?FIR�$;CASi1ALTY GOMPA�JY >'
��A+I�i7FFl�� CED�t�f R�4P1DS,IUWA
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,< < ,; , CER�IF.I:�D COPY E1F I�t`�WER'��Al"t'�R{��Y
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(Original on file at Home Office of Company-See Certification)
KIVQIN ,ALL M�N BY '�HESE RRESE�tTS, �hat:the UNITED FIRE & CASUALT`( GOMPANY, � corporatibn dufy organ��ed �tnd =
e�s4kng�nder the IaV�s af ttie State_of fowa, a�d h2ving its'pr�ttcipal offrce<in C�darRa�ids St�#e:o�lowa; does:��k2 :constitute�nd
' appo[nt :
R L�� L(}'fTES pR': BARBARk FL�E6, OR �/ICK;IE lN�NKL,ER, OR KA�:EY GEG�i, QR MARK � GDODMAN, A�L
INDEV3`fi1JALLY of SAIt1TE GEhIEVi�y� Md
' kts �ru� and fawful A#�arnEy(5)-in-Fact with pawer and authority hereby conferred to s�gn; seal and eXe�ute in its behalf ap f�wful
bonris t�nde�aktngs and afher o�iig�tory instruments of similat nature as f411pws.;p,ny ancl ,A1 1 BdndS '
and fi7 b�nd ��11T��?;FIR� &.. GASttALTY COIv1�ANY therebX as fully and:to the same e�ctent as if s�tch inst�uments We�sigrt�ii l3y ,
the duly authonzed officers of UNITED FIRE 8� CASUALTY COMPANY and all the acts af said Attomey; pursuant to`t}ie authority
hereby given are hereby ratified and.�qnfirmed,
' The Ruthortty fiereby granted is contPnuous ancf shall remain in full force an� �ffect untii revak�d`by iJNITED �IRE &
' CAS►,.�A�.TY COMP,�lVY. ` < ,
'�his power of Rttor,rtey is made and executed pursuant!o and by 2t�thoritlt:of the follovving By-Law duly adopted by Board bf
;' Directors of the Cornpar�y,:.oh April 1$, �973. ';:: ;
' ",4rticle V-Surety�onds and Undertakings" ' '
Section 2 A'��Sointment of Attorney-m Fact. "The President or any Vice President, cr ahy other officer of the'Company may,
from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies
ofi Er�sura�ce; bontls; undertakings and other obligatory instruments of like nature The,signature of any o�C�'r authorized
hereo�y aCtd #he Car�Zarate seal, may be affixed by facsimile to any power of attomey, or:specia�.pa.wer ot:atCornEy oc
. certi�icatian vf either a�t#�o�ized hereby; such signature and seal, when so used. being'adopted by ti�'e Company as the
ongina€sign�ture of<such o�cer and the original seal of the Company, to be valid and binding u:pan the Cpmp�ny wf�i� the
s8riie force and e€f�ct as though manualfy affixed. Such attorneys-in fact, subject to the limitations set.forth in'theat' '
resp�tive certificates ofauthority shali have full power to bind the Company by their signatur�'and execution;of any:such
instr�ments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or
any othsr cafficer of the Ccsrripany may at any time revoke all power and authority previo.usly,�'tvgn to an�r;attomey-in fact<:;.
,«�Fl+,u,, I(�WITNESS WNEREOF, the UNITED FIRE E� CASUALTY COMPANY has caused these prese.nts to be signed by
�`�ja���� ''� p P 9th da of Ndvember�; 2006�•
`,���`� '`�_'�; .its vi�e r�sident and its cor orate seal to be hereto affixed this y
coxrok.i� �=
� �'i— Z= UNITED FIR� �Gl�S�!/�LT`f COMPA�IY
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By ��,.,,�,�:.
State of lowa.'�o�nt�r;of Linn,'s�: �
<On gth day ofi Novemqer, 2ppC, before me Vice President
personally came Dennis J. Richmann ; "
to rTre,k�sAwn whp being by me duly sworn, did depose and say; that he resides in Ced2r Rapids, St�te o# lowa; that he is a Vice
' Presid'�+!�t of��e 11NiTED FiF2E:$�:CASUALTY COMPANY, the.carporation des�ribed;in and wnich exe�uted the above instrument;.:that
he knovrs the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to �uthority gi�en by the Board of Directors of said corporatio.n and that he signed his name thereto pursuant to hke
authoritrr; anc ackrtovvledgessame ta:be the act and deed of s�id corporation.
^�'� �� > M1CH�LL�VYII:SON ':
�. COYN1Sg10N NUM9ER'T04�4S � �'���, {
� :' MY CC�tythf S31W'N El(P1RES< ��'^
: �
o.w►';' � l�; �4 hlotary Pt�bEic
I, the urders cned qff.icer of the UNITED FIRE & CASUALTY GOMPANY, do hereby.eertify .hat i have compared the fore.going.�opy
of the F�uve� ;,r Attorney and,affidavit, and the copy of tMe'Section of the by-laws,.of saic Company as 'set forth �r1 said Pawer �f
'Attarr�ev wEt'' the ORIGINALS ON FILE IN 7FiE HOME OFFIC6 QF SAID. C�MPANY, �nd thal the same are correet:tr�n5�rip#s
;the�ec�f;and �:the whole of;fhe saitl origin�ls, and that the said Povr�r of Attorney l�as noz �een revok�d and is noYu in full�orce and
eff�Ct.
��`""`"�`"`� fn testimo�y+n+hereof I have'kre�eunto subseribed m name'and a��ed the corporafe se21''of the satd Ct�rnpany ;::
````�`,s C\�l,V���i .
, �� -�: this 5th day of June 20 y 07
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vf� SE�!- ��:� �--��
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�ecrefary
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United Fire Group
Fidelity& Surety Department
POLICYHOLDER DISCLOSU RE
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 covera�e 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,Cadar Rapids,IA 52407-3909 Phone:319-399-5700 FAX:319-399-5425
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Und-3290b(3-03) .,����,,.��,�;��� ., ��
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� LAKENAN INSURANCE AGENCY
� 890 Rozier Street PO Box 407
Trusted Choite' Ste. Genevieve MO 63670-0407
Weserveyouf�rst. P]IO11C 573 883-7446 Fax
( ) (573)883-3981
info@lakenan.com
City of Cape Girardeau
401 Independence Street
Cape Girardeau MO 63703
RE: Jokerst, Inc.
2007 Overlay Program
$438,268.83
Bond No. 54165553
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���G��2�
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Barbara Flieg
Attorney-In-Fact
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