HomeMy WebLinkAboutRES.2466.07-06-2009 BILL NO. 09-119 RESOLUTION NO. �7'��
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH FRONABARGER
CONCRETERS, INC. , FOR THE THEMIS AND
WHITENER DRAINAGE IMPROVEMENT PROJECTS, IN
THE CITY OF CAPE GIR.ARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Fronabarger Concreters, Inc . , for the Themis and
Whitener Drainage Improvement Projects, 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 (�L , 20�.
/ ........
l
J B. Knudtson, Mayor
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ATTEST: ��'�.�'s'k:�'�,�;���,
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Gayl L. Conrad, City Cler W� J � ~ �
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CITY OF CAPE GIRARDEAU
THEMIS AND WHITENER DRAINAGE IMPROVEMENTS
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the;"�day of Juty in the year 2009 by and between
the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Fronabarger
Concreters, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The work to be performed under these Contract Documents consists of...
The removal of existing 54" RCP pipes under Themis Street and
replacement with concrete box culverts. Adding stormwater inlets on
Whitener Street. Work shall include but not limited to removal of existing
stormwater piping, box culvert placement, catch basin installation, pipe
laying, and pavement repairs.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within Ninetv(90)calendar days for the Base
Bid, 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) calendar
days for the Base Bid, 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
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completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General 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 Five Hundred ($500) 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 ($500)
for each day that expires after the time specified in paragraph 3.1 for completion and
readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: One Hundred Twenty Six Thousand Four Hundred
Ninety One Dollars And Zero Cents ($ 126,491.00 )
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; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed)or, in the event there is
no schedule of values, as provided in the General Requirements.
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5.1.1 Priorto Substantial Completion, progress paymentswill be made in an amountequal
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 ENGtNEER, and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case,
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work(but delivered, suitably stored and accompanied by
documentations satisfactory to OW NER 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 Con�ract 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.
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7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, 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 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:
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8.1 This Agreement (pages A-1 to A-6 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 1990 Edition)
8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive).
8.7 Specifications bearing the title Themis and Whitener Drainage Improvements
8.8 Drawings — Sheet_1_to Sheet_10_.
8.9 Addenda numbers 1 and 2 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 7 , inclusive).
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to
, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
wil; have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
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contrary in any written consent to an assignment no assignment will 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.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on July �, 2009 (which is the Effective Date of the
Agreement).
OWNER Citv of Cape Girardeau CONTRACTOR Fronabarper Concreters, Inc.
Scott Me er Cit Mana er
By: By: t � 1��;,,�,,
[CORPO SEAL] (CORPORATE SEAL]
Attest � Attest ,ti/'�t�Gat
Address for giving notices Address for giving notices
401 Independence Street 3290 State Hwy E
Cape Girardeau, MO 63703 Oak Ridqe, Mo 63769
(If OWNER is a public body, attach License No. 43-1396603
evidence of authority to sign and -
resolution or other documents Agent for service of process:
authori�i " ' n of Agreement David McMullin
�tAR�r '
�,1-- -�'qP� (If CONTRACTOR is corporation
�q4' �� ��� attach evidence of authority to sign.)
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FINANCE DIRECTOR �°'� ������ P.O.BOX 677
CAPE GIRARDEAU,MO 63702-0617
ADDENDUM TO THENIIS/WHITEI�TER DRAINAGE PROJECT
June 10, �009
Dear Vendor:
Enclosed is Addendum No. 1 to the above project.
This page must be sighed and included w/your bid.
Vendor Name: ��� ' � � �f- � �r ' �z,
Prepared by: � e � '` y� ,
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T.�ATE;,�une 9.�009
I��a3�CT:Therr�is.und Whiten�rDta�nag�Impr�veme�z�s
I.<E'�TI�G D�TE:J�te 17.2a��.At����1�.(�cal ti�ze)
LQ�ATZO�:Finatic�Q�ee, Giiy H��1,�0� In�'���nd�i��e Street,Gap�Girardeau,N,IC�633Q,1.
OVVl��R:�ity af Cape Girart�au;M�
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SIJB��'�': PLAN S33EET 5
Tlie n�tE `°�isting�4"RGP and�Iar�cl E�����t�n,tcz 1����rttav�d"si�all b�disrt�;ard�i.TI��
e�istit�g�4'�R�P�nd.Flared End��c�ior�s�taa��.remain ii�p1ac�.
Tii�npt�"Existing�=54"CMP to bc,rei�to�ed"s�iall be rnodi�d tt�"��istin�2-54's�:CP tar�S�
r�mcrved".The:e�is�ing pipe is R:CP;�o���P.
SIT�3�`�,C.`�: G�AR.�£iCATILINS
E�ei�ti�,�u�i�zties to be,:relocated by ut�}ity coz�zpanies so as not ta d�a}��Qz�stn�ctiQn activit�s�
Concr.ete,gr�.�+e�a�d otlxer excavat�a mai��ial t�'iat%s not.r�trsei�,shall l�e hauled off a�c�ciispc�s�s�;
by�Yre cor��acfior
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Sheet �/I
CITY OF CAPE GIRARDEAU
THEMIS AND WHITENER DRAINAGE IMPROVEMENTS
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The removal of existing 54" RCP pipes under
Themis Street and replacement with concrete box culverts. Adding
stormwater inlets on Whitener Street. Work shall include but not limited to
removal of existing stormwater piping, box culvert placement, catch basin
installation, pipe laying, and pavement repairs.
THIS BID IS SUBMITI�ED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perForm and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition of
Bid security. This Bid will remain subject to acceptance for ninety(90)days afterthe day of
Bid opening. BIDDER will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following:
Addenda, 1"eC@Ipt Of aII WIIICII IS IlerG'b�/ aCICtIOWIeCIg@C�: �ListAddenda byAddendum Number and Date)
�"1'�C1�v���ttix (v'� �1. �'v�.. I C� `7 r7c�y
(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;
BF-1
(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 surface or subsurFace structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination
set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which BIDDER is entitled to
rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume
responsibility for accuracy or completeness of information and data shown or indicated in
the Bidding Documents with respect to Underground Facilities at or contiguous to the site. -
BIDDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions(surface, subsurface and Underground Facilities)at
or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
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.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
(h) This Bid is genuine and not made in the interest of or on behatf 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
BF-2
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 forthe
following price(s)
UNIT PRICE BASE BID — THEMIS AND WHITENER DRAINAGE IMPROVEMENTS
EST. UNIT TOTAL
NO ITEM UNIT QTY. PRICE EST. PRICE
1. Mobilization LS 1 � QQ � �;(�j0�OU
2. Demolition LS 1 � ,flC $�po
3. 7'x 4'Box Culvert LF 75 � j�',�,?,,�� $7� �. ��
4. 18"RCP(Class III) LF 100 $ �.�p � Q, �
5. 24"RCP(Class III) LF 63 � ' Q(� �_ � �DL��[�
__._�,�_�
6. 8"D.I.P LF 15 ��OQ $ [ .9�ap
7. 10"D.I.P. LF 28 $ [ [ ��C)0 $ �j j�Q�Qf�
8. Sanitary Sewer Manhole EA 1 ��'�,Q(1 � �,-y
Replacement
9 8"Concrete Street Repair SY 90 � (.o,�, �O �_C' t_--)n, ��
�__��_��-,..
10. Stormwater Inlets EA 3 �3,(�Q,pQ � q (�'�_�
�,��«
11. Rip Rap SY 45 $___��� $ � S� C�t�
12. Seeding and Mulching LS 1 �–��� �—�.��c�,
13. Temporary Erosion Control LS 1 � f� ���'�
14. Traffic Control LS 1 � SQQ,(� � s� CyQ
15. Sidewalk Repair SY 25 � � ,�Cl � ��,Q Q
16. Driveway Repair SY 25 �� � �j r C��
17. Asphalt Street Repair SY 90 ���0 � � Q ,OQ
TOTAL BASE BID FOR ALL UNIT PRICES $ � �� , y q f,�-
��} � � � ��
(Written figure)
B F-3
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within Ninetv(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 Twentv (120)
calendar days, after the date when the Contract Times commence to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times specified in the Agreement. �
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check.
(b) Required BIDDER'S Qualification Statement with supporting data.
(c) Any Addenda issued.
7. Communications concerning this Bid shall be addressed to:
Name ��'Z���.�11 �„
Address ��_�0 >��� �,� , �
(a) Performance and Payment Bonding Company
Name ��i� �►R� fi � ��.
Address ��, I�X ���� l..P�,,� ��Pci �,�►� �'S'���]
Agent\Power of Attorney Name (if used) i`��Se.«�.�. ����
Address ��{�.�.Q� C-�,r�d �
B F-4
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�v�, �Z , 20U� .
State Contractor License No. y3 � ���o��
IF BIDDER is:
An Individual
By (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation�
By ��, , �N,, _(SEAL)
(Corporation Na e}
M 155�r��
C� ( te of Incorporation)
By � (�EAL j
(Name of Person Authorized to Sign)
� � � �
(Title)
(Corporate Seal)
Attest • ��
(Se r�ary) �
Business address: ,� � _ �
a� `��n�,�� ,s►�10 (��7c��
BF-5
Phone No.: �� � ��(�— ���
Date of Qualification to do business is �`�,�5
A Joint Venture
BY (SEAL)
(Name)
(Address)
BY (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
BREAKDOWN OF WORK FORCE (Required):
B F-6
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
��� �� �� ���
It is anticipated that the following subcontractors will be employed for work on this project:
SUBCONTRACTORS:
(Name) (Type of Work)
/�'��
B F-7
ANTI-COLLUSION STATEMENT
STATE OF MISSOURI
COUNTY OF�,r�st�; ,�
��� i -\J 1"`�1`�1�L���
being first duly sworn,deposes and
says that he is V 1s� - PR�Scl7t_-^�i i
Title of Person Signing
o f �Rciu�8t�,.�.�`�, �►JCA�T�_ ,1.� .
Name of Bidder
that all statements made and facts set out in the proposal for the above project are true and correct; and that
the bidder (The person, firm, association, or corporation making said bid) has not, either directly or
indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action in restraint
of free competitive bidding in connection with such bid or any contract which may result from its acceptance.
Affiant further certifies that bidder is not financially interested in,or financially affiliated with,any
other bidder for the above project.
By` � � 1"�C���
By
By
Sworn to befare me this ��, day of �l.�I�l� 20 Q�.
� ��• ��Q��f��
Notary Public
My Commission Expires i'�fi':? % O��, ��r�
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RANDAL' �!. R�1;'.E'•�:°�!CI;L�R
Notary , ;.�_ r,.i,,::;ry S�,al
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CU'li_. - .. . . i r�iy
Cor^ n•�::: . :7.:,6
My Comm: ::i, 2013
EXHIBIT
AFFIDAVIT OF WORK AUTHORIZATION
Comes now�r� ���"`�'�� as�s�� ���5�t�� first being duly sworn, on
Name Office held
my oath, affirm �"�{��� �,�ot�P,�i'�QQ. �;t�.. is enrolled and will continue to
�EomparayI�Iar�e-�,..:_s ._ _..,. .
participate in a federal work authorization program in respect to employees that will
�
work
in connection with the contracted services related to:
Themis and Whitener Drainage Improvements
for the duration of the contract, if awarded in accordance with RSMo Chapter 285.530
(2).
�
I also affirm that �'�QL�t�t _ 1e�'�. does not and will not knowingly
Company Name
employ a person who is an unauthorized alien in connection with the contracted
services
related to Drainage Improvements Project- Amblewood, Barberry, and Timber Lane
for the duration of the contract, if awarded.
In Affirmation thereof, the facts stated above are true and correct (The undersigned
understands that false statements made in this filing are subject to the penalties
provided under Section 575.040, RSMo).
� ` ' / ��\� ���VLLi�
Signature(person with authority) Printed Name
. �,c�- Pt������
Title ate
Subscribed and sworn to before me this /d2 of �2t,� 20�. I am
commissioned as a notary public within the County of ���,�' �s c�0�,�h;��
, State of ?�>,S'�1`�r�,g�' and my commission expires on���`ICT�
-..y.��4.v..f�fbnfs;ti
�I� _. � RAIJDALL H. REISENBICHIER
r�lctary Public, Notary Seat
State of Missouri
Cape Girardeau Gounty
' Commission # 09404746
s 91� 4y Commission Expfres May 21, 2013
� ; �'
; �
Signature of Notary Date
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UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909
Cedar Rapids, lowa 52407-3909 319-399-5700
(A Stock Company)
BID BOND
KNOW ALL BY THESE PRESENTS, th8t W2 FRONABARGER CONCRETERS INC
3290 STATE HWY E
OAK RIDGE, MO 63769
as Principal, hereinafter called the Principal, and the UNITED FIRE &CASUALTY COMPANY, a corporation duly
organized under the laws of the State of IOWA, 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, ift th2 SU111 Of Five and 00l100 Percent of the Bid Amount
Dollars ($5°�0 ), for the payment of which sum well and truly to be made,the said principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severaliy, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
THEMIS&WHITENER DRAINAGE IMPROVEMENTS,S8�C P090088
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into 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 material 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 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 party to perform the work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Sianed and sealed this 17th dav of June ,20 09
FRONABARG CONCRETER INC
By i C (Seal)
� (PRINCIPAL)
� ����7'1�'� �
�- p�����-
(WITNESS) (TITLE)
UNITED FIRE & CASUALTY COMPANY _{'Seai)
(SURETY)
By � �- �
(WITNESS) (ATTORNEY-IN-FACT)
Priscilla B. Hunter
CONT 0001 0899
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 17 th day of June ,2009
Personally appeared before me p_riscilla B. Hunter who being duly sworn did
depose and say that he/she is the attorney-in-fact ofthe 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 Corparation by
authority of its Board of Directors and the said pri cri 1 1 a R_ Hi�n r acicnowledged that
he/she executed said instrument as such attorney-in-fact and as the free act and deed of said
Corporation.
,°����������"O NANCY SS,TRAUSER
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Notary Pubiic
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W0003951
UNITED FIRE&CASUALTY COMPANY Bond �
Home Office-Cedar Rapids, lowa
Certified Copy of Power of Attorney OI�IigeeCity,of Cape Girardeau
(Original on file at Home Office of Company-See Certification) 401 Indeper�dence `.` ; ;
Cape Girardeau,MO 63701
KNOW ALL MEN BY THESE PRESENTS,That the Uf�iTED FIRE&CASUALTY CO�VIPANY, a corporation duly organized and
existing under the laws of the State of lowa, and having its principal oftice in Cedar Rapids, State of fo�va, does make, consti-
tute and appoint
' CHARLES W DEGKER,OR SHARON�LAS�O,OR ALAN H RAUSENBERGER,JASON RAUSENBERGER,CARBONDALE,IL,
OR TODD A WARD;OR NANCY STRAUSER,OR PRI'SCILLA'8`HUNTER,ALL INDNIDUALLY
pf,CAPE GIRARDEAU,MO 63701
its true and la�vful Attorney(s1-in-Fact with E�ower and authority hereby conferred to sign, seal�and execuYe in�'�its�behalf'all law-
ful boncls, undertakings and other obligatory instruments of similar nature as follows:ANYAND ALL BONDS
and to bind UNITED FIRE & CASUALTY COti1PANY thereby as fully and to the same extent as if such instruments were signed
by the dufy authorized officers of UNITED FIRE,&CASI#A�TY��QMFA�Y�:ar�d all�the��_aets.,o#said.Attorney, pursuant to the
authority hereby given are hereby ratified and confirrri�d � -
The Authority hereby granted shail expire,Orso�en��Bt��2o0s." �, � 'unlesssooner�revoked.
This power of Attorney is made and executecl pursua�t`to arrd bv autht�rity at the f�ilowing By-Lati�duly adopted by the
Board of Directors of the Company on April 18, 7973.
"Article V—Surety Bonds and Undertakings"
Section 2,Appointmeni of Attorney-n-FacL "The President or anv�5ce president,or any other otficer of the Company,may-.from time to Ume,appoint by
written certificares attorneys-in-fact to act in behal(of the Company in the execution oi policies ot inwrance,(x>nds,undertakings and other obligatory instru-
ments of like nature.The cignature of any ufficer autnorized herebv,and the Corporate seal,may be affixe�by facsimile to any po�ver of attorney or special
power ot attorney or certification of either authorzed hereby;such signature and seal,when so used,being adopted by the Company as the original signa-
ture ot such officer and the origina�seal or the Coinpam�,to be valid and binding upon thv r�mpany with the same torce and effect as though manually
affiaecl.Such attorneys-in-tact,suhject to the limitations set lorth in their respectie-e certificates of authority shall have full po�ver to bind the Compam�by
their si�natu�e and execution ot any such instruments and to attach the seal of the Company therero.The President or anv Vice President,the Board of
Uireciors or any other otficer of the Comaany may at any time revoke all power and authorin�previously given to am attorney-in-fact.
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IN t�ITN�S�V�H�fZEOF�the UNIT�[��iRE&�CASUALTY COMPANY has caused these
��„�����,,,,,� presents fo be signed by i#s vice presic�'ent'arid its corporate seal to be hereto affixed this
`,.��,v�"�AS�`''i'%,,9th day ot June ,2009 .
_�, coaroanrE�3= UNITED fIRE & CASUALTY COMPANY
� - �
� —•— <- By
SEAL
i'�C,�9 ����� �v�w'— '
�������hnn������ _ m V C2 Pf251(�2flt
State or lo`ti�a, County of Linn, �s �
On this9tn clay of.lune � �,zoo9 before me personally came Dennis Richmann to me known, who being by me
duly sworn, did depose and say: that he resides in Cedar Rapids, State of lo�va; 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 cor�oration; that the seal affixed to the said instrument is such corporate'seal;ihat it was so atfixed �ursuani ta au+�ority
given by the Board of Directors of said corporation and that he signed his name thereto pursuant to Iike authority,,and �
acknowledges same to be the act and deed of said corporation.
�� �Q Mary A.Jansen �
� fy lovr2 Notarial Seal
� Commission number 7t3273 NO 'y�Puhli
owa My Commission Expires 10r26.'10 My Commission expires October 26,2010
CERTIFICATlON
i, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY, do hereby cer[ify that I have compared the foregoing
copV of the Power of Attorney and affidavit, and the copy of the Section of the by-la�n�s of said Company as set Forth in said
Po�ver of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcnpts thereof, and ofi the whrole;r�f the said originals, and that the said Power of Attorney has not been revoked and is now
in fu4l force and ef#ect ' -�•
In testimony where�f I haue hereunto subscribed my name and affixed the corporate seal or the said Company
��,..��°�",,,,��
t�ti5 17�fi t�1y Of June" ,2009 . ``��, cy�T}��
`e o%
�wa CORPO[tATE ti� ��
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BPOA0041 102007 ,''���R�n�����```
W0003951
UNiTED FIRE&CASUALTY COMPANY Bond r
Home Office-Cedar Rapids, lo�va
Certified Copy of Povver of Attorney ObligeeCity of Cape Girardeau
(Original on file at Home Office of Company-See Certification) ao� �ndependence '
Cape Girardeau,MO 63701
KNOW ALL MEN BY THESE PRESENTS,That the UhITED FIRE & CASUALTY COMPANY, a corporation duly organized and
existing under the la�vs 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
Ot,CAPE GIRARDEAU,MO 63701 ,
its true and lawful Attorneyisi-in-Fact with po�ver ancJ authority hereby conferred to sign, seal and execute in'its behalf all law-
ful boncls, undertakings and other obligatory instruments of similar nature as follows:ANY AND ALL BONDS
and to bind UMTED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed
b��the duly authorized officers of UNITED FIRE& CASUALTY COMPANY ancJ a41 the acts of said Attorney, nursuant to the
authority hereby given are herehy ratified and confirmed. '
The Authority hereby granted shall expireoctobersih,.2oos' uniess sociner revoked.
This power of Attorney is made and executed pursuant to and bv authority of the follovving By-Law�duly adopted by the
Board of Directors of the Company on April 18, 1973.
"Article V-Surety Bonds and Undertakings"
Section 2,AppoiNment of Anorney-n-fact."The President or any Vice president,or any other ofticer of the Company, may,from time to time,appoint k�y
�a�ritten certificatec attornevs-in-fact to act in hehalf ot the Company in ihc execution oi policies ot inwrance,bonds,undertakings and other obligatory instru-
ments of IikN nature.The signature ot an�-ul'iicer authorized herebv,and the Corporate seal,may be af(ixed by iacsimile to any po�ver ot atrorney ur special
po�ver nt attorney or certification of either authorized hereby;wch si¢nature and seal,�vhen co used,being adopted by the Company as the original sinna-
ture ot such officer and the original seal or the Company,to be valicl and binding upon the company evith the same force and effect zs though inanually
af;ixed.SucF attumeys-in-fact subject to the limitations set foith in their respective certificates oI authority shall have full po�ver to binci the Comparrv by
their si�;nature and execution ot any such instruments and to attach the seal of the Company tnereta The °resident or anv Vice Fresident, the Board of
Directors or any other oriicer of ihe Company may ai any time revokr all po�ver and authority previously given to anv rittomev-in-tact.
IN�NITI�ESS WNfREOF, the UNI�ED FIRE�CASUALTI'COMPANY has caused these
��,,,,��,,,,,� presents to be signed by its vice presidentand its corporate seal to be hereto affixed this
�o`;e�"�ASU9`rr'%, 9th Caay'Of June ,2009 .
' °o; UNITED FIRE � CASUALTY COMPANY
�F CORPORATE ,3c_
Z —•— z_ BY �
%c .. SEAL Q` �
i�iF'�. ca; . ' �/�-w�.�a--
'�.',;,�w���o�;.�`� Vi ce President
State of,lowa, Countv of Linn, ss:
On this9tn day of�une ,2009 before me personally came Dennis Ridimann to me known, who being by me
duly sw�orn, 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 corparation described in and which executed the above instrument; that he knows the seal or
said corporation; that the seai anixed to the said inst�umert is such corporate seal;that it was so�t£ixed Nursuant;o autrority
given by the Board of Directors of said corporation and that he signed his name thereto �ursuant to Iike authority, and
acknowledges same to be the act and deed of said corporation.
�*µi�t Mary A.Jansen C.(/ �r�
��� lowa Notarial Seai
Commission number 713273 NO "��PU���i'
� ow. My Commission Expires 10�26.'10 My Commission expires Odober 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 full force and effect '
In testimony-�,vhereoi I have hereunto subscribed my name and affixed the corporate seal of the said Company
thl$ 17th Cldy O{JUne ' �2009 . ���uu�mu��
� CASU ���
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CORPORA7E ti_
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�� SEAL ``
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BPOA0041 102007 '//,��R�R i iiu���O�`
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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
NOTTCE TO MISSOURT SURETY BOND HOLDERS
Should you have a question about your bond or policy,please contact your insurance agent first.
Tf 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
1-800-343-913d
�
UNITED FIRE 8�CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909
Cedar Rapids, lowa 52407-3909 319-399-5700
(A Stock Company)
Bond Number: 54174088
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, a corporation organized under the laws of the
State of lowa,as Surety, hereinafter called Surety, are held and firmly bound unto,
CITY OF CAPE GIRARDEAU
401 INDEPENCENCE,CAPE GIRARDEAU,MO 63701
as Obligee, hereinafter called Owner, in the amount Of One hundred twenty six thousand four hundred ninety one and 00/100
Doilars($126,491.00 ),for the payment whereof Contractor and Surety bind themselves,their heirs,executors, administrators,
successors and assigns jointly and severally,firmly by these presents.
WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for
THFMIR R\A/NITFNFR f1RAINAC:F I�APR(1\/FMFNTG CR('P(1QQQ$R
in accordance with drawings and specifications prepared by SMITH&CO.
P.O.BOX 72,POPLAR BLUFF,MO 63901
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if jointly of the lowest responsible bidder, arrange for a contract between such
Contractor shall promptly and faithfully perfortn said contract,then this obligation bidder and Owner,and make available as work progresses(even though there
shall be null and void;otherwise it shall remain in full force and effect. should be a default or a succession of defaults under the contract or contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of
The Surety hereby waives notice of any alteration or extension of time made by completion less the balance of the contract price; but not exceeding, including
the Owner. other costs and damages for which the Surety may be liable hereunder, the
amount set forth in the first paragraph hereof. The term"balance of the contract
Whenever Contractor shall be,and declared by Owner to be in default under the price,"as used in this paragraph,shall mean the total amount payable by Owner
Contrad, the Owner having pertormed Ownefs obligations thereunder, the to Contractor under the Contract and any amendments thereto,less the amount
Surety may promptly remedy the default,or shall promptty properly paid by Owner to Contractor.
1)Complete the Contract in accordance with its tertns and conditions,or Any suit under this bond must be instituted before the expiration of two(2)years
from the date on which final payment under the contract falls due.
2)Obtain a bid or bids for completing the Contract in accordance with its terms No right of action shall accrue on this bond to or for the use of any person or
and conditions, and upon detertnination by Surety of the lowest responsible corporation other than the Owner named herein or the heirs, executors,
bidder,or,if the Owner elects,upon determination by the Owner and the Surety administrators or successors of Owner.
Signed and sealed this day of ,20
In the pfeSenCe Of: FRONABARGER CONCRETERS INC
Bv � � ����.�.Pl. (Seal)
. (PRINCIPAL)
�� V 1C.�— �L'�i��'i
(WITNESS) (TITLE)
UNITED FIRE&CASUALTY COMPANY (Seal)
� (SURETY)
S � ��'fl��� By '� �,.�1,�.,�--���o� � 1�1-���"�'�i
(WITNESS) (ATTORNEY-IN-FACT) `
Priscilla B. Hunter '
CONT 0324 01106
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909
Cedar Rapids, lowa 52407-3909 319-399-5700
(A Stock Company)
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
(Here insert the name and address or legal title of the Contractor)
as Principal, hereinafter called Principal, and UNITED FIRE &CASUALTY COMPANY, a corporation organized under the
laws of the State of lowa, as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF CAPE GIRARDEAU
401 INDEPENCENCE,CAPE GIRARDEAU,MO 63701
(Here insert the name and address or legal address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of
One hundred twenty six thousand four hundred ninety one and 00/100 D0112fS ($126,491.00 �
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns,jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated
ellt@f@CI 111t0 8 COf1tf8Ct WItFI OWIl2f fOf THEMIS&WHITENER DRAINAGE IMPROVEMENTS.S&C P090088
(Here insert the name and address or legal title of the Owner)
in accordance with drawings and specifications prepared by SnniTH 8�co.
P.O.BOX 72,POPLAR BLUFF,MO 63901
(Here insert full name,title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION 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 performance of the contract, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who
has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimanYs work or
labor was done or performed, or materials were fumished by such claimant, may sue on this bond for the use of such claimant,
CONT 0324 01106
prosecute the suit to final judgement 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.
3. No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two
of the following: The Principal, the Owner, or the Surety above named, within ninety(90) days after such claimant did or
performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified
mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is
regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the
state in which the aforesaid project is located, save that such service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by
such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in
which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project,
or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, 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 and against this bond.
Signed and sealed this day of ,20
111 th@ pf@S@fiC@ Of: FRONABARGER CONCRETERS INC
By ��� � (Seal)
(PRINCIPAL)
. �'/�'f7'14�'� ,
�1 l� ' ����(�r.1.1'i
(WITNESS) (TITLE)
UNITED FIRE &CASUALTY COMPANY (Seal)
� (SURETY) ,
� �C.�D By � �'L.�,e ,��\o�-- �� ��-�'�-'ti.)
(WITNESS) (ATTORNEY-IN-FACT)
Priscilla B. Hunter - —
CONT 0324 01106
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 13thday of July ,2009
Personally appeared before me Priscilla B. Hunter who being duly sworn did
depose and say that helshe 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.
�,..��,'E����, DORIS L MOORE
•�� ° Notary Public, State of Mlssouri
p1A"`'._ Cape Glrardeau County
� ///�/ /// ���*'�� " My Commisslon#0545�f816t14
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�.4�'�.,;;��Se�;.�' Expires October 18
Notary Public
IJND-20316
• UNITED FIRE&CASUALTY COMPANY B�n� �54174088
Home Office—Cedar Rapids, lowa
Certified Copy of Power of Attorney ObligeeClTY OF CAPE GIRARDEAU
(Origina) on file at Home OffiCe of Company—See Certification) 401 INDEPENCENCE
I ,
KNOW ALL MEN BY THESE PRESENTS,That the Uf�!ITED FIRE & CASUA�TY COMPANY, a corporatio�i duly organized and
existing under the law�s of the State of lowa, and having its principal office in Cedar Rapids, State of lo�va, 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 PR�SCILLA B HUNTER,ALL INDIVIDUALLY
Ot CAPE GIRARDEAU,MO 63701
its truc and lawful Attorney(s)-in-Fact with po�ver and authority hereby conferred to sign, sea) and execute in its behalf all law-
fu) bonds, undertakin�s and other obligatory instruments of similar nature as follows:ANY AND ALL BONDS
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed
by the duly authorized officers of UMTED FIRE &CASUALTY COMPANY ancl all the acts af said Attorney, pursuant to the
authority hereby given are hereby ratified and confinned.
The Authority hereby granted shall expire November�2tr,,zoos unless sooner revoked.
This power af Attorney is made and executed �ursUant to and by authority of the follov��ing By-La�v duly adopted by the
Board of Directors of the Company on?�pril 18, 1973.
"Article V—Surety Bonds and Undertakings"
Section 2,Appointment of Attorney-n-Fact."The Pre�ident or any Vice president,or any other officer of the Company, may,from time to time,appoint hy
�aritten certificates attorneys-in-fact to act in behalf ot the Company in the execution of policies ot in�urance,honds,undertaking�and other obiigatory instru-
ments of like nature.The signaturc oi any utiicer autnorized here�}�.and the Corporate seal,rnav bc affixed by iacsimile to any powe;of attorney or special
po�n�er of attomey or certificafion of either authorized hereby;such signature and seal,when so used,being adopted by�he Companv�as the original signa-
ture of such officer and the original seal ot the Company,ro be valid and binding u�on the com�iam�witL the same torce and effect as though manually
affixed.Such attomeys-in-tact,subiect to the limitations set i'orth in their respective certificates of aufhority shall have full power to bind the Compam by
their signature and execution or any wch instruments and to attach the seal of the Company thereto.The President or anv Vice President, the[3oard of
Directors or any other officer of the Company may at anv time revoke all power and authority previously given to anv attorney-in-fact.
IN\MTNESS WHEREOF, the UNITED FIRE&Cr1SUALTI'COMPANY h1s caused these
��„����,,,,,, presents to be signec! bv its vice president and its corporate seal to be hereto affixed this
````����cnsw�T�c�' 13th d�y' o{ July ,2009 .
=F CORPORATE �= UNITED FIRE&CASUALTY COMPANY
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sen�
%�� .eQ,`� i
���°';,,;;;;°;`,•°'' .�.�,.Y...sVi ce President ��__.__,
State of lowa, G�untv of tinn, ss
On this 13th day of�u�y ,2009 ��efore me personally came Dennis Kichmann to me known, who being by me
duly sworn, did depose and say: that he resides in Cedar Rapids, State of lo�va; 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 seaf of
said corporation; that the seal affixed to the said instrument is such corparate seal; that it was so affixed pursuant to authority
given by the Bc�ard of Directors of said cor�oration and that he signed his name thereta nursuant to like luthority, and
acknowledges same to be the act and deed of said corporation.
���ut r Mary A.Jansen �
xq � lovaa Notarial Sea1
Commissionnumber713273 No yPubli
owA My Commission Expires 1i)l2fi'10 My Commission expires October 26,2010
CERTIFICATI�N
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 aftidavit, and the copy of the Section of the by-la�vs 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 fuil f�rce and effect.
In testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of the said Company
t�li5 14th �d�'pf July ,2009 . `�`�aCASpq��r�/'
_` co'' ���
4� CORPORATE �_
• 9 /�� SEAL K:
���6' S�� SeC� t
BPOA0041 102007 '''���R�iiiin�`���``
UNITED FIRE & CASUALTY COMPANy UIVITED LIFE
INSURANCE COMPANY
118 Second Avenue, S.E.,P.O. Box 739Q9,Cedar Rapids,Iowa 52407
NOTICE TO MISSOURI SURETY BOND$OLDERS
Should you have a question about your bond or policy,please conta.ct your insurance agent first.
If you are unable to contact or obtain information from yow agent,you may contact our company
at
address and phone numher below:
UNl'TED FIRE&CASUALTY COMPANy
ATTENTION: BOND DEPARTMENT
P.O.BOX 73909
CEDAR RAPIDS,TOWA 524U7
1-8U0-343-9130
ACORD CERTIFICATE OF LIABILITY INSURANCE OPID PH DATE�MMIDDIYYYY)
t FRONA-1 07/13/09
�`RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Consolidated Insurance Aqency 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 INSURERSAFFORDINGCOVERAGE NAIC#
INSURED INSURER A: Bitwninous Insurance Company
INSURER B:
Fronabar 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 INSUR4NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR NSR TYPE OF INSURANCE DATE MM/DDM') DATE MM/DDIYY LIMITS
GENERALLIABILITY EACHOCCURRENCE $ ZOOOOOO
A $ COMMERCIALGENERALLIABILITY CLP3261594 02/24/09 �2�24�1� PREMISES(Eaoccurence) $ 10����
CLAIMS MADE a OCCUR MED EXP(Any one person) $ �jQQQ
PERSONAL&ADVINJURY $ ZOOOOOO
e GENERALAGGREGATE $ZOOOOOO
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ZOOOOOO
� POLICY��,X jE� LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ lOOOOOO
A X ANYAUTO � CAP3528234 02/24/09 02/24/10 (Eaaccident)
ALL OWNED AUTOS � BODILY INJURY $
SCHEDULED AUTOS � � (Per person)
� X HIRED AUTOS �
I BODILY INJURY $
�[ NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accldent)
GARAGELIABILITY AUTOONLY-EAACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLALIABILITY EACHOCCURRENCE $ rJOOOOOO
A �[ OCCUR � CLAIMSMADE CUP2583974 02/24/09 �2�24�10 AGGREGATE $ �jQQQQQQ
s
DEDUCTIBLE $
X RETENTION $IOOOO $
WORKERS COMPENSATION AND � WC TATU- TH-
TORY LIMITS ER
A EMPLOYERS'LIABILITY WC3528233 �2�24��9 �2�24�1� E.L.EACHACCIDENT $ ry00��0
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S SOOOOO
If yes,describe untler
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S rjOOOOO
OTHER
A LEASED EQUIPN�NT CLP3261594 02/24/09 02/24/10 $150000 $450000 MAX
PER ITEM
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EICCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CITY OF CAPE GIRARDEAU AND SMITH & CO INC ARE NAMED ADDITIONAL INSUREDS IN
RESPECT TO LIABILITY ARISING FROM THE OPERATION OF THE NAMED INSURED. FOR
PROJECT - THEMIS AND WHITENER DRAINAGE INIPROVENIENTS. INSURANCE IS ON A
PRIMARY AND NON CONTRIBUTORY BASIS. WAIVER OF SUBROGATION GRANTED WHERE
LEGAL BY LAW.
CERTIFICATE HOLDER CANCELLATION
CAPEGIR 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
A O 1 INDEPENDENCE REPRESENTATIVES.
CAPE GIRARDEAU MO 63701 AUTHORIZEDREPRESENTATIVE_�.
�� �
Todd A Ward �/�-
ACORD 25(2001/08) �O ACORD CORPORATION 1988
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 tnsurance 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)
EXHIBIT
AFFIDAVIT OF OSHA TRAINING
COMES NOW (Name)� ' /�' � �1 as (Office Held) �1G� �,2��5��j
of(Company Name/Contractor) �2c��r�,a2[�Eg �,i �_� ..�,r�. and first being duly sworn, on
my oath, affirm in connection with the contracted services related to �6 f �,/h,�� �z�,1i.�G�
(Project Name) for the duration of the contract, as follows:
1. Contractor shall provide a ten (10) hour Occupational Safety and Health
Adinuiistration (OSHA) construction safety program for all employees who will be on-site at the
Project. The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program appxoved by the Missouri Department of Labor and
Industrial Relations which is at least as stringent as an approved OSHA program as required by
Section 292.675, RSMo.
2. ContractoY shall require its on-site employees to complete a construction safety
program within su�ty (60) days after the date woxk on the Project commences, as required by Section
292.675, RSMo.
3. Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site without documentation of the successful complerion of a consttucrion safety
program shall be Yequired to produce such documentation within twenty (20) days, ox will be subject
to Yemoval from the Project.
4. Contractor shall require all of its Subcontractors to comply with the requirements of
Section 292.675, RSMo.
5. Contractor acknowledges that pursuant to Secrion 292.675, RSMo., Contractor shall
forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars
($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar
day, or portion thereof, such on-site employee is employed without the construction safety tYaining
required in Section 292.675, RSMo.
6. Contractor acknowledges that violations of Secrion 292.675, RSMo, and imposirion
of the penalties described therein shall be invesrigated and determined by the Missouri Department
of LaboY and Industrial Relations.
7. Contractor acknowledges that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred
and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and
owing when making payments to Contractor under this Contract.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
.�
� `�a K�(�y� 1).l�fC E7'8?< �nti
(name of corporarion) �
By: 1 .,,,� c .r,�,,�
(na e of officex of corporation and title)
ATTEST:
� ��� �
Secretary(or other officer)
(SEAL OF CORPORATION)
STATE OF MISSOURI �
) ss.
COUNTY OF CAPE GIRARDEAU )
On this �-`�day of .TK�.y , 20� before me appeaYed �JiC��/rI� /'����{�L,���
to m�ersonally known,who, being by me duly swoxn, did say that he/she is the L�C.�/p� /D�il.��-
of hH'm,t�lyl����'.Q ��,�1��'�'�(; a Missouri Corporation, and that the seal affixed to the
foregoing instrument is the seal of said Corporarion, and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directoxs, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missouri, the day and year first above wxitten.
-_L��'' � ^Q�� ? �
����`�7 � / �����
Notary Pub�
s(— RANDAII H, REISENBICHLER
My Cominission Expires: Notary Pubiic, NoTary Seal
State of Missouri
I Cape Girardeau County
�� � �' � � � �� Commission � 09404)46
$, r�y Commisalon Explrec May 21, 2013
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EXHIBIT
AFFIDAVIT REGARDING EXCESSIVE UNEMPLOYMENT
COMES NOW (Name) P ?��� �u'11 i` as (Office Held) �4�� ��?�,�b�'1'
oE(Company Name/Contxactor) ► Z�'�1'��i��,�.,�,-��,� �'c and fixst being duly swoxn, on
my oath, affirm as follows: �
1. Whenever there is a period of excessive unemployment in the State of Missouri, as
defined in Section 290.550, et seq., RSMo, the contractor will comply with all of the pYovisions of
this Statute in xespect to employees that will work in connection with the contracted services related
to (Project Name) �1$;�N1'�ST ��"1r'�V►�,,f �_��.�,�_ for the duration of the contract.
2. I also affirm that (Company Name/Contractor) ��s t��p��„�cZ �,,� c�-t�1��.�
does not and will not knowingly employ a laborer who is not a "Missouri Laborer" or a "Laborer
from a Nonzestrictive State", as those teYms are defined in Section 290.550, et seq., RSMo, except
that other laborers may be used if such required laboxers axe not available, or are incapable of
pexfoxming that particular type of worked involved,if so certified by the contractor and approved by
the City of Cape Guardeau, or unless otherwise pexmitted by that S atute, in connection with the
contracted services related to (PzojectName) �Ji:.nn�5 �r� �.��Ii��.w � �.•;�+- the duration of the
contract.
FURTHER AFFIANT SAITH NOT. -
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
-/' 4--�
��+� � �� `'=�2��L.� ��
(name of corporation) J
By� � .�
(nam of officer of corpoxation and tifle)
ATTEST:
• �/N710�`A�t
Secxetary(or oth officer)
(SEAL OP CORPORATION)
^ e
- r
STATE OF MISSOURI �
) ss.
COUNTY OF CAPE GIRARDEAU )
On this �day of <. , 20�befoYe me appeared {-/�/i/ .� �� Gf t�.i ,
to me personally known,who, being by me duly sworn, did say that he/she is the � /C�' /`��,ti-
of_�iQo,f,�iQ F�,Q,PG�-���if✓ ,p�y- ,�L', a Missouri Corporation, and that the seal affixed to the
foregoing instrument is the seal of said Corporation, and that the said instnunent was signed and
sealed in behalf of said CorpoYation by authority of its Board of Directors, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missouri, the day and year first above written.
r �
���� �����
Notary Public
RANDALL H. REISENBICHLER
NoTory Public, Notary Seal
My Coinn-ussion Expires: State of Missouri
Cape Girordeau County
� - / Commission # 09404746
�d�.� My Commission Expires May 21, 2013