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HomeMy WebLinkAboutRES.2223.11-20-2006 BILL NO. 06-246 RESOLUTION NO. C�G��3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC. , FOR THE 2006 CONCRETE OVERLAY PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Fronabarger Concreters, Inc . , for the 2006 Concrete Overlay Program, 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 ��(�,�1.. DAY OF �v'F--�� , 20 �CP . ,,,;,,._..�..R,._.. v�`�,,. . ��� �{e � . k `°.l O �;,� � .t �r' � `"�? ay . Knudtson, Mayor � �° . ' T �� ' ���...,' � v .-. .�;�EST: ,� *ra� �;,q_ -- �, �,� 8 �.,:.✓-�i'� � Gayle Conrad, City Clerk CITY OF CAPE GIRARDEAU 2006 CONCRETE OVERLAY PROGRAM STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the �9n, day of D�e.��,�,e in the year 2006 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Fronabarqer Concreters, 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 overlay with concrete, concrete curb and gutter, concrete drives, raising of manholes, placement of storm pipe, ditch grading and other work as indicated and other necessary appurtenances on Spartech Drive in Arena Park for the City of Cape Girardeau, Missouri. 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 co�npleted within sixt 60 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 ninety (90) 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 A-1 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 dollars $500.00 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 five hundred dollars 500.00 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 seventeen thousand fifty-six and 90/100 dollars ($117,056.90) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments;Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments A-2 � previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50%completed as determined by ENGINEER,and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work(but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95%of the Contract Price(with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed 6y law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. A-3 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified 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: 8.1 This Agreement (pages A-1 to A-7 inclusive). . A-4 8.2 Exhibits to this Agreement (pages BF-1 to BF-7 , 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). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive). 8.7 Specifications bearing the title 2006 CONCRETE OVERLAY PROGRAM . 8.8 Drawings. 8.9 Addenda numbers 1 to 1 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF-1 to BF-7 , 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 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. A-5 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These may be provided on a weekly basis or submitted monthly with each pay request. A-6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions ofthe 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 �ccEn�l3Er2 a 9 , 2006 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau CONTRACTOR Fronabarqer Concreters, Inc. Douglas K. Leslie Cit Manaqer Glenn Fronabarqer, President „�._,�._ r � - ��. . `... � ; . �.���� � , , � [ O ORATE SEAL] • " [C ORATE AL] f�;!� �� `..` . .� �p �'` f Attest �� Attest ,� �, �'' ��� � �`� G y'�E � e Co�"��C '�`�; � Address fdr�giving nofi�es Address for giving notices � �'_..,..._ , '� � � � -40� Inef�f�endence Street 3290 State Hwv, E L��::� :, ,� ����Cape Girardeau, MO 63703 Oak Ridqe, MO 63769 (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-7 1 '�.J r . � � � � EXHIBIT "A° CITY OF CAPE GIRARDEAU � 2006 CONCRETE OVERLAY PROGRAM � BID FORM - (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of an overlay with concrete, concrete curb and gutter, concrete drives, raising of manholes, placement of storm pipe,ditch grading and other work as indicated and other necessary appurtenances on the following street: Spartech Drive in Arena Park for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED 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 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 �nstructions to Bidders, including without limitation those deafing 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: � (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, C2C@Ipt Of aII WIIICII IS Il@C2IJy aCknOWIeCIg@d: �ListAddenda byAddendum Numberand Date) � " L-uL1�1�1"^ � � �aJ�M�F Z � cZ��n { ,, � 1 � ' _... BF-1 � . � . � (b) B►DDER 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 � provid.ed in paragraph 4.2.1 of fhe General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to � rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume � responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibilityfor 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 considerthat 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. � (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 indicafed in the � Contract Documents. � (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations,tests, studies and � data with the Contract Documents. (g) BIDDER has given Engineer written notice of 'all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to.BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. _. , � B F-2 � : � (h) This Bid is genuine and not made in the interest of or'on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules � of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER � has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the � following pcice(s) . UNIT PRICE BID � NO ITEM UNIT EST. UNIT TOTAL t QT�, PRICE EST. PRICE � 1. Concrete Overlay SY 3527 � (� $ � Q(� 2. 6"Curb and Gutter LF 148 ���,Q� $ � � � If � 3. ConcreteDrives SY 724 $�� , �(� $ a'iey0 � 4. Type 5 Aggregate Base SY 480 � "�, $ �� .��.:: 5. 15"RCP LF 202 � �� ,QQ $��� � 6. 15"FES EA 16 � '���Qj $ � �Q,� 7. 24"RCP LF 129 $ a�,�O $ � 8. 24"FES � EA , 3 $_��_ $_ O d �� � 9. Junction Box EA 1 $��j�, OQ $ (o'�j�� QQ 10. Rip Rap SY 12 � (� $ 3(dQ*Qp � 11. Adjust Manhole EA 1 $ �O� $ �5Q�OQ - 12. Ditch Grading LF 740 $ oa $� Q� � 13. Traffic Control LS 1 $ , .Om $ �Q.L�� � 14. Erosion Control LS 1 $ '��,j�Q $ "�(� ,U(�J �5, SG��►'X6� r,�t���+��� iS 1- .� ISI�Qa�Q � ��(�0 .00 TOTAL BID fOR ALL UNIT PRICES : �$ /��(�.�b .Q t� � , �1�F �'IJ,,hnl�t�n �w�,��l �hl��� �►�v'-.�i�c A�nl'1� � �Li�2,s' � � (Written figure) � B F-3 � � . -.� � (Total bid amoun# 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 ext�'nsion, the unit and lump sum � prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute fhe Bid.) � Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. � BIDDER acknowledges that quantities are not guaranteed and final paymentwill 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 afterthe 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 ninet 90 calendar days after the date when the Contract Times commences to run. � BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. � 6. The following documents are attached to and made a condition of this Bid: � (a) Required Bid Security in the form of bid bond or cashiers check. (b) Required BIDDER'S Qualification Statement with supporting data. � (c) Any Addenda issued. , 7. Communications concerning this Bid shall be addressed to: � Name { A..�e� �� ����,a i Address ���S�r-_�ti°�! � Q �►��-�� N14� (�3�,,�_ (a) Performance and Payment Bonding Company � � Name � Address P 0 1 L ' �- �ay��°�; � Agent\Power of Attorney Name (if used) �� �� ��r��v�� Address �� � /��. Q�,c�l �'�=�,�4F� ��rar��T��`3�'I � 8. Terms used in the Bid wh.ich are defined in the;.General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. � SUBMITTED on 1�1 �� , 2�Q6 . ' State Contractor License No. ��� B F-4 IF BIDDER is: An Individual gy (SEAL) (Individual's Name) doing business as Business address: ± Phone No.: A Partnership gy (SEAL) (Firm Name) (General Partne.r) Business address: Phone No.: A Corporation gy (SEAL) ( orporation Name) I�tLP� (S te of Incorporation) (SEAL) �';') (Nam f Person Authorized to Sign) y �r1 � k�g`•����� ��t� t `g' (Title) C"9 ?�x.yj',i�Sl4jilii�! J 1 -�t + ttS 7e� , r? ���� �i�l��'�If s��9ia,. � 4a, „�,���rpb�-�t€�ea.l) � �r~`� �� -•�y • �l �l, f � _ �� ���� .('?`� �/� .��I� .T.._, ��� � a� � ��t � �,�;,� �, < , � w:� `�,, � w;:, '' ;�' ,� (S retarY) ,< . � ��- »''•'�u'sir��s�,Ta;c�d ss: �:� , : } ,,. � , ; '��,�� .��PJ I ` k�;��` i � �,r��i,�, ;�+� +�' � Ptione�`No.: ���� �� ��12 Date of Qualification to'do business is 1�� B F-5 � � A Joint Venture SEAL ( ) gy (Name) � (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.) - � � $REAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform the following items of work directly without � employment of subcontractors: �1(�tCM ��u/t�R �R�tAY�. l ,a�neQ�-n= WS2��2��d� M.��, � 1 � � � � � ' BF-6 ` It is anticipated that the following subcontractors wili be employed for work on this project: SUBCONTRACTORS: - (Name) (Type o�Work) �I� ��-- � �� 1 � . i . � � : , B F-7 ,� . � • ADDENDUM NO. 1 DATE: NOVEMBER 2,2006 PROJECT NO: 4189-2006 CONCRETE OVERLAY PROGRAM LETTING DATE: NOVEMBER 7,2006 @ 10:00 AM LOCATION: OFFICE OF CITY ENGINEER OWNER: CITY OF CAPE GIRARDEAU, MO ENGINEER: CITY OF CAPE GIRARDEAU ENGINEERING DIVISION SUBJECT: ADDITIONS TO THE PLANS AND SPECIFICATIONS The following revisions are hereby made to the above named Contract Documents: ITEM I: Add one (1) 8%2" x 11" sheet titled STANDARD DETAIL TO MATCH EXISTING PAVEMENT to the plans and specifications for the 2006 CONCRETE OVERLAY PROGRAM issued by the Engineering Division of the City of Cape Girardeau, Missouri, dated October 2006. ITEM II: Section 702.1 Fibers. Fibrillated polypropylene fibers shall be added at a rate of 3.0 pounds per cubic yard(1.8 kg/m3). The fibers shall be'/4"in length. All fibers shall be measurable by weight(mass). Fibers may be measured in bags,boxes or like containers with approvai from the engineer. The containers shall be sealed by the fiber manufacturer and shall have the weight(mass)contained therein clearly marked by the manufacturer. No fraction of container delivered unsealed,or left over from previous work, shall be used unless weighed by the designated representative of the City Engineer. Fibers shall be added to the concrete mix and mixed according to the fiber manufacturer's recommendations. ITEM III: Section 702.1.2 shall read: Minimum Cement Materials content 597 pound per cubic yard. Fly ash will not be allowed in the mix design. ITEM IV: Add to BF-3 -- # 15. Seeding and Strawing Lump Sum $ 15op, 90 This�cover she�t (Page 1 of 2 Pages) to Addendum No. 1 must be signed and a�ta�k��C't¢yc�ur bid documents as well acknowledged in the bid form on page BF-1. ,,< �, ,,ti ,,r „F'�d�i�Z�r+er;���al�'��sp� w��l make the bid invalid. � �� C � �" � r�r r� ;' �� 'f C� E � . � � � �� � �� .�, f; ^ ��� 1 �4 r�� �3V �ia e•a� so�i-Au�"orized to S' for the Company) (Date) �. , r ,. .�,, ,;: m � �`�,. � ��� ��;�fll �i11�1���� ;s; 4; � Page 1 of 2 Pages ' ' L 4 �=y � 4 � f � e . � � � Z � aW � R a ��� f�1 3� Wwa � UU aa.Q� � � a w .-. �s � C7 Z a� �'WY � s z �� � DU U -i z (,V 2 w \ ~ � �va �W� � � . �.\ �n ,� '���\ �- W c�� w=_ � � � � az ►-� ¢ e � ln \�� X Q �Q� WQ� a � N �\� W G- �o� p�oZ w \\ ��p �., a' �\, ¢QN �F-� � \�\ f Zw wZ a \ �" � y: 0 z W�j.Z.. =t�Z (7 �� U� W m ¢z �w� a •,�` �Ww � a �::° � W =�� �WW � ..r.• O � ��.V �� � '•� � Q D�W yWOQ O .., t�; � Q. �a� Uw�F a :i'. �' (�� m�lYj= O ,'%•' � (=!1"W C9Wm� i0 •. �Q Y�O .i» v W H Z r;�� niHla-w �''� � � z d1 LL O � � ro '-� a } ~ W � a w \ 0 N M � / � O W O Z W Q W � N � a c� F— � = z W � a �t�;� � o ~ � W i � � :�:��.° a � �—, U � i .e��;;; � ���;. � N '< Z Q ,� •i'%„-: z W .!�.:r",�,'�' w � Z O OL •':*'�s . ::%,;•;'"` � U O �:.:, Z � � z Y" W � '�. .}�?"�,'f,. ,� � � � Q (, � f�;�;��?a."•i" W ,,;,,l;;� � � 4+,;`';i2'�?.l'�'' Q :�?;Y''t'w''a""`r'" a W � W �„i' :•;<.��,�,;,y�;�.':�, O J a � �.� �,Y' �f• � . ., •t.'y{",,,, ;�,;, Q � 9Q �<��:`'�+„''',''v;�;�,�; Q `:,a`, ' � � C.> � a � a � N . ,..a ; � o M+,,,,��/\� ✓••��������• � •���''� Q O . V. .-� �� va' � ' �'��:' �' '�x � z • •.�C. Q i • >-� ' ` p �� : ,�H : �: z J _� s N ' ' '�J: Q Q ►,y�. ��. c� O� �.`� ��—/� U�/� ��I� �•��������������• ���, V/ V 1 ., ,�S ,� p �,. . � .+ ��'`'�����,���►► + 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 & Casuaity 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 held and firmly bound unto City of Cape Girardeau 401 Independence, Cape Girardeau, MO 63701 as Obligee, hereinafter called 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 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 2006 Concrete Overlay Program NOW,THEREFORE,if the Obligee shall accept the bid of the principal and the Principal shall enter into a ConVact 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 Convact Documents with goo�l and suf ficient wrety for the faithful pertormance of such ConVact and for the prompt payment of labor and material fumished in the proseci]t�on�e�e- � of,or in the event of the failure of the Principal to enter wch ConVact and give wch bond or bonds, if the Principal shall pa�td;(h���blige� �� the difference not[o exceed the penalty hereof between the amount specified in said bid and such larger amount for which;ft�A��bl�ge�mhy , � in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and vbid,�otFjeYwis�to �-' ` remain in full force and effec[. r�;� •���� �: � `; {:� �t �' �� � ;r , ;� Signed and sealed this 7th day of November ,, 20�Ob',, '�� z ,f � , ,.� FRONABARGER CONCRETERS INC ' " ' �' :, , , ', i` ,'��fi , (PrincipaD (5eal) '� � ��� (Witness) � � `'� �'� } .{� ,f. , ,� (T le) :s4, s .�e:, � � . �'����xt � �� i United Fire& Casualty Company:`, J ' ' � i (Surety) ` �Seal) f ,,, 'r�. p s J 6� u'+h _ �� '. r ;. Y-.. (Witne55) �( ' {. .71 S f �� .�'. fi �r� �� �� ��, av�}� � �� ��:�� �W � (fide) '. ` ', ,� �,`. � ,, ✓ ' ��� 4�� ��Qk..'. Todd A. Ward Attorney—In—Fact 'P� ;j�a��`k, �` ` AIADOCUMEN7A310�BID BOND�AIA��FEBRUARY 1960 ED�THEAMERICAN ��` t�tti�!�i�� INSTRUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 's' ' ' UNITED FIRE&CASUALTY COMPANY �pr��l���,��OND 000031�2,�3��� Home Office—Cedar Rapids, lowa � `� � � � �,;;,� � ���,���'� � ��� #�� Certified Copy of Power of Attorney � ����e C p Cap �i ar e� �,;. (Original on file at Home�ffice�f C�mpany—See Certification) �.._.,, � �4:01;�:nd: �en. e�G� x ,�. ' �: Cape Girardeau, MO 63701 KNOW ALL MEN BY THESE PRESENTS,That the UNITED FIRE&CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of lowa, and having its principa)office in Cedar Rapids, State of lowa, does make,consti- tute and appoint ;: CHP�R���S�111 D�Gk�CFR,E0�2 S��RON GLASCO, OR ALAN H RAUSENBERGER,JASON RAUSE'�BEf��`ER,C�E2�C�N�i��E, IL,OF�",T�C�L?,d;�;'ARD,OR NANCY STRAUSER,OR PRISCILLA B HUNTER, ALL INDIu�IQUA#:LY of 1707 N MTAU'�UI�N R� STE S;CAP�GIf�Af�DEAU, MO 63701 :;, , , � " ;+ � ,� = , � � � ;�� �,° �3 � its true and lawful Attorney(s) in-Fact with power and authority hereby con�erred�to si�n�s�a�a�id exec`�te il�lts I�eFt�l��'p� �aw- ful bonds, undertakings and other obligatory instruments of similar nature�s�t�Iq� �q��?AND q�L B��VDS :� �,.,.,. 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 shall expire�M�r�h��th,�2(�0� � ., ° ~ urtless st;�ion�r reY4ked. This power of Attorney is made and exec�ted�p�r�u�nt t�i and by�at�tl�oritys�o�the"#c�llowir'ig By-Law duly adopted by the � Board of Directors of the Company on Apnl 18,��97� � ��= � ����� "Article V—Surety Bonds and Undertakings" Section 2,Appointrnent cfAttorney-n-Fact."The President or any Vice president,or any other officer of the Company,may,from time to time,appoint by written certficates attorneys-in-fact to act in behalf of the Company m the execution of policies of insurance,bonds,undertakings and other obl igatory instru- ments of like nature.The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any pawer of attorney or special p o�er of attorney or certification of either authorized hereby;such signature and seal,when so used,being adopted by the Company as the original signa- ture of sucfi officer and the original seal of the Company,to be valid and binding upon the company with tfie same force and effect as though manually affixed.Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Comparry by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President, the Board of Direccors or any other officer of the Company may at any time rewke all power and authority previously given to any attorney-in-fact. 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 `��o�������rF,,� 1st day of November ,2006. ¢ `" UNITED FIRE&CASUALTY COMPANY o, =� conronnTe �_ ?�Z —•— '' senc �: . %,,.�a, .a''�; By �.�..,...�_ �o,$��R,,�ro;��o� � Vice President State of lo�,va, County of Linr�, ss'. ' On this�1 st , d�ay of Navember ,2006 before me personally came Dennis Richmann to me known,who being by me duly swnri�,did depcsse and say:tha�he r��ic�es'i:n �edar Rapids, State of lowa;that he is a Vice President of the UNITED FIRE &CASUALTY COMPANY, the corporation described in and which executed the above instrument that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authoriry given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deecl uf said corporation: � „��' •. MARY A.JAM$EI�1 ° ,�� CQMi�S1SSI0NNUM0Hi�74�?! Notary P lic i,J�■' MY�' „ ��.�i,�... '�'�� . My Commission expires October 26,2007 CERTIFICATIQJ�I � � `" I, the undersigned officer of the UNITED FIRE&CASUALTY COMPANY, da hereby certify that I�have co,mpar�,the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sectiisn��f tt�e;by I�w�s ai�sa�el���or�►�any��s se���o�th 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 originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimon�whereof I`have he�eunto sukiserib�d my name and affixed the corporate seal of the said Company this 7th. day�if November , 2Q06. ��..�"`a'�'�T,.,. ;Qs$ r ,� p �o, Secretary. `W CORPOAATB 'y= �z —•— z�= ��/7`• �� SEAL �,;� ���i��Rl'�'�;`��`�� ,. UND-3156(1-03) 2 ` ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 7th �y of November ,2006 Personally appeared before me Todd A. Ward who being duly sworn did depose and say that he/she is the attorney-in-fact of the United Fire and Casualty Company of Cedar 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 Todd A. Ward acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corpqration. ����t E�����i � �• " f ,r�� o ., PRISCILLA B. HUNTER �-'�`�fit,�.�Gt p� d'••"'••"''-. Notary Public, State of Missouri :*.aOtARY•:*+ ����,Irardeau County ' •SEA�,� a Commisslon # 06520356 �''�il;�s'.a�,:��` EXpl�e� Aprll 20, 2009 Notary Public iJND-2031 b t ' , UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY 118 Second Avenue, S.E., P.O. Box 73909, Cedar Rapids, Iowa 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a question about your bond or policy,please contact your insurance agent first. If you are unable to contact or obtain information from your agent,you may contact our company at address and phone number below: i)NITED FIRE& CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O.BOX 73909 CEDAR RAPIDS,IOWA 52407 1-800-343-9130 � . v O � (T A W N -� O CO Oo �l O� (1� A W N -+ p � n o cnm � oD � �- NN � � � (7 �? 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