Loading...
HomeMy WebLinkAboutRES.2530.05-03-2010 BILL NO. 10-54 RESOLUTION NO. ��`�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC. , FOR THE VETERANS MEMORIAL DRIVE IMPROVEMENT PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 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 Fronabarger Concreters, Inc . , for the Veterans Memorial Drive Improvement Project, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached to this Resolution and made a part hereof . ic� /�� PASSED AND ADOPTED THIS e� '� DAY OF /'C , 20 �� Harry E. ediger, Mayor ATTEST: � �...�. >;�� �,���..��j � �y% �t`�' �� �J �O ' � d Gayle . Conrad, City C � `�, J a�i��* � � �'� � �1��,y _.ti .. . . ..� . .. . . .. . . .. .. . . . . . . . ..... .... CITY OF CAPE GIRARDEAU VETERANS MEMORIAL DRIVE IMPROVEMENTS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 1� day of N1C�v in the year 2010 by and between the City of Cape Girardeau, (hereinafter called OWNER) and r^ronabarger Cancreters, Indhereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of the construction of street improvements for Veterans Memorial Drive which consist of a 36' wide P.C. Concrete Street, parking lot rehabilitation and drive to the Missouri Veterans Home, construction of storm sewers, an extension of a 6'x6' reinforced concrete box culvert, construction of a segmental block retaining wall, sidewalk construction and any other related construction items as stated in the Specifications or shown on the Project Plans prepared by Bowen Engineering & Surveying, Inc. and Dated March 18, 2010. Article 2. ENGINEER. The Project 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. A-1 � r. Articie 3. CONTRACT TIMES. 3.1 The work will be substantially completed within two hundred seventy (270) 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 three hundred (300) calendar 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 thousand finro hundred twentv five ($1,225.00) 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 C4NTRACTOR 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 fifteen hundred ($1,500.00)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: $ 1,324,7s6.30 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. A-2 _� . ._.�.. . . . . . _. _._.____ . 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 ENGI NEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and ifthe 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 Fina!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. A-3 � r 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. 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 �f 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 #he site. CONTRACTOR has obtained and �arefully 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 A-4 --..�. . � ... . . . . . .. . . ... .. . . .. __ . .._._. ___.. 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 1 to 8 inclusive). 8.2 Exhibits to this Agreement (pages to , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 191:0-8 1990 Edition) 8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive). 8.7 Specifications bearing the title Veterans Memorial Drive Improvements. 8.8 Drawings. 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF-1 to BF-11, inclusive). 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to , inclusive). A-5 . r 8.13 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. 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 a►I 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 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty(60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. A-6 � _ ,._ __. _ . _ 9.6 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 must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. A-7 � r 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 of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on iv1Qu �$ , 20 � (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau CONTRACTOR Fronabarger Concreters, znc. Scott Mev , itv`Manager ,�:�.��i��°�����%%,; ,,, ,,�'',;�4'�:..'�i�� s;,, B O � +(, �•nJ '�_"'� /✓,, ,`r� y. y. _ �. [CORPO TE S L] _---- [CORPORATE SEAL] ,r.:`�� �-� �,' • ,;�r. U� 6l) ��`�. , ` ;'�`� ...... d,�'. Attest � Attest M'�t� ' ���Y ' ;�r' Address for giving notices Address for giving notices 401 Independence Street 3290 state xwy E Cape Girardeau, MO 63703 Oak Ridge 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: authorizi�u ' n of Agreement. t�'GIR/l�"Z,D , �' , ,_�.,�G,,�� ,a'Q''4 Y �' 7► E�� ,� ,�, (If CONTRACTOR is corporation, j �o �'�;�����*� �' attach evidence of authority to sign.) ���-;� .,: , o -a ,�., � r ' /'�SM�`'>\\\\ � ;�, � , r.� � rv ��.��.:--- ti �� T��� u:�:r�� * Q���`�',' � �� s E�� �_ A-8 __, _ F EXE�I$IT A _ CITY OF CAPE GIRARDEAU VETERANS MEMORIAL DRIVE IMPROVEMENTS BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvements consist of the construction of street improvements for Veterans Memorial Drive which consist of a 36'wide P.C. Concrete Street, parking lot rehabilitation and drive to the Missouri Veterans Home, construction of storm sewers, an extension of a 6'x6' reinforced concrete box culvert, construction of a segmental block retaining wall, sidewalk construction and any other related construction items as stated in the Specifications or shown on the Project Plans prepared by Bowen Engineering & Surveying, Inc. and Dated March 18, 2010. THIS BID IS SUBMITTED TO: City of Cape Girardeau, Missouri 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 aII Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty 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: BF-1 ' a i Addenda, f2C21pt Of aII WIIICII IS h@f@by aCICIIOWI@dg2d: �List Addenda by Addendum Number and Date) �� �� �b- � � � � c? �t���� , � ��.`� , Pa.�� �� 2010 . � (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, perFormance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. 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. (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. (fl 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. BF-2 . ._i . �. . _. . . _... � . . . . . . . . . . _ . . . . _ __._ . (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for perForming and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by • submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and • providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. • http://www.uscis.qov/portal/site/uscis Q) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to comp�ete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. (k) All wages paid for work under this Contract shall comply with requirements of the prevailing wage law of the State of Missouri, Sec. 290.210 through 290.340, R.S. Mo. 1978, as amended. Bidders must agree to comply with all statutory regulations referred to in the specifications. Weekly certified payrolls will be required from the General Contractor and Subcontractors. In accordance with the statutes of the State of Missouri, Sec. 290.550 through 290.580 R.S. Mo, the "Prevailing Wage Notice of Excessive Unemployment" is currently in effect. Therefore, only Missouri laborers and laborers from nonrestrictive states are allowed to be employed on Missouri's public works projects. For more information on this statute please refer to http://www.moqa.mo.qov/statutes/C290 HTM. B F-3 5 4. BIDDER wili complete the Work in accordance with the Contract Documents for the foliowing price(s) B F-4 HI''K-lb'.�E�Jlb - 1J•44 lJl I Y Ut" lrFir"C U1�CItiICLCF'tU ✓i J UJl CJVVCJ � � •VV� i� ._._� _7_ . . . . . . .___ Unrt Price Bid VETER�ANS MEMORIAI. DRIVE 1NfPROVEMEN7S ESTIMATE UN1T ESl`IMATED ITEM QUANTiTY UNIT PRICE PRfCE 1 TRI+FFIC CGtJTc�OL S �.5. ' Q�,OD � O� 2 REMOVAL OF EXISTING IMPROVEMENTS 1 L�. , $ .pCp,typ � 3 CLEARING RND GRUBBING 10 ACRES a?,llD pp��1 4 EROSION CONTROL- FABRIC SILT FENCE 9 413 LF. Sp I� $O 5 EROSION CONTROL-STRAW BALE DITCH CHECK 878 LF. $ � `] ,QO - 6 EROSION CONTROL- INI.ET PR07ECTION DEVICE 28 EACH ,C7J $ � , OG� 7 °EXCAVATION 87,752 � C.Y. $ , $ j1� 3t{ Q 8 SEGMENTAL�LOCK RETAINlNG WALL 1,117 S.F.. I�.Op I Cp 9 4'TALL BLACK VINYL CHA1N UNK FENCE 680 L.F. �O,C� ,Op 10 FERTfLIZE SEED AND MULCH 17.50 ACRES �(`fJ � ] 7 pQ 11 HYDRO-SEED 0.40 ACRES ' ,pd $ pp 12 72" DIAMETER JUNCTION MANHOLE 1 EACH � ,Qa � ,�p �3 48" DIAMETER JUNCTION MANHOLE 2 EACH $ i ,Q� � 3 3co Oo 14 6'X6'JUNCTION MANHOLE 1 EACH QO � , 3 15 5`x3' DROP INLE7 2 FACH $ p, 1E 3'x3' DRQ? lNLE? 1 ERCH � � ptp $ -- , U�.00 17 7'x7'AREA INLET 1 EACH ' �,OD � p�O,pO 18 5'x2.5' CURB INLE7 27 EACH Qu� `T75�Q0 19 48" R.C.P. CLASS ill 159.5 L.F. $ '�,(�i' � 1 1 U�it} 20 36" R.C.P. CLASS III 95.5 LF. $ � �� g � �p 21 30" R.C.P. CLASS III 70 L.F. $ , . � �00�� 22 24"R.C.P. CLASS III 67.5 L.F. $ � 0 Z 50 23 21" R.C.P. CLASS Ilf 37 L.F. $ i p0 1 � Op 24 18" R.C.P. CLASS �11 590 L.F. $ � �p � i y$' � 25 15" R.C.P. CL/�SS III 1 224 LF. $ q � 7� O'z,q,(DO 26 12"R.C.P. CLASS ill 24,5 L.F. $ a�, 00 $ 'l�1 ,5.0 27 8' FLARED END SECTION, 36" R.C,P. CLASS III 1 EACH lS DO 00 28 6' FLARED END SECTION, 21"R.C.P. CLASS III 1 EACH p,00 5 ,00 29 6' FLAREO END SECTION 15" R.C:P. CLASS Ill 6 EACH � D $ Z. 7 30 BOX CULVERT E?CTENSION STA. 25+39, LT, 1 L.S. 3 �06 3 31 18"TYPE II RIP RAP 222 S.Y. $ 3 a0 S 1D,00 32 4" P.C.C. SIDEWAIK 3,197 S.Y. - .5P 3,50 33 . 4"TYPE 1 AGGREGATE BASE FOR SIDEWALK 3,197 S.Y. � �,�Q � 12 �I� c�c 34 6"THICK CURB R�4MPS W/TRUNCATED DOMES 4 EACH (�,Q� 2. 000,(X� 35 8" P.C.C. PAVEMENT WITH INTEGRAL 6"CURB 21,790 S.Y. , O $ Z S. 36 6" PINNED CONCRETE (SLAND 59 S.Y. �a,m � 2 ��D,f)fl 37 6" P.C.C. PAVEMENT-STREET 1,017 S.Y. (�' $ 0(3 36 6" P.C.C. PAVEMENT- PARKING AREA 504 S.Y. d0 �Og ,00 BF-4 (Revised) � APR-16-2a10 15�44 CIiY' OF CaPE GIRARDEAU 57� 651 0860 P.07x16 39 4"11'PE 1 AGGREGATE BASE FOR PAVEMENT 23,975 S.Y. e� a �7.0� 40 HEAVI(DUTY ASPHALT 373 S.Y. 3 ,Sp $ 2 IoQ,� 41 10"TYPE 1 AGGREGATE BASE FOR ASPHALT 397 S.Y. �T.� $ q .� 42 PAVEMENT STRIPIPJG 1 �-•S• 1 <� DO.00 43 PAVEMENT MARKINGS 42 EACH � � 44 TRAFFIC SIGNS 25 EACH 1 00 7 .R� 45 REA�IOVAL OF TEMPORRRY ENTRAN..E 1 L.S. . .OQ S �g'J.� �' �3 �i � 46 MISC. SIGN REMOVE 8� REPLACE 1 L.S. 1 �A,00 D 47 MISC. UTILI7Y ADJUS7MENTS 1 L.S. � [o�O�Ob 10�0, �Q 48 L1GHT STANDARD REMOVE & REINSTALL 1 EACH Q3t�� 3Gb.C�'3 49 TREE RELOCATION 2 EACH $ 1�,�j.t�3 �SO.�� 50 PRECAST PARKING BLOCK WS7ALlATION ONLY 14 EACH ,00 $ 1Q0. 00 59 TURF REINFORCEMENT MAT 1S9 S.Y. $ .0� qS�I 4d " Re�er to Section 205.6 of#he Specifications for method of payment fo�excavation of Class "A" materials (rock). 7otal Bid For All Unit Prices � �(� �v�3� `- Q (figures) � : L �( � - ���k�s of3� 1 1ah I Y2?� lh�(�e� �i�rl�f- ! -ev2 l�Kl�t� (written words) Bid amounts are to be shown in both words and figures. In case of discrepancy, the amount : shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay (tem will be considered correct,,and these sums when properly extended, shall : constitute the Bid. Unit Prices have been cornputed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed andfinal paymentwill be based on actual quantities determined as provided in the Contract Documents. BIDDER also acknowledges that rock removal will be paid for as noted in Section 205 of the Technical Specifications. 5. BIDDER agrees fhat the Work willbe substantially complete within two hundred seventv 270 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 three hundred (300} 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. BF-S (Revised) � _ __ _ _ _ _ _---- � 6. The BIDDER acknowledges that failure to properly complete and submit the following documents with the Bid Form (Pages BF-1 to BF-10) will result in the Bid being nonconforming and be cause for rejection of the Bid: (a) Required Bid Security in the form of a bid bond or cashiers check. ✓ (b) Any Addenda issued. � (c) The E-Verify Program for Unemployment Verification Memorandum of Understanding � (d) Exhibit Affidavit of Work Authorization � (e) Exhibit Affidavit Regarding Excessive Unemployment (if applicable) � (fl Exhibit Affidavit of OSHA Trainin � 9 (g) Certification Regarding Debarment, Suspension and Other Responsibility Matters �/' 7. Bidder agrees to submit the following documents within three (3) business days after the opening of Bids if requested: (a) BIDDER'S Qualification Statement with supporting data. BF-7 8. Communications concerning this Bid shall be addressed to: Name � � �wt� � Address � � � (a) Performance and Payment Bonding Company Name v N�-c-�� �R�. -1" ��UALr� �,avh?Fl�f Address ��, �; ��(�� l .���tc,�t11�� -L.e�s� S�� Agent\Power of Attorney Name (if used) , p�p '��{� Address ���� �a UI lral ��fC}Z, 9. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on � , 20�0, State Contractor License No. C��i 1 l� BF-8 _.__,. _ r____.. . . ... _.._. . . . .. .. ... .. .. . . . . . ... . ....._. .___ IF BIDDER is: An Individual BY (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership BY (SEAL) (Firm Name) (General Partner) Business address: Phone No.: B F-9 A Corporat'1on By i-FRS �- (SEAL) (Corporation ame) I�x�► B � � � �� (State of Incorporation) �+ � v �� �, . , �� y (Name of Person Authonzed to Sign) `�� �� �"''�%. : .,��J .I�Jr, ''J` V 41�� �+1t���� ��C'�:,i� �� %" tS.'•� � / (Title) • �- �.-_..r : i/ (Corporate Seal) 1�� ���r'� ` � ; _ . ` � o: � ;���'. ; Attest �s�t `'f,;' `� �-tc' (Secretary ��'a;�'�'o` '�=����,�` xk' Business address: �Z`� �-r�r� J��,.�� � '' »��«+��°�' e � �A-K l�li�(,� . l'�0 l 03�1oq Phone No.: �� � ���o�3,�� Date of Qualification to do business is �a�j A Joint Venture BY (SEAL) (Name) (Address) BY (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BF-10 - - _ _ _ _ __ _ _ _. _. , , BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: ,ja ^ , � , , p �OGZ � G�- W Au� It is anticipated that the following subcontractors will be employed for work on this project: *SUBCONTRACTORS: (Name of Company) � (Type of Work) � ry �r,� Xt; Xcl��[ �oSit�.1 � e,�'t� � c'. t�'a,d � -�' I I - �� T �1�f L I Cd �� ��� LaC��l�q� *All subcontractors shall be registered with the Missouri Secretary of State in order to work on this project. BF-11 -- - - -- Cit�of Cape Girafdeau ' •, Development Servlces Department . Engineering Divtsion �- , a �„ PO Box 617� Cape Girardeau, Missouri 63702-0617 � . Phone (573) 339-6327 Fax (573) 339-6303 April 16, 2010 Veterans Memorial Drive tmp�ovements ADDENDUM No. 1 1.) The City of Cape Girardeau shall be responsible for the testing of soils, aggregates, earthwork compaction, concrete, asphalt, etc. 2.) The Contracto� shall remove all demolition and construction debris from the Project Site and dispose of properly. Cost shall be incidental to "Removal of Existing lmprovements," 3.) Yhe Contractor shall be responsible for the demolition and disposal of the existing segmental block retaining wall and metal railing located on the Veterans Home facility. Cost shall be incidental to "Removal of Existing Improvements." 4.) The temporary private ent�ance shown on Plan Sheet 7, shall be bid as shown. If, after award of the cont�act, the Contractor elects to use concrete in lieu of asphalt, all quantities and associated prices relating to the asphalt entrance shall be deducted as required and a price fo� the concrete entrance shall be negotiated with the Owner and addressed by a contract change order. All concrete construction on MoDOT right of way shall be done in accordance with MoDOT specifications. 5.) The 15" storm pipe fo� the temporary entrance shall be RCP due to the minimal cover over the pipe. This pipe quantity was omitted from the Estimated C�uantities but has been included with Item 25 on the attached �evised Unit Price Bid Form. Submit the attached revised Bid Form with the Bid Proposal. 6.) The Contractor shall be responsible for damage to existing trees that are outside of the construction limits or within the limits but are designated to remain. Damage to trees may lead to claims against the Contractor's Commercial General Liability Insurance. See Supplementary Conditions sectio� SC-5.4.5 for additional information on General Liability Insurance requirements. 7.) Final Grading shall be completed in accordance with Section 208 of the Project Specifications. Placement of select soil materials will be required on MoDOT right of way. A minimum of 4" of clayey soil su�cient to support plant growth will be required on excavation and embankment slopes on MoDOT right of way. No topsoil or select soil VMD Add i� Page 1 � nrr�—iv—cr.,ic, �,..-�.� .... , . �.� ,r�„ � .,....�,...,_.._ - - materiat will be required to be hauled in from off-site. No direct payment shall be made for placement of topsoil or select soil materials. 8.) Payment for excavation of all Class "A" materials shall be as follows: a unit price of $40 / cubic yard will be paid to the Contractor for Bulk Rock Exca�ation and a unit price of $75 / cubic yard will be paid to the Contractor for Trench Rock Excavation, The cubic yarci quantity measured for Bulk Rock shall be deducted f�om the plan "Excavation" quantity for all Bulk Rock either satisfactorily removed or left in place as directed by the City Engineer. Payment for Bulk Rock Excavation shall be made in lieu of payment for "Excavation". 9.) The City of Cape Girardeau will be responsible for the measurement of all Class "A" materials. The Contractor shall notify the City when rock is encountered and shall not begin excavating rock until the City has given authorization to proceed. 10). Excavated Class "A" materials may be used in the roadway embankments. Embankments constructed of such material shall be built in layers (lifts) extending over the full width of the roadway. The thickness of each layer shall be governed by the average size of the larger rocks, but in no case may it exceed 24 inches. Rocks too large to be placed in a 24-i�ch layer must be �educed in size to permit placement in the embankment. Rock should not be dumped in place but should be distributed by blading or dozing. Rock shall be incorporated into embankment areas as designated by the City Engineer. In no case shall excavated rock be placed within 24 inches of the final surface or pavement base rock. Compactive effort on rock embankments will normally consist of at least four complete coverages of each layer with a tamping type ro�ler or two complete coverages of each layer with a vib�atory roller. - 11.) The Contractor shall be responsible for all damages to adjacent property caused by storm water runoff and sedimentation. Damages to adjacent properties may lead to claims against the Contractors Commercial General Liability Insurance. See Supplementary Conditions section SC-5.4.5 for additional information on General Liability Insurance requirements. 12.) Earthwork volume calculations were completed to determine excavation and embankment quantities. End Area catculations for Veteran's Memorial Drive, Scenic Drive and V.A. Drive are attached for reference. If modest shrinkage is assumed it is anticipated that the eatthwork wi11 balance. If additional fill material is required it may be obtained from City property adjacent to the project site in areas designated by the City Engineer. 13.) Earthwork for ditch excavations has been included in the quantity for "Excavation" 14.) Cost for the removal of light standards shown on Plan Sheet 3 shall be incidental to "Removal of Existing Improvements." Cost for removing and reinstalling light standards shall be paid for per each as shown on the Unit Price Bid Form. 15,) It may be necessary fo� the Contractor to draw down the water surface of the stormwater management pond located right of station 15+00, Veterans Memorial Drive, to allow for construction of the new outlet works. The water surface should be drawn VMD Add#� Page 2 �� ,. ��., ��_.. _.. . . . -- � -� - - - - __..l .._. .__.�... . . . .. ._._._.... . ...... .. . .. . .. .... . . . ._.._.... .._... down no more tha� absolutely necessary for const�uction. No direct payme�t will be made for lowering the water surface. 16.) Type "A" expansion joints shall be installed along the street at 250' intervals or as directed by the City Engineer. Details of pavemenf joints are shown on Plan Sheet 2A and described in Section 406 of the Project Specificatio�s. 17.) The top slab thickness for the box culvert extension is eight inches. 18.) Entrances to State Right of Way shall be constructed in accordance with MoDOT Standards. 19.) Item 41 shown on Plan Sheet 1 should read "10" TYPE 5 AGGREGATE BASE FOR ASPHALT' 20.) Bidders may complete investigations at the site prior to bid opening in accordance with Section 4.6 of the Instructions to Bidders. 21.) Blasting will not be allowed for this project. 22.) Certain rock formatio�s encountered during bulk excavation may be left in place if the location, quality, and character of the rock do not adversely affect the project. Any formations to be left in place will be designated by the City Engineer during construction. 23.) All clea�ing and grubbing shall be completed in accordance with Section 203 of the Project Sp�cifications. Burning of materials on site will require permits frvm the Missouri Department of Transpo�tation, Missouri Department of Natural Resources and the City of Cape Girardeau Fire Department. If permits cannot be obtained, the Cvntractor shall be �esponsible for �emoval of all trees and brush and associated debris from the project site. 24,) E�gineering fabric silt fence shall be in accordance with details shown on Plan Sheet 57. 25.) All aggregate base for sidewalks and pavement shall be Type 5. This addendum must be signed and attached to your Bid Documents. � f Date � � � VMD Add#� Page 3 _ _ __ _-- - _Cit�of C�pe Gir-arde�t� , , _ ' Developrr�ent Services Department Engineering Division PO Box 617, Cape Girardeau, Missau�i 63702-0617 � Phone (573) 339-6327 Fax (573) 339-6303 April 19, 2010 Veterans Memorial Drive Improvements ADDENDUM No. 2 1.) The Estimated Quantity for B1 Concrete for the box culvert extension shown on Plan Sheet 29 should read 121 cubic yards. 2.) Hydro-seeding shall be completed on the areas shown. This work will consist of applying seed and fertilizer by the slurry method. The areas will then be mulched in a manner similar to adjacent seeded areas. Hydro-mulch is not required. 3.) No wire-backed silt fence is required for this project. This addendum must be signed and atfached to your Bid Documents. � �� c Date TOTAL P.03 1 • i Project Number I� x.r/ .rvY��unu,e.l��.rridfnG.,. � —__ Certificat�on Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency; (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. , I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to � 10,000 or imprisonment for up to five (5)years or both. v' � V 9+.�� ' r yped Name & Title of Authorized Representative c � � fe S'gnature of Authorized Representative Date ❑ I am unable to certify to the above statement. My explanation is attached. --_ _ _ _ - _ _ _ __ --- t 5.1 � / � . � . . .. `� �"/USA�::. � � �� ��II�I���t Company FD Number. 193478 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING • ARTICLE I .. PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Fronabarqer Concreters, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer: E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form i-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E-Verify program is found in Title iV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Ernployment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a °Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), ±he So�ia! Security Ac± (42 U.S.C. '!3Q6(a)), and SSA regulations (20 CFR Part 401). t��,�e 4 of i3'F „'er•4,P:1pu ror�r, ' =I�'; �' ;,�;,o:�� _ � , P��'tu �i_.;n Date ;,�. , . . - . . - � � . � � . . . � .�:.. F . . . . � � c,�� ,y'� �,. � � ��� :��,��. - s�_ :;,1111111�.=` . . . ,.:..�..,. '.,.iTti.. .�.:f": 1. .. :.,:. - �r ' � . CompanylD Number. 193478 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. . . Employer_.tF�anabarger Goncreters, Inc.. . . . :. . _ _. � - Da�td IVIcMulim �r►C�'P��S�fl�Ni - ----------------_------ �fi--- --- ------------------------ Narne;N!ea�e i yji�;���P :;,t:) ���.a ��E^Ct f'C3�1±�u!r•,-�:rf"'r?v;3` '.��i�?^i;�?``��`p d�Q _--_ - �- __. _..._.._ ___-- --...__ __.. ---- ---___.. _._...._.. _ __.. ............. ....._.__ ----- _____ _ �tt`jilc'�iL.:� . � . . . _Sr:2�,' � � � Departmer.t Qf Hems'land Security-l�erific2tion Qivisi�n USCIS��erification'Division ------ - ---- ----------- ----___. ---___._._-- ---- --- hame;�l�asz �yp�or�>;i,s?) ,�taE -----_ .___ __..--- --- - �lee�rartic.�la�Si�' _'d__ t��f2�{�t��� - - ----------------------__ ____ _—__ . -----------------.- - _------_ ;?e�rtature Gaf� F.3L`l�1 i Of�JiC't'P.�'y'�i'i�iil i7i F i�,��.(,.'? . c:-_��i Ja�. ij a!^� .. . .._ � . _ ., _ � . _ __ _ _ . _: _ _ __ __ S t �\ �S _ � �� f s�::. v � ,:,�������,: -�,.,, ,:*. Company ID Number: 193478 ,-.�._..__._...._...�_..._.W...�.._. _ �.._._.______._.� - - - --�- -. Information Required for the E-Verify Program Information relafing to your Company: . . ..C,`i<r�. ��ii� �'s'r?��fe:: �rr;;l��")u':iE:i i.3 ,C!'f?"cE...F����C. ��..(, f�r'"`i[ '�G€Es ' :���i`'c4: L.','E}.{`i�8i.". }�'t�t°'E. _. v�:r� �!v�irz rf,:1=:t 5:'19 � `.h,.Gfs`�,llke€;€f! r�i��f'Ci��E�' r�;�{t:E�`��s: ��Ee�:ijt C3C��E'ts;�: �;='��': Gi�fi:�s.r-��,'�iJ �. ..-. c���=���r f��rk:;�.i:u����: i�i:::i3f��s2i. �:1."i.k.�G6v,�7 t�v>�i?.El F-4STiG$'it-�€i f'f't�;.a��sLr � 4���cs�Ti.�.:,�iEi.}� ..4'i���44�i� C'43t�s�: 23• ����r:t ��:����RE,=: ------------- i�ws e[i i�'i.�'.C C3� �t n�:_r"S'�l�i�:S�. L'V 4''�w r."�. . :L�4i:'vl�ti.: �:�v�F.�S Y��-s:t�iY:i1 F�"�. 3 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: . MISSOURI 1 site(s) Faa2 1�cf?" J.. :r� .:�;r F �:r:Pe i ��;D �. . ,.s%�F: , . � � *s � . � �l\ : //'�SA��� . — <i _..;3F-. . . � . . � � .�� % fI'I��I��y . . - � � ' w s...:- , . .. .. ,M �_. .." .. . � . :F.r.�:F t.. . .:.•. .- �-,_:: . Company ID Number. 193478 Information,relatin� fo th?Aro.gram:A�min��tr�tor�s; f�r ye�•���,,,Nany a�-� �;G{fi.y �U6�ri�1i's� ui' operationai problems: Name: David McMullin Telephone Number: (573) 266 -3212 Fax Number: (573) 266 -3235 E-mail Address: david@fronabarger.com � a5�=�_ �`s: ..._ _, , -�- , ;N^ ��, .:-.� a,._..� _ _ � , - . . _ _ _ _ __ _ _ _ _ _ - - EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name) ,n as (Office Held) Y��$ ��.�5�� of(Company Name/Contractor) P.1��¢S � and first being duly sworn, on my oath, affirm as follows: /' --�� 1. (Company Name/Contractor)��' o,�jcQ�C�, --y.tt , is enrolled and will continue to participate in a federal work authorization program in xespect to employees that will work in connection with the contracted services related to (Project Name) r��5' 1'l�N1a��A. �v��a:t�rnt�.� for the duration of the contract in accordance with RSMo Chapter 285.530(2). � � 2. I also affirm that (Company Name/Contractor) �Ck�t`� '�F� C�'�'�.S ,, .,(.�re , does not and will not knowingly employ a person who is an unauthorized alien irr connection with the contract services related to (Projecc Name) y���� ��� � i�'e i,,ho�q�„�a?S for the duYation of the contract. 3. Attached hereto is documentation affu�rning Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated abo�e are true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) � _ -C-� . �Qt�h���,2 �n,+���T� (name of corporauon)� By: � Yle�� �s���v7�.�'i (n me of officer of corpora on and title) ATTEST: . ��s;� ,,,,,;� ,:�° , ,�� ,; . �,r.; ,,. - r � ,? , . Secretary( othe �iffi,eerJ�� -Q�, N. �t �V. � �?'�� Li � � � ��,� = . J �J � (SEAL OF C'C�Rp�R�1�ION� ,��: 1 � �, ,, � - ��i,� . e� � ��: f. '�1i:,ltil:l.t��'�I�� . . STATE OF MISSOURI ) ) ss. COUNT'Y OF CAPE GIRARDEAU ) On this �-�day of�A�1�-- , 20/O, before me appeared �'/� �' , to me,personally known,who,being by me duly sworn, did say that he/she is the /� �iP�'s'/��ti`7` of �%�D/U�9,c'�,C���'.�'I ��Cf4�.�`"-��" , a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authoriry of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau,Missouri, the day and year first above written. 1��� �- ����� Notary Public RANDALL H. REISENBICHLER Notary Public, Notary Seal State of Missouri My Commission Expires: Cape G►rardeau County Commission # 09404746 My Commission Expires Moy 21, 2013 ��j�y o?/ . �� � - ..�___ .�.__.i _ . . ._... --_... .___. . _..__.. . . .. . _. ... .. .___. . . .... ._...... . . _. . .. EXHIBIT AFFIDAVIT REGARDING EXCESSIVE UNEMPLOYMENT COMES NOW (Name) ���7 ��''v`u�'t►+ as (Office Held) V y'k— ���'-� of Com an Name/Contractor � � � �� ( P Y ) ��Ot����� �� � and first being duly sworn, on my oath, affirm as follows: 1. Whenever there is a period of excessive unemployment in the State of Missouri, as defined in Section 290.550, et seq., RSMo, the contractor will comply with all of the provisions of this Statute in respect to employees that will work in connection with the contracted services related to (Project Name) ���1'3 G,r�� 1/IZ�Jti �ttit��lP,r��S for the duration of the contract. �y,, f 2. I also afflrm that (Company Name/Contractor) ��COtlR��jQ 1��� p�i"tJZS �r�t. does not and will not knowingly employ a laborer who is not a "Missouri Laborer" or a "Laborer from a Nonrestrictive State", as those terms are defined in Section 290.550, et seq., RSMo, except that other laborers may be used if such required laborers are not available, or are incapable of perforining that particular type of worked involved,if so certified by the contractor and approved by the City of Cape Girardeau, or unless otherwise permitted by that Statute, in connection with the contracted services related to (Project Name) VE('e�ArSS 1YIENl�'�2V-��2�� 1►vtiD��or the duration of the contract. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the . undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) � � --, ��F.� `��'i�,� � r1C: name of corporation) ` � � By: 1 ti�.- F��� ame of officer of corpor tion and title) ATTEST: , Secretary(o othe fficer) 'U���, -�r, • '�i .. ., C,C`� ���ryr� f�������/�� (SEAL OF CORPORATIOl� �";�'C � P,� _ ..l - Jm✓ �""! .�- - . �t 8 /� Ct. �._� �f �. n�,' ri xv�'� +.s•' j�J ,,, � �i.,l`t , ,So, * /!�`/���/���11IOCI��Y.114��E`'�A ( y .- !,�., {�:.;- . . , . STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this �aday of ��/L , 20�,, before me appeared ����� �vl� ��iU , to me�Rersonally known, who, being by me duly sworn, did say that he/she is the /C .Q�S� of /'�t'oip/A�A.PG�' d�'.P���P.S' , a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporarion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. �'�r/I��r�� _�.c�� h�� � �' Notary Public RANDALL H. REISENBICHLER Notary Public, Notary Seat State of Mlssouri Cape Girardeau County My Commission Expires: Commission # 09404746 My Commisslon Expires May 21, 2013 c �� �� �� -- _ __ -_ _ � � � _ _ ___ _. _ _ _ EXHIBIT AFFIDAVIT OF OSHA TRAINING COMES NOW (Name) � Ad� �1-1 � as (Office Held) V 1�"' _� of(Company Name/Contractor) �0��. �c�5��''� and first being duly sworn, on my oath, affirm in connection with the contracted services related to Y,$f��S �Vl ati.��YF N� � (Project Name) for the duration of the contract, as follows: 1. Contractor shall provide a ten (10) hour Occupational Safery and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safery program shall include a course in construction safery and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo. 2. Contractor shall requite its on-site employees to complete a construction safety program within s�ty (60) days after the date work on the Project commences, as required by Section 292.675,RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. 4. Contractor shall require all of its Subcontractors to comply with the requirements of Section 292.675, RSMo. 5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollaxs ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required in Section 292.675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition of the penalties described therein shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 7. Contractor acknowledges that in the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred . • . and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that� false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) �4c/l E� ��C, ":ys�i�#lil/�lij� �. (name of corporauon) r1..a= r Y; r,���,�;_ , ,A1 • f.�T R 3 �,���� i;� � � -�r A . f{/`•• �r'2�3'i� !I By: i NI�lVYI )��'�: : % (name of officer of corporatio and tide) = �> �j,��r `'�� � �r='� ��-;��� -J .� � � ��V3 _ d . (�: •.O � ATTEST: � '•� ���� ' .= � A� �''l. • f.k.'r�`y , ' � � - c'X. t� . �„ . . � �����I ,s;�: �`�€F/tx7.A.ttdw�'�'§6, Secretary(or othe officer) (SEAL OF CORPORATION) STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this ��day of 17`��/L , 20�, before me appeared �i�G�/.a ��(����, to me personally known,�o, being by me duly sworn, did say that he/she is the i � _ ,�'� of�QnR/�iC'�lo E� �vc'/1�'�'',v� a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporauon. , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. __1!� � ll� ` ��� Notary Public RANDALL H. REISENBICHLER My Commission Expires: Notary Publfc, Notary Seal State of Missouri Cape Girardeau County ,/��� �f ��� Commission # 09A04746 —�l My Commission Explres May 21, 2013 _ _ __ ___ � ,� � __ __ __ __ __ _ _ _ _ _ --- � UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, lowa 52407-3909 319-399-5700 (A Stock Company) BID BOND KNOW ALL BY THESE PRESENTS, that we FR�NABARGER CONCRETERS INC 3290 STATE HWY E,OAK RIDGE,MO 63769 as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CAPE GIRARDEAU 401 INDEPENCENCE,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 VETERANS MEMORIAL DRIVE IMPROVEMENTS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principai shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be nulf and void, otherwise to remain in full force and effect. Signed and sealed this 22 day of April ,2p 10 � ;ti�4iiPvt.11;, . FRONABARGER CONCRETERS INC �'`` ''i� � � (E�.�1_i � j�-��'i. �,�, .. '/i� gY ,' 'I'�� al�� - � (PRINCIPAL) � � � `� � _ `� ��� � �r �Ll' o �`� V�'�..�` �a"���" � ,� ``� ��J �,. °`� •• �w � � t\' (V1/ITNESS) (TITLE) �`; ''f q'�'��Y: a ..• tiY'". j ^��±t3��l�.r���`�ti� UNITED FIRE & CASUALTY COMP'A�tp��:�.`:st�g�a����,,,, , /� (SURETY) � � , -��'� � ' ' 1�/ � � � �'i rJ J�� /- � r� � /� � � BY _ �/(/�n �!/'�w U ~a �:: f t , l.�. . JY '. ..�` . ' � (WITNESS) (ATTORNEY-IN-FACT) � . � �,.---' ; ,,._ ,� �:I� :�,�� Todd A. Ward �' . ���� _••� �� CONT 0001 0899 ,�, ,����,.... '`ti�4;' ,, �i3 ,� . , • . ACKNOWLEDGMENT OF SURETX State of Missouri County of Cape Girardeau On this 22ndday of April, 2Q10 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 instru,ment was signed and sealed on behalf of said Corporation by authority of its Boazd 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 Corporation. � � � Notary Public PRISCILLA B. HUNTER UN0.2031b NO1dfY PUI�IIC, Nota�y Seal State of Mfssourl Cape Girardeau County Commisslon � 09520356 My Commission Explres Apri120,2013 _ _ _ � ,� � _ _ _ _ _ _ . _ UNITED FIRE&CASIJALTY COMPANY 8���� #BID BOND-00011399 Home Office-Cedar Rapids, lowa Certified Copy of Power of Attorney ObligeeClTY OF CAPE GIRARDEAU (Original on file at Home Office of Company-See Certification) 401 INDEPENCENCE KN01,N 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 principal office in Cedar Ra�ids, State of lowa, does make, consti- tute and appoint CHARLES W DECKER,OR SHARON GLASCO,OR ALAN H RAUSENBERGER,JASON RAUSENBERGER,CARBONDALE,IL,OR TODD A WARD,OR NANCY STRAUSER,OR PRISCILLA B HUNTER.ALL INDIVIDUALLY Of CAPE GIRARDEAU.MO 63701 its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred co sign, seal and execute in its behalf all law- fui 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�ranted shail expireAugust 2�st,20�0 unless sooner revoked. This power of Attorney is made and executed pursuanc to and by authority of the following By-Law duly adopted by the Board r>f Directors of the Company on April 1 F3, 1973. "Ai�ticle V-Surety Bonds and Undertakings" Section 2,Appointmenl ot Anomey-n-Fact."The President or any Vice president,or any other officer of the Company,may,from time to time,appoint by written cenificates attorneys-in-(act to act in behal(of the Company in the esecution of policies of insurance,bonds,undenakin�s and other obligatory instru- ments of like naturP.The signatw'e of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any po�ver of attorney or specia� power oi attorney or certification o(either authorized hereby;such signature and seal,when so used,bcing adopted by the Company as the original signa- lure or such officer and the original seal of the Company,to be valid and binding upon the company witli the same force and effect as though manually af(ixed.Such atrorneys-in-fact,subject to Ihe limitations set fonh in�heir respective certificates of au�hority shall have(ull power to bind the Cnmpany by thefr signature and ezecution oi any such instruments a�d to attach the seal of the Company thereto.The President or any Vice I'resident,the Board ol Directors or any other ofiicer oi tlie Company may at any time revoke all power and authority previously�iven to any attomey-in-lact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these ``,,.�,`n'�As���,,'' Presents to be signed by its vice president and its corporate seal to be hereto affixed this `,�a% � 19th ddV o( April ,2010 . �; _� CORPORATE °�: UNITED FIKE &CASUALTY COMNANY ;� —•— �= B �] y n SEAL p`? � /1"�'-'v`^"s-•-- '''�o�R RnPt05��9�` '�rvrwa� �. ''������������`O Vi ce President State ot lowa, County of Linn, ss: ` On this 19�h day of Apri� ,20�o before me personally came Dennis Richmann ro 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 a�ove 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 ro authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant ro like authority, and acknowled�es same to be the act and deed of said corporation. �*w cv Mary A.Jansen � Q/f�� � � low2 Notarial Seal Commission number 713273 NU Y Pub�i Ow� My Commission Expires 10/26/10 My Commission expires October?6, 201 0 CERTIFICATION I, David A. Lange, Secretary of UNITE[� 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 forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts therec�f, 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 testimony whereof I have here�mto subscribed my name and affixed the corpvrate seal of the s�id Company thlS 22nd �J�y O(April , 2010 ;o`"��c�sv�r%. ,•�g�"" F , co% 2� CORPORATE g �� �Z ��— ; �7 Z� �� SEAL �`` �',Fo� �o°',. SeCr .t B POA0041 102007 '�''!�R��„°;���`�� , ,.. . UNITED FIRE & CASUALTY COMPANY UNITED LIFE TNSURANCE COMI'ANY 118 Second Avenue, S.E., P.O. Box 73909, Cedar Rapids, Iowa 52407 NOTTCE TO MTSSOURI 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 numberbelow: UNITED FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O.BOX 73909 CEDAR RAPIDS,T4WA 52407 1-500-343-9134