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HomeMy WebLinkAboutRes.2766.06-17-2013BILL NO. 13-88 RESOLUTION NO. Q]97& 60 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ZOELLNER CONSTRUCTION COMPANY, INC., FOR THE BIG BEND SLOPE PROTECTION PROJECT 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 Zoellner Construction Company, Inc., for the Big Bend Slope Protection Project, in the City of Cape Girardeau, Missouri. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS Irl' DAY OF �J�%l�'J 2013. ATTEST: �6" y �. GayleLL. Conrad, City Clerk Harry E. Rediger, Mayor CITY OF CAPE GIRARDEAU BIG BEND SLOPE PROTECTION STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the _day of in the year 2013 by and between the City of Cape Girardeau, Missouri (hereinafte called OWNER) and Zoellner Construction Company. Inc. (hereinafter called CONTRA TOR). 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 project consists of protecting the slope of Sloan Creek, northwest of the bridge along Big Bend Road which includes clearing and grubbing, tree removal, removal of existing storm sewer structures, removal of existing 12" ADS pipe, installation of new 18" ADS pipe, storm sewer inlet modification, grading and placing bedding material, and grading and placing rip -rap. 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 Thirty ( 30 ) 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 Sixty (60) 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 A-1 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 $700.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $700.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1: 4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: Sixty-eight Thousand Four Hundred Sixty-one Dollars and zero cents ($ 68,461.00) 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. 5. 1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments A-2 previously made and less such amounts as ENGINEER shall determine, or OWNER may 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. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. A-3 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-7 inclusive). 8.2 Exhibits to this Agreement (pages BF- 1 to BF- 8 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. A-4 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 BIG BEND SLOPE PROTECTION 8.8 Drawings. 8.9 Addenda numbers 1 to 1 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF- 8 , 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. 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 A-5 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 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 Development Services 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. 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 , 2013 (which is the Effective Date of the Agreement). OWNER Ci!y of Cape Girardeau S L._Q 6nrad, City Clerk PORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. CONTRACTOR Zoellner Construction Companv. Inc. ]±Z�=ey: .Ste,oe Z.oe(n rfS'jt,,t [CORPORATE SEAL] Attest Addres for giving notices 875 Pc9 Soca Per eAl) 10775 License No. r) D ,-� 7 3 7 1 y. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT 'A" CITY OF CAPE GIRARDEAU BIG BEND SLOPE PROTECTION BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The project consists of protectfng the slope of Sloan Creep northwest of the bridge along Big Bend Road which includes clearing and grubbing, tree removal, removal of existing storm sewer structures, removal of existing 12" ADS pipe, insfaffaflon of new 1 S" ADS pipe, storm sewer inlet modification, grading and placing bedding material, and grading and placing rip -rap. and all other appurtenances as specified in the bid documents for the City of Cape Girardeau, Missouri. THIS BiD iS SUBMITTED TCS 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 enterinto 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-Invitaflon to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award 3. in submiffing this Bid, BiDDER represents, as more fully set fortis in the Agreemen4 that (a) BIDDER has examined and carefully studied the Bidding Documents and the following: BF 1 Addenda, receipt of all which is hereby acknowledged: (ustAddenda by Addendum Number and Date) #I - 'D C!>- (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 (a) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings ofphysical conditions in orrelatiag 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 maynot be complete forBiDDER`5 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 responsibilityforhming 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 considerthat any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid forperformance and furnishing of the Workin accordance with the fines, 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 infonnaton 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 time Contract Documents and .the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents BF -2 are generally sufficient to indicate and convey understanding of a# terms and conditions for performing and fumishing the Work for which this Bid is submitted. (h) This Bid is genuine and -not made in the interest of or on behalf of any undisclosed person, -firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation, BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding, and BIDDER has not sought by collusion to obtain foritself any advantage o ver any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the biddermust 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. httpYAvww. uscis.gov/portaUsite/uscis U) 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 (10) hourcourse in construction safety and health approved by the Occupational Safety and Health Administration (aOSHA� or similar program approved by the MissouriDepartment 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 gaining shall have twenty (20) days to produce such documentation. BF -3 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price (s): NO ITEM UNIT PRICEBID UNIT 1. Traffic Control LS 2. General Contract Requirements, LS 1.0 1.0 Mobilization and Demobilization $ cry 3. Tree Removal 9" to IS* Each 4. Tree Removal 30" to 34" Each 5. Grading Ddsting Material for SY 1990:0 Bedding $A3, 790 6. Place 150 Lbs to 300 Lbs Rip- Ton 1.0 Rap $3.3oo00� 7. Remove existing RCP Storm LS 87.D Sewers and Manhole 3 W 00 8. Remove existing 12" ADS Storm LS Sewer 9. Install 18° ADS Storm Sewer IF 10, Sturm Sewer Inlet Modification LS TOTAL BID FOR ALL UNIT PRICES EST. UNIT TOTAL QTY. PRICE so $ 760 EST PRICE s Zz Zko ' 1.0 1.0 $�� $ cry 4.0 $6 OVY $ /g0 �o 2.0 $/,LJ3o $ U%oto 1500.0 $ . 6 8 $ S4� o0 1990:0 $ 01 a • oo $A3, 790 1.0 $3.3e;0°= $3.3oo00� 1.0 00— $ 87.D $ o' 7 °—° 3 W 00 $ tG .� ♦ l �l 4p i f5k� e 00 _ p%j/,rs (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 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. RIM 5. BIDDER agrees that the Worm will be substantially complete within Thirty30 calendar days after the date when the Contract Times commences to run as provided in paragraph i 2.3 of the General Conditions, and completed and ready for final payment in accordance f with paragraph 14.13 of the General Conditions within Safe (60) calendardays afterthe date when the Contract Times commences to run. 1 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) id. (a) Required Bid Security in the form of bid bond or cashiers check (b) Exhibit Affidavit of Work Authorization (c) Exhibit Affidavit of Excessive Unemployment (if applicable) (cg The E -Verify Program for Unemployment Verification Memorandum of Understanding hftpffw m.uscis.Qov/files/nativedocumenLyMOU adf (e) ExhibitAffrdavit of OSHA Training (t) 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 Qualiflcaffon Statement with supporting data. 6. Communications concerning this Bid shaff be addressed to: Name —C-1 (a, h PP (AD Jt,a d e e- jjCJ2, Address Q C 9, 5 h 0 _ -e . r r- v V" ► i 1 f /VI % 7 � (a) Performance and Payment Bonding Company Name Addre AgentiPowerofAttorney Name (ifuses) S U5SQ-r,-'CP a tl,9� BF -5 Address_ _d 0 nrf� z Isfi SFrf4, S L -0 (o 3 (n I 9. Terms used in the Bid which are defined in the General condiffons or Instructions will have the meanings indicated in the General Conditions orInsbucfrons. SUBMITTED on (An 200 - State Contractor License No. d J-31 11'1 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 ZoelI ner ConstraC-*Zon e, (Corporation Name) _S1S Lt. to of Incorporation) By (.Name of Person Authorized to Sign) (Tale) (Corporate S aO Phone No.. 57 3 ' LI 7-- 5 03 0 Date of Qualification to do business is �� q 2- c. A A Joint Venture By (SEAL) (Name) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturermustsign. The mannerof signing foreach individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BF -7 13REAKDOWN 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 "I perform the following items of work directly without employment of subcontractors: iA � ,'�i ?.,a 4br- " �r It is anticipated that the following subcontractors wi11 be employed for work on this project: *SUBCONTRACTORS: (Name of Company) (Type of Work) * All subcontractors shaD be registered with the Missouri Secretary of State in order to work on this project BID BOND BIDDER (Name and Address): Zoellner Construction Co., Inc. 875 PCR500 Perryville, MO 63775 SURETY (Name and Address of Principal Place of Business): Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196-1056, (847)_605-6000 OWNER (Name and Address): City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 BID BID DUE DATE: 6/11/2013 PROJECT (Brief Description Including Location): Big Bend Slope Project BOND PENAL SUM FORM BOND NUMBER: N/A DATE (Not later than Bid due date): 6/11/2013 PENAL .SUM'.. 'rive Percent of the Total Amount Bid 5% (Words) (Figures) IN.WITNE5S'Ct19HEREOF,'8urety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, Iq eac1a cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. 130DER r� SURETY ZoeJlner:Goiis#ruction Co., Inc. (Seal) Fidelity and Fmff nX of Maryland - J '(Seal) Bidder'4y-Narne ani, Corporate Seal Surety's Nam - . ;.alt = By Signature and Title Susan MA. Sttefl 59FKT,77*t-tor'r- ac ch Power c Attest: 7Attest: r V �gnature and Title Carol M. turro, Witnes (Signature and Title) Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. EJCDC No. 1910-28-C (1990 Edition) 1. ` Bidder and Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, success- sors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if - 3.1 f3.1 Owner accepts Bidder's bid and Bidder deliv- ers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Docu- ments, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Docu- ments (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be com- menced only in a court of competent jurisdiction lo- cated in the state in which the Project is located. EJCDC No. 1910-28-C (1990 Edition) 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Taffra S. HOLMAN, Barbara J. LEMM, Susan M. STEFANSKI, Dennis D. FLATNESS, Dennis W. LUTZ and Mark A. LATINI, all of St. Louis, Missouri, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal- and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected.officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said'Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of September, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �+ : { • i ��r3� ia�:Ns SRAL «. a nn u�, o I= Jfja i.: Assistant Secretary Vice President Eric D. Barnes James M. Carroll State of Maryland City of Baltimore On this 7th day of September, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M. CARROLL, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. li 01111111t,0" rrhnust� Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 079-0973C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time.. CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this l lt1bay of June , 20 13 . ,- S 4 O ��7 jY Sj•t1P� �� 8AL ens +' `so± tie a� to OPP Thomas O. McClellen,_YjCe Prgsidbnt KBIT AFFIDAVIT OF WOR%AUTHORIZATION COMES NOW (Name)- Q,t� �Z1G,' as (Office Held) C t PYf -� !J t of (Company Name/Contxadnr) Z fel {L �n t��#"rk 8n a7ad �t being duly sworn, on my oath, affitm as follows: 1. (Company Name/Contractor) Z,y c1 i n CQ M t r U -+t 0 is enrolled and will continue to participate in a federal work authorization prograta sn respect to employees that will Work m connection with the contracted services related to (Pro)ect Name) a42 e e ra ftc'R ws for the duration of the contract in accordance with RSMo Chapter 285.530(2). J 2. I also affirm that (Company Name/Contractor) Zoe Jlntr CoK� f r Ti ar CToeg' not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Project Name) V• Q d I for the duration of the contract 3. Attached hereto is documentation - afffi=ang CoattactDrIs enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. M 1 R R 1_i�%��`lr���� IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this Sling are subject to the penalties provided in Section 575.040, RSMo.) (SEAL OF CORPORATION C. STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GRARDEAU ) an this of .2q3 before me appeared aut • ■/ - • - A • 1 - known,• who, being • y me&uly sworn, • .say■ he/she the Lilt of t) Ax Zfj= �b 4& a. Missouri Cotporaton, and ffiat the si--d 2±Ex-ed to the foregoing ins�ment is the se�l of said Corporation, and fliat the said instrument was signed and scaled in beh2lf of said Cotpomdon by zuthotity of its Board of Directors, and acknowiedged said to be the fi= 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 fitst above written. ten_ ofary Pub try Seal O Ste6e Of M N.y Commission Expires: e Vii 7964 c;ommission ars044 * *5 �, n -Verify- s_�zsA-�aWMW Company ID Number. 209727 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING FOR DESIGNATED AGENTS ARTICLE 1 PURPOSE AND AUTHORITY The parties to this Agreement are the Department of Homeland Security (DHS), and Zoellner Construction Co., Inc. (Designated Agent). The purpose of this Agreement is to set forth terms by which SSA and DHS will provide information to Zoellner Construction Co.. Inc. (Designated Agent) on behalf of the Designated Agent's client (the Employer). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, SSA, the Employer, and the Designated Agent. References to the Employer include the Designated Agent when acting on behalf of 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 govemment contractors, E - Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. The Employer is not a party to this MOU. The E -Verify program requires an initial agreement between DHS and the Designated Agent as part of the enrollment process. After agreeing to the MOU as set forth herein, completing the tutorial, and obtaining access to E -Verify as a Designated Agent, the Designated Agent will be given an opportunity to add a client once logged into E -Verify. All parties, including the Employer, will then be required to sign and submit a new MOU. The responsibilities of the parties remain the same in each MOU. 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 1'04208, 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 terns 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 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer (through the Designated Agent) with available information that will allow 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. c&ens. 2. SSA agrees to provide the Employer and Designated Agent appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Designated Agent with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. Page 1 of 151E -Verify MOU far Designated AgentlRevision Datel OM/08 www.dhs.gov/E-Verify V� a e i �2 .}. i-VMX" is A SENT= Oe M Company ID Number. 209727 Approved by: Page 13 of 15IE Verify MOU for Desigrrabd AgwQRuvislon Date1O12 B www.dhs.gov/E-Veiny 1I: COMES NOW of (Company Name/ContIIt Ir) ZCtI in t,r C0►5f C" Cl ankCD . a'na fsrst being duly sworn, on my oath, affirm in connection with the contracted services related to GYId DCS? vD '{` to (Project Name) for the duration of the contract, as foIlows: _ T 1. Contractor shall provide a ten (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 program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Mssoud 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. Contractor shall require its on-site employees to complete a construction safety program -within sixty (60) days after the date work on the Project commences, as requited by Section 292.675, RSMo. 3. Contractor admowledges and agrees that any of Contrac ues employees found on the Project site without documentation of the successful completion of a construction safety program shall be requited to produce such documentation within twenty (20) days, or will be subject to removal 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 pu tsu2nt to Section 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 training required in Section 292.675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition of the penalties described therein shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 7. Contractor admowledges 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 t FUR-THF2, AFFIANT S.AITH NOT. IN AFFIRMATION THEREOFY the facts stated above are true and correct (the Tmfiersigned u,•r._ ftni that fi&e statements .._ • - in this filing am subject to tpenalties prorvided in Section 575.040, RSMo.) he (BRAT '-OF CORPORATION} STATE OF MISSOURI COLT=OF 1. . D. On this ALdayof SU-ne- 20.13beforemeappeared4p �Vnqr ... ..... i ` ...... ■ isms ...... .• ... .. .... , the � •• /_ �,� 10,11"ifir-TARAW "J".11 nd u • ..■ • • Is miss 0.11 ., " r . . . .. r. ■ • • _n . on. tells M640 IN TBSI'INIONY W=REOF, I have hemunto set mp hand and affized my official seat, at my office in Cape Crizardm , Missouri, .the dap an year t above mzitt:eo.. Pub My Commission Fxpims: Lary UMX sWUL !�° staie�of AAS SBe► "- ., MY CITYOfCAPE G 1 R A R D E A U 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 voluntarily 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, malting 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 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. r Typed Name & Title of Airlhorized Representative / Si o Representative Date 11 I am unable to certify to the above statement. My explanation is attached.