HomeMy WebLinkAboutRES.928.05-16-1994 r
BILL NO. 94-109 RESOLUTION NO. "�f�, �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DANNIE GILDER
EXCAVATION, INC. FOR CLOSURE OF THE SANITARY
LANDFILL
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 Dannie Gilder Excavation, Inc. for closure of the
sanitary landfill. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS �7-� C DAY OF f,}�r"t,er�, , 19 '�`� .
;�
1
A. M. Sp adling, III, ayor
ATTEST:
`%�"1� � �� !_,� s .�,,t�;.-��
�`
Gayle� L. Conrad
Deputy City Clerk
CITY OF CAPE GIRARDEAU
SAI�ITARY LANDFII.L CLOSURE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STII'ULATED PRICE
THIS AGREEMENT is dated as of the� day of in the year 1994
by and between the City of Cape Girardeau, Missouri (hereinafter c 1 WNER) and
Dannie Gilder Excavating, 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
furnishing all supervision, labor, tools, equipment, transportation, storage
facilities, services, and supplies required to complete the following: Vegetation
removal from areas to receive embankment or fill. Determination of exisdng soil
(1 foot in depth) cover within limits of existing landfill that is to receive final
cover. Compaction of existing soil cover that is to receive final cover.
Excavation, transportation, placement, and compaction of 2 feet of final cover for
existing landfill that is to receive final cover. Construction of riprap lined let-
down channel, drainage terraces, and drainage channels with grass or riprap
lining. Final grading of the areas disturbed during the work for both landfill and
bonow area(s). Vegetative establishment of the landfill and borrow areas will be
accomplished in two separate seeding application. Seeding, mulching, fertilizing,
liming, maintenance, and general establishment activities will be required at the
completion of final grading and at the next available prefened planting season.
A-1 AGREEM.FMT
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 TIlVIFS.
3.1 The work will be competed 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 allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays, expense
and difficulties involved in proving the actual loss suffered by OWNER if the Work is not
competed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER one hundred Dollars$100.00 for each day that expires after
the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4.1 and 4.2 below:
4.1 for all Work other than Unit Price Work, a Lump Sum of:
Three Hundred Forty Nine Thousand, One Hundred and Fift�Five Dollars and no cents
($ 349,155.00 )
All specific cash allowances are included in the above price and have been computed in
accordance with paragraph 11.8 of the General Conditions.
AGREEM.FMT A-2
4.2 Schedule of adjustment unit prices: In the event the Work indicated or specified in the
Contract Documents is increased or decrea.sed, the price set forth above shall be increased or
decreased in accordance with the following schedule of adjustment unit prices.
No• Item ni Unit Price
1 Riprap Channel Lining (includes S.Y. $ 15.00
foundation preparation, geotextile
filter fabric, furnishing riprap
material, hauling, and
placement).
2 Off-site Bonow Material C.Y. $ 3.25
(includes excavation, hauling
from Owner-provided bonow
area, placement, and
compaction).
3 Seeding (including preparation of Acre $ 1,500.00
seedbeds, seeding, mulching,
fertilizing, liming, and
maintenance) and topseeding.
Article 5. PAYMENT PROCEDURFS.
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 lOth 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.
A-3 AGREEM.FMT
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°lo 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. INTERFST.
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 REPRFSFNTATIONS.
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".
AGREEM.FMT A-4
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and furnishing of
the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified 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 dces 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 conelated 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.
A-5 AGREEM.FMT
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, enors, 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 Not Used
8.3 Performance, Payment, and other Bonds, consisting of 7 pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 57, inclusive).
8.6 Supplementary Conditions (pages SC-1 to SC-5, inclusive).
8.7 Specifications bearing the dtle City of Cape Girardeau, Sanitary Landfill Closure.
8.8 Drawings consisting of a Cover sheet and sheets numbered C1 through C6, inclusive with
each sheet bering the following general title City of Cape Girardeau, Sanitary landfill Closure.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR's Bid (pages X to X , inclusive) marked exhibit X .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages X to X,
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 supplemendng the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the
General Conditions.
AGREEM.FMT A-6
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. NIISCELLANEOUS.
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 limitadon, 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.
A-7 AGREEM.FMT
IN WITNFSS 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 effecdve on � , 19�hich is the Effective Date of
the Agreement).
OWNER Ci�y of Ca�e Girardeau. CONTRACTOR
Mi ri Dannie Gilder Excavating, Inc.
By: ���� � By: 2� , � ---- __�
[CORPORATE SEAL] [CORPORATE SEAL] _ � - -
Attest � Attes ,��_ � _ _ - � _
Address for giving notices Address for giving notices
401 Indenendence 5603 State Hiahway 25
C�pe Girardeau� Missouri 63701 Gordonville, Mo 63701
(If OWNER is a public body, attach License No. 0010882
evidence of authority to sign and
resolution or other documents Agent for service of process: Dannie Gilder
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to
sign.)
AGREEM.FMT A-8
�
Each Bidder shall scknowledge receipt of rhis Addendum No. 1 by affixing his
signature below, by nocing this Addendum on his Bid Form, and by attaching
this Addendum to his Bid.
Burns & McDonnell Waste Consaltants, Inc.
10881 Lo�ell
Overland Park, Kansas 66210
.
Acknowledgement
The undersigned acknowledges receipt of this Addendum and the Bid submitted is
in accordance with information, instructions� and stipulations set forth
hetein.
Bidder: (JA/JNIC Cs1C-C�ER �XC•� �^�c •
ay: 7��f�� lJ,�.�,-� P�ecU�cT Ew�-iN��it
Date: S�d 9�9 S�
��
END OF DOCUMENT 00090
,�-�
00900.FC 00900-3
02�690
. i �� . � . , . .
, . . . �aT-�r��.
/ '
DOCIJMENT 00300 - BID FORM .
Project Name: Sanitary Landfill Closure
BID T0: �
Owner: City of Cape Girardeau
City Hall
401 Independence
P.O. Box 617
i
Cape Girardeau, MO 63702-0617
BID FROM:
Bidder: n A N N 1 E G I LDE2 C X C/9✓ffT/onl f �NC.
SGa'� ►��.J� ZS -
(sD�2 d orJ /1 I,LC . Y✓)O (o�7 0 i
ARTICLE 1. The undersigned Bidder proposes and agrees, if this 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 time indicated
in this Bid and in accordance with the other terms and conditions of the
Contract Documents.
�
ARTICLE 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 35 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 15 days after
the date of Owner's Notice of Award.
ARTICLE 3. In submitting this Bid, Bidder represents, as more fully set forth
in the Agreement, that:
3.1 Bidder has examined and carefully studied the Bidding Documents, and
the following Addenda� receipt of all which is hereby acknowledged:
Number Date
1 rn�Y �. � 9q�
3.2 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.
3.3 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.
CPEBF.I.CC 00300-1
�
DOCUMENT 00300 - BZD FORM: continued
3.4 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. 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's Consultant do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Bidding;
Documents with respect to underground facilities at or contiguous to
the site. Bidder has obtained and carefully studied (or assumes
responsibility for having done so) all such additional or
supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and
underground facilities) at or contiguous to the site or otherwise
which may affect cost, progress, performance, or furnishing of the
Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder and
safety precautions and programs incident thereto. Bidder does not
consider that any additional examinations, investigations,
explorations, tests, studies, or data are necessary for the
determination of this Bid for performance, and furnishing of the Work
in accordance with the times, price and other terms and conditions of
� the Contract Documents.
3.5 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.
3,6 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.
3.7 Bidder has given Engineer's Consultant written notice of all
conflicts, errors, ambiguities, or discrepancies that Bidder has
discovered in the Contract Documents and the written resolution
thereof by Engineer's Consultant 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.
3.8 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 a
^ corporation to refrain from bidding; and Bidder has not sought by
collusion to obtain for himself any advantage over any other Bidder or
over Owner.
00300-2 CPEBF.LCC
�
DOCUMENT 00300 - BID FORM: continued
ARTICLE 4. Bidder wiil complete the Work in accordance with the Contract
Documents for the foTlowirtg�,price(s) :
LUMP SUM BID PRICE: %f�� ��-l�U�✓D�PE Hn/1� FOR7 i/�/�✓�' TH�G�u`I`t r✓d �
ONC ' Nu�✓/��?CD H�,ID FiFi�'- F�✓� dollars ($��9,1 . DO ) ,
SCHEDULE OF ADJUSTMENT UNIT PRICES: In the event the Work indicated or �
specified in the Contract Documents is increased or decreased by the Owner,
the price set forth above shall be increased or decreased in accordance with
the following unit prices. Adjustment unit prices are subject to acceptance
by Owner, and re3ection of one or more adjustment prices will not invalidate
acceptance of this Bid.
No. Item Unit Unit Price
1 Riprap Channel Lining (includes
foundation preparation, geotextile �
filter fabric, furnishing riprap • v b
material, hauling and placement. S.Y.
2 Off-site Borrow Material (includes
excavation, hauling from Owner-
provided borrow area, placement,
,� and compaction. �•Y• 3•2 5
3. Seeding (including preparation of
seedbeds, seeding, mulching,
fertilizing, liming, maintenance) � / sO�. dp
and topseeding. Acre �
ARTICLE 5. Bidder agrees that the Work will be completed within the following
time:
5.1 The entire Work will be completed and ready for final payment in
accordance with the GENERAL CONDITIONS within 60 days after the date
when the Contract Time commences to run.
5.2 Bidder accepts the provisions of the Agreement as to liquidated
damages in the event of failure to complete the Work within the times
specified in the Agreement.
ARTICLE 6. The following documents are attached to and made a condition of
this Bid:
6.1 Required Bid security in the form of ,(j/t'J �0�1(d
and in the amount of �J' '70 6F �3//� l9rt�ouivT
dollars ($ ) •
,•-.
CPEBF.LCC 00300-3
� - ' , � . . . � , .. � . . .f.
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�
DOCUMENT 00300 - BID FORM: continued
, ,
ARTICLE 7. Communications concerning this Bid shall be addressed to the
following address:
Mr. Rick Roberts, P.E.
Burns & McDonnell Waste Consultants, Inc.
10881 Lowell, Overland Park, KS 66210 _
Phone No. (816) 822-3449
FAX No. (816) 822-3463 *
ARTICLE 8. Name and address of SURETY.
��l�TED FI2E * GA SUAL?S�Ga,
G�QAiZ RAQ t DS =�4 S��7
Agent: G.4R ✓ L i�c��T _
SP�eiNGFiEt.O, �r'J� G S��OB
ARTICLE 9. The terms used in this Bid which are defined in the GENERAL ,,
CONDITIONS or Instructions to Bidders, will have the meanings assigned "to--t
,,,,���������,,,,, n:�,
�.� ���0 S 5'/` ` '� ,�
them. .� � ,
� SUBMITTED on /17/3 Y 9 , 19 q 7 _` ����.: . • � ����'�
,:' � >: r�+. ��a � �`� �
SIGNATURE OF BIDDER (CO���'`.�. S"""'� ��'' '
�' �_
_ .� � ca..q Q� J�,,, ^�
Corporation Name �/�rV�IIE fslLpC�2 �XCl9✓�4TlG���"��• ;'� r���Od�'. �t�-�
:,�,���,;„ , ,,�C�:-,;�'' .
By Authorized Person�
G2�'YL�� : ! l���i:`..✓�.�5°`
"�+:r�,..:>aI"���
Title Df;.r�NtC ILtlC-.7Q , PR �Sft�Lr✓T . `�` �
F6..
Business Address 5(00 3 �f'wY 7�
021�on/U�L� /'�'I� l�3 70/
State of Incorporation h�IISSa�r� l
Contractors License No. DO /O �S�i?_
Attest S retary) /� ,/, /,
✓ �iL> ��.,� �C lt L�f/{,c�
—v�
Title - _.1�
..-.
END OF DOCUMENT 00300
00300-4 CPEBF.LCC
THE AMERICAN INSTITUTE OF ARCHITECTS
....
AIA Document A310
Bid Bond
�
KNOW ALL MEN BY THESE PRESENTS, that we
DANNIE GILDER EXCAVATING, INC.
ss Principal, �S�rei.^.af:er �a!!��' i�e Prb��ipal, and
UNITED FIRE & CASUALTY CO. P O BOX 73909
CEDAR RAPIDS, , IA 52407 PHONE #319-399-5700
a corporation duly organized under the laws of the State of IOWA
as Surery, hereinafter called the Surety, are held and firmly bound unto
CITY OF CAPE GIRARDEAU, MO
as Obligee, he�einafter called the Obligee, in the sum of
� Five Percent (5�) Of Amount Bid Dollars (S ),
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
SANITARY LANDFILL CLOSURE
N O W, T H E R E F O R E, if the Obligee shall accept the bid o( the Princ�pal and the Principal shall enter into a Contnct
with the Obligee in accordance with the terms of such b�d,and give such bond or bonds as may be specified in the bidding
or Contract D�cume�ts with good and suriicient surety for the (aithful per(ormance o( such Contntt and for the prompt
payment o( labor and matenal furnished in the prosecution Ihereof, or �n the event o( the (ailure ot the Principal to enter
such Co�tract and g�ve such bond or bonds, �f the Pnnc�pal shall pay to the Obligee the diHerence not to exceed the penalry
nere�f oetween �ne arsiouni speciiieo m said bid and such iarger amount for wnich the Goiigee may in Sood fai� contna
with another party to perform the Work covered by said bid, then this obligation shall be null and wid,otheMrise to rcrtuin
in full iorce and eHect.
Signed and sealed this 9TH day of MAY 19 94
�„���,�„1�,,,,,
�`����S,F '�i����/ '��'��,
DANNIE GILDER EXCAVATING, INC`r�` �.•""''••.,�
(P ipsl) .� al�� �.(���f i .�
w�+ f. .� :� •J�
WItI1CSS) �'•� .
�/�. �� �!
(TIIIe).: � %!(^ i:� i .
,ac,;o�; ,J Y'�••' •c'
iTNTTFD FTRF.�L,���i�C�;PI''3l C`n_ /�':!�. , .'',-
,�"►� , 'f3U�ety)._ ,�. l5�4}�;�rtriu:{iP�ti��`�':
��.
(Witnessl > � •
�-
:(TicIS)
. l,, . -.
�i� : _. � :At�torney—In—Fact
��'• ; .
AtA DOCUMENT A310• BID BOND•AIA 6• FEBRUARY 1970 ED•THE AMERICAN . � ,� �. (,p��
INSTITUTE OF ARCMITECTS, 1735 N.Y. AVE., N.W., WASMINGTON, D.C. 20006 �, �/,, '�' � ` ` v'i.• �
� JJ�.I���
%i��,.......,,:
UivITED FIRE & CASUALTY COMPA���(
HOME OFFICE - CEDAR RAPIDS, IOWA
� CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company — See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITIED FIRE & CASUALTY COMPANY, a coporation duly organized and existing
under the laws of the State of lowa, and having its princiPal office in Cedar Rapids, State of lowa, does make, constitute and
appoint GARY L . YOST , OR WILLIAM L . SOUTHWORTH, OR MILLIE RATHBUN , OR PEGGY
DYE , OR DEE ROGERS , OR RICHARD JACKSON , OR DIANE COATS , OR CHARLES
FOSTER, OR WM. DOUG MONTGOMERY , OR E . WARD MERRELL , OR GINA SIMPSON ,
OR DEBBIE KING , ALL INDIVIDUALLY .
of P O BOX 4207 GS SPRINGFIELD MO 65808
its true and lawful Attorney(s)—in—Fact with power and authority hereby conferred to sign, seal and execute in its betialf all
lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by
the dulY authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said AttorneY, Pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted shail expire S E P T E M B E R 2 n d 19 9 5 unless sooner revoked.
This Power of Attorney is made and executed pursuant to and by authority of the following By—Law duly adopted by the
Board of Directors of the Company on April 18, 1973.
"Article V — Surety Bonds and Undertakings."
Sectfon 2,Appolntment ot Attorney-in•Fact."The President or any�ce Presldent,or any other ollicer ot the Company,may,from time lo time,appoint
by written certiticates attorneys•in-tact to act In behalt ot the Company In the executlon oi policfes ol Insurance,bonds,undertakings and other
obligatory Instruments of Ilke nature. The signature ol any o(ficer authorized hereby,and the Corporate seal, may be aitixed by tacsimile to any
poweroi attorney or special power ot attorney or certification ol either authorized hereby;such signature a�d seal,when so used,being adopted by the
Company as the original signature ol such olficer and the orlginal seal of the Company,to be valid and binding upon the Company with the same force
and etiect as though manually aflixed.Such attorneys-i�-fact,subject to the Ilmltations set forth in thelr respeclive certilicates of authority shall have
full power to bind the Company by their signature and executlon of any such instruments and to attach the seal of the Company thereto.The President
or a�y Vice President,the Board o1 Directors ar any other ofiicer of the Company may al any time revoke ail power and authorlty prevlously given to
any attorney-In-(act.
r.�
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
to be signed by its vice president and its corporate seal to be hereto affixed this
""""'n� 2nd day of SEPTEMBER ,A.D. 1993
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'`�COIIIOtA1E�3 UNITED FIRE & CASUALTY COMPANY
.� 3
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�� �,,
�R'����d`` By �
Vice President
State of lowa, County of Llnn, ss:
On this 2nd day of SEPTEMBER 1993. before me Personally came MAYNARD L. HANSEN
to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of lowa; that he is a
Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of said corporation; that the seai affixed to the said instrument is such corporated seal; that
it was so affixed pursuant to authority given by the Board of Directors of said corporation and tha he signed his name thereto
pursuant to like authority, and acknowledges same to be the act and deed of said orpo tion.
� � LOIS M.�tflJCM1MkN f� Notary Public
� � ������Eg My commission expires NOVEMBER 10 .19 95
ow �'j0Ylfitb8���.��
CERTIFICATION
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing
copy of the Power of Attorney and affidavit, and the copY of the Section of the By—Laws of said Company as set forih in said
Power of AttorneY, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole of the said origina�s, and that the said Power of Attorney has not been revoked and is
now in full force and effect
�„������� In testimony whereof I have hereunto subcribed my name and affixed the corporate seal of the said
� �ti��'�iy'�. Company this �� day of M Q-� 19 C��
�``�C011�1A1E��
� E=AL �; �
°�b.� �p'r.'� `�/Y� Secretary
�vr�,����``
l�""''R
DOCUMENT 00900 - ADAENDUM N0. 1
Issued to all Bid Document Holders o£ Record
DaCe: May 4, 1994
Project Name: Cicy of Cape Girardeau, Missouri
Contract Name: Sani�ary Landfill Closure �
Contract No. : 93-109-4-001 `
This addandum forms a part of the Contract described above. The originsl
. Contract Docua�ents and any prior addenda remain in full £orce and effect
except as modified by the following which shall take precedence over any
contrary provisions in the prior documents.
SPECIFICATIONS
1. Yage 02200-2. Part 2, Paragraph 2.O1.D: Add the following
paragraph:
E. The Owner will provide topsoil material supplement that will
supplement the top 4-6 inches of topsoil. This material will
"� be located within the limits of the landfill property.
2, page 02200-9. Part 2, Paragraph 3.02.F.5: Add the follomf.ng
paragraph:
6. Topsoil MateriaJ. Supplement:
a. Distribute and incorporate material supplement into top
4-6 inches of final cover to provide layer for vegetative
growth.
b. Distribute material supplement by spreading over
disturbed area.
c. Incoxporate matetial supplement by discing.
CONTRACT DRAWINGS
3. Drawing Cl, Change Note 3 to read as follows:
3. Contractor has the following options by which to access the
site.
a. Use the east landfill entrance from Ho. Highmay 177 .
b. Obtain easement from Mr. E. Ross Young, 1532 Riverside,
Cape Girardeau, Ii0 63701, Owner of borrow area property
and construct one of zhe £ollowing at the stream
crossing.
1. Construct a low water crossing in che locatio�n
�. shown. This will consist of a drainage culvert
00900.FC 00900-1
021690
� having a minimum diameter of 12 inches covered by
the amount of fill required to permit heavy truck
traffic. All fill used to construct this crossing
will be rock or ocher similar grsnulas material.
Any washout of this fill material will be replaced
at Lhe Contractor's expense.
2. Construct a stream crossing with adequate drainage
to allow the passage of the 2S-year, 24-hour storm
discharge. Minimum drainage will be provided by 3
cmp culverts having 60-inch diamecers, placed at a .
minimum slope of 1 percent. The maximum roadway
elevation for this crossing will be elevation 370
and all fill material will be rock or other si.milar
granular material.
4. Drawing 3, Change Note 3 to read as follows:
3. Final Borrow Area elevations include the replacement of
topsoils.
5. Drawing C3. Change NoCe 8 to read as follows:
8. The top 12 inches of soil including topsoil shall be removed,
stockpiled and reused at completion af work.
.-.
6. Dra�in� C2. The finish grade contours indicated for borrow area
are modified per the attached Figure 1.
7. Drawing C2. 1"he attached Figure 2 indicates the location of
additional borrow material from Borrow Area No. 2. Depth of
excavation, side slopes, location of Owner access road will be
dependent on the required volume of excavation from Borrow Area No.
2, Borrow Area No. 2 will continue north and west as required for
completion of work.
�
00900-2 00900-2
021690
CHANGE ORDER #1
PROJECT TITLE SANITARY LANDFILL CLOSURE
CONTRACT DATE MAY 24, 1994
CONTRACTOR DANNIE GILDER EXCAVATING, INC.
The following changes are hereby made to the Contract Documents:
Apply additional soil cap material to approximately 2 .1 acres as
shown on attached Exhibit "A" . Seed, fertilize and mulch the same
area. Work to be done according to the Contract specifications.
l. Explore & survey area
-2 Hr. excavator $130 .00
-2 Hr, labor $ 3� .00 $ 164 . 00
2 . Dirt (see contract item language)
1, 400 c.y. @ $3.25 $ 4, 550.00
3. Fertilize & seed
(see contract) 2 .1 acre @ $1500 $ 3, 150 . 00
$ 7, 864 . 00
JIISTIFICATION
Bring soil cap up to the required 3 feet minimum thickness for an
area outside original contract limits .
CHANGE TO CONTRACT PRICE
Original Contract Price:
$ 349, 155.00
Current Contract Price, as adjusted by previous Change Orders :
$ 349, 155. 00
Current Contract Price due to this Change Order will be increased by:
$ 7, 864 . 00
The new Contract Price due to this Change Order will be:
$ 357, 019. 00
CHANGE TO CONTRACT TIME
�� Contract time will be increased by 3 days .
APPROVALS REQIIIRED:
To be effective, this Order must be approved by the Owner if it
changes the scope or objective of the project, or a may otherwise be
required under the terms of the Supplementary General Conditions of the
Contract .
Recommended by K.�-�.-- .L�..���. '� Date � � ' .�J"
C y Engine T—
r �
Approved by �'� Date �
�ity ManC r
Accepted by ����lt �,�:.�C=�� Date � �-�' � `��