HomeMy WebLinkAboutRES.2417.01-20-2009 r �
BILL NO. 09-17 RESOLUTION NO. �-;y��/
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH FRONABARGER
CONCRETERS, INC. , FOR THE PLACEMENT OF
TRAFFIC SIGNALS AT THE INTERSECTION OF MT.
AUBURN ROAD AND HOPPER ROAD AND OTHER
IMPROVEMENTS TO THAT INTERSECTION, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE l . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Fronabarger Concreters, Inc . , for the placement
of traffic signals at the intersection of Mt . Auburn Road and
Hopper Road, and other improvements to that intersection, in the
City of Cape Girardeau, Missouri . A copy of said Agreement is
attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS ��`� DAY OF A �� ����'` , 20 ���� .
<<--,�-�.
Jay B Knudtson, Mayor
ATTEST:
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i" (r(,r►�p�p�..
��tit �� . o rad, City Clerk
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- CiTY OF CAPE GtRARDEAU
SIGNALIZED INTERSECTIONS
INTERSECTION OF MOUNT AUBURN ROAD & HOPPER ROAD
INTERSECTION OF MOUNT AUBURN ROAD 8� INDEPENDENCE STREET
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the l l�h day of F�,b�utxr� in the year 2009 by and
between the City of Cape Girardeau, Missouri (hereinafter called O ER) and
Fi=onabarqer Concreters I nc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
The Work to be performed under these Contract Documents shall consist of the
construction of street improvements on Mt. Auburn Road which consist of
` installation of traffic signals and other related construction items as stated in the
Specifications or shown on the Project Plans prepared by Bowen Engineering &
Surveying, I'nc. and Dated December 2008.
A►-ticle 2. ENGINEER.
The City Enginee� 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 Ninety ( 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 Liquidafed 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
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liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Seven
Hundred Dollars ($700.00) 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 Seven Hundred Dollars ($700.00)
for each day that expires after the time specified in paragraph 3.1 for completion and readiness for
final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraph 4.1 below:
4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item as indicated in
the bidding documents.
TOTAL OF ALL UNIT PRICES: 7hree hundred three thousand, one hundred fifty-eight doi lars
and fifty cents �$ 303,158.00 �
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; 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°/o 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 �ong as the character and
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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 afl 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 Co�ditions as provided in paragraph 4.2.1 of the
General Conditions. CONTRACTOR accepts the determination set fo�th 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
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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 1 to 6 inclusive).
8.2 Exhibits to this Agreement (pages _to _, inclusive).
8.3 Performance, Payment, and other Bonds, identified as Exhibit_and consisting of_pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive).
8.6 Supplementary Conditions (pages SC-1 to SC-4 , inclusive).
8.7 Specifications bearing the title SIGNALIZED INTERSECTIONS� 1NTERSECTION OF
MOUNT AUBURN ROAD & HOPPER ROAD and INTERSECTION OF MOUNT AUBURN
ROAD & INDEPENDENCE STREET
8.8 Drawings bearing the title SIGNALIZED INTERSECTIONS� lNTERSECTION OF MOUNT
AUBURN ROAD & HOPPER ROAD and lNTERSECTION OF MOUNT AUBURN ROAD &
INDEPENDENCE STREET
8.9 CONTRACTOR's Bid (pages BF-1 to BF-6, inclusive) marked Exhibit A .
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8.10 Documentation submitted by CONTRACTOR prior to Notice of Award (pages_to_,
inclusive).
8.11 The following which may be delivered or issued after the Effective Date of the Agreement
and are not attaehed 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 wriiten 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 legai
rep�esentatives 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.
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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 four
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 ��.�J� cC�r 11 2009
' (which is the Effective Date of the Agreement). "
OWNER City of Cape Girardeau, Missouri CONTRACTOR Fronabar�er �oncreters, �nc.
Douqlas K Leslie
By: � gy. 1 �� 1'`�
/� - .e y� s Yi�iflNlfi��! ;
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Q►4�E� ,�;••;��, • , � .
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�r�' --. . ` O i4TE SEAL] [CORPORATE SEA� '; '��� u} � � `,'
�. � a-������''1` , ..;,� ,,._
\ � � , .., �ne:
��s� . • -w� �'� Attest �� � °
��: :
�,.d��a.t �, �§ ►��,A :
E#�,r;e,�s for giving notices Address for giving notices
�---
401 Independence Street 3290 state H�gnway E
Cape Girardeau MO 63703 Oak Ridge, Mo 6:769
(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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E'XHIBIT A
CITY OF CAPE GIRARDEAU
SIGNALIZED INTERSECTIONS
INTERSECTION OF MOUNT AUBURN ROAD& HOPPER ROAD
INTERSECTION OF MOUNT AUBURN ROAD & INDEPENDENCE STREET
CONTRACTOR'S BID FORM
PROJECT IDENTIFICATION: The Work to be performed under these Contract
Documents shall consist of the construction of street
improvements on Mt. Auburn Road which consist of installation of
traffic signals and other related construction items as stated in the
Specifications or shown on the Project Plans prepared by Bowen
Engineering & Surveying, Inc. and Dated December 2008.
THIS BID IS SUBMITTED TO: City of Cape Girardeau, Missouri
401 Independence Street
Cape Girardeau, MO 63703
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with disposition of Bid
security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening.
BIDDER will sign and deliver the required number of counterparts of the Agreement with the
Bonds and other documents required by the Bidding Requirements within fifteen days after the
date of OWNER'S Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set fo�th in the Agreement, that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda receipt of all which is hereby acknowledged:
Addenda N�mber Date of Addenda
a_ �A� �Za��
2 �'�a..s, �,- Zax�
(b) BIDDER has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance and furnishing of the
Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions
at or contiguous to the site and all drawings of physical conditions in or relating to existing
BF - 1
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surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in
paragraph SC-42 of the Supplementary Conditions of the extent of the "technical data"
contained in such reports and drawings upon which BIDDER is entitled to rely as provided
in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and
drawings are not Contract Documents and may not be complete for BIDDER'S purposes.
BIDDER acknowledges that OWNER and Engineer do not assume responsibility for
accuracy or completeness of information and data shown or indicated in the Bidding
Documents with respect to Underground Facilities at or contiguous to the site. BIDDER
has obtained and carefully studied (or assumes responsibility for having done so) all such
additional or supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or
contiguous to the site or otherwise which may affect cost progress, perFormance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishing of the Work in accordance with
the times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and others at
the site that relates to Work for which this Bid is submitted as indicated in the Contract
Documents.
(� BIDDER has correlated the information known to BIDDER, information and observations
obtained from visits to the site, reports and drawings identified in the Contract Documents
and all additional examinations, investigations, explorations, tests, studies and data with
the Contract Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm o� corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
4. BIDDER will complete the Work in accordance with the Contract Documents for the following
price(s):
BF - 2
UNIT PRICE B1D
SIGNALIZED INTERSECTIONS
INTERSECTION OF MOUNT AUBURN ROAD & HOPPER ROAD
INTERSECTION OF MOUNT AUBURN ROAD& INDEPENDENCE STREET
ESTIMATED ESTIMATED
ITEM UNIT QUANTITY UNIT PRICE PRICE
Mount Auburn Road Quantities
1 TRAFFIC CONTROL L.S. 1 $ OQa $ �.��.Q�
2 EROSION CONTROL-SILT FENCE L.F. 400 $ I.SO $ �d�.Q�
3 CLASS"A" EXCAVATION C.Y. 20 $ �SO,�Q $ �,_OOQ�. Ot0
4 CLASS"B" EXCAVATION C.Y. 800 $ ,ZS $ S_QJ��.Oa
5 EMBANKMENT C.Y. 275 $ � ,(�� $ ,, 'Z�S.��
6 SEGMENTAL BLOCK RETAINING WALL S.F. 785 $ �oZW ,O� $�e'� IDS, �n
7 REMOVAL OF EXISTING IMPROVEMENTS L.S. 1 $ m� U�O� $ ����.4 p
8 TREE REMOVAL EACH 6 $ .� � LIO�
9 4"SIDEWALK S.Y. 590 $ 2�( .�' $����1�,g�
10 4"TYPE 1 AGGREGATE BASE FOR SIDEWALK S.Y. 5gp $ � �o $ ����Q ��
11 6"TNICK CURB RAMPS W/TRUNCATED DOMES EACH 8 $S�(�,� $ �.�Q�.Qp
12 SIGNALIZED INTERSECTION (MT. AUBURN ROAD
& INDEPENDENCE STREET) L.S. 1 $ � .' $ ��C104.^—
13 CONCRETE ISLAND SAWING AND REMOVAL L.S. 1 � .��Q4��� $ ?_lo�, �"'
14 SIGNALIZED INTERSECTION (MT. AUBURN ROAD �, o�n
&HOPPER ROAD) LS. 1 $ 1 I� OO�Q.� $ �I3,O4O.
15 7"P.GC. PAVEMENT WITH INTEGRAL 7"CURB S.Y. 1,761 $ 3� .qO- $ ��� ,�
16 4"TYPE 1 AGGREGATE BASE S.Y. 1,761 $ � .� $���c.S ,SQ
17 7"P.C.C. PAVEMENT REMOVAL AND $ a� $ n o
REPLACEMENT WITH 4"TYPE 1 AGG. BASE S.Y. 176 S�.—" q_S0�%
� o�
18 PAVEMENT STRIPING REMOVAL L.S. 1 $ �?�; $ ��,�. `
a' c o
19 PAVEMENT STRIPING L.S. 1 $ e��l�i" $ `..����-'
a0 ap
20 PAVEMENT STRIPING REFRESHiNG L.S. 1 $ �,� $ �SU��
21 PAVEMENT MARKINGS EACH 4 $ �ao $ � ��
22 MISC. SIGN RELOCATION L.S. 1 9� �n
$ `��,_ $ -�o,
23 FERTILIZE, SEED AND MULCH ACRES 0.5 $ �OCn.`�� $ �SOO.^�
z�-.i'@tPd�-SC-f��+P�{EiiisrFP�6-F'trctid�'r, : � $ �
25 WATER VALVE ADJUSTMENT EACH 2 $ _IS.-'n $ ISO,c�
°� Q a�
26 28"RETROREFLECTIVE TUBULAR MARKERS EACH 40 $ �,o. $ �� .
27 42"TALL ORNAMENTAL FENCE IJ
FOR SEGMENTAL RETAINING WALL L.F. 230 $ �.�"' $ �S�"i���
TOTAL BID FOR ALL UNIT PRICES (���/$g,5p )
TNe � � o
�E as�rQoD—A�i Z4►roe.�Tv,a,t.p,r.s� �N� �D �1�'Z��lc�7C—'�*-�X -- c�tla�s.
(written words) (figures)
BF - 3
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5. BIDDER agrees that the work will be substantially completed within (�calendar days after the date
when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions
within� 12p }days after the date when the Contract Times commence to run.
6. The following documents are attached to and made a condition of the Bid:
(a) Required Bid Security in the form of ��� �a�D
(b) Required BIDDER'S Qualification Statement with supporting data.
(c) Any Addenda issued.
7. Communications concerning this Bid shall be addressed to:
Name: 17_��_�M.,�.. ►�
Address:�`�(IL �TR-.-� �� 'F �A� ��x„---,N1,�--to3�(,�9
(a) Performance and Paxment Bonding Company
Name: �2r,u��.'� J`�Q� -r (' aQ�a�r_T C �.-.ow-W
Address: �� Qox �,�dIOQ �.BDA$. �� .--�� S?��
Agent/Power of Attorney(if used): �So,, c��A� ����� ��—��
Address: 1�- f�z H.��.a.0 Qc�.. �� �-�.Ync��,n lD��mZ
8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the
meanings indicated in the General Conditions or Instructions.
9. This bid is submitted on - u�s..t �� , 2009.
10. State Contractor License No. � ( ����
IF BIDDER is:
An Individual
gy (SEAL)
(Individuafs Name)
doing business as
Business Address:
Phone No.:
BF - 4
, .
A Partnersh+o
gY (SEAL)
(Firm Name)
(General Partner)
Business Address:
Phone No.:
A or orr ation
By �ut.���p_L��•S, ��
.n (Corporation Name)
�1�.5�su��
B � ��� {State of incorporation)
Y
(Name of person authorized to sign) �,F,,� 4
�� �Q13�D ►.1 l ��it1117�ift�(!/�j� p
e {Title) ���.�``��, F t24t��i;�l�, �''�,��,
(Corporate Seal) ;�� �;'`,:•''�E f � r�'_�'%�"
, � .�� � :.�� a
t7 �.
Attest y�' a. �' � o '
(Secreta ) ;�� v � �� o� =
Business Address: �� 5��T� �w}--� �r����' J � �!,�'
b� `''
.,��!' `(`�.� •. • � . ``.S\
d a �,�� ��l 43�3�9 ',, r,�`�" ,' , z',,
� . �����1:�11�n��i��t•
Phone No.: 5�.�_2l01.- 32,1�,
Date of Qualification:�
A loint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Business Address:
Phone No.:
(Each joint venture must sign. The manner of signing for each individual, partnership and corporation
that is a party to the joint venture should be in the manner indicated above.)
BF - 5
., .
BREAKDOWN OF WORK FORCE (Required):
BIDDER hereby states that he will perform the following items of work directly without employment of
subcontractors:
L)�—�� �XcA�4�a.�1 �a.tc.e � ��c�A+-�v�
It is anticipated that the following subcontractors will be employed for work on this project:
SUBCONTRACTORS:
(Company) (Type of Work)
�I�..��
��ori�ia�s�-�c� �►-' t- Lt•�.�Dsc►.P� ���,,n�.rcaL,. ��.
BF - 6
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THE AMERICAN INSTITUTE OF ARCHITECTS
'ff r
Y
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
FRONABARGER CONCRETERSINC
3290 STATE HWY E, OAK RIDGE, MO 63769
as Principal, hereinafter called the Principal, and United Fire & Casualty Company P.O. Box 73909,
118 Second Avenue SE, Cedar Rapids, lowa 52407-3909, 800-343-9130 a corporation duly organ-
ized under the laws of the State of lowa as Surety, hereinafter called the Surety, are held and firmly
bound unto City of Cape Girardeau
401 Independence, Cape Girardeau, MO 63701
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent of the Bid Amount
Dollars ( 5% ),
for the payment of which sum well and truly to be made, the said P�incipal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly
by these presents.
WHEREAS, the Principal has submitted a bid for
Signalized Intersections on Mt. Auburn Rd.
NOW,THEREFORE, if the Obligee shall accept the bid of the prinapal and the Principal shall enter into a Contrad with the Obligee in
accordance with the terms of such bid,and give such bond or bonds as may be specified i�the bidding or Contrad Documents with good
and sufficie�t surety for the faithful pe�formance of such Contract a�d for the prompt payment of labor and material furnished int he prose-
cution thereof,or in the eveni of the failrue of the Pri�cipal to e�ter such Contract and give such bond or bonds,if the Principal shall pay to
the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another paAy to perform the Work covered by said bid,then this obligatio�shall be null and void,
othenvise to remain in full force and effect.
Signed and sealed this 13th day Of January � 2009
�:;.,
FRONA6ARGER CONCRETERS INC f� "��
,4,`�t{�1111111//�//�
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� (Principal) '� /�F ��l'�1/� �i
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UNITED FIRE & CASUALTY COM��Y•. ` �h,a• ��
/1 ::t � A�_ ..•'.y.���:```.�.
Y � � ,(Surery) ��i�:�1�"�'"��''A�t�!� .
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AIA DOCUMENT A310�BID BONO�AIA��FEBRUARY 1960 ED�THE AMERICAN �; ,j4 ��G�J �� � �
INSTITUTE OF ARCHITECTS.1735 N.Y.AVE.,N.W.,WASHINGTON,D.G 20006 ; ', ,f4,� �"+�•�•7'� � �
;:. ! ,,,`
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,
'y
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 13th day of January ,2008
Personally appeared before me Priscilla B. Hunter who being duly sworn did depose and say that he/she
is the attorney-in-fact of the United Fire and Casualty Company of Cedar Rapids, Iowa,that the seal affixed to the attached
instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said
Corporation by authority of its Board of Directors and the said Priscilla B. Hunter acknowledged that he/she
executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation.
�,,..,,- ��
:�� �;`,>:F ;, DORiS L MOORE
+ .'�;p�,,,;'�;��':Notary Pub9c,State of Missouri
3�:;R:__..�..;._ Cape Girordeau County
. �j'... '. .Fn�." :
„;. ..,...:..; T�t`y Commisslon#05458164 Notary Pubtic
� %':,_�-.��' �xpires October I8, 2009
, .,,1,;,,.,.
UND-2031b
'S •
UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY
118 Second Avenue, S.E., P.O. Box 73909, Cedar Rapids, Iowa 52407
NOTICE TO MISSOURI SURETY BOND HOLDERS
Should you have a question about your bond or policy, please contact your insurance agent first.
If you are unable to contact or obtain information from your agent,you may contact our company at
address and phone number below:
UNITED FIItE& CASUALTY COMPANY
ATTENTION: BOND DEPARTMENT
P.O.BOX 73909
CEDAR RAPIDS,IOWA 52407
1-800-343-9130
❑
-v �
BID BOND-00005518
� ... UNITED FIRE&CASUALTY COMPANY Bond.#, ,- -- -
Home Office-Cedar Rapids, lowa '
Certified Copy of Power of Attorney Obligee City of Cape Gitardeau
' (Original on file at Home Office of Company-See Certification) , 40�i�aepe�aence
Cape Girarcleau,MO 63701
KNOW ALl MEN QY THESE NRESENTS,That the UNITED FIRE&CASUALTY COMPANY, a corporation duly organized and
existing under the laws of the State of lowa, and having its principal office in Cedar Rapids, State of lowa, does make, consti-
iUtE'211CI 2p�Ol llt CHARLES W DE,CKER,OR SHARON GLASCO,OR AIAN H RAUSENBERGER,JASON RAUSENBERGER,CARBONOALE,IL,OR
TOD�A 1NAR0„OR NANCY STRAUSER,OR PRISCILIA 8 HUNTER,ALL INDIVIDUALLY
Of 1707 N M7 AU9URN RO STE S,CAPE GIRARDEAU,fv1O 63701
its true and lawful Attorney(s)-in-Fact with power and authority hereby confe�red to sign, seal and execute in its behalf all law-
ful bonds, undertakings and other obligatory instruments of similar nature as follow's:
and to bind UNITED FIRE &CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed
by the duly authorized officers of UNITED FIRE &CASUALTY COMPANY and all the acts of said Attorney, pursuant to the
authority hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire ^"ay�atn,2°�s ` unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the follawing By-Law duly adopted by the
Board of Directors of the Company on April 18, 1973. �;
"Article V-Surety Bonds and Undertakings"
Sec:tion 2,Appointment of Attorney-n-FacL"The President or any Vice president,<.�r any other officer of tlte Company,may,from time to time,ap�int by
written certifica[es attomeys-in-tact to act in behalf of the Company in the ezecution of policies of insurance,lxmds,undertakings and other obligatorv instru-
ments of like nature.The signature of any ntficer authorized hereby,and die Corfxirate seal,may be aff'ixecl by facsimile to any�wer of attorney or special
power of attorney or certification of either authorized hereby;such signature and seal,when so used,bei�g adopted by the Company as the original signa-
ture of such officer and the original scal of the Compa�y,to be valid and binding upon the company with the same force and effect as[hough manually
affixed. Such attorneys-irnfact,subject to the limiWtions set forth in their respective certificates of authority shall have full power to bind the Company by
their signature and execution of any such instruments and to attach the seal of the Company thereto.The President ex any Vice President,the[3oard of
Directors or a�y other officer of the Company may at any time revoke all power and'authbrity previously given to any attomey-in-fact.
IN WITNESS WHEREOF, the UNITED F�RE &CASUALTY COMPANY lias caused tliese
presents to be signed by its vice president and its corporate seal to be hereto affixed this
`;.��c�s�ci�TY�� 12th daYO� January 2009'
� °�'- UNITED FIRE&CASUALTY COMPANY
o.
'� corsrorsnre ss
• '_ �2.�2:,.�w'�. ����K�.-----
:7 SEAI K� p jf✓
i OF 3�.� ll�/ 19 -..�.......
�id7 ��� ��
,,���Ua�H�p���
Vice President
State of°lowa, County of linn, ss:
On this�Z�'' day o��a°"ary 2009 before me personally came Dennis Richmann to me known, who being by me
duly sworn, did depose and say: thaY he resides in Cedar Ra�ids, State of towa; that he is a Vice President of the UNITED FIRE
& CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal or
said corporation; that the seal affixed to the said instrument is sucl�corporate seal; that it was so affixed pursuant to authority
given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation. �
��� ��•,a..0�,
�, �r�n���,�*'���
� Gnmzr��Fs�n rrt:mbr,�r;:i�;.t Notary P lic
vw+: f�yC�z+rnar�'*n�Ex�'res tt�''£�[t My Canmission ezpires October 26, 2010
CERTIFICATION
I, David A. Lange, Secretary of UNITED FIRE &CASUALTY COMPANY, do hereby certify that I have compared the foregoing
copy of the Power of Attomey and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now
in iull force and effect.
In testimony whereof I have hereunto subscribed my name and aftixed the corporate seal of the said Company
i{l15 13th C�d�/O{January � 2009 `�����!���no4�
�T��
;,,�� `�o-, Secretary.
�F CORPORATE �>_ �7
=Z ��� Z= / ��
�� SEAL ��
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BPOA0041 102007
7078 Woive►ir+e la�e,Suite J P.O.Box 413
Cape Girardeau,MO 63701 Puxico,MO 63960
O��� Ph 573 339 5900 Ph 573 222 2400
Fax 573 339 1391
www.bowet�engsurv.com
� ENGINEERING & SURVEYING
January 6, 2009
SIGNALIZED INTERSECTIONS
MOUNT AUBURN ROAD & HOPPER ROAD
MOUNT AUBURN ROAD & INDEPENDENCE STREET
ADDENDUM NUMBER 1
To: ALL PLAN HOLDERS
Please note the following changes or clarifications to the Project Plans, Specifications and
Contract Documents
1. item 27, "42 Inch Tali Ornamental Fence for Segmental Retaining Wai1", on the
Unit Price Bid Form shall be constructed of aluminum and shall comply with the
requirements of the attached section 05500 for Miscellaneous Metals:
Receipt of this Addendum shall be noted on Page BF-1, in the project Specification Booklet.
This addendum must also be signed and attached to your Bid Documents and a signed
copy must be faxed back to the Office of the City Engineer at 573-339-6303.
� Date � 3 O
Sincerely,
` � /��
Christopher M. Buerck, P.E
encl. Specification Section 05500 — Miscellaneous Metals
Consultin Civil En ineers Land Surve ors Testin Laboratories
JAN�B-2009 1?�05 C I TY OF CRPE G t KHkutHu ..,.. ..�- ____ -
.�
1078 Wolvrrt�� lonc,Solte J P.O.6wc a1�
� Cape (�Irnrd�ov,MO 63T01 Puxlto,MO 63960
��� n
Pi� 57a 3�9 3900 Ph 973 1Z1 Z4Ua
Fa�c 573 �39 1391
www.bowensngsurv.co m
� -
ENGINEERIIVC & SURVkYING
���a.�aa -
January 8, 2009
SIGNALIZED INTERSECTIONS
MOUNT AUBURN ROAD 8� HOPPER ROAD
MOUNT AUBURN ROAD � 1NDEPENDEIVCE STREET
ADDENDUM NUMBER 2
Tv: ALL PLAN HOLDERS
Please note the following changes or clarifications to the Project Plans, Specifications and Contract
Documents:
1_ All repairs to the existing street pavement shall be compieted in accordance with.the
attached specifications for concrete pavement repairs. The use of High-Early strength
concrete will not be required but may be used at the Contractor's option. No additional
compensation will be made for using the High-Early strength mix.
Two-way traffic shall be maintained on Mt.Auburn Road at all times. Pavement repairs that
require the closure of more than fwo lanes at one time will not be pemnitted.
Z. Item 24, "Joint Sealing (Existing Pavement)', on the Unit Price Bid Form: Bidders shall
strike a line through this item. This item will be completed during the next phase of
construction and is no longer a part of this project.
Receipt of this Adde�dum shaH be noted on Page BF-1, in tha project Specification Booklet. This
addendum must also be signed and attached to your Bid Documents and a signed copy must be
faxed back to the Office of the City Engineer at 573-339-6303.
� Date '� Z �
Sincerely,
, Yl qf
!YI
Christopher M. Buerck, P.E.
encl. Specifications fo�Co�c�ete Pavement Repairs
Consuiting C���I Englneers _ Land Surve ors Testin �aboratories
J +
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE PO Box 73909 Cedar Rapids, lowa 52407-3909
(A Stock Company) BOND#:54170986
PERFORMANCE BOND
KNOW ALL BY THESE PRESENTS,that FRONABARGER CONCRETERS INC
3290 STATE HWY E, OAK RIDGE, MO 63769
as Principal,hereinafter called Contractor, and United Fire& Casualty Company, an Iowa corporation organized underthe
laws of the State of lowa , as Surery, hereinafter called Surety, are held and finnly bound unto
City of Cape Girardeau
401 Independence, Cape Girardeau, MO 63701
as Obligee,hereinafter called Owner, in the amount of
Three hundred three thousand one hundred fifty eight and 50/100
Dollars( $303,158.50 ),for the payment whereof Contractor and Surety bind themselves,their heirs,
executors,administrators, successors and assigns jointly and severally, finnly by these presents.
WxExEAs,Contractor has by written agreement dated �t�YJ�^c,�cr�'i� �'� , 'o'�GO�
entered into a contract with Owner for MT. AUBURN RD. AND HOPPER RD. INTERSECTION AND IMPROVEMENTS TO
THE MT. AUBURN RD. AND INDEPENDENCE INTERSECTION
in accordance with drawi»gs and specifications prepared by Bowen Engineering& Surveying, Inc.
1078 Wolverine Rd. Cape Girardeau, MO 63701
which contract is by reference made a part hereof,and is hereinafter refen•ed to as the Contract.
NOW,l'HEREFORG,T}IG CONUI"[70N OP"t'}(IS 0131.IGAl�[ON is such that,if der and Owner,and make available as work progresses(even though there
Contractor shall promptly and faithfully perti�nn said contract,then this obligation should be a default or a succession of defaulu under the wnvact or contracis of
shall be null and void;otherwise it shall remain in full tixce and elTect completion aRaneed under this paragraph)sutTicient funds to pay the cost of
The Surery hereby waives notice of any alteration or extension of time made by the �Ompletion less the balance of the contract price;but not e�ceeding,including
Owner. other costs and damages for which the Surety may be liabie hereunder,the
amount set forth in the first paragraph hereof.'7'he term"balance of the contract
Whenever Contractor shall be,and declared by Owner to be in default�mder the price,'as used in this pardgraph,shall mean the toWl amount payable by Owmer
Contract,the Owmer having perfonned Owner's obiigations thereunder,the Surety to Contractor under the Contract and any amendments thereto,Iess the amount
may prompdy remedy the default,or shall promptly. properly paid by Owner to Contractor
I)Complete the Contract in accordance with iu terms xnd conditions,or Any suit under[his bond must be instituted before the expiration of two(?)years
2)Obtain a bid or hids for completing the Contract in accordance with it�s terms fYom the date on which final payment wider the contract falls due.
and conditions,and upon determination by Surery of the lowest responsiUle bid- No right of actiun shall accn�e on this bond to or for[he usc of any person or cor-
der,oc if the Owner elects,upon determination by the Owroer and the Surety poration other than the O�mer named herein or the heirs,'�Ye�utors,administrators
jointly of the lowest responsible bidder,arzange for a contract between such bid- or successors of Owner. ,''��tictu�'y����� l," ,
��+ r�F F2 l; /�In ��':.
Signed and sealed this � 1 th day of �QYJ�^uCi6`c,y A.D. ,2009 . �;�'; `� ,,� ��
J •, � i�•,;'
In the presence of: FRONABARGER CONCRETERS IN� �'�;rj x",'�f �_ :�a�� _
• � � ( cipal) C ,� �,(p,/ Ca: _
I�� '� �� :��.r l�1 • �� ��;h
( ; �-' ,J � `�
�
(Wimess) (Tide)� t C� �, ,. ,I�r ,�
UNITE FIRE& CASUALTY COMP�NY���%J{) ,".� �� �'� '�,
r� tl� ,� �,,
/,� ��03b��f
1� � "�� �� , • a` � •�y •J ��j �r� ..
(Wifiess) (Attorney-in-fact) : � ,'�g. � )�s ^� �
Priscilla B. Hunter � ��� ;�� � �,:_, rr`:
�l f. � Ij�. .,'.
CONT 00020798 =:i� �i% ,,j.� . �'�
t= `�v , '.
. , '� '. �,'v
''���� r� �i:l� :ti=,
.. ,
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 26th day of _January 2009
Personally appeared before me Priscilla B. Hunter who being duly sworn did
depose and say that he/she is the attorney-in-fact of the United Fire and Casualty Company of
Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said
Corporation, and that said instrument was signed and sealed on behalf of said Corporation by
authority of its Board of Directors and the said Priscilla B. Hunter acknowledged that
he/she executed said instrument as such attorney-in-fact and as the free act and deed of said
Corporation.
��q�P;,EI'p��� DORlS l MOORE
�' ;No,qRY, s Notary Public,State of Missour)
'*�----�*= Cape Girardeau Coun1y
� �SEA:•' � My Commisslon #05458164
�"%";;90�;�' Expites October 18, 2009
S ,���„
�27/�—
Notary Public
UND-20316
� ,
54170986
UNITED FIRE&CASUALTY COMPANY Bond„#
Home Office—Cedar Rapids, lowa
Certified Copy of Power of Attorney Obligee c�cy ot caPe c��a�dea�
' (Original on file at Home Office of Company—See Certification) ' aoi i�dePe�de�e
Cape Girardeau,MO 63701
KNOW ALL MEN BY THESE PKESENTS,That the UNITED FIRE &CASUALTY COMPANY, a corporation duly organized and
existing under the laws of the State of lowa, and having its principal office in Cedar Rapids, State of lowa, does make, consti-
tute and appoint CHARLES W DECKER,OR SHARON GIASCO,OR ALAN H RAUSENBERGER,JASON RAUSENBERGER,CARBONDALE,IL,OR
TODD A WARD,OR NANCY STRAUSER,OR PRISCILLA B HUNTER�ALL INDIVIDUALLY
�f 1707 N MT AUBURN RD STE S,CAPE GIRARDEAU,MO 63701
its true and lawful Attorney(s)-in-Fact with power and authoriry hereby conferred to sign, seal and execute in its behaif all law-
ful bonds, undertakings and other obligatory instruments of similar nature as follows:
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed
by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attomey, pursuant to the
authority hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire May 27th,Zoos unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the foiloeving By-Law duly adopted by the
Board of Directors of the Company on April 18, 1973.
"Article V—Surety Bonds and Undertakings"
Section 2,Appointme�t of Attorney-n-Fact."The President or any Vice president,or any other officer of the Company,may,frnm time to time,appoint by
written certificates attomeys-in-tact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instru-
ments of like nature.The signature of any otficer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attomey or special
power of attomey or certification of either authorized hereb�;such signature and seal,when so used,being adopted by the Company as the original signa-
ture of such officer and the original seal of the Company,to be valid and binding upon the company with the same force and effect as though manually
affixed.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by
their signature and execution of a�y such instruments and to attach the seal of the Company thereto.The President or any Vice President, the[3oard of
Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attomey-in-fact.
IN WITNESS WHEREOF, the UNITED FIRE&CASUALTY COMPANY has caused these
presents to be signed by its vice president and its corporate seal to be hereto affixed this
`����`�gc�su�T���� 26th day Of January 2009
`�.�g� �c� •
'� CORPORATE ;_ UNITED FIRE &CASUALTY COMPANY
�z —•— 'zg
�� SEAL ``
�F 3
''��%/R RAPIOs�pO` BY �+.._.� � � . . _..--.,...
���/111111����
Vice President
State of lowa, County of Linn, ss:
On this2stn day nf �anuary 2oos h�fore me personally c.ame Dennis Richmann to me known, who being by me
duly sworn, did depose and say: that he resides in Cedar Rapids, State of lowa; that he is a Vice President of the UNITED FIRE
& CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of
said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority
given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation. �
� �� ���.� ,i;.����
� s;r,�?.�.*karc�i.�rr�'
+ Cnrnmi�cs.aann�smttt:� F'..i�,`:{ Notary P lic
c�r ►rX Gomrnr�.,zcnEx rrs tt��"?f�''K�
� �° My Commission expires October 26, 2010
CERTIFICATION
I, David A. Lange, Secretary of UNITED FIRE &CASUALTY COMPANY, do hereby certify that I have compared the foregoing
copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now
in full force and effect.
In testimony whereol I have hereunto subscribed my name and affixed the corporate seal of the said Company
t{115 26th ({d Of January 2009 ���������u���
Y `,��� �,.},
:a °o; Secreta ry.
_� CORPORATE ,3>0�
=� —•— Z= �1/ /T
�� SEAL Y
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i�OqR `p``` .
'/����R���H���``
BPOA0041 102007
. .
UNITED FIRE & CASUALTY COMPANY UNITED LIFE
INSURANCE COMPANY
118 Second Avenue, S.E., P.O. Box 73909, Cedar Rapids, Iowa 52407
NOTICE TO MISSOURI SURETY BOND HOLDERS
Should you have a question about your bond or policy,please contact your insurance agent first.
If you are unable to contact or obtain information from your agent, you may contact our company
at
address and phone number below:
UNITED FIRE & CASUALTY COMPANY
ATTENTION: BOND DEPARTMENT
P.O.BOX 73909
CEDAR RAPIDS,IOWA 52407
1-800-343-9130
� ,
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE PO Box 73909 Cedar Rapids, lowa 52407-3909
(A Stock Company) BOND#:54170986
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS:
That FRONABARGER CONCRETERS INC
3290 STATE HWY E, OAK RIDGE, MO 63769
as Principal hereinafier called Principal, and United Fire & Casualty Company , a corporation organized under the
laws of the State of Iowa , as Surety, hereinafter called Surety,are held and firmly bound unto
City of Cape Girardeau
401 Independence, Cape Girardeau, MO 63701
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the anlount of
Three hundred three thousand one hundred fifty eight and 50/100 Dollars ( $303,158.50 )
>
for the payment whereof Principal and Surety bind themselves,their heirs, executors,administrators, successors and assigns,
jointly and severally, firmly by these presents.
Wxt;aFas,Principal has by written agreement dated �Q-1'Jr^uC�rc,, �1 , ��%c1
entered into a contract with Owner for MT. AUBURN RD. AND HOPPER RD. INTERSECTION AND IMPROVEMENTS
TO THE MT. AUBURN RD. AND INDEPENDENCE INTERSECTION
in accordance with drawings and specifications prepared by Bowen Engineering & Surveying, Inc.
1078 Wolverine Rd. Cape Girardeau, MO 63701
wliich contiact is by reference made a part hereof, and is hereinafter referred to as the Contract.
Now,THEREFORE,THF CovniT�orr OF Ttiis Os[.icATtoN is such that if the Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject, however, to the following
conditions:
1.A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor,
material, or both, used or reasonably required for use in the perfoi7nance of the contract, labor and material being construed
to include that part of water,gas, power, light,heat,oil, gasoline,telephone service or rental of equipment directly applica-
ble to the Contract.
2. The above named Princi�al and Surety hereby jointly and severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last
of such claimant's work or labor was done or performed,or materials were fiirnished by such claimant,may sue on this
bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,
and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
CONT 00030798 Page 1 of 2
. .
3. No suit or action shall be commenced hereunder by any claimant,
(a)Unless claiinant, other than one having a direct contract with the Principal, shall have given written notice to any two of
the following: The Principal,the Owner, or the Surety above named,within ninety (90) days after such claimant did or per-
formed the last of the work or labor,or furnished the last of the materials for which said claim is made, stating with sub-
stantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the
work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal,Owner or Si,uety, at any place where an office is regularly main-
tai»ed far the transaction of business,or served in any manner in which legal process may be served in the state in wh.ich
the aforesaid project is located, save that such service need not be made by a public officer.
(b)After the expiration of one(1)year following the date on which Principal ceased work on said Contract, it being under-
stood,however, that if any limitation embodied in this bond is prohibited by any law controlling tlle consU-uction hereof
such limitation shall be deemed to be amended so as to be equal to tt�e minimum period of limitation peiYnitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in
which the project,or any part thereof, is situated, or in the United States District Court for the district in which the project,
or any part thereof, is situated,and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,
inclusive of the payment by Surety of inechanics'liens which may be filed of record against said improvement, whether or not
claim for the amount of such lien be presented under the against this bond.
Signed and sealed this � '-1 �h day of ��IrJ Y'U�.rl.� A.D.2009 , �„ ,, :
`� f ��i�f�'� ''�!��,.�: '
In the presence of: FRONABARGER CONCRETERS INC ;��f R�_� �S��,/�j 'i,,;'
(Principal) ��� C� / ,- .
. ��� � 4�. LZ 4 :���'.� �
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(Witness) (Tit1c) : ,y f •",��1� . ��.
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UNITED FIRE& CASUALTY COMPANYt Y��,°� ��{��� �e 't,- �
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, � By . �, 1 �. r-��/ y"lJ � -,,�
_ �.:. -
(Wimess) (Attorney-in-fact) a ' �, �y ; .= � ; � !=
Priscilla B. Hunter � � "�I��,�;� '� � c� '
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CONT 00030798 Page 2 of 2
1 •
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 26th day of January ,2009
Personally appeared before me Priscilla B. Hunter who being duly sworn did
depose and say that he/she is the attorney-in-fact of the United Fire and Casualty Company of
Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said
Corporation, and that said instrument was signed and sealed on behalf of said Corporation by
authority of its Board of Directors and the said Priscilla B. Hunter acknowledged that
he/she executed said instrument as such attorney-in-fact and as the free act and deed of said
Corporation.
"�������"'' DORIS L MOORE
. :9�`���``0;'�•'F'•,�,e��i
f. . ornQ• :NOi4fy PUbIIC, State of Missourl
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' �'s`�•-•*= CapeGirardeauCounty
/ p `1� :SEq�': : M Commission#05458164
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; ,,,,,,,,�.• xpires October 18, 2009
Notary Public
UND-2031 b
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eanosss
UNITED FIRE&CASUALTY COMPANY Bond #
Home Office—Cedar Rapids, lowa
Certified Copy of Power ofAttorney Obligee CityofCapeGirardeau
' (Original on file at Home Office of Company—See Certification) aoi i�aePe�ae�ce
Cape Girardeau,MO 63701
KNOW ALL MEN QY THESE PRESENTS,That the UNITED FIRE&CASUALTY COMPANY, a corporation duly organized and
existing under the laws of the State of lowa, and having its principal office in Cedar Rapids, State of lowa, does make, consti-
tute and appoint CHARLES W DECKER,OR SHARON GLASCO,OR ALAN H RAUSENBERGER,JASON RAUSENBERGER,CARBONDALE,IL,OR
TODD A WARD,OR NANCY STRAUSER,OR PRISCILLA B HUNTER,ALL INDIVIDUALLY
Of 1707 N MT AUBURN RD STE S,CAPE GIRARDEAU,MO 63701
its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law-
ful bonds, undertakings and other obligatory instruments of similar nature as follows:
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed
by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the
authority hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire May27th,zoos unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the
Board of Directors of the Company on April 18, 1973.
"Article V—Surety Bonds and Undertakings"
Section 2,Appointment of Attorney-mFact.°The President or anyVce president,or any other officer of the Company,may,from time to time,ap�int by
written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instru-
ments of(ike nature.The signature of any ofticer authorized hereby,and the Corporate seal,may be akixed by facsimile ro any power of attorney or special
power ot attorney or certification of either authorized hereby;such signature and seal,when so used,being adopted by the Company as the original signa-
ture of such officer and the original seal of the Company,to be valid and binding upon the company with thc same force and effec:t as though manually
affixeci.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authoriry shall have full power to bind the Company by
their siKnature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President,the 6oard of
Directors or any other officer of the Company may at any time revoke all power and authority previously given ro any attomey-in-fact.
IN WITNESS WHEREOF, the UNITED FIRE &CASUALTY COMPANY h�s caused these
presents to be signed by its vice president and its corporate seal to be hereto affixed this
```��&cnsuq��r�' 26th y .
da O( January 2009
=� coaroaATe�°,s,= UNITED FIRE &CASUALTY COMPANY
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''''��RI IID\�O`; Uy �a1....� .y,,..,—....,...
Vice President
State of lowa, County of Linn, ss:
On this2stn day of �anuary 2oos before me personally came Dennis Richmann to me known, whc� being by me
duly sworn, did depose and say: that he resides in Cedar Rapids, State of lowa; that he is a Vice President of the UNITED FIRE
& C;ASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of
said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority
given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation. �
• �� �t��,�,.�s��r�
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� f«�yComrne�cs�rz�x�rrs t�i�?�°tt� My Commission expires October 26, 2010
CERTIFICATION
I, David A. Lange, Secretary of UNITED FIRE &CASUALTY COMPANY, do hereby certify that I have compared the foregoing
copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFfICE Of SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now
in full (orce and erfect.
In testimony whereor I have hereunto subscribed my name and affixed the corporate seal of the said Company
IhIS Z6th �ay nf January 2009 ````k��cnsu�r�,��'
:�q CORPORATE�9% Secretary.
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BPOA0041 102007
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UNITED FIRE & CASUALTY COMPANY UNITED LIFE
' INSURANCE COMPANY
118 Second Avenue, S.E., P.O. Box 73909, Cedar Rapids, Iowa 52407
NOTICE TO MISSOURI SURETY BOND HOLDERS
Should you have a question about your bond or policy,please contact your insurance agent first.
If you are unable to contact or obtain information from your agent,you may contact our company
at
address and phone number below:
UNITED FIRE & CASUALTY COMPANY
ATTENTION: BOND DEPARTMENT
P.O.BOX 73909
CEDAR RAPIDS,IOWA 52407
1-800-343-9130
�{ �AG`�RD CERTIFICATE OF LIABILITY INSURANCE OPID PH DATE(MNVDD/YYYY)
FRONA-1 O1 26 09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Consolidated Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1707 N. Mt. Auburn, Suite S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cape Girardeau MO 63701
Phone: 573-334-6094 Fax:573-334-8548 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Bituminoue Inaurance Company
INSURER B:
Fronabarg er Concreters Inc INSURER C:
3290 Sta£e Hwy E INSURERD:
Oak Ridge MO b3769
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND COND�TIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLI Y EFFECTIVE POLICY EXPIRATION
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDM! DATE MM/DD/W LIMITS
GENERAL LWBILITY EACH OCCURRENCE $ ZOOOOOO
P! X COMMERCIALGENERALLIABILITY CLP3250623 �2�24��8 02/24/09 PREMISES(Eaoccurence) $ 1�0���
CLAIMS MADE a OCCUR � MED EXP(Any one person) $ �j Q Q Q
PERSONAL&ADV INJURY $ lOOOOOO
GENERALAGGREGATE $ZOOOOOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 3 L OOOOOO
POUCY X PR� LOC
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
CAP3519748 02/24/08 02/24/09 $ 1000000
p! Z{ ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
�[ NON-OWNEDAUTOS (Peraccident)
PROPERTY DAMAGE $
(Per accident)
GARAGE 11ABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC S
AUTO ONLY: AGG $
El(CESS/UMBRELLA LIABILITY EACH OCCURRENCE 8 SOOOOOO
A X OCCUR ❑ CLAIMSMADE CUPL�JSZSBO OZ�Z4�OS 02/24/09 AGGREGATE S �JOOOOOO
S
DEDUCTIBLE $
X RETENTION $ZOOOO $
WORKERS COMPENSATION AND X TORY LIMITS ER
A EMPLOYERS'LIABILITY WC3519745 �2�24��8 �2�24�09 E.L.EACHACCIDENT $ �jQQQQQ
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ SOOOOO
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 'rJOOOOO
OTHER
A LEASED EQUIPN�NT CLP3250622 02/24/08 02/24/09 $150000 $450000 NII�X
PER ITEM
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
CITY OF CAPE GIRARDEAU IS NP,MED ADDITIONAL INSURED IN RESPECT TO LIABILITY
ARISING FROM THE OPERATION OF THE NAMED INSURED FOR PROJECT - SIGNALIZED
INTERSECTIONS ON MT. AUBURN RD. INSUFtANCE IS ON A PRIMARY AND NON
CONTRIBUTORY BASIS. WAIVER OF SUBROGATION WHERE LEGAL BY LAW.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
CITY OF CAPE GIRARDEAU IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
4O1 INDEPENDENCE ST. REPRESENTATIVES.
CAPE GIRARDEAU MO 63701 AUTHORIZED REPRESENTATIVE
Todd A Ward ��-� �"G�T
ACORD 25(2001/08) �O ACORD CORPORATION 1988
-- r
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001/08)
�_
��� INSURANCE BINDER OPID PH °oii26i o'9
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
AGENCY COMPANY BINDER# 448
United Fire & Casualty Compan
Consolidated Insurance Agency EFFECTIVE EXPIRATION
1707 N. Mt. Auburn, Suite S DATE TIME DATE TIME
Cape Girardeau MO 63701 X nnn X 12:01 AM
Todd A Ward O1/26/09 12:01 pM O1/25/09 NOON
(A/C,No,eXt�: 573-334-60 94 (q�C,N,�: 573-334-8548 THIS BINDER IS�SSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
CODE: OB0024 SUBCODE: PEREXPIRINGPOLICY#: $INDER
CUSTOMER ID: �O�l-1 DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY(Including Location)
INSURED
OCP POLICY FOR MT. AUBURN RD. AND HOPPER
CITY OF CAPE GIRARDEAII �• INTERSECTION AND IMPROVF,MENTS TO THE
401 INDEPENDENCE MT• AUBURN RD• AND INDEPENDENCE
CAPE GIRARDEAU MO 63701 INTERSECTION
COVERAGES LIMITS
TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT
PROPERTY CAUSES OFLOSS
BASIC � BROAD � SPEC
GENERAI LIABILITY
EACH OCCURRENCE $lOOOOOO
COMMERCIAL GENERAL LIABILITY DAMA E T
RENTED PREMISES a
CLAIMS MADE � OCCUR MED EXP(Any one person) $
X Owner 6 Contractor prot. PERSONAL&ADV INJURY $
GENERALAGGREGATE $
RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG $ZOOOOOO
AUTOMOBILE LIABIIITY
COMBINED SINGLE LIMIT $
ANY AUTO BODILY INJURY(Per person) E
ALL OWNED AUTOS BODILY INJURY(Per accitlent) $
SCHEDULED AUTOS PROPERTY DAMAGE $
HIRED AUTOS MEDICAL PAYMENTS $
NON-OWNED AUTOS PERSONAL INJURY PROT $
UNINSURED MOTORIST $
$
AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE
COLIISION: STATED AMOUNT $
OTHER THAN COL: OTHER
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $
UMBRELLAFORM AGGREGATE $
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $
WC STATUTORY LIMITS
WORKER'S COMPENSATION E.L.EACH ACCIDENT $
AND
EMPLOYER'S LIABILITY E.L.DISEASE-EA EMPLOYEE $
E.L.DISEASE-POLICY LIMIT $
SPECIAL FEES $
CONDITIONS! �
OTHER TAXES $
COVERAGES
ESTIMATED TOTAL PREMIUM $
NAME 8 ADDRESS
MORTGAGEE ADDITIONAL INSURED
LOSS PAYEE X
LOAN#
CITY OF CAPE GIRARDEAU
4 O 1 INDEPENDENCE AUTHORIZED REPRESENTATIVE
CAPE GIRARDEAU MO 63701
Todd A Ward �
ACORD 75(2004/09) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE O ACORD CORPORATION 1993-2004