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HomeMy WebLinkAboutRES.1578.07-03-2000 � • BILL NO. ?.000-167 RESOLUTION NO. 05� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH N. B. WEST CONTRACTING CO. , INC. , FOR THE 2000-1 SLURRY SEAL PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with N. B. West Contracting Co. , Inc. , for the 2000-1 Slurry Seal Program. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �� D OF " , 20�. A. . Spradling, III yor ATTEST: � � �� G1�.�.� �,r��.,. �S� ,-���T�•�'� Gayle . Conrad, City Clerk �ti ,-L�^y� .�i .�,: � , ,d ;,�,;;�`ti`';;�`�'�. 1�9 * � ���; � +S►� �"�,�}�' �' ,n� O ; :���: � ., ,�.�`,!r, % 'ti► ,' ��`��!!/ � ��, ��-- � ,k I�`-�a CITY OF CAPE GIRARDEAU 2000-1 SLURRY SEAL PROGRAM STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the ls,- day of A u��sr in the year 20 � by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and N. B. West Contracting Co. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of all things necessary to apply a Type II Slurry Seal Overlay, including but not limited to notification to residents, clearing vehicles from the street, erecting barricades, handling traffic, final cleaning (brooming) of the surface and covering all metal surfaces of the following streets: A. Scott Street from Missouri Avenue to Perry Avenue. Width is 20 feet; length is 338 feet. B. Wayne Street from Perry Avenue to West End Boulevard. Width is 20 feet; length is approximately 711 feet. C. Ripley Street from West End Boulevard to dead end. Width is 20 feet; length is approximately 770 feet. D. Ozark Street from West End Boulevard to dead end. Width is 16 feet; length is approximately 486 feet. E. Carter Street from West End Boulevard to dead end. Width is 15 feet; length is approximately 340 feet. F. Madison Street from Perry Avenue to Perryville Road. Width is 29 feet; length is approximately 432. A-1 G. Missouri Avenue from Stoddard Street to Ripley Street. Width is 20 feet; length is approximately 849 feet. H. Frederick Street from Emerald Street to dead end. Width is 20 feet; length is approximately 432 feet. I. Roberts Street from Main Street to Rand Street. Width is 21 feet; length is approximately 673 feet. J. Second Street from Big Bend Road to Main Street. Width is 21 feet; length is approximately 670 feet. K. Third Street from Big Bend Road to Main Street. Width is 21 feet; length is approximately 672 feet. L. Olive Street from Sprigg Street to Middle Street. Width is 20 feet; length is approximately 880 feet. M. Brucher Street from Bertling Street north to dead end. Width is 29 feet; length is approximately 737 feet. N. Northwoods Court from Main Street circling east and back to Main Street. Width is 28.5 feet; length is approximately 1,142 feet plus 2 turnouts and 2 cul-de-sacs. O. Johnson Street from Main Street to Rand Street. Width 20 feet; length is approximately 580 feet. P. Jasmine Lane from Rampart Street to Carolina Lane. Width is 18 feet; length is approximately 582 feet. Q. Magnolia Avenue from Belleridge Pike to Carolina Lane. Width is 20 feet; length is approximately 289 feet. R. Albert Rasche Drive from David Drive to Randol Avenue. Width is 25.5 feet; length is approximately 1,161 feet. S. North Lake Drive from Hopper Road to East Lake Drive. Width is 20 feet; length is approximately 2,063 feet. T. South Lake Drive from East Lake Drive to dead end (cul-de-sac). Width isD feet; length is approximately 2,895 feet. U. Bellevue Street from Ellis Street to Sprigg Street. Width is 40 feet; length s approximately 391 feet. A-2 V. Themis Street from Frederick Street to Lorimier Street. Width is 40 feet; length is approximately 1,325 feet. W. Independence Street from Lorimier Street to Water Street. Width is 40 feet;, length is approximately 798 feet. X. Merriwether Street from Pacific Street to Sprigg Street. Width is 50 feet; length is approximately 798 feet. Y. Good Hope Street from Frederick Street to Aquamsi Street. Width is 49 feet to Spanish Street and then 20 feet. Length is approximately 1,935 feet. Z. Ellis Street from Broadway to Independence Street. Width is 40 feet; length is approximately 1,000 feet. AA. Sprigg Street from Good Hope Street to the alley. Width is 40 feet; length is approximately 240 feet. BB. Lorimier Street from Broadway to Independence Street. Width is 40 feet; length is approximately 842 feet. CC. Water Street from Independence Street to Broadway. Width is approximately 40 feet; length approximately 870 feet. 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 forty-five (45 ) 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, A-3 OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars $ 200.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fifty Dollars $ 150.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: One hundred eleven thousand eight hundred forty- four dollars and eighty cents_($ 111,844.80 ) 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-4 previousiy 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°/a 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. A-5 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, perFormance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: A-6 8.1 This Agreement (pages A-1 to A-9 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. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). 8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive). 8.7 Specifications bearing the title 2000-1 Slurry Seal Program . 8.8 Drawings. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR'S Bid (pages BF-1 to BF-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. 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 A-7 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. A-8 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 � U�UST � , 20� (which is the Effect��--Ba�e of th Agreement). s� �'OWNER Cit f Ca e Girardeau CONTRACTOR N. B. West Contracting Co. Inc. r .• Micha G. Miller, Cit Mana er y: By: [CORPORATE SEAL] CORPO TE SEAL] Attest �� Attest � � eiry ���ek Address for giving notices Address for giving notices 401 Independence Street 2780 Mary Avenue Cape Girardeau, MO 63703 Brentwood, MO 63144 (If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-9 � EXHIBIT A CITY OF CAPE GIRARDEAU 2000-1 SLURRY SEAL PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of all things necessary to apply a Type II Slurry Seal overlay, including but not limited to notification to residents, clearing vehicles from the street, erecting ba�ricades, handling traffic, final cleaning (brooming) of the surface and covering all metal surfaces for the following streets: A. Scott St�eet from Missouri Avenue to Perry Avenue. Width is 20 feet; length is 33$ feet. B. Wayne Street from Perry Avenue to West End Boulevard. Width is 20 feet; length is approximately 711 feet. C. Ripley Street from West End Boulevard to dead end. Width is 20 feet; length is approximately 770 feet. D. Ozark Street from West End Boulevard to dead end. Width is 16 feet; length is approximately 486 feet. E. Carter Street from West End Boulevard to dead end. Width is 15 feet; length is approximately 340 feet. F. Madison Street from Perry Avenue to Perryville Road. Width is 29 feet; length is approximately 432. � G. Missouri Avenue from Stoddard Street to Ripley Street. Width is 20 feet; length is approximately 849 feet. H. Frederick Street from Emerald Street to dead end. Width is 20 feet; length is approximately 432 feet. I. Roberts Street from Main Street to Rand Street. Width is 21 feet; length is approximately 673 feet. J. Second Street from Big Bend Road to Main Street. Width is 21 feet; length is approximately 670 feet. B F-1 . K. Third Street from Big Bend Road to Main Street. Width is 21 feet; length is approximately 672 feet. L. Olive Street from Sprigg Street to Middle Street. Width is 20 feet; length is approximately 880 feet. M. Brucher Street from Bertling Street north to dead end. Width is 29 feet; length is approximatefy 737 feet. N. Northwoods Court from Main Street circling east and back to Main Street. Width is 28.5 feet; length is approximately 1,142 feet plus 2 turnouts and 2 cul-de-sacs. O. Johnson Street from Main Street to Rand Street. Width 20 feet; length is approximately 580 feet. P. Jasmine Lane from Rampart Street to Carolina Lane. Width is 18 feet; length is approximately 582 feet. Q. Magnolia Avenue from Belleridge Pike to Carolina Lane. Width is 20 feet; length is approximately 289 feet. R. Albert Rasche Drive from David Drive to Randol Avenue. Width is 25.5 feet; length is approximately 1,161 feet. S. North Lake Drive from Hopper Road to East Lake Drive. Width is 20 feet; length is approximately 2,063 feet. T. South Lake Drive from East Lake Drive to dead end (cul-de-sac). Width is� feet; length is approximately 2,895 feet. U. Bellevue Street from Ellis Street to Sprigg Street. Width is 40 feet; length 's approximately 391 feet. V. Themis Street from Frederick Street to Lorimier Street. Width is 40 feet; length is approximately 1,325 feet. W. Independence Street from Lorimier Street to Water Street. Width is 40 feet; length is approximately 798 feet. BF-2 X. Merriwether Street from Pacific Street to Sprigg Street. Width is 50 feet; length is approximately 798 feet. Y, Good Hope Street from Frederick Street to Aquamsi Street. Width is 49 feet to Spanish Street and then 20 feet. Length is approximately 1,935 feet. Z. Ellis Street from Broadway to Independence Street. Width is 40 feet; length is approximately 1,000 feet. AA. Sprigg Street from Good Hope Street to the alley. Width is 40 feet; length is approximately 240 feet. BB. Lorimier Street from Broadway to Independence Street. Width is 40 feet; length is approximately 842 feet. CC. Water Street from Independence Street to Broadway. Width is approximately 40 feet; length approximately 870 feet. THIS BID IS SUBMtTTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The u�dersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five 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: B F-3 (a) BIDDER has examined and carefuily studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (ust Aadenda by ndde�dum Number and Date) � /� , r� /l/ �v (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 responsibiliiy for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data conceming 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 no►consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and fumishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the siie, reports and drawings identified in the Contract B F-4 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 g�oup 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. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL Q-i-Y. PRICE EST. PRICE �, � 1 Application of Type II S.Y. 77,670 $ � � (�� � Slurry Seal TOTAL BID FOR UNIT PRICE � � ,� �� �, � ��' '� �'� nr5^...n � � ._.�--- v� (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.) B F-5 Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within thirt 30 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within forty-five (45) 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) Requi�ed BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: Name ��'� �,s-� Address ��C� (7 � (a) Performance and Payment Bonding Company Name ��� � , �'�S � � Address � � 3� �. ,�� S7"Lo-�'s �Co l0 3�z Agent\Power of Attorney Name (if used) Address 8. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. � SUBMITTED on j 2✓ , 20� State Contractor License No. �3 �" � �� ¢� Z-C) BF-6 IF BIDDER is: An Individual gy (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 71��� VU�����'��G � �� (SEAL) (Corporation Name) �l SSv�rtr ' , (State of Incorporation) By _':`''s (�,�AL) ame of Per on Authorized to Sign) ;`� ,�►i c ` ,'',�;_,:♦ f + .. � �., . � ;� 1.. r I Ci� •�e..�. �� .._ • v..; i (f � V i `r .-� (Title) y �e,- � (Corporate Seal) " � -�`,��r �,g:_ � ' � � � ;�` ����- �, "C7 Attest ����-t�t� � f, r-' -1 � , � . (Secretary) "', ' v:. �d t��'�` � ��.- � 4 <<.. "; c: !'�/ C� '•e � •1.�. .1 ���' Business address: ;,' � � S . ,,,, � �� b .�°-. Phone No.: � � � ' �l0 Z � 3l�� / Date of Qualification to do business is ____-- B F-7 A Joint Venture By (SEAL) (Address) gy (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.) B F-8 BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we N.B.WEST CONTRACTING COMPANY,INC.,2780 MARY AVENUE, ST. LOUIS,MISSOURI 63144 as Principal hereinafter called the Principal, and SAFECO INSURANCE COMPANY OF AMERICA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CAPE GIRARDEAU,CAPE GIRARDEAU,MISSOURI as Obligee, hereinafter called the Obligee, in the sum ofFIVE PERCENT OF THE TOTAL AMOLTNT BID Dollars ($5% )> for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SLURRY SEAL VARIOUS STREETS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void otherwise to remain in full force and effect. � � -',�y�„�raci4al�'ew4��k� �:=� . Signed and sealed this 13TH day of �E _ " ' ��` `��Q� ` {' � � ��� ������r��e��� �x �' .. w1:, r�y .� ��; = „y • ��, :�. . . � " i ,� � �. � -�?�+,,, , ,, , , ,� N.B.WEST CONTRACTING,:C91V�$ANY,INC'` r' �,� � Princt aV � ! � � _ v _ p � ;';�- �' �al�j.� . Witness �s� c3`. _ � � F'J.i : By: �^� ' , SJ `;' LARR D.WES ,PRESIDEN1R/tt �{• '�..�•.:��4$���'�/ ' rl�, `� �° h^ �:e�`�- SAFECO INSURANCE COMPANY OF AME�Yd��,,,,�E��'�� Surety ,_ ,"1s ',°,l,f�al) � . � „ �.• �s�" �, � �; �tw � �� /�� °. ' e �r . � / � 1 � � � .. M.c + pcC �`.� .r, /�L�L�-l.l.L-l/W '��. �/ ' `� G 1 Bv: Y�.J�� L�E� ' �'�' .rP VN 1w:9/�p-�� Witne � - DO A J.TI# E :=Attorrietyr�irt=�act `- - - -- `, ,��,: - � ��, . ; , _-_ - :,,; ��i v� y v . . • ORSC 21328(5/97) S� S A F E C O� POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA � OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 9029 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint .....+....«++.....«.■..�pMES p.CITTADINO;IERRIANN B.BLASS[E;M.A.BLA[S;VICKI 1.JUS�I';DONNA J.THONE;St.Louis,Ml$$OLLI7�`��k►t}F►�t4frt�k4��Mt+rtkwl♦ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings a�d other documents of a similar character issued in the course of its busi�ess,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 25th day of February , 2000 . ��� � ��� R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.- FIDELITY AND SURETY BONDS ...the Preside�t,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appoinUnent, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-0f-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolu6on of the Board of Directors of these corporations,and of a Power of Attomey issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 13TH day of JUNE , 2000 , aN(�,COAp,y�,` ���E COMp,� ��Oo���1rE Q^ `-��� o v ��� y � SEAL � y SEAL T `�Q�� � dAr 1953 0� ��, 1�2� `�� aJc �� R.A.PIERSON,SECRETARY FOf w�SM vf Was S-0974/SAEF 7198 0 Registered trademark of SAFECO Corporalion. 2/25/00 PDF f � f e SUAETY RIDER $�ECO INSURANCE COMPANY Of AMFRlCA GENERA� INSURANCE COMPIJiY Qf AMFRICA �� F'Qf AMER CA L �NSURANCE COMPANY MOME OFF�CE:SAFECO VIAIA SEATTIE.WASNINCTOti 9iti5 To be �ttuhed to and form a part ot � �• 6065301 Type ot Ba'� PERFORMANGE AND PAYNIENT dated �LY 5, 2000 of tect�ve trqatw-y►r-reao exscutad by .as Principa�. N. B. WEST CONTRACTING COMPANY, INC. cnurur�u ana Dy sAFECO INSt1RANC� COMPANY OF AMERICA .as Su�ery, cn tavor ot CITY OF CAPE GIRARDEAU rosue�o if1 COnyd6ration of the mutu9l 3gfYem9ntb hereln Coflt7ined ths PrtttCip�l ind the St�aty Nergby Consent t0 Chinq�np THE TERM OF THE BOND FROM AN EFF�CTIVE DATE OF JULY 5, 2000 TO AUGUST 1, 2000 ntotting Ae�an contained shall vary. �Iter or extond any provis�on vr contlition of th�a bond except as hsrsln expreasly atateC. This rider is atloctiv� AUGUST 1, 2000 oNCn(n-OrY-�'E� Si9�+sd end Sei��d AUGUST l, 2000 � '� o.�oNr�-av-rE,�� a`�'- M" • �,�' ' i � � o ;/ �+'��\V o� a e •p �+`��:n Ir111H �U ��„�a'�e° . ° C �� ..,�' +��� R� � �::', i� �::` t.'���� � t � � �.a �" �, � .. � •• �� ••.I' �, . � : � , . `: ,. {� NCItA ''. £L, . Lr� a ,yr r�y,�,..,: ,'_�..,. .. rs ,t�,�t�'"���r�diA�ECO IN ANCE COMP NY GF AMERICA ��' ��� �'� r �ys''�y � �;. , �� . J ° �. �. �.�,`1�` �����'n^` ,f �� I ': ��y�� .. : , , '•.,�(J� :. J c ,�=� � . ` G�. :^S�•; � •:: :�,-�► o�r�Ewirrrncq NNA J. THONE � �� _ �� .� '-:.:. .,.::�� � :_ - � �' . c�� r �:� _ ,, r _�: .-- _ ;,:.r ' . �«.�' m o _ - _,'• � a '�, <rJ ', - . .c..ti. "i .(�'1 w� ,° ;� -,�, •, .P .�. :" ;..i ,"c� ; ,;;,?°�•t+.o�° t�,'�,.. �Rep�ste�ed trademark of SAfECO CO►ooration. �r���a�P�V�,y��,,5 VRINTED 1N U.S.A. ¢rsv - ��li�t i,�;�.t S A F E C O„ POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA ► OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 9029 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ..*.+..+ssssss.s.s.s.s�JAMES P.C[TTADINO;JERRIANN B.BLASSIE;M.A.BLA[S;V[CKI J.]UST;DONNA J.THONE;St.Lou'ts,Missouri'"'•"**'**'***•'s.s•ssw.s its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 25th day of February , 2000 . ...��d.� �C�, .����.����� R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety opera6ons,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate tiUes with authority to execute on behalf of the oompany fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any insUument making or evidencing such appointrnent, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimiie thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company sefling out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A oopy of the powerof-attomey appointrnent,executed pursuant thereto,and (iii) Certifying that said powervof-attomey appointment is in full force and effect, the signature of the certifying o�cer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,RA.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attomey issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 1ST day of AUGUST , 2000 . �CO�pq �E COMP ��°c`P°�r�?,� �,oa'� �o � � NRPORATE '" � SEAL � y SEAL T y ,� .aQ.�' � a 195� �� la2� ��Of wA ��Cp(W�a'LR�� R.A.PIERSON,SECRETARY S-0974/SAEF 7/98 �Registered trademark of SAFECO Corporation. 2/25/00 PDF f � � SURETY RIOER $�ECO INSURANCE COMPANY OF AM�q�CA GENERA� INSURANCE COAA�a11Y � AMERICA � FIRS7 NeT10Nw� IN6URANCE COINPANV � Qf AMERICA MOME OfFICE:SAFECO YLAZA BEATTLE.WASMINCSOk 9i1t5 To be itt�ched to and tom► a part of � �• 6065301 Type of B�^� PERFORMANCE AND PAYNNIENN`T d�tod �LY 5, 2000 Yttective 1�qNTf1-pAY-YFAq executad by .as Princ�pa�. N. B. WEST CONTRACTING COMPANY, INC. 1r+uNur�u � bV tAFECO INSURANCE COMPANY OF AMEAICA .as SuretY� �n t�vor ot CITY OF CAPE GIRARDEAU lOtttlEO it1 COnsid6rsZion Ot the mtrival agrY�m9nta hereln COflt2ined tfis PNf1Cip� ind tha Surety �8rgby COnse�t to Chinanp TE� TERM OF THE BOND FROM AN EFFECTIVE DATE OF JULY 5, 2000 TO AUGUST 1, 2000 NOtning here�n cOntained shall vary. �Iter or extand any provis�on or contlition of th�s bond except as hersln expreasly atated. This rider is a�toct�ve AUGUST l, 2000 oMO�T�-DAY'rt�G • Srg�sd and se�+ad AUGUST 1, 2000 -. � : o�oNrn-ar-rt�� � � . � � � � ` ��Cs �'�:a q � _;..��1. ,'e�e��e4 ��+ „�/✓� � lrMN AU , L � � -� : �� �'�`L"�� ��f � � S�° � �: �..w , -�, � " : - , t► Nnr,► �� p- , ,�• ° .Y . � � �� l���i��„���u6�►.FEGO IN ANCE COMP hY OF 1►MERICA r ' �'' a-� c ,r �� y1�' " •� �;- + ��: ` • ,�� ' * � � /;, + . �: ' , G r,� .����'l r :.� .� �Y;�r 1 ' �, •� �/ f •,'� � . . `: `•!, �i � ' • :� '.�A W1trfY-111-FACq �! '°� , ',.�s. , J. THONE ;,�# �,,; .,, �,., .�' , { �' _ � . �`�' . ��� , . � x ., _ ,;,.. --,' r� �"I� <t�, =�' ,�,}� �„i (�.�,^w� ��'c.. � �•% ,.? Y :�i - � •? �0�cs000° �`C �R! �ste�sa tradenfuR of S�FEr.�C.O�O�OtiOfl. 'i, 'J�' ^P i� „ � PRINTED 1N V.SA ��/:� j�z � POWER SAFECO INSURANCE COMPANY OF AMERICA S A F E C O� GENERAL INSURANCE COMPANY OF AMERICA � OF ATTORNEY HOME OFFICE: SAFECO PLA7J� SEATTLE,WASHINGTON 98185 No. 9029 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint sRsr.s+r.■ssss4s►f■s*raJAMES P.C[TTADINO;JERRIANN B.BLASSIE;M.A.BLAIS;VICKI J.JUST;DONNA J.THONE;St.Louis,MISSOIllI���#*�*****s�t#ff►R►t#*�#! its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undeRakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 25th day of February , 2000 . .�'Q'.�' �+C�, �i�t������� R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.- FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under othe�appropriate tiUes with authority to execute on behatf of the oompany fideliry and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-0f-attomey appointrnent,executed pursuant thereto,and (iii) Certifying that said power-0f-attomey appointment is in fuil force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby ce�tify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attomey issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 1ST day ot AUGUST , 2000 . �Cf,C�o9ti ��E COMp �o°t`��rE`4� �,�,��� ��o,.. � � NRPORATE � 5EAL � W SEAL � `�Q.r� . a 1953 � 1 Z� ��Qp wA� �Cp(y��,'tR�� R.A.PIERSON,SECRETARY S-0974/SAEF 7/98 �Registered trademark of SAFECO Corporation. 2/25/00 PDF