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HomeMy WebLinkAboutRES.1918.09-15-2003 BILL N0. 03-164 RESOLUTION NO. �C�y''� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LAPPE CEMENT FINISHING, INC. , FOR SILVER SPRINGS ROAD PHASE IV PAVEMENT CONSTRUCTION FROM SOUTH OF SHAWNEE PARKWAY TO SOUTH MT. AUBURN ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with Lappe Cement Finishing, Inc . , for Silver Springs Road Phase IV pavement construction from south of Shawnee Parkway to South Mt . Auburn Road, in the City of Cape Girardeau. A copy of said Contract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THI S ��;tYl DAY OF � ti,��p , 2 0 �'J . l ay B . Knudtson, Mayor � __.. ATTEST: f�G��'°�� Qt� p4 ��� � �''' , �� �`� {� ; ` r' �' � �x 'i � ; ;� �t � �' � {`z� V ;.�,'� � << , � Gayle � L. Conrad, City Clerk � �,lg %��?i� � O�.l �!•�f ,�'�: ��.,� ,, � �,�.� ...,, ' . .a� . CITY OF CAPE GIRARDEAU Siiver Springs Road Phase IV New Pavement Construction from South of Shawnee Parkway to South Mt. Auburn Road STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the Isr day ofQ�?-dB�R in the year 20� by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Lappe Cement Finishing, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be perFormed under these Contract Documents shall consist of Furnish and installation of all requirements according to the improvement plans titled "Improvement Plans for Silver Springs Road Phase IV, New Pavement Construction from South of Shawnee Parkway to South Mt. Auburn Road, in the City of Cape Girardeau, Missouri", and also as described herein: Removal of existing improvements, place and grade earthwork to bring the project to the proposed final grade, install storm sewer improvements, install new concrete pavement for street surfacing, drives, and sidewalks, provide complete erosion control measures, preparation of final grades and surfaces, and all other improvements as required for construction in accordance with the improvement plans, located along Silver Springs Road from Shawnee Parkway to Mt. Auburn Road, and all other related improvements indicated on the plans ... for the City of Cape Girardeau, Missouri. 00505:A-1 Article 2. ENGINEER. The Project has been designed by Koehler Engineering & Land Surveying, Inc. The construction is being administered by the City Engineer of the City of Cape Girardeau, Missouri. For the purposes of this agreement and this project, The City Engineer of the City of Cape Girardeau, Missouri, or his designated representative, who is hereinafter called ENGINEER and who 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. SCHEDULE 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 all Phases of the Work shall be competed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within One Hundred Seventy-five ( 175 ) 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 Two Hundred Fifty Dollars ( $ 250.00 ) for each day that expires after the time specified in paragraph 3.1 for the 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 Two Hundred Fifty Dollars $ 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 paragraph 4.1 below: 00505:A-2 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: Three hundred eighty-three thousand, eight hundred twenty-three dollars and seventy-three cents ------------------------------- ($ 383,823.73 ) 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 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°/a 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 00505:A-3 I 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. WTEREST. 6.1 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. 6.2 Contractor's Request for Payment shall be made no later than the 20`h of each month, in order to be considered for payment in the following month. If Contractor submits a Request for Payment prior to the 20`h day of a given month, and if the OWNER fails to respond to said pay request within thirty (30) days after receipt of the CONTRACTOR'S application for payment, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest in accordance with Section 34.057RSMo as amended. 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. 00505:A-4 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 o'r relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, perFormance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and fumishing 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. 00505:A-5 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_to_, 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 45 , inclusive). 8.6 Supplementary Conditions (pages SC-1 to SC-5 , inclusive). 8.7 Specifications bearing the title Contract Documents and Speci�cations for the City of Cape Girardeau, Missouri, Silver Springs Road Phase IV; New Pavement Construction from Shawnee Parkway fo South Mt. Auburn Road, in the City of Cape Girardeau, Missouri. 8.8 Drawings. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR's Bid (pages 1 to 8 , inclusive) marked exhibit A . 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to , inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 00505:A-6 � 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. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and finro 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 ���a�i2 / , 20 Q3 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau C TRA�TOR La Cement Finishin , Inc. Douglas K. Leslie, City Manager � I 2J�1� � By: '� ��� By: </Ze��� 00505:A-7 [CORPORATE SEAL] [CORPORATE SEAL] Attest `',�� � , `� ',��, � Attest Address for- ving notices c�Ty �l�,e,� Address or giving not e 401 Independence Street ' (�� N�U g Cape Girardeau, MO 63703 P�rr�vil 1� , rno e3��5 (If OWNER is a public body, attach License No. ��� evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. .�S�tu �,a.p � . c�b r (If CONTRACTOR is corporation, attach evidence of authority to sign.) 00505:A-8 �`` � 2003 f�`�� Matt Blunt Secretary of State ANNUAL RECISTRAT[ON REPORT {BUSIIIeSS� THIS REPORT IS DUE BY: 07l15/2003 ^ ^� 00208985 V�� � r �: CURRENTFISCAL LAPPE CEMENT FINISHING, INC. • YEAR I5: Russell J.Lappe YEAR MONTH/DAY 8064 HWy B 2003 04101 Perryville, MO 63775 1 CHANGE FISCAL YEAR ' �� PRINCIPAL PLACE OF _Rn�� urav u BECIN gUSIl�iESS OR CORPORATE STREET CALENDAR MONTH/DAY Z ��QUAR,I,ERS. PEggyVILLE, MO 63775 ❑ � CITY/STATE Z,IP II cd�Y�I�s re�btered�e�t wd/er re�lered dflee�ddren,pkase e�eck t6e�ppropri�le bo�(es)ud f01 fs t6e ucessary Idormribo. ,��� � �IC�CW fCgI3ICfCd 8g011 3 IF G7IANGING THE REGISTERED AGENT,AN ORIGINAL WRITTEN CONSENT FROM TIIE NEW REGISTERED AGENT MUST BE ATTACHED AND FILED WITH TNIS RECISTRATION REPORT. � The new registered o�ce addros Mnt 6e�M6sa�r1�ddrea,�` gui do�e b eot�ccep/�6k.7'his sectb�b ed appYnble far Baoks,Trasb aed Eon16e Iosrnnee. OFFICERS BOAItD OF D[RECTOIiS NAI�fE AND PHYSICAL ADDRESS(P.O.BOX AIANE NOT NAME AND PHYSICAL AllDRESS(P.O.BO�C ALONF,NOT ACCEPTABiE). �RESIDEIVT AND 5ECRETARY REOUIRED ACCEPTABLE). AT LEAST ONE DIREGTOR IS REC�UIItED RANDY J. LAPPE PRE5 ______.....819 PCR�5�0_.»......_�._.____....._...... NAME......__........ 1it1.SSFJ.L..J_...I.APPE............................... S'IREETlRT..................... STRGET/RT..............8.0.6.4...HW.X..B................................................. CI'fY/STA1E/ZIP P����'�'�.�...��......�����................ C17'Y/STA7E/ZIP PERRYVILLE,_..MO _ 63775 V-PRES......................................................... -- • .......................................... NAME ..................... .. . 8064...HWY B ' CAR4L..E.�...IrAPPE..................................... S'I'RF.ET/RT........................ .......................................................... STREET/RT..............ROG(1,...Hy�...$................................................. Cl'fY/STA7E/ZIP PERRYVILLE, MO 63775 CITYlSTATE/ZIP PERRYVILLE, MO 63775 SEC"Y_.»...__....»_����...�i.r....���.r.»._..........».._»......._..» NAME....................................................................................................... STREET/RT..............HO64...HWY...B................................................. STREET/RT............................................................................................. CITY/STA'IE/ZIP PERRYVILI.E, MO 63775 CITY/STATE/ZIP 7�tEAs......................RUSSF.I.L..J._...I.APEE.............................. 1v,�ME ..................................................................................................... ., STREET/RT..............SDE1�F...HWY...B................................................. STREET/RT............................................................................................. CITY/STA1E/Z(P _ pF.RRYVT .i.F, MO 63775 CITY/STA1E/ZIP NAMES AND ADDRESSES OF ALL OTHER OF CERS AND DIRECTORS AI2E ATTACHED The udasigoed tmdetstendf U�et Gbe ateteme�ds mede in Uri�tepat are pwriahable(a the crime oC meku�g e Cel�e cleclerstion under Seclim 575.QW RSMo I 986 5 _ � .. , . : � �„���> � _'4t4:.s � ` �. p�{�m�slynaturs c W Photoeopy a stenped slpnature nd acceptabk. INFORMATIO PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE A D THE REGLSTRATTON FEE OF: FOR OFFiCIAL USE ONLY � 545. It filed on or beforc the due"date 002ogy85. Check#:__ O . It�vithin 39 daya atter dne�ate Amount 575.�0 If w�ithin 6A days aRer dae date Filers Initials: S9�.N If within 90 daya aBer due date 01 AG AG CORPORATE E-MAIL ADDRESS REqUIRED INFORMATION MUST BE COMPLETE OR THE REGISTRATION REPORT WI ECTED MAKE CHEGK PAYABLE TO SECRETARY OF RETURN COMPLE7ED REGLSTRATION REPOR'f AND PAYMEIVT TO THE SECRETARY OF STA . .BO�FFEIi�N CI U 6510Z D � APR 3 0 2003 � . , By �' � � , ._ /�1'iil���i"�t - �'��;�•��C��, � ' ACORD,� CERTIFICATE OF LIABILITY INSURANCE °ATE 10/03/2003 �o�uc� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Em�endorfer Insurance , en Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE `� � HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 625 ii. St. Joseph 3treet ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 311 INSURERS AFFORDING COVERAGE Per ille MO 63775- INSURED INSURER A:B1tL12R1210115 Insurance Co an LAPPE CEMENT FINISHING,INC. INSURERB: G & C PAVING INSURER C: 8064 HWY B INSURER D: pr'+��IL�' MO 63775— INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NONNTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT UNTH RESPECT TO WMICH THIS CERTiFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREiN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N� TYPE OF INSURANCE POLICY NUMBER �LICY EFFECTIVE POUCY EXPIRATION LIMITS LTR DATE MIWDD/Y DATE MMID A 6ENERAL LWBILITY CLP3139513 B 04/22/2003 04/22/2004 EqCH OCCURRENCE $ 1�000�000 X CpMMERCIAL GENERAL LIABILffY FIRE DAMAGE(An one fire) $ lOO�OOO CLAIMS MADE �OCCUR � � / � Mm EXP(My one personj $ r'J�000 PERSONAL 8 ADV INJURY $ 1�000�000 I I I I GENERAL AGGREGATE $ 2�000�OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2�000�000 POLICY JPE�CT LOC � � � � A AUTOMOBILELIABILITY �P 3 140 (18 B 04/22/2003 04/22/2004 �MBINmSINGLELIMIT X /Wv AUrO (Ea xciderk) $ 1,000,000 ALL OWNED AUTOS � � � � gpDILY INJURY SCHEDULED AUTOS (Per person) g H1Rm AUiOS � � / / BpDILY INJURY NON-OWNED AUTOS (Per accideM) $ / / / / PROPERTY DAMAGE (Per accident) $ GARAOE LIABIIITY AUTO ONLY-EA ACCIDEIYi S �Y A�� I I I I OTHER THAN EA ACC S AUTO ONLY: qGG $ A EXCESS LIABILITY �P 2 536 261 s 04/22/2003 04/22/2004 �CH OCCURRENCE $ 1�D0��0�� X OCCUR �CWMS MADE AGGREGATE $ 1�000�OOO S DEDUCTIBLE � � � � $ REfENTION $0 g A EMPLOYERS AB�ILITAY��NAND y� 3140605 04/22/2003 04/22/2004 TOR LIMfuTS X �ETRH E.L.EACH ACCIDENT $ 1�000�000 � � � � E.L.DISEASE-EA EMPLOYEE S 1�000�000 E.L.D�SEASE-POUCY LJMIT $ 1�OUO�000 OTHER � � � � DESCRIPTION OF OPERATIONSILOCATIONSNEHICIESIEXCLUS10N5 ADDED BY ENDORSEMENTtSPECWL PROVISIONS Listed As additional InSured in respects to the Silv�er Sprinqs Road, Bhase 4 project: City of Cape Ciirardeau, 401 Independence St. , Cape Girardeau, MO 63701 and Koehler Sngineering 6 Surveying, Inc. 2023 3tate Route W, Cape C3irardeau, MO 63701 CERTIFICATE HOLDER ADDITIONAL INSURED'INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUIN6 INSURER WILL ENDEAVOR TO MAIL O3O DAYS WRITTEN NOTICE TO THE CERTIFICA7E HOLDER NAMED TO THE LEFT,BUT Clty of Cape Girardeau FAILURE TO DO SO SHALL IMPOSE � BLH3ATION OR 11A81LITY OF ANY KIND UPON THE 4�1 Independence St. INSU R,ITSAOENTSORR ATIVES. AUT RR SE TA Ca Girardeau MO 63701- ACORD 2b-S(7/87) � ORD CORPORATION 1988 ��INS025S(991�.01 ELECTRONIC LASER FORMS,INC.-(800)327-0545 Page 1 of 2 � . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the ce�tificate holder, nor does it af6rmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25�(7187) ��INS025S�ssio�.o� �9e z or z EXHIBIT A � Silver Springs Road Phase IV August 24,2003 CITY OF CAPE GIRARDEAU Silver Springs Road Phase IV New Pavement Construction from South of Shawnee Parkway to South Mt. Auburn Road BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The work to be perFormed under these Contract Documents consists of the construction of . . . Furnish and installation of all requirements according to the improvement plans titled "Improvement Plans for Silver Springs Road Phase IV, New Pavement Construction from South of Shawnee Parkway to South Mt. Auburn Road, in the City of Cape Girardeau, Missouri", and also as described herein: Removal of existing improvements, place and grade earthwork to bring the project to the proposed final grade, install storm sewer improvements, install new concrete pavement for street surFacing, drives, and sidewalks, provide complete erosion control measures, preparation of final grades and surfaces, and all other improvements as required for construction in accordance with the improvement plans, located along Silver Springs Road from Shawnee Parkway to Mt.Auburn Road, and all other related improvements indicated on the plans . . . for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63701-6244 Koehler Engineering& Land Surveying,Inc. Bid Form 00410-Page#1 1 Silver Springs Road Phase IV August 24,2003 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 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(60)days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set 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: ���Stadde�aa byndae�d�m n,Umbe� and Date) N/A (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data"contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Koehler Engineering& Land Surveying,Inc. Bid Form 00410-Page#2 � Silver Springs Road Phase IV August 24,2003 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 neeessary 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 Contracf Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations,tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on 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. (I) (Any other representation required by Laws and Regulations.) 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Koehler Engineering& Land Surveying,Inc. Bid Form 00410-Page#3 Silver Springs Road Phase IV August 24,2003 . UNIT PRICE SCHEDULE Item No. Item Description Unit Est. Quantity Unit Price Item Total Removal of Ex. Improvements 1 (excluding trees) LS 1 3�I� � � �}I. 2 Clearing &Grubbing LS 1 �0`�1.� $ qla,I.�Q 3 Removal of Tree with Trunk 12"to 17.9" EA 11 $ �a10.Q� $ I 3�O.Cl� 4 Removal of Tree with Trunk 18"to 23.9" EA 11 $ ���Q� � 5 Removal of Tree with Trunk 24"to 29.9" EA 5 �(� ��(� 6 Removal ofTree with Trunk 30"to 36" EA 4 �$ ��.� $ ��.� 7 Removal of Tree with Trunk> 36" EA 2 0�$ o�0•Q� $ �-}�-}0� 8 Temporary Erosion Control LS 1 �,��8�� 'rJ. 9 Class A(Rock) Excavation CY 0 $ c�a►5.(,� $ 10 Compacted Fill CY 4255 $ 3 q5 �� `l. � (An estimated 1,175 cu. yds. Of off site borrow material will be required). 11 Area Inlet(3'x3' Inside Dimensions) EA 3 $ 13QQ.(,b �3q�.� 12 Single Offset Inlet EA 5 �� $��.(X 13 Double Offset Inlet EA 10 I SO.� � ��0.a 14 Junction MH EA 1 � qoo.Q� $ qOp.Q( 15 Rip-Rap Energy Dissipater SY 26.7 �____�_6�Q ��.o�� 16 12"Class III RCP LF 49.5 $ 14�0 $ `7x1.6` 17 12"Class II I Flared End Section EA 1 �o I�_5Q I�} � 18 15"Class III RCP LF 695 � 14.b1 IO q� 19 18" Class III RCP LF 458 �Lq 1(0 �q o�V� 20 24"Class III RCP LF 125 $ ab.Ol� �5 �( 21 24"Class II I RCP Flared End Section EA 1 5'�. J�'�,rj( 22 30"Class III RCP LF 64 $ _„�."�.;� 4f0�-� � 23 30"Class III RCP Flared End Section EA 1 $ �aa.� $ 42►a•� 24 16°Steel Casing LF 180 $ �D-�v ��(j( 25 12° C-900 PVC Waterline LF 80 $ �,'rJ ��Q,�( 26 7" P.C. Concrete Pavement SY 11,144 $ ��� ���,y� 27 4°Granular Base Under 7" Pvmt. SY 11,800 ��� $ (b,5''�o�.� 28 6" P.C. Conc. Entrances & Drives SY 199 �(� y �.�J ,(,),� 29 6"Vertical Concrete Curb LF 5,412 � ,�cJ � 40�.0( 30 Handicapped Ramps for Sidewalks EA 1 � �.� $ �o�j.� 31 6'x 4"Thick Concrete Sidewalk SF 18,961 $ �.��J �1�.�� Koehler Engineering 8� Land Surveying,Inc. Bid Form 00410-Page#4 , Silver Springs Road Phase IV August 24,2003 32 Installation of New Signs EA 22 $ ��•� $ c'���.�Q 33 Relocate Existing Signs EA 1 $ �.� $ �5.00 34 Reflective Pavement Markers EA 69 $ ��.� $a.� 35 Pavement Marking (Striping) LS 1 q� Iq.O� q(q �Q 36 Fertilizing, Seeding & Mulching AC 3.90 � �3�00 ��,QO 37 Replacement of Sidewalk(4°Thick) SF 37 $ 01,�� ��rj�j TOTAL BID FOR ALL SECTIONS: �v� - c$ 83 8a3�3 ����( ritte u ��� � � /� (Numerical figure) � 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. Any specific items or labor. required to complete the project in accordance with the plans and construction documents which is not explicitly identified above shall be considered incidental to the total project cost, no additional compensation shall be paid for said item or labor. 5. BIDDER agrees that the Work will be substantiafly complete within 120 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and all work will be completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 175 calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: Name ��Se I I �... �.Q�(,1�� Koehler Engineering& Land Surveying,Inc. Bid Form 00410-Page#5 Silver Springs Road Phase IV August 24,2003 Add ress �0�' lJl� � 1 � �e m� 31�J� (a) Performance and Payment Bonding Company Name �or� FI r� �' l ,C�.S U.A,�"U �OfYI(1'LY1La Address i �4� SP:c�nd Av� SE c�(�Q,r RQUIas ,�A 6p�Q1 3�IQ� Agent\Power of Attorney Name (if used) Address 8. Terms used in the Bid which are defined in the General conditions or Instructions will haue the meanings indicated in the General Conditions or Instructions. SUBMITTED on � � q , 20� State Contractor License No. 00 � 13�� IF BIDDER is An Individual � BY (SEAL) (Individual's Name) doing business as Business address: Phone No.: Koehler Engineering& Land Surveying,Inc. Bid Form 00410-Page#6 � Silver Springs Road Phase N August 24,2003 A Partnership BY (SEAL) (Firm Name) (General Partner) Business address: Phone No.: ' r f fi q iy' g 11������� ` : . �}y �`�i�,yr�'y '�.� r w�^�. ��. A Corporation . '���¢� �,�t�'�r ,�, � ¢p' B �V 1 ~�i��Y���t5�'� ♦ �.,� I�t "F y Q�(� ��1�P,1'� n i Sh i YlA , �1'1!;. � . �, �� , � _ —�/�/� y�. (Corporati Name) �'�� ��-���^ •.:�� � ; �•I �J`VOW� � ���Ij�µµ���� 4��r/�t �'yf,FY' . (State f In orp ation) �}' ��,� � �.x' 3 S k By ��tr�� � (N e of e son u h d to Sign) ��`���g�, ��r<' ,.� � .. _�r i�� Q �-PSt DE.r� ��� ��� 'jO E��.t,��i�•`�i (Title) ���;'� ;���''� � � ; . � ���t �� � C�3,� . � �� , '�ir.x: �' � ����� � 1�1• � � �, � ��. Attest ��� � � �� � " d � � a � _ �s �g��'4 r 7 it '� . �r � '� ♦"� �# .r�i�'. � �. (JPi PiIC� . '� ,�, .'ci y@���f�*f�oyC3�`<;�>�... Business address: � � � � rf i � �e � N ` `� � �� ; :;�;``'"4� � � ° �,..-° � �* f ,�> / -,� < �,: Phone No.: l����,cj�-}�"' �J� �� r'� Date of Qualification to do business is �q�b Koehler Engineering& Land Surveying,Inc. Bid Form 00410-Page#7 Silver Springs Road Phase IV August 24,2003 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.) Koehler Engineering& Land Surveying,Inc. Bid Form 00410-Page#8 : _ . , � UNITED FIRE �:'' CASUALTY COMPr�l�Y 118 Second Avenue SE PO Box ';"�909 Cedar Rapids, ;ewa 52407-3909 (A Stock�.ompany) 61D BOt�D KNow 11L.t.BY Tl-iLSE PuESENTs,that LAPP�CEMENT FINISHiNG 1NC' ft064 HIGHWAY B P�RRYVILLL,.�v10 63775 as Principal, hereinafYer called tlie Principal,and the UNITED FIRE&CA:'LTALTY COMPANY, a corporatio�i duly �rganized under the laws of flie State of IOWA,as Surery, hereinafter called Surery,are h�:ld and firmly bounci iuito City of Cape Girardeau 401 Independence Cape Girardeau,MO 63701 as Obligee, hereinafter called Obligee, in the sum of Five Percent of the Bid Amount Doliars (S 5%, ) for the payment oi�,ahich sum well and tr�,l�to be made, the said principal and the said Surery,Uind ourselves, our heirs, executors, administrators, succtssors and assigns,joint;y and severally, firinly by these presents. WHEREAS,the Principal has suUinitted a bid for Silversprings Rd.,Phase 4 Now,Therefore, if the OUligee shall acce��t the bid of the Principal and the Yrincipal shall enter into a contracr with tlie Obligee in accordance with the terms of such Uid,and give such bond or bonds as may Ue specified in rhe bidding or contract documents with �;ood and sufficient surery for the faithful performance of such contract and f�r die prompt payment oY labor and niaterial fiirnished in the prosecution thereof, or in the event of the failure of the Principal to ente:-�uch contract and give sucl� bond or bonds, if dle Principal shall pay to the Obligee the difference uot to exceed the penalry hereo;Letween the amount specified in sald bid aud such larger amount for which the Obli�ee may in good faitli contract with another par.y to perform the work covered by said bid,then tlus obligation shall be null and void, otherwise to remaui:n f'ull force and efFect. ,, ,i anwrk,i: ,�r,, ��° g��i�f�'� ,� �ti�� �„�r, �r;�a��f � ��� f Fui�°P r � �, � (4 s ,h F �l,�V J, o ` Signed an.d sealed this 9rh day of September A.D. , 2003 ::���� ��'p �,� N � � . - LAPP�C�M�NT �T1�i��I #��1T�'` �d �b M In the presence ot`. _ _ � �t`��� , , � . /A/ (Prii al) ��{,"�'. e.F � I eJ fi, (/J/n��/ J���} P�' ,'� o-�/r � I • k • ` �Sy . ( tness (Tide) �c.y�u� d��`�t�4����. ' � �� t�� r�.�r;(I FE�lyF�,i"t4 ,+;�. _UNITED FIRE&CASUALTY ' �� (¢eala� rki�����,� „ � i� ��� k�d� ��a� , ��- . � By _ '�„ �'a' �� �� :,, , � , , (Wiruess) MEiry J. 1., 1 (A orney-in-Y;iC�j y ��± il�� ��;',� � . �� � �• i 1f �iFl�+Ys taJ�,ti�l�,� ti � „ 1 � ,�.�+`f i s - � . � y� S � �4 N ...h�/ �����E_ s „y; r'l �p F �.�� A r u,�„'�'r, �f,� ';,� � +I���� 1 ` ;u � ! . i��� f{ I +t�.I� � �Ifr�r�S � t , CONT00010798 s � ��G�" ' �;�� �� ' A� i f! f,�. , r ACKNOWLEDGEMENT OF SURETY �tate o1� Illiirois; ; ss. County ofJacksun; � Un chis 9th day�r September , 2003,personally appeared before me Marv J. Leslie who being duly sworn did depose and say that she is the acrorney-in-r'acr or�cl,e United Fire & Casualty Company of Cedar Rapids, Iowa, rhat the se<�I ��I't ixed to the 1Tt1CI1(:CI instrument is the Corporate Seal of said Corpor�tion, and that said instrument ���as si��ned<�nd sealed on beh�lf of said Corporation by authori ' ear�trFB"i � � said Marv J. Leslie acknowledged that sh xe ute instru S��s� laS r -in- ct and as thc ti-e�acc��nd deed of said Corporation Nota IC, S Iln i o isio x ' e � r r � r UNITED FIRE&CASUALTY COMPANY 6c;rid # Home OfFice-('edar Rapids, low� Certified Copy of Power of Attorney Ohli;;ee Citv ot'C�pe Gir�rdeau (Original on File at Home O((ice of Company-See Certification) __ 41►1 �ndependence Cape Gir:u-deau,MO G3701 KNOW ALL MEN BY THESE PRESENTS,That the UNITED FIRE&G�SUALTY COMPAi�'Y, a corpor�tion duly organized and existing under the laws of the State of lowa, and h�ving its principai office in Cedar Ray�ids, State of lowa, does make, consti- tute and appoint CHARLES W.DECKER OR ALAN H.RAUSENBERGER,OR WILLIAM TALLMAN OR MnRY.1.LESL(E,OF CARBONDALE,[L OR TODD A.WARD,OR NANCY STRAUSER,OR PRISCfLLA B.I-IUNTER,OF CAI'E GIRARDEAU,MO ALL IND[VIDU/�LLl' of P O BOX 849,CAR[30NDALE,fL 62903 its true and lawful Attorney(s)-in-fact with power and authority hereby conferred to sign, seal and execute in its l�eh�lf al I law- ful bonds, undertakings and other obligatory instruments of similar nature as follows ANY AND ALL L30NDS 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 �nd ail the acts of said Attorney, pursuant to the authority hereby given are liereby ratified and confirmed. The Authority hereby granted shall expire January 8th,2004 ui�lass sooner revoked. This power of Attorney is made and executed pursu:�it to and by authoriry uf the following By-Law duly adopted by the Cioard of Directors of the Company on April 18, 1973. "Article V-Surety i3unds and Undertakings" S�•c�icrn 2,A��poinmiern c�i A��orney-n-fact."The President or any Vice pre�de•nt,or any other officer o�tne Com��any, may,from time io time,.y�point by wriUen cerlificates,ttorneys-in-fac�to act in hehalf of the Company in the exe::u'ion of policies of insuran<<�,bonds,under�cikin�s and olher obli�;atury inslru- ments��f like nature.The si�n,rture of any officer authorized hereby,and the C•x;�rate seal,may be affixe�!by facsimile to any power of attomey or special �x>wer of adorney��r c�r�ific�ii�m of either�uthorized hereby;such siKnature ar:d�al,wh�n so usecl,bein�;idopted by�he C�mi��any as�he uri}�inal signa- lure�e�i such officer:inrl th<�uriginal senl��f the Cnmp�ny,tn h�valid and bindin� u��on the com��any with Ihe same t<x<e and effrU as�hoii�h monu�lly affixed. Such�tiorneys-in-fnct,su6jecr to the limitations set forth in their respectrie certificates of authurity shall have full��ower to hind the C.ompany by Iheir signnture and exc�cutic�n of�ny sudi insiruments and to ittach the SE'lI of thc Com�iany ihereto.Th��Presi<lent <�r any Vice I'resicient, rhe Gaird of Direclors or any uther ufficer uf the Cemi��any may it any time revoke all�x�wer arn'::ulhority previoush��iven to any olr��mey-in-i;xi. IN WITNESS WHEREOF, the UNITED FIRE & CASUi LTY COMPANY has caused these c�tiG'�'�T�,�� presents to he signed by its vice president and its ccr�orate seil to be hereto �ffixed thfs �a; zbth clay of Au�usr , 2003. �� coxroen� �„ UNITED FIRE &CASUALTY COMPANY °,,� —•— �'� sen� ;� .,� dp G�'��� /' 4����Rtl�,�,,;``�� gy Vice President State of lowa, County of Linn, ss: On this 2Gth day of Augu.t , 2003 before me personally came Randy A. Ramlo to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rarids, State of lowa; tha*he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and �,��hich executed the ab�ive instr�n�ent; th�t hc knows the se�l of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Qoard of Directors of said corporation and that he signed his name ther��io pursuant to like authority, and �cl<nowled�es same to be the act and deed of said corporation. � �_ �.�`.,,�, � F,1,��:��,.�I ;'� : �� C ���s41�1�l4d N4���'�� , , N<�t�r I uhlic " "' le�1` 'i�1��s�°s#'�.,�+1 19QF� Y t� 'f` `�" My Ccimmission expires October 26, 2004 CERTIFICATiOi� I, the undersigned of(icer c�(the. UNITED FIRE �:CASUALTY COMPANI', clo hereby certify Yh�t I have compared the foregoing copy of the Power of Attorncy and affid�vit, and the copy of the Section of :he by-I�ws oi said Comp�ny as set forth in said Nower of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE Oi=SAID COMPANY, and that the s�me are correct trZnscripts thereof, �nd of the whole of the said ori�inals, and that the said F'ower�f Attorney has not heen revokecl and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed th� r_orporate seal of the said Comp�ny this 9th cldy o( Se��tember � 2003 . w``.��``y�aa"s�riit°ip. .� � a �o�� Secretary. =� coxrott,�xs �; • �: ,✓� '' sen� %,o c� �-- /7" ���qR�p�ite�,��Q�`` �/,. UND-3156(1-03)2 �