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Home My WebLink AboutRES.2201.07-17-2006 BILL NO. 06-161 RESOLUTION NO. 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC. , FOR THE MAIN STREET PARKING LOT IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECTION 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Fronabarger Concreters, Inc . , for the Main Street parking lot improvements, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS _�� DAY OF � , 20��. �� I� ��/ 4 -`" � O � �i Ja . Knudtson, Mayor , , � T: v _ .:��1t`� ��`�� ." �, � `. '� �ayle L. onrad, City Clerk � r � = CITY OF CAPE GIRARDEAU : . DOWNTOWN STREET IMPROVEMENTS ` ` PHASE 2 - MAIN STREET PARKING . , STANDARD FORM OF AGREEMENT � ` BETWEEN OWNER AND CONTRACTOR ON THE BASIS �F A STIPULATED PRICE � THIS AGREEMENT is dated as of the o�,uv day of_�u�usv- in the year 20�by , and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Fr7nabarger Concreters, I nc. (hereinafter called CONTRACTOR). F Y OWNER and CONTRACTOR,in consideration of the mutual covenants hereinaftersetforth,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 pertormed under these Contract Documents consists of the � ` installation of concrete paver sidewalks, a concrete sidewalk, storm sewer, 1-1/2" , . asphalt overlay, parking lot striping, and other related construction items as shown on the Project Plans or stated in the Specifications , . � : 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 Sixt�(60 �calendar days after the date when f ? the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions,and � � completed and ready for final payment in accardance with paragraph 14.13 of the General Conditions within Seventy five ( 75 )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 , k times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Artic�e 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 Five hundred $500.00 for each day that expires after the time specified in paragraph 3.1 for Substantial � � A-1 . � � 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 ' f specified in paragraph 3.1 for completion and readiness for final payment or any proper extension : . thereof granted by OWNER, CONTRACTOR shall pay OWNER_ Five hundred $500.00 foreach day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract � � Documents an amount in current funds equal to the sum of the amounts determined pursuant to . � paragraph 4.1 below: 4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for each , separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. ' • Base Bid with Alternates Qne and two, minus Item #16: TOTAL OF ALL UNIT PRICES: one hundred two thousand four hundred forty-eight dol lars and sixty cents-------------------------------------------------------------- �$ 102,448.60 � � As provided in paragraph 11.9 of th�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 paymenfs; Retainage. OWNER shall make progress payments on account of the Contract P�ice 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 d � General Requirements. � � 5.1.1 Prior to Substantial Completion, progress payments will be made in an amounf 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 r� A-2 . p 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: a ` 7.1 CONTRACTO.R has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, � : including "technical data". , , 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface ' r 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 = k 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 �_'� A-3 4 F 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 addi6onal examinations, investigations, explorations, tests, studies or data are necessary for ttie 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. , r 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 conceming the Work consist of the following: ` ` 8.1 This Agreement (pages 1 to 6 inclusive). � � 8.2 Exhibits to this Agreement(pages_to_, inclusive). 8.3 Performance, Payment, and other Bonds, identified as Exhibit_and consisting of_pages. � • 8.4 Notice to Proceed. ` A 8.5 General Conditions (pages 1 to 55 , inclusive). � 6 , . 8.6 Supplementary Conditions (pages SC-1 to SC-4 , inclusive). � � 8.7 Specifications bearing the title DOWNTOWN STREET/MPROVEMENTS PHASE 2—MAIN STREET PARKING. Dafed—JUNE. 2006 , T 8.8 Drawings bearing the title DOWNTOWN STREET IMPROVEMENTS PHASE 2—MAIN ' ` STREET PARK/NG LOT 8.9 CONTRACTOR's Bid (pages BF-1 to BF-8, inclusive) marked Exhibit A . ! 1 8.10 Documentation submitted by CONTRACTOR prior to Notice of Award (pages_to_, inclusive). � � _ 8.11 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments apd other documents amending, 6 b A-4 5 p - modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the . General Conditions. r T . . 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 � T 3.6 of the General Conditions. x F Article 9. MISCELLANEOUS. � 9.1 Terrns 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 pariy hereto, , its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract d a Documents. S f - - 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. R � a6 tr ic + r ry � h t + S i � A-5 , . � - IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and fou� ` ' counterparts to the OWNER. All portions of the Contract Documents have been signed,initialed or : k identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. f = This Agreement will be effective on /� �Gusr 2006 , (which is the Effective Date of the Agreement). � A OWNER CitY of Cape Girardeau. Missouri CONTRACTOR Fron�barger Concreters, Inc. ' ` Dou las K. Leslie Glenn Fron��bar er F � By: µ d�— �, � p .��'�' ' S }-� \. �" L � t . � c��;,�� , � „�- �,� �_. � f ,�. � .,``'�� ' -- , . F�� r; ``�ijCOf��'Q T SEAL] [CORPORATE SEAL] - ��i`:�.: ,1 ' '� • ` �� ,e,h'„�,�,bt� ,�T� �-.-�_�,� � , � Attest , .. , �, ,�T y�,,✓ G A'►< .4. CG NRAd � . '�ving notices e"�' e�� Address for giving notices ► � , � 401 Indeqentlence Street 3290 state Hwv E � r Cape Girardeau. MO 63703 oa� Ric7qe, r10 63769 � 1 (If OWNER is a public body, attach License No. evidence of authority to sign and ' resolution or other documents Agent for service of process: t � authorizing execution of Agreement.) 1 A (If CONTRACTOR is corporation, ` ` attach evidence of authority to sign.) � r l..D E i � 1 . i ➢ \_s s � A-6 r > � "EXHIBIT A" CITY OF CAPE GIRARDEAU DOWNTOWN STREET lMPROVEMENTS PHASE 2—MAIN STREET PARKING BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: Downtown Street improvements, Phase 2— Main Street Parking consists of the instaliation of concrete paver sidewalks, a concrete sidewalk, storm sewer, 1-1/2° asphalt overlay, and parking lot striping and other related construction items as�shown on the Project Plan� or stated in the Specifications for the City of Cape Girardeau, Missouri. . ._j.. . ... . THIS �BID IS SU-BMITTED TO: CITY OF CAPE GIRARDEAU, MO � 401 INDEPENDENCE STREET � � CAPE GIRARDEAU, MO 63703 1. The undersigned�BIDDER proposes and agrees, if the Bid is accepted, to 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 ind'rcated 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 Ad�ertisement 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: BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, f2C@Ipt Of aII WIIICII IS I18feby aC{CfIOWIeCJg@CI: �List Addenda by Addendum Number and Date) _�� -. ��,., �.�„`��,� ; . . . (b) BIDDER has visited'the�site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; ' BF-1 � (c) BIDDER is familiar with and is satisfied as to all federai, 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 Generai 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��Ge ctrpocu eIn'ts a d� mayn ot be�complete for such reports and drawmgs are not C BIDDER'S purposes. BIDDER acknowledges that OWf�ER and Engineer do not assume responsibility:fo�.,accuracy or completeness of information and data shown or indicated in the Bidding Docuriments 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 conditiohs (surface, subsurface and Underground Facilities) at or contiguous.fo,the site or otherwise which may affect cost progress, performance or furnishing of the UVork 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 tleterrnination 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: (� 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 B�IDDER has�discovered in the Contract Documents and the written resolution thereof by,:ENGINEER i� acceptable to_BIDDER, and the Contract Documents are generally su�cient to indicate and convey understanding of all terms and conditions for performing and furnishing the Wprk for which this Bid is submitted. (h) This Bid is genuirie.and n�ot made�in the interest of or on behalf of any undisclosed person, firm or corporatidn and is not submitted in conforrnity with any agreement or rufes 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 BF-2 , >olicited or induced any person, firm or corporation to refrain from bidding; and BIDDER ias not sought by collusion to obtain for itself any advantage over any other Bidder or over �WNER. E. BIDDER will complete the Work in accordance with the Contract Documents for the ollowing price(s) UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL • Q-J-y. PRICE EST. PRICE � 1 REMOVAL OF EXISTING L.S. 1 � IMPROVEMENTS �� 3 ,"� 2 TRAFFIC CONTROL L.S. 1 a.�' � �� 3 HOLLAND STONE PAVER SQ.FT. 1,330 � SIDEWALK (D�`� `� ;� 4 HOLLAND STONE PAVER SQ.FT. 740 CROSSWAI:K (p,—� y�Q,� 5 7"P.C.CONCRETE SIDEWALK SQ. FT. 90 WITH 4"AGG. BASE �, �p �0 5,� 6 6"P.C. CONCRETE SIDEWALK SQ. FT. 2,160 WITH 4"AGG. BASE �,3$ � �3(0;� 7 4"P.C.CONCRETE SIDEWALK SQ.FT. 1,980 WITH 4"AGG. BASE� � q R S � aQ 8 CURB ANb GUTTER SECTION (6" LIN.FT. 1,220 � WIDE CURB � ,S�/na �p 3�°�' 9 12"WIDE CURB LIN.FT. 525 s. �� e �.� Sp� 10 6"THICK CURB RAMPS W/ EACH � 6 TRUNCATED DOMES �SQ� 3 at��r� 11 3'x 2'CURB INLET EACH 2 �SD�o,� 3 �,��a.� 12 15" REINFORCED CONCRETE LIN.FT. 25.34 PIPE,CLASS 111 ��y� �y lo��,� 13 EXISTING CONCRETE PVMT. SQ.YD. 25 REMOVAL AND REPLACEMENT �',� � �SO.xn 14 FLAG RELOCATION EACH 1 „ � 15 6" DIA. STEEL PIPE BOLLARD EACH 8 °—�' r� G�, °� � i y��{ �{ � 16 1-1/2°BP-2 ASPHALT OVERLAY SQ.YD. 7,910 ,3 ao � - �Q � 17 PAVEMENT STRIPING L.S. 1 � 1 s9.� ��sQ, °� 18 SIGNING L.S. 1 �� n a�, TOTAL BASE BID FOR ALL UNIT PRICES . . . . . . . . . . . . . . . . . . � r9 �a -OFLI.'1 lV/1, ��T�`.�._ S i�'��y `�q� �NCeLL�Jr�� N r�3�� `— , 1I'Ov�,��r � (Written figure) BF-3 Aiternate No 1 =Holland Stone Pavers (�a, Pavition NO ITEM UNIT EST. UNIT TOTAL QN PRICE EST. PRICE 1 UPGRADE FROM 4"CONCRETE S.F. 1,070 a0 SIDEWALK TO HOLLAND STONE � ' '-' :��`�,Q�� PAVER SIDEWALK TOTAL ALTERNATE NO. 1 BID FQR ALL UNIT PRICES . . . . . . . �3 �,o,.,� iiuilMJ ��n n►,artl�GO 1��`� ��_�.�sna� ^'t►� — - - (Written figure) � Alternate No 2 — Hoiland Stone Pavers (a� Eas# Sidewalk NO �: ITEM UNIT EST. UNIT TOTAL Q-i-Y. PRICE EST. PRICE 1 UPGRADE FROM 6"CONCRETE S.F. 2,140 ��, � SIDEWALKTO HOLLAND STONE .�, � S��p�-I.�� PAVER SIDEWALK TOTAL ALTERNATE NO. 2 BID FOR ALL UNIT PRICES .. . . . . . . �51(p�-` ,°�e,, �I-'► �rD�av� Siy, �t+c1r� �e�rz�•r� an�a� =�-�1�ar�e , (Written figure) . N ote: ' Unit prices for Aiternate No. 1 and Altemate No. 2 shall be sufficient to cover the costs associated with upgrading the proposed concrete sidewalks to paver sidewalks. In selecting the Low Bidder, the Owner will consider the amount of the Base Bid and the addition of alternates, if any, which will be in the best interest of the Project. (Total bid amounts are�to be shown in both words and figures. In case of discrepancy, the amount shown in words,will govern. ln 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 constit�te the Bid�:), Unit Prices have beer� computed,in accordance with paragraph 11.9.2 of the General Conditions. � . B F-4 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 sixt 60 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 seventv-five (75 ) 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 c�ndition of the Bid: (a) Required Bid Security in the form of c4� i�.� &�-� (b) Required BIDDER'S Qualification Statement with supporting data: (c) Any Addenda issued. : . 7. Communications concerning this Bid shall be addressed to: Name: �._.��f I�I��.,r�+J Address:y�_�'srs-r�� '� `� �'�� —�II----��— � (a) Performance and Payment Bonding Comp ny Name: ��t� �.�� -aar �. Address: �'� �J �3� �_�..�r+�f ��Pu� .1�h��0�` Agent/Power of Attorney (if used): ��ccu � � �ca�• Address: ��.5�� AA� �i�.ir�Ra ��'1�r-a��a,► Ma �'� � 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. 9. This bid is submitted:on '"'�'�► .i � 1` , 2006. 10. State Contractor License No: C�1�I(e2.��- BF-5 IF BIDDER is: An Individual gY� ��' (SEAL) (IndividuaPs Name) doing business as Business Address: Phone No.: A Partnership ' . � gy � �� ; ; �sEa,�, �- . (Firm Name) . (Generai Partner) Business Address: � � � Phone No.: � . � � �. , � . BF-6 A Corporation �--�_ .. �, _ ,._., , By��T�L��x � ��, +�{ (Corporation Name) ;;} ,,�y�'�� :�`�'��: _`-•�• (State o incorporation) � ,n��ni �, ��` �, �� ;,,,•'.=�':`,..,,,, . ,;p�'�',�r.� (Name of per o authorized to sign) � ,,�' . �:,. .;;.. �:;:: ` z�� :'�c ,,.. ��, ;�F, F -�: �r �-� (Title) :sR�'��1<�:. ;:�t �'er;'��' �' ��C�;'��;��.�;. � . 3; ��'+,�r.}�,+��y%•'� , � . � � � � ��'A��r�t�`�'�'�� " .� �, � • (S retary) � > ��+� �- l�rtrir�i��''� ,� � . 3 Bu��"`� ��tldress:,��a �sr� �s��. � �.��a: �� . . �3 . , �� ►�� ►•�Q `��4 --�— Phone No.: �5�.��c�n=��..1� Date of Qualification: �q�� A Joint Venture gy . (SEAL) . � (Name) � �. (Address) gy (SEAL) (Name) (Address) � Business Address: • , , Phone No.: � � (Each joint venture rnust 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.) BF-7 BREAKDOWN OF WORK FORCE (Required}: BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: `Re.Maa� c� 1 c�tew�e� �'� — CJ� �'��n �Q��„ (��' , � � _ It is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Company) (Type of Work) ��, t� �ih,2�C�i� �-�' �t-�R ll�/�f� ��,� � ,�5��.�- �.�,��,��4� � � ��-+� �1�,��r , . , BF-8 ,m,. .,t . - . - - qr -y,. .,- y�- e �-',� -�-. _ �� rs�.....��r..�!�Y�y„_Y,;_�..�i:fxik�..,�.f�`��'�`�'�'.�-.:v::i,«P�::�::,-.,-a:..�'�3:s.G�.'�° . ;c.._...�'.�,�n..z:,r,_:ru-,.�.�..__�.�.. _.-ar�.�..,a�r,.._.'sr-ic-.:,..,_r.:.::s4 , ,.�;i..c:..r��ncc.a�+..e'....rsn_...,.�,.��is,:.�,�a 7078 Wolverine Lane;Svite 1 P.O. Box 413 Cape Girdrdeau,MO 63701 Puxico,MO 63960 Ph 573 339 5900 Ph 573 222 2400 - Fox 5T3 339 1391 .e_ � www.bowenengs�rv.com .��.. E�1GI�EERI�IG & SURVEYING Incorporated � June 30, 2006 To: All Planholders , � � Re: Addendum,# 1 Downtown�Str.eet Improvements Phase 2 Ma.iri Street Parking City of Cape Girardeau MO ;� The following chahges have been made to the: SUPPLEMENTARY CONDITIONS The foilowing pages SC-1 and SC-2 of the above referenced project have been amended. P.lease refer to these changes when preparing your bid documents. Copies of these pages are included. .: . This addendum m�ust be signed and attached to your Bid Documents. ` � '�" . x ,� �;, �� s� ,. :��f.��s�fi��ia�Jl j `�,:f } S � Date: 7 �l �' , 'r , . . a . �' � � ;,C,p� `-,` �,�s ' *.Z �J � �V'. C) f*rr:. � �,, :G)'r. � ' U;�� `' � � :�•._ � � ;.� y� J�� ,�£�r' �•� � � ;� ,�' �.�,. �`, n r;n � � � . .. .��// �, -,�,;�.� ��. f/� , r.� .. �� `��y;+ � ///��/`/�I��r y� F' /1 �I��,�y�`�J,�'� �. � Yf��.{ . '•�� 1r '�Sil�,r��(/�/V"\+ _ w Chris Bowen President ' � ; . Consulting Civil Engineers Land Surveyors Testing Laboratories _ CITY OF CaPE GIRARDE;�U LINDEN STREET WIDENING AND IMPROVEMENTS SUPPLEMENTARY CONDITIONS EJCDC 1910-17 (1990) These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No 1910-8) (1990) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supptemented remain in full force and effect. SC-1 The terms used in these Supplementary Conditi ns have the meanings assigned to them in the Gen�ral Conditions. _ SC-1.18 ENGINEER'S Consultants as defined in the General Conditions are: -1 .. .:. t � 2. � (Name and Address) �� '`"'� �', ,�03� (Name and Address) 3. � ' (Name and Address) SC-2�.2 Amend the first sentence�:of.paragraph 2.2 of the General Conditions to read as follows: "OWNER_ shall furnish to CONTRACTOR up to six,(6) copies of the Contract Documents, as are reasonably necessary for the execution of the work", and as so amended paragraph 2.2 remains in effect. SC-2.7 Delete paragraph 2.7 of the General Conditions in its entirety and inser� the following in its place: "GONTRACTOR shall deliver certificates of insurance with the executed Agreement as set forth in paragraph 18. of the Instructions to Bidders. SC-5.3.2 Amend paragraph 5.3.2 of the General Conditions by deleting the second sentence in its entirety. SC-5.4.1 Workers'Compensation and Em_.ployers' Liabilitv Insurance� This insurance shall protect Contractor against all.claims under applicable state workers compensation laws, including coverage�.as� necessary for the b.enefats provided under the United States Longshoremen's and Harbor 1Norkers' Act and the Jones Act. Contractor shall also be protectetl against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. This policy shall include an "all states" or "other states" endorsement. SC-1 The liability limits shall be not less than: Workers' compensation Statutory Ernployers' liability � ; ` �(��0� SC-5.4.4 Owner's Proteetive Liability Insurance. This insurance shall be issued in the name of OWNER and shall protect and defend OWNER against claims arising as a result of the operations of CONTRACTOR or CONTRACTOR'S Subcontractors. - The fiability limits shall be not less than: Bodily injury and property damage w�` �.,= -.�:��;0'C�combined single - I mit for each occurrence* : � - ;.: , -:�3�: each person* � SC-5.4.5 Commercial General Liability Insurance. This insurance shall be occurrence type written in comprehensive form and shall protect CONTRACTOR, and OWNER and ENGINEER a�additional insureds, against claims arising from injuries, sickness, disease, or death of any person, or damage to property arising out of performance of the Work. The policy shall also include personal injury liability coverage, contractual liability coverage, completed operations and products liability coverage, and coverage for blasting, explosion, collapse of buildings, and damage to underground property. . The liability limits shall not be less than: � b Bodily injury and �'�� 3':Q�.�- combined single property damage limit for each occurrence* � �;�3��each person* SC-5.4.6 Comprehensive Automobile Liability Insurance. This insurance shall be occurrence type written in comprehensive form and shall protect CONTRACTOR, and OWNER and ENGINEER as additional insureds, against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, either on or off the Project site whether they are owned, nonowned, or hired. The liability limits shall be not less�than: �� Bodily injury.an;tl . : ��0�:0� combined single property damage , , limit for each occurrence* , • . �� , �. � ��'0�"-�each person* *Plus increases as pror�ided by Section 537.610 RSMo. S C-2 , a THE AMERICAN INSTITUTE OF ARCHITECTS � ��-�� „ � AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we FRONABARGER CONCRETERS INC 3290 STATE HWY E, OAK RIDGE, MO 63769 as Principal, hereinafter called the Principal, and United Fire & Casualty Company, P.O. Box 73909, 118 Second Avenue SE, Cedar Rapids, lowa 52407-3909, 800-343-9130 a corporation duly organized under the laws of the State of lowa as Surety, hereinafter called the Surety, are heid and firmly bound unto City of Cape Girardeau 401 Independence, Cape Girardeau, MO 63701 as Obligee, hereinafter calted the Obligee, in the sum of Five Percent of the Bid Amount Dollars (5% �, for the payment of which sum well and truly to be made, the said Principai and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointfy and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Downtown Street Improvements Phase 2 NOW,THEREFORE,if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accor- dance wi[h the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Dowments with good and suf- ficient wrety for the faithtul performance of such ConUact and For the prompt payment of labor and material fumished in the prosecuUon there- of,or in the event of the faflure of the Principal to enter wch Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penat[y hereof beNveen the amount specified in said bid and such larger amount for wfiich the Obligee may in good faith conVac[with another party[o pertorm Ihe Work covered by said bid,Ihen this obligation shall be null and void,otherwise to remain in full force a�d effect. _'��99?`'`_:.:;: . }'':�F4� . . � ,''1N/l{IUllll//I'��:,�y: Signed and sealed this 1 Ith day of July 2006 .� ; I t�r� ''�i � r��t''��l.I;':' .. •: �r,,,.;"t/�� FRONABARGER CONCRETERS INC �,= ,�� '�� `, ,��;� 1 N1�r M,�,I�, (Principal) � _ E�S2��}��a � `��,�,6� r9�' j ��)'}� l.i..[,r. �� . �1�fS5� � � ��t� �,,,�'/��l��!•�} �S'«��'�,r� � �J + .. �. : (Title) ��.� �,� : . �'�ij�f1~tr��F�t�E� ��ti��,�;�`I �tr�li�}��it1��r, f'' United Fire& Casual COI'll an .+`� �`��,� �1fJMs,r�,�� . 1 � '( / � � ` ' `�' �,1�,�� `r� �/`�--�,.� � � (Suretyl t � ��° � �1,., r � ,� � � ��{. �� ,��,,�� (Witness) T� � ((``F' �4 a Ef`�"L h w < � �+ `Pnscilla B.Hunter,Attornev-In-Fact = `r � <�� '"" ' —�—�-� � .: �.� r�� (fiNe) r � �'i 3�� ~ � ` �:t,�� ,J � I'�; ',. : ti �. +.l �t ` � is:' AIADOCUMENTA370�BID BOND�AIA��FEBRUARY 7960 ED�THEAMERICAN ' ' ��(�,� � ,` q ��;�y �:r INSTITUTE OFARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.2000G yt `^�i�.� J� '!;': � �•` ��i �)Ir�$P�t4i';t{i' '� 4 e '4 ,: , ; _ `e>` ' ' ACKNOWLEDGMENT OF SURETY State of Missouri County of Ca've Girardeau On this 11 th day of Juiy 2006 Personally appeared before me Priscilla B. Hunter who being duly swom did depose and say that he/she is the attorney-in-fact of the United Fire and Casualty Company of Cedaz Rapids,Iowa,that the seal affixed to the attached instrument is the Corporate Seal of said Corporation,and that said instrument was signed and sealed on.behalf of said Corporation by authority of its Board of Directors and the said Priscilla B. Hunter acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. ,��U11Nf/� � ;°�::�`•o°- DORIS MOORE � ��.o A:;:A_NotarC y�puGlracrlde��ssourt �, n r:`_' ` �Y�— %y�` `•:,'' M� Commisslon� 5458164 �''�%�%8��'� Explres October 18, 2009 Notary Public iJND-20316