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 .
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PASSED AND ADOPTED THIS e� '� DAY OF /'C , 20 ��
Harry E. ediger, Mayor
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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.
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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.
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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.
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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
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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).
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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.
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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.
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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��°�����%%,;
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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.
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j �o �'�;�����*� �' attach evidence of authority to sign.)
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__, _ 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:
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Addenda, f2C21pt Of aII WIIICII IS h@f@by aCICIIOWI@dg2d: �List Addenda by Addendum Number and Date)
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(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
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(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
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4. BIDDER wili complete the Work in accordance with the Contract Documents for the
foliowing price(s)
B F-4
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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)
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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
� / �
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� � �� ��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:�� _
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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
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Narne;N!ea�e i yji�;���P :;,t:) ���.a
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----- _____ _
�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
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;?e�rtature Gaf�
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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. _.
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: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:
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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.)
� �
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��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