HomeMy WebLinkAboutRes.2758.05-20-2013BILL NO. 13-68
RESOLUTION NO. (29-75
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH ASA ASPHALT, INC.,
FOR THE 2013 ASPHALT OVERLAY PROGRAM, IN THE
CITY OF CAPE GIRARDEAU, 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 a Contract with ASA Asphalt, Inc., for the 2013 Asphalt
Overlay Program, in the City of Cape Girardeau, Missouri. A
copy of said Contract is attached to this Resolution and made a
part hereof. The Agreement shall be in substanti-ally the form
attached hereto as Exhibit A, which document is hereby approved
by the City Council, with such changes therein as shall be
approved by the officers of the City executing the same.
PASSED AND ADOPTED THIS DAY OF 1 2013.
Harry E. Red ger, Mayor
CITY OF CAPE GIRARDEAU
2013 ASPHALT OVERLAY PROGRAM
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 4P m day of 1u1A.1E in the year
2013 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and ASA Asphalt 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 locations for the work to be performed under these Contract Documents areDunklin
Street from West End Boulevard to N. Henderson Avenue; East Cape Rock Drive from Vincent
Avenue to the Intake Station; N. Benton Street from Themis Street to Independence Street; S.
Benton Street from William Street to Jefferson Avenue;N. Fountain Street from North Street to
Bellevue Street;Themis Street from N. Hanover Street to N. Pacific Street;Alley between Ellis and
Sprigg from North to Bellevue; Alley between Pacific and Ellis from North Street to Bellevue; the •
Parking Lot at 632 Broadway,currently the Last Call;the Parking Lot at 710 Broadway,currently
the Broadway Prescription Shop;the Parking Lot at 538 Independence,currently the River Heritage
Museum; and a portion of the Parking Lot at 100 Broadway, formerly the CVB Building.
The improvements consist of resurfacing the existing pavement by milling approximately 2
inches off the existing pavement and placing and compacting 2 inches of new hot mix asphalt on the
above mentioned streets;removal and replacement of portions of sidewalk,curb,gutter,alleys,and
driveways; adjustments to existing manholes, inlets, and utility castings; as well as re-striping for
streets that have existing striping as noted for each location, all as described in the contract
documents. The work on Dunklin Street is to be performed during the period of time between
Southeast Missouri State University's summer recess and the beginning of the fall semester. The
streets are located in various areas within the City of Cape Girardeau, Missouri.
The parking lot improvements included in this project consist of clearing, grubbing, grading
and adding base rock where needed; asphalt paving the lots; removal and replacement of portions
of sidewalk,curb,gutter,alleys,and driveways;installation of public parking, handicapped parking,
van accessible signage, and stall striping.
Article 2. ENGINEER.
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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 One Hundred Twenty(120) calendar
days after the date when the Contract Times commence to run as provided in paragraph
2.3 of the General Conditions, and completed and ready for final payment in accordance
with paragraph 14.13 of the General Conditions within One Hundred Fifty (150) days
after the date when the Contract Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty)CONTRACTOR shall pay OWNER One thousand one hundred dollars($1,100.00)
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 One thousand
two hundred fifty dollars ($1,250.00) for each day that expires after the time specified in
paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: Nine Hundred Seventy-three Thousand Five Hundred
Thirteen Dollars and Ninety-nine Cents ($ 973,513.99)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
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ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments;Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case,
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price(with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
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Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
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. 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.
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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 8 inclusive).
8.2 Exhibits to this Agreement (pages BF- 1 to BF- 9 , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of
pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC-1 to SC-5 , inclusive).
8.7 Specifications bearing the title 2013 Asphalt Overlay Program .
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 9 , inclusive) marked exhibit "A" .
8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and
participation in a federal work authorization program with respect to the employees
proposed to work in connection with the services requested herein by 1) submitting a
completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing
documentation affirming the bidder's enrollment and participation in a federal work
authorization program with respect to the employees proposed to work in connection with
the services requested herein.
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8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages_to
, inclusive).
8.13 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions. .
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or
subcontractors doing work on this project to provide, and require its on-site employees to
complete, a ten (10) hour course in construction safety and health approved by the
Occupational Safety and Health Administration ("OSHA") or similar program approved by
the Missouri Department of Labor and Industrial Relations which is at least as stringent as
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an approved OSHA program. The training must be completed within sixty(60)days of the
date work on the project commences. On-site employees found on the worksite without
documentation of the required training shall have twenty (20) days to produce such
documentation.
9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's
Office weekly certified payrolls from the General Contractor and all Subcontractors during
the course of the project. These must be provided on a weekly basis; if no work was done,
then a payroll stating "No Work Done" must be submitted.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf. /
This Agreement will be effective onu. iJ , 2013 (which is the
Effective Date of the Agreement).
• OWNER City of Cape Girardeau CONTRACTOR
Scott Me erana.er ASA Asphalt, Inc.
B .
Fv._._- _'__,-, ��i�-_ By: -f
[CORPO .EAL] [CORPO
' ' E SEAL]
Attest w� r` (",( ,c0.d Attest e2h 0-0 L., eus*
Gayle LI. Conrad, City Clerk Breeke f)ucKetf'', Secrebcr y
Address for giving notices Address for giving notices
401 Independence Street P o Q a x /S9
Cape Girardeau, MO 63703 Ad va nee, Alto 6 7 7.76
(If OWNER is a public body, attach License No. a G g (19
evidence of authority to sign and
r,, other documents Agent for service of process:
uthon , execution of Agreement.
s1= �fS (If CONTRACTOR is corporation,
r attach evidence of authority to sign.)
,,-sem', ,.._�� t::t;
l:Ca+a a ,,,,t/� ,
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EXHIBIT "A"
CITY OF CAPE GIRARDEAU
2013 ASPHALT OVERLAY PROGRAM
• BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The locations forthe work to be performed under
these Contract Documents are Dunklin Street from West End Boulevard to N. Henderson
Avenue; East Cape Rock Drive from Vincent Avenue to the Intake Station; N. Benton
Street from Themis Street to Independence Street;S. Benton Street from William Street to
Jefferson Avenue;N. Fountain Street from North Street to Bellevue Street; Themis Street
from N. Hanover Street to N. Pacific Street;Alley between Ellis and Sprigg from North to
Bellevue;Alley between Pacific and Ellis from North Street to Bellevue;the Parking Lot at
632 Broadway, currently the Last Call; the Parking Lot at 710 Broadway, currently the
Broadway Prescription Shop; the Parking Lot at 538 Independence, currently the River
Heritage Museum; and a portion of the Parking Lot at 100 Broadway, formerly the CVB
Building.
The improvements consist of resurfacing the existing pavement by milling
approximately 2 inches off the existing pavement and placing and compacting 2 inches of
new hot mix asphalt on the above mentioned streets;removal and replacement of portions
of sidewalk, curb, gutter, alleys, and driveways; adjustments to existing manholes, inlets,
and utility castings;as well as re-striping for streets that have existing striping as noted for
each location, all as described in the contract documents. The*ork on Dunklin Street is to
be performed during the period of time between Southeast Missouri State University's
summer recess and the beginning of the fall semester. The streets are located in various
areas within the City of Cape Girardeau, Missouri.
The parking lot improvements included in this project consist of clearing,grubbing,
grading and adding base rock where needed; asphalt paving the lots; removal and
replacement of portions of sidewalk, curb, gutter, alleys, and driveways; installation of
public parking, handicapped parking, van accessible signage, and stall striping.
THIS BID IS SUBMITTED TO CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GiRARDE4U, 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 sixty days after the day of Bid
BF-1
opening. BIDDER will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following:
•
Addenda, receipt of all which is hereby acknowledged:
,List Addenda by Addendum Number and Date)
(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
(ci) 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. 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.
BF-2
•
N 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.
Any questions, comments, or concerns regarding the design of this project should be
addressed to Jake Garrard, E.L. City of Cape Girardeau at 573-339-6327.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation;BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
(1) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in '
a federal work authorization program with respect to the employees proposed to work in
connection with the services requested herein by
• submitting a completed, notarized copy of AFFIDAVIT OF WORK
AUTHORIZATION and
• providing documentation affirming the bidder's enrollment and participation in a
federal work authorization program with respect to the employees proposed to work
• in connection with the services requested herein.
• httplIwww.uscis.gov/portalisite/uscis
U7 Bidders are informed that the Project is subject to the requirements of Section
• 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the
Project to provide, and require its on-site employees to complete, a ten(t 0)hour course in
construction safety and health approved by the Occupational Safety and Health
Administration("OSHA')or similar program approved by the Missouri Department of Labor
and Industrial Relations which is at least as stringent as an approved OSHA program. The
training must be completed within sixty (60) days of the date work on the Project
commences. On-site employees found on the worksite without documentation of the
required training shall have twenty(20) days to produce such documentation.
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• May. 10. 2013 2:22PM City Developement No. 1504 P. 5/8
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
UNIT PRICE BID
NO ITEM UNIT Q N� UNIT PRICE TOTP BEST.
. 1 LS 1 $a f 0t).0 0 Sg foOQQoGribbin .
2Excavalkm and LS 1 $70a2 oa S,7 coat)o
Gracfing 3 . ' Pavernent Removal SY - 2754 $ 4. 60 $ 13,x1 taxi
4 P;ver»ent Mdfmg SY 15052 $ IN 15 $ o
5 . Butander SY 182 $ 7wog .ob $ 12711.ot7
B . Type 5 Aggregate . Ton 988 $ (23.00 $ aa)7ao.Oo
7 Pclifiki AsPhait . Gal 3773 $ 3.30 $1e;)4550.40
8 -m eP Ton 4193 $ 74.80 $313,L 31.40
9 r4AThick� le Ton 841 $ 71.R0 $ �oo12) �io b• .8o
•
Asphatfac Corte
10 (8'Thick BP-2) ion 331 $ 74. $a4)7J�$.
11 •Carte Pah SY 529 $ 53.90 $x$,513.10Remove
12 wand LF 5203 $an.a $ )08 539.58 •
Gutter
• Upright-Curb'Nib
13 Reber(Various iF - i89 $ 35.79 $ 474431
`Heights)
14 Remove and
SY 554 $ 54. (07 s3o,a87. tg •
Driveways
Remove and
15 Replace PGC SY 4113 $ 41-31 $
Sidewalks
Single Curb Ramp 77
18 eh Truncated tech 45 $ 8310.R4 $3142_51S0
Domes
Double Curb Ramp .
17 Truncated Each 4 $ 9)5.'19 $4.‘163.do
. Domes
18 Must Manhole Each 27 $a QO.0.0 S,51160,00
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May. 10, 2013 2:22PM City Developement No, 1504 P. 6/8
19 Myst Inlet Each 7 $357 96 $ 505.30-
20 end Each 1 $_3lZ 5.163 - $3 A502 ,3 •
Replace Inlet •
21 Adjust Valve Box Each 17 $ 75.00 $ I/275.a6
• 22fir, a LF 7500 $ .4 0 II. $ 31)00.00
a
23 Stall Striping Each 97 $ 5.oo $ q 5 00Whl
Handicapped Slaw
24 Strip' mgg-4'Blue Each 5 $ 30.00 $ J50.oo
Vfaterbome
25 f6> Each 76 $ %-/ ot, $5 0
26 Directional Arrows Each 3 $ 50.oo $ )SO.oo
Tram Signage-
27 Handicapped Each 4 $ c &. OO _ $ 860.00
Parking(R7-8)
Traffic Signage-
28 Van Accessible Each 3 $ A00.o0 $ 400.00
O7-84
instal Owner
. 29 Provided Public Each 4 $ Igloo • $ lOO.00
Parking Sigma '
•
30 Each 2 $ 00.15es $44(loo
31 Stump Removal Each 6 $ 200.06 $P00:06
Tem32 F' Ls 1 $ 40).00 $80116
33
Temporary Erosion LS 1 $ 1Contra! ,5OQ.oo - $ISO°.bb ••
•
TOTAL BID FOR ALL UNIT PRICES $ 973, 213. ' 9
c a un d re.( St✓ert - /4 rtcItaa. S• _ o n ir" e e 4no(
(Written figure)
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the •
amount shown in words will govern. In case of error in extension, the unit and lump sum •
prices under each Pay Item will be considered correct and these sums when property
extended, shall constitute the Bid)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BF-5
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 One Hundred
Twenty(120)calendar days after the date when the Contract Times commences to run as
provided in paragraph 2.3 of the General Conditions, and completed and ready for final
payment in accordance with paragraph 14.13 of the General Conditions within One
Hundred Fifty(150)calendar days after the date when the Contract Times commences to
run.
BIDDER accepts the pm visions 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) Acknowledgement of any addenda issued.
(c) Exhibit Affidavit of Work Authorization
(d) Exhibit Affidavit of Excessive Unemployment(if applicable)
(e) The E-Verify Program for Unemployment Verification Memorandum of
Understanding httplIwww.uscis.00vIfilesinativedocuments/MOU.pdf
(0 Exhibit Affidavit of OSHA Training • 1
(g) Certification Regarding Debarment, Suspension and Other Responsibility Matters
7. Bidder agrees to submit the following documents within three (3) business days after
the opening of Bids if requested:
(a) BIDDER'S Qualification Statement with supporting data. •
8. Communications concerning this Bid shall be addressed to:
Name R osier • Pori-Are.c.r - 45,4 A-s-/A /711, I hr.
Address P a ROK lS9 AdValice, MO 6)73
(a) Performance and Payment Bonding Company
Name. U ticoi e
BF-6
Address P t Bo% 739'09 ee1ar �a��ies . ,q
AgentlPower of Attorney Name (if used) 7;d 4 1Ja rat
Address Po pox Gas eTe (JrardeLc , 41 ° 127..2
9. 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 /Clay /5 , 20 /?.
State Contractor License No.
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 °` _ r,;;r;-;�,.;
By ASA AspIta1/ zn (SEA )-
(Corporation Name) ':`` ,. __
MI s-sokr-; ; , •
R.fcr ss (N- Oe of Person Authorized to Sign) • •
BF-7
Pres enf
(Title)
(Corporate Sea° .
Attest hy,0-0L fu_JsuA
Q rooKe• PkcKetf
(Secretary)
Business address: f b Q ox 1s-9
• Advance, /Lto C373o
Phone No.: S73- 7.?.- _ 2/1/
Date of Qualification to do business is /9 7 9
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.)
i
BF--8
BREAKDOWN OF WORK FORCE (Required):
. The Contractor shall be registered with the Missouri Secretary of State in order to work on
this project.
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
I 2, 3, s: C , 7 I, / /63 //: 19, z o, J, 2ff, 25, 715, 3/,
72, 3 3
It is anticipated that the following subcontractors will be employed for work on this project
*SUBCONTRACTORS:
(Name of Company) (Type of Work)
9 1/ /2, 12 , IF, le , /7, 22 , 73, 271, -2r, 2 4, 27
4 '!x Pa yin., /11,//, •
PI,
a rip e• (emery 71 Fin i:rii;/.9 - c -le.
Diej,„lj f
LD( Sep.Pke .Vir-v9; rij
*AIlsubnctors shall be registered with the Missouri Secretary of State in orderto work
on this project.
•
BF-9
•
101
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909
Cedar Rapids, Iowa 52407-3909 319-399-5700
(A Stock Company)
BID BOND
KNOW ALL BY THESE PRESENTS, that we
ASA ASPHALT INC
HWY 25 S,ADVANCE,MO 63730
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
PO BOX 617,CAPE GIRARDEAU,MO 63702
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 principal 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
2013 ASPHALT OVERLAY PROGRAM
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.
Signed and sealed this 8th day of May ,20 13 . •
ASA ASPHALT INC
. •
✓~ _ ,,� •�
By
cc (PRI CIPAL)
bA00k.c. P� �������^ � �''`•%,:
(WITNESS) (TITLE) " '' -_
UNITED FIRE &CASUALTY COMPAik:snt'Sj . .-
(SURETY) �•�� •• '�
A
LIA
(., p t,.a.�.co,cA By Q.l id r: -.r'' 5`" .
t:
(WITNESS) (ATTORNEY-IN-FACT) r = A
•
CONT 0001 0899
- BID BOND-00013841
UNITED FIRE&CASUALTY COMPANY Bond #
Home Office-Cedar Rapids, Iowa CITY OF CAPE GIRARDEAU •
-
Certified Copy of Power of Attorney Obligee . . . . _ . - . .
(Original on file at Home Office of Company-See Certification) PO BOX 617
CAPE GIRARDEAU,MO 63702
KNOW ALL MEN BY THESE PRESENTS,That the UNITED FIRE& CASUALTY COMPANY,a corporation duly organized and
existing under the laws of the State of Iowa,, and having its principal office in Cedar Rapids, State of Iowa,does make, consti-
tute and appoint
CHARLES W DECKER,OR ALAN H RAUSENBERGER,OR BEULAH M.YOUNG,OR JASON A.RAUSENBERGER,OF CARBONDALE,IL;OR TODD A.
WARD,OR NANCY STRAUSER,OR PRISCIUA B.HUN i EH, ALL INDIVIDUALLY
of 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: $10,000,000.00
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.actsof said Attorney, pursuant to the
authority hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire September 6th,2013 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,Amointment of Attorney-n-Fact The President or any Vice president,or any other officer of the Company, may,from time to time,appoint by
written certificates attorneys-in-fact to act in behalf of the Company In the execution of policies of insurance,bonds,undertakings and other obligatory instru-
ments of like nature.The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special
power of attorney or certification of either authorized hereby;suchsignatureand seal,when so used,being adopted by the Company as theinal signa-
ture of such officer and the original seal of the Company to be valid and bioriginal
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 any such instruments and to attach the seal of the Company thereto.The President or any Vice President,the Board of
Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact.
IN WITNESS WHEREOF,the-UNITED FiRE&,CASUALTY COMPANY has caused these
oomrrr presehts to be Signed by its vice president and its corporate seal to be hereto affixed this
w,,
�,e�ss �4>,,�� 8th day of May ,2013 .
3 mttrotufs TS
UNITED FiRE&CASUALTY COMPANY
By
z.p.L.,
��'%%
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 8th day of May , 20 13 .
Personally appeared before me Todd A Ward who being duly sworn did depose and say that he/she
is the attorney-in-fact of the United Fire&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 Todd A Ward ,
acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation.
t
NANCY STRAUSER
Notary Public, Notary Seal
State of Missouri
Cape Girardeau County
Cmsionul62 �1 11 1k4-IC
My Commission Expires Jy 2 . 015r.
Notary Public
UND-2031b
UNITED FIRE et CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY
11$SECOND AVENUE, S.E., P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407
NOTICE TO MISSOURI SURETY BOND HOLDERS
•
Should you have a questions 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
•
EDIT
AFFIDAVIT OF WORK AUTHORIZATION
COMES NOW(Name) Roger 197>'rest as pace Pr e s,al e..f
of(Company-Name/Contractor) A s'A .Asp 4/7, Zit e. and fret being duly sworn, on
my oath,affirm as follows:
1. (Company Name/Contactor) A5/1 )74 /71, 2
is enrolled and well continue to participate in a federal work authorization program in respect to
employees that will work in connection with the contracted services related to(Project Name)
.2 D/3 Asp A4/71/f O y e r ie y ,pojr.els7 for the duration of the contract in accordance with RSMo
Chapter 285530(2).
2. I also a$ttm that(Company Name/Contractor) A 5f9 As/01„r//, f'e. does
not and will not knowingly employ a person who is an unauthorized alien in connection with the
contract services related to (Project Name) .2 o%) Asc/iee// /)/n r/Ay Pr c�re m for
duration ration of the contract / - -
3. Attnrhffl hereto is docnrn ,tatinaaffrrrning Contractor's enrollment and
participation in a federal work anthrniryation program with respect to the employees working in
connection with the contracted services.
FURTHER AFFIANT SAITH NOT. •
IN AFFIRMATION THEREOF, the facts stated above ate true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040,RSMo.)
AS'A Asp) / Tac.
(mune of corporation)•
By:
(name of officer of••.•• ••• and tiiie)
1?ofer P&y ,re-r PPesideni
ATTEST:
Seaetrry(or other officer)
Brooke PucKe. �°��ef��+ a,'y
(SEAL OF CO Z'1' TNS. �,� ,;i
1
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU
On ti-ric 1.54`day of 2011 before me appeared f o r 1)0,1 .13-
to rue personally known,who,beini by me duly bWOra,did say thaCgishe is the s;J .-t
of a Nfissouti Corporation, and t-Imt the seal 2-fThre'l1 to the
• foregoing instrument is the seA of said Corporation, and tliqr the said instrument was signed and
sealed in behalf of said Corporation by authority of ifs Board of Directors, and a Arnowledged said
instrument to be the free act and deed of said Corporatice.
IN TESTIMONY WHEREOF,I have hereunto set my hand and 64Erred my-ofRrial,seal,at
my office in Cape Gitardeau,Missouri,the day and year first above w.Lithat.
11)11`6, BRoOKEPUCKEIT 6)-k 44, ?u_o17- 75t
Ccortissice Expires
= Notary Public .
• E Fetxuary 24,2017
Scott County
• Cc:emission#13666747
My Commission Expires:
• •tiloput...k_ti 1-.0
•,"
4
fc-vm ry .C1,v1rt 41" Pa.
Company ID Number: 187699
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM 0.F UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the.
Department of Homeland Security (DHS) and ASA Asphalt, Inc. (Employer) regarding the
Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU
explains certain features of the E-Verify program and enumerates specific responsibilities of
OHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-
Verify is used to verify the employment eligibility of all newly hired employees and all existing
employees assigned to Federal contracts.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE H
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed.
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
Page 1 of 131E-Verify MOU for EmployerlRevision Dale 10/29/08 www If Vi•ritv
+VS , •. Itl:
M;
X, .r4J/111V
- Z Vr.AITN I, SgRVICC 91' OW.
Company ID Number: 187699
To be accepted as a participant in E-Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E-Verify at 888-464-4218.
Employer ASA Asphalt, Inc.
Roger Poythress
Name Please Type or Print) Title
Electronically Signed 02/05/2009
Signature Date
Department of Homeland Security—Verification Division
USCIS Verification Division
Name(Please Type or Print) Title
Electronically Signed 02/05/2009
Signature Date
•
Page 11 of 131E-Verify MOU for EmployerlRevision Date 10/29/08 WWW c1hq 9ov/1-
;E-Verify
Company ID Number /17 4q
Information Required for the E-Verify Program
.Information relating to your Company: •
Company Name: 45-11A /i 1 h c.
Company Facility Address: 40e) -5- 4111 Z)r,ve
Advance, /Ll o G .77.?i
• Company Alternate
Address: P Qo)e /S9
/Idvance ma _4J7Jo
County or Parish: S i-,d d a rd •
Employer Identification
Number. 11 CC. o 04
North American industry
Classification Systems
Code: 2 3 P
Parent Company:
Number of Employees: a 0 - 9 9
Number of Sites Verified
for. /
Are you verifying for more than 7 site?If yes,please provide the number of sites verified for in
each State:
State Number of sites Site(s)
•
Pag.11 of 121E-Verify MOU for Empioyei jRevision Date 11:1/29011 www.dhs.gov/E-Verify
Verify
iaipq>Mrq
Company ID Number: /P 7 G 9 9
Information relating to the Program Administrators)for your Company on policy
questions or operational problems:
N""a Royer PO l�Tlr rets
Telephone Number: S-77 - 7� .2 - .7111 •
Fax Number. , $ 7 3- 7. - 3 t
Address: a sa et sioA t € sd c,/obeli- n e f
Nam.
Telephone Number:
Fax Number:
E-mail AddresE .
Page 12 of 121E-Vary MOU for Employerpevision Date 10/29 tll INIF.w.dhs.gov/E-Vertfy
•
EI'!'
AFFIDAVIT OF OSHA TRAINING
COMES NOW(Name) k' yes Poy 4 secs as(Office Held) Pr e s,dei t
of(Company Name/Coed AIX f19#A 4/71. j , and fust being duly sworn, on
my oath,affirm in cormect+on with the contracted services relatad.to -?on A r j 4 411 a ver/t.rr
Pr o9 ra wt (PmjectName)for the rinration of the contract,as follows:
1. Contractor shall provide a tea (10) hour Occupational. Safety and Health
Administration (OSHA) construction safety program for all employees who will be on-site at the
Project The construction safety ptogt2m shall inrinrie a course in construction safety and health
that is approved by OSHA or a sirnila*program approved by the Missouri Department of Labor and
Indnstt ial Relations Which is at least as stringent as an approved OSHA program as requited by
Section 292.675,RSMo.
2. Contractor shall lutuiie its on-site employees to complete a constmction safety
proms within�(60) days ate*the Ants work on the Project emacs,as required by Section
292675,RSMo.
3. Contractor arlmowle dges and agrees that any of Contractor's employees found on
the Project site without documentation of the successful completion of a construction safety
program shall be required to produce such docurnrntatirm within twenty(20)days,or will be subject
to removal from the Project
4. Contractor shall require all of its Subcontract=to comply with the requirements of
Section 292675,RSMo. •
5. Contractor acknowledges that pursuant to Section 292.675,RSMo., Contract=shall
Larva to City as a penalty two thou.Ganra five hundred.dollars ($2,500.000),phis one hundred dollars
($100.00) for each on-•sine employee employed by Contractor or its Subcontractor,for each ealrndgt
day, or portion tlreteog such on-site employee is employed without the construction safety training
required in Section 292675,RSMo.
6. Contract=acknowledges brat violations of Sed-inn 292675, RSMo, and imposition
of the penalties de abed therein drain be investigated and rlrtri mined by the Missouri Department
of Labor and Inclustrisl Mations.ns. •
7. Contractor acknowledges that in the event that the Missouri Departinent of T.al,or
and Industrial.Relations has determined that a violation of Section 292675, RSMo., has occurred •
goa
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•
CITY OCAPE
GIRARDEAU
Certification Regarding
Debarment, Suspension and Other Responsibility Matters
' The contractor hereby certifies to the best of its knowledge and belief and that it and its principals
and its subcontractors and their principals:
(a) Are not presently debarred, suspended,proposed for debarment,declared ineligible or
vohmtarily excluded from covered transactions by any Federal or State department or agency; •
(b) Have not within a three(3)year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public(Federal,State or
Local)transaction or contract under a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of
records,making false statements or receiving stolen property;'
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity(Federal, State or Local)with commission on of any of the offenses enumerated in
paragraph(1)(b)of this certification; and
(d) Have not within a three-year period preceding this subcontract had one or more public
transactions(Federal, State or Local)terminated for cause or default
I understand that a false statement on this certification may be grounds for rejection of this
contractor or termination of the contract. In addition,under 18 USC Sec.1001,a false
statement may result in a fine of up to$10,000 or imprisonment for up to five(5)years or
both.
Roy,- P‘y-Hi -ers, Prer;dew'
Typed Name&Title of Autho 7 Representative
5- /S- /3
Signature of Autho ' 'epresenlative Date
0 I am unable to certify to the above statement My explanation is attached.