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HomeMy WebLinkAboutRES.1483.07-19-1999Iaawm1,21rl�030=2 = RESOLUTION NO. J�i-3 _ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROBINSON MECHANICAL CONTRACTORS, INC. FOR SEISMIC PROTECTION IMPROVEMENTS, GORDONVILLE WATER STORAGE TANK NO. 1 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 Robinson Mechanical Contractors, Inc. for the potable water storage tank seismic protection improvements, Gordonville Water Storage Tank No. 1. A copy of said Agreement is attached to this Resolution //and (��'''' made a part hereof. }}�C'' PASSED AND ADOPTED THIS � DAY OF , 19-9,) A. Spradling, III, M ` r ATTEST: ,261, A9 12� 6�tal-t Gayle . Conrad, City Clerk !� CITY OF CAPE GIRARDEAU, MISSOURI POTABLE WATER STORAGE TANK SEISMIC PROTECTION INPROVEMENTS GORDONVILLE WATER STORAGE TANK No. 1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the Ab'" day of OV4 in the year 1999 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and _ Robinson Mechanical Contractors, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Improvements to the water storage tank #1 at the Gordonville site (primarily valves, controls and piping accessories) to prevent rupture of the piping connection to the water distribution system and/or loss of stored water resulting from a seismic event and installation of seismic sensors at the Cape Rock Water Treatment Plant and Ramsey Branch Water Treatment as defined by the Contract Drawings and Specifications. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The work will be substantially completed within 150 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 \\STLS RV\DATA\P ROJ ECTS\94159\4002\SPEC\SEISMICVAGR2ACTUAI�qC of the General Conditions within 180 days after the date when the Contract Times commence to run. 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 below: 4.1 For all Work other than Unit Price Work, a Lump Sum of: Ninety Nine Thousand Dollars ($ 99 000.00 ) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8 of the General Conditions. 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. Application for payment shall include a Schedule of Values and a Schedule of Stored Materials. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5. 1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the \\STISRV\DATA\PROJECTS\94159\4002\SPEC\SEISMICb4GR2ACTUAlORT 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. 6.1 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. 6.2 If the Owner fails to make payment thirty (30) days after receipt of the Contractor's application for payment, in addition to other remedies available to the Contractor, then shall be added to each sum payment interest in accordance with Section 34.057 RSMo. as amended. 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. \\STLSRV\DATA\PROJ ECTS\94159\4002\SPEC\SEISMIC\AGR2ACTUAAQT 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general mature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: \\STLSRV\DATA\PROJECTS\94159\1002\SPEC\SEISMIC\AGR2ACTUAAQgC 8.1 This Agreement (pages 1 to 7 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). 8.6 Supplementary Conditions (pages SC -1 to SC -6, inclusive). 8.7 Specifications bearing the title Potable Water Storage Tank Seismic Protection Improvements Gordonville Water Storage Tank No. 1 8.8 Drawings. 8.9 Addenda numbers —to _, inclusive. 8.10 CONTRACTOR's Bid (pages BF -1 to BF -6 , inclusive) marked exhibit _ 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. \\STLSRV\DATA\PROJECTS\94159\4002\SPEC\SEISMIC\AGR2ACTUAIAQ� 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 all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. \\STLSRV\DATA\P ROJ ECTS\94159\4002\SPEC\SEISMIC\AGR2ACTUAIAQW 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 2O 19 99 (which is the Effective Date of the Agreement). OWN E,F3:R City of Cap Miller CONTRACTOR Robinson Mechanical By: — ORPORATE SEAL] A est i Address for giving notices 401 Independence Street Cape Girardeau MO 63701 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. Contractors, Inc. DBA: Robinson Construction Comiany Francis E. Robinson [CORPORATE SEAL] President Attest cl- Karla'J. Adams Secretary Address for giving notices 215 N. West Street Perryville, MO 63775 License No. n/a Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) \\STLSRV\DATA\PROJECTS\94159\4002\SPEC\SEISMIC\AGR2ACTUALAQ' CITY OF CAPE GIRARDEAU POTABLE WATER STORAGE TANK SEISMIC PROTECTION IMPROVEMENTS GORDONVILLE WATER STORAGE TANK No. 1 BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: Improvements to the water storage tank #1 at the Gordonville site (primarily valves; control, and piping accessories) to prevent rupture of the piping connection to the water distribution system and/or loss of stored water resulting from a seismic event and installation of seismic sensors at the Cape Rock Water Treatment Plant and Ramsey Branch Water Treatment Plant as defined by the Contract Drawings and Specifications. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63701-6244 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the .Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. I:\94159\4002\SPEC\SEISMIC\BIDFORM2 BF -1 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (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. I : \94159\4002\SPEC\SEISMIC\BIDFORM2 BF -2 (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. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): o a TOTAL LUMP SUM BID PRICE .................. ($ 9� '0 D ) N01 5?,q cl r1e2 I �9A (Written figure) All specific cash allowances are included in the price(s) set forth above and have been computed in accordance with paragraph 11.8 of the General Conditions. 5. BIDDER agrees that the Work will be will be substantially complete within 150 days 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 180 calendar days after the date when the Contract Times commences to run. A detailed construction and operation phasing plan will be developed with the Contractor, after contract award. This phasing plan shall minimize shutdown periods for I:\94159\4002\SPEC\SEISMIC\BIDFORM2 BF -3 the Gordonville Tank. The Gordonville Tank cannot be drained to perform the work until after September 15,1999. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Required BIDDER'S Qualification Statement with supporting data (if requested by Owner as stated in the Instructions to Bidders). (c) List of Subcontractors and Lump Sum Value of each Subcontract. 7. Communications concerning this Bid shall be addressed to: Name1 /Jl sor► CSU/1S / G7�1 Dh co�L�it� Address -,,2 15 bJeS7 SJ • /"C- C,�VL1! //6 (a) Performance and Payment /Bonding Company Name �rnfr� cam �aS �T W Address CA/A P147-01 h ICGcao -L t' (oo&o Agent\Power of Attorney Name (if used) Address 0 8. 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 ��.t Y\ C 1-1 , 19 V State Contractor License No. IF BIDDER is: An Individual By doing business as (Individual's Name) I : \94159\4002\SPEC\SEISMIC\BIDFORM2 BF -4 (SEAL) By (Individual's Name) (SEAL) doing business as Business address: Phone No.: A Partnership By Business address: (Firm Name) (General Partner) SEAL) Phone No.:-------------- . ``� v . +ter.+s,. ♦ � _ Cor oration By ��lSOn 1�Yle ���c�rS 2,cJC', b� /(�h (Corporation Name) (State of Incorporation) B -(SEAL YAAA _ (Name of Person Au�tho(ized to Sign) ✓e_ DJ/ I n ,/ 501% tor CSS �PiL (Corporate Seal) Attest Business address: (Title)Se - tjlcry) F Ile I tl10 3 �s Phone No.: 67 3 -..sLI 7 Y -3'? -7 FAQ Date of Qualification to do business is O I:\94159\4002\SPEC`,SEISMIC\BIDFORM2 BF -5 A Joint Venture (SEAL) By (Name) (Address) (SEAL) By (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.) I:\94159\4002\SPEC\SEISMIC\BIDFORM2 BF -6 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Robinson Mechanical Contractors Inc dba Robinson Construction Company, 215 North West Street as Principal, hereinafter called the Principal, Perryville, MO 63775 and the American Casualty Company of Reading, Pennsylvania of CNA Plaza, Chicago, IL 60685 a corporation duly organized under the laws of the State of Pennsylvania as Surety, hereinafter called the Surety, are held and furmly bound unto City of Cape Girardeau, 401 Independence Street, Cape Girardeau, MO 63703 as Obligee, hereinafter called the Obligee, in the sum of Five of the Amount Bid ------------ -' ------------------------------------------ Dollars ($ 5% of the Amount Bid ) , 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, fumly by these presents. WHEREAS, the Principal has submitted a bid for Potable Water Storage Tank Seismic Protection Improvements, Gordonville Water Storage Tank No. 1 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 Contract0ocuments with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor ,and rYi�eia`lfurzrished in t . r , . the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and giye. iI 'P , id or"bo ids, rf-the penalty hereof between the among% sv p and such pal shall pay to the Obligee the difference not to exceed the Principal t lar gci amount for which the Obligee may in good faith contract with another party to perform the Wrk�ooa✓eked .bXd, then,this obligation shall be null and void, otherwise to remain in full force and effect. r ' �; - r Signed and sealed this 17th day of -iI June 195 Robinson Mechanical Contractors, (nc. dba Robinson', Seal) Construction Company, ,Principal Karla J. Ad , Secretary Witness Title Francis E. Robinson, President -- American Casualty Company of Reatig;'. _ Penns Ivan Z7 fs, a =r Witness { Barbara M. Straub = Attorrrey,in-Fact S-0054/GEEF 7/98 robinson POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT hat CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE Know All Men By These Presents, T corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania COMPANY OF HARTFORD, a Connecticut corporation (herein collectively called 'the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Thomas R. Welsch, Dennis Lutz, Dennis Flatness, Barbara M. Straub, Taffra S. Holman, Rebecca L. Lile , Susan M. Stefanski, Individual) of St. Louis, Missouri hereb conferred to sign, seal and execute for and on their behalf bonds, their true and lawful Attorneys) -in -Fact with full power and authority Y undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents brua�signed by their GroupVicePresident and their corporate seals to be hereto affixed on this _ 1 st day of c ooavor ATC SEAL 1 eel E 1HSURggc `pmos4 b ESP F � .gam s 6 Nat ci 1. CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: Februa , 1999 , before me personally came On this 1 st day of State of he resides it i the C4 of Chicago, Marvin J. Cashion, to me known, who, being by me duly sworn, did depo, NATIONALand say:thFIRE INSURANCE COMPANY OF HARTFORD rand a he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,ich executed AMERICAN CASUALTY COMPANY awls affixed o the said instrument are such corporatd in and e seals; that they the soeaffixed pursthat nt t authority e seals of said corporations; that corporations and that he signed his name thereto pursuant to like authority, and acknowledges same o given by the Boards of Directors of said . .. . __, �-- _c --;.a ,-., Irntinns_ 94 a My Commission Expires March 6, 2000 CERTIFICATE 7V Mary Jo Abel Notary Public UALTY I, Mary A. Ribikawskis, Assistant Secretary of CO TINENTAL CAS READING, PENNSYLOAN A do herreblyy certify that the Power of A COMPANY her in HARTFORD, and AMERICAN above set forth is still in force, and further certify whereof the a eyheaeunto Resolution bsc bed m y aBoard and affixedtthe seals of the said corpo tions reverse hereof are still in force,1999 this 17th day of June _ � GI�SUgCT F Z o SEAL 1897 (Rev 10/1197) Pff IPA Ati `N[rCfnDR4T�� F JULY It. 1902 F' a CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A. Ribikawskis 1 Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to ad in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fad, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey-in-fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VF—Execution of Obligations and Appointment of Attomey-in-Fact Section 2. Appointment of Attomey-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fad to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of fike nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. 'RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." r b. BOND 9929097610 DOCUMENT 00610 - PERF'OR AN BOND KNOW ALL MEN BY THESE PRESENTS: that Robinson Mechanical tors, Inc. DBA Robinson Construction Company 215 North West Street Perryville, Missouri 63775 (573) 547-8397 as Principal, hereinafter called Contractor, and American Casualty Company of Reading, Pennsylvania CNA Plaza Chicago, IL 60685 (312) 822-5000 as Surety, hereinafter called Surety, are held and firmly bound unto City of Cape Girardeau 401 Independence Street Cave Girardeau, MO 63703 called Owner, in the amount of Ninety -Nine Thousand and as Obligee, hereinafter NO/100 dollars ($ 99,000.00 -------- ,for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated July 20 19 99, entered into a contract with Owner for improvements to the water storage tank #1 at the Gordonville site (primarily valves, controls, and piping accessories) to prevent rupture of the piping connection to the water distribution system and/or loss of stored water resulting from a seismic event and installation of seismic sensors at the Cape Rock Water Treatment Plant and Ramsey Branch Water Treatment Plant as defined by the Contract Drawings and Specifications. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever. Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations, thereunder, the Surety may promptly remedy the default, or shall promptly: A. Complete the Contract in accordance with its terms and conditions, or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 00610.CAP 00610-1 5699 ` DOCUMENT 00610 - PERFORMANCE BOND: continued Any suit under•this Bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Missouri. Signed and sealed this 20th day of July 19 99 CONTRACTOR (CORPORATE SEAL) c , Robinson Mechanical Contractors, Inc. DBA Robinson Construction Company Bye^ Francis E. Robinson President SURETY - COUNTERSIGNED: Resident Agent Am aP sual mpany of Stat M1--- Re din e lvania Susan to resit By Susan M. Stski, orney-in-Fact ATTORNEY-IN-FACT (CORPORATE SEAL) P.A. Box 66753 s. St. Louis, MO 63166-6753 (This Bond shall be accompanied with Attorney-£n-Fact's authority from Surety) Approved as to Form: Attorney for END OF DOCUMENT 00610 i 00610-2 00610. CAP 5699 BOND #929097610 DOCUMENT 00620 - LABOR AND MATERIAL PAYMENT BOND This Bond is issued simultaneously with Performance Bond in favor of Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Robinson Mechanical Contractors, Inc. DBA Robinson Construction Company 215 North West Street Perryville, Missouri 63775 (573) 547-8397 as Principal, hereinafter called Contractor, and American Casualty Company of Reading, Pennsylvania CNA Plaza _Chicago, IL 60685 (312) 822-5000 as Surety, hereinafter called Surety, are held and firmly bound unto City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Ninety -Nine Thousand and N0/100--- dollars ($ 99,000.00-----=----- ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Agreement dated July 20 ,19 99 entered into a contract with Owner for construction of improvements to the water storage tank #1 at the Gordonville site (primarily valves, controls, and piping connection to the water distribution system and/or loss of stored water resulting from a seismic event and installation of seismic sensors at the Cape Rock Water 'Treatment Plant and Ramsey Branch Water Treatment Plant as defined by the Contract Drawings and Specifications. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of" the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. B. The above' -named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final -- judgment for such sum or sums as may be justly due claimant, and have y 00620 -CAP 00620-1 5799 L1 DOCUMENT 00620 - LABOR AND MATERYAL PAYMENT BOND: continued execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant other than one having a direct contract with Principal, shall have given written notice to any two of the following: the Contractor, the Owner, or the Surety within 90 days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. 2. After the expiration of one year following the date on which Contractor ceased Work on the Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 3. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. D. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. E. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Missouri. 00620-2 00620.CAP 5799 DOCUMENT 00620 - LABOR AND MATERIAL PAYMENT BOND: continued Signed and sealed this 20th day of July 1999 CONTRACTOR (CORPORATE SEAL) Robinson Mechanical Contractors, Inc. DBA Robinson Construction Company By— Francis E. Robinson, President r - SURETY COUNTERSIGNED: Resident Agent• State of Missouri ,.By Susan', orney-in-Fact ATTORNEY-IN-FACT rr, ' P.O. Box 66753 " St. Louis, MO 63166-6753 '(This.Iond sha-,l be accompanied with Attt+rney-in-Fact's authority from Surety) END OF DOCUMENT 00620 00620.CAP r� 5799 By Susan M. $tefanski, esident Agent (CORPORATE Approved as to Form: Attorney, for 00620-3 TOTAL P.06 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Thomas R Welsch Dennis Lutz Dennis Flatness Barbara M. Straub, Taffra S. Holman, Rebecca L. Liley, Susan M. Stefanski, Individually of St. Louis, Missouri their true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 1st day of February 1999 �r�GASUq�ly LMSURgH pmy0A CoRPOFLArt Q c � aarataT� s Z A� n JULY 31, NZ ° SFEV.. i 1897 � ^+�" - � • CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICANI CASUALTY COMPANY OF READING, PENNSYLVANIA Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 1st day of February 1999 , before me personally came Marvin J. Cashion, to me known, who, being by me duly swam, did depose and say: that he resides 1n the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 1JoRy C / p07ARY nuc ook Co' My Commission Expires March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of July 1999 CONTINENTAL CASUALTY COMPANY 0'F NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Q ; i�Tto JULY 71, NARZ4 s • Mary A. Ribikawskis Assistant Secretary (R ev.10/1 /97) Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." CHANGE ORDER (CO) PROJECT: Potable Water Storage Tank- Seismic Protection Improvements CO No.: 1. Gordonville Water Storage Tank No. 1 OWNER: City of Cape Girardeau, Missouri BURNS & McDONNELL PROJECT NO: 95-159-1-007 TO: Robinson Construction Company Perryville, Missouri CONTRACT NO: Seismic The below noted modifications to subject contract are directed by Owner and accepted by Contractor: 1. Construction of a new fourth wall to valve structure. 2. Remove section of existing 14 -inch diameter pipe and replace with new 14 -inch diameter pipe. (see attached cost breakdown from Robinson Construction.) The modifications noted above result in increase of ($ 4,449.03 ) in Contract Price, the current Contract Price being: OriginalContract Price.....................................................................................................$ 99,000.00 Total net amount of all previous Change Orders ...................................................(+) $ 4,449.03 Total net amount of this Change Order...................................................................(+) $ 0.00 Current Contract Including this Change Order..................................................................$ 103,449,.03 The Contract Time shall be unchanged, the current Completion Date being: Original Completion Date........................................................................................... February 21, 2000 Total net time adjustment of all previous Change Orders .............................. (+ or -) 0 days Total net time adjustment of this Change Order ............................................. (+ or -) 0 days Current Completion Date Including this Change Order ............................................. February 21, 2000 The price and/or time extension set forth in this Change Order is full compensation for all costs and delays, direct and indirect, incurred in connection with the conditions giving rise to this Change Order, the work specified herein, and any consequential costs, delays or effects on unchanged work resulting therefrom. This C�modified executed, constitutes a modification to the Contract and all provisions of the Contract, exce and by any previous Change Orders, shall apply hereto. OF CAPJE�GIRARDEAU, MISSOURI Gy /7Y DateE v Q !o The conditions of the Change Order are noted for compliance and payment. BURNS & MCDONNELL ENG W Initiated by Copies: ❑ wner; ❑ A/E; ❑Contract ❑Field; ❑ \\STLSRV\DATA\PR0fECTS\94159\ 100100\CONTRACT\SEISMIC-CO-0I .DOC ROBINSON CONSTRUCTION COMPANY B '/' Y Date Z /2 oDo T Date / / -2-5706 ROBINSON4,1 CONSTRUCTION PERRnILLE, t1V O ,_ General and Mechanical Contractors December 28, 1999 Robinson Construction Company Mr. George Hams Bums & McDonnell Engineers 1630 Des Peres Road St. Louis, MO 63131 RE: Gordonville Storage Tank #1 Seismic Protection Improvements 215 North West Street Perryville, Mo. 63775 573-547-8397 f-aX 573-547-8398 i L` Dear George: Reference is made to the valve vault details on drawing number 5 of 10 of the plans for the above referenced project. The design drawing was apparently made with the assumption that the existing tank foundafion consisted of a concrete ring wall the full depth of the proposed valve vault. Upon considerable investigation, it has been revealed that there is no ring wall in the location of the proposed valve vault. (rriiiiii� This creates a problem with the original design, which was for a vault with three concrete walls with a fourth wall being the existing ring wall. During the pre -construction conference, it was not yet apparent what the existing foundation consisted of. At that time it was believed that the value vault could simply be made a little wider and still tied to the existing foundation. It was also discussed that if this approach would not work it would be necessary to install a fourth wall to the valve vault. , At this time, it is obvious that the fourth wall will be necessary. The valve vault will need to be moved at least 2'-6" from the existing foundation to provide access for concrete form setting and removal. This change will then require that the existing discharge pipe be removed and a longer pipe installed to reach the new valve vault, this will eliminate another pipe joint in a location that will be nearly impossible to access after the valve vault is constructed. We have prepared and attached a quick plan and elevation of the proposed modifications and a price proposal to make the modifications. Your consideration of this proposed change to the contract will be greatly appreciated. Please note that the tank is currently scheduled to commence removed e oo about January m service and drained n January 3, 2000 and the underground pipe and valve work is scheduled If you have any questions, please let me know Sincerely, ROBINSON CONSTRUCTION COMPANY David Monier Project Manager DM/db attachments Excellence Through Continuous Improvement \\ROB1\RCCO FILES\job files\413 - Gordonville Water Storage Tank\01A-Change Orders\413 -letter concrete ring wall 12-28-99.doc Price Calculation for Design Change in Valve Vault Concrete Quantity - Original Design: = $ 840.00 Base Slab (7-33'x 8.33'x 1')/27 = 2.26 C.Y. Walls (6.83'+ 6.83'+ 5.67) x 8'f x 0.83'/ 27 = 4.75 C.Y. Top Slab (6.83'x 7.33'x 0.67')/27 = 1.24 C.Y. Subtotal Labor & Material Costs = 8.25 C.Y. Concrete Quantity - New Design: = $ 840.00 Base Slab (8.67'x 8.33'x 1')/27 = 2.67 C.Y. Walls (7.67' + 7.67' + 5.67' + 5.67') x 6.75' x 0.83' / 27 = 5.54 C.Y. Top Slab (7-67'x 7.33' x 0.67')/27 = 1.40 C.Y. Subtotal Labor & Material Costs = 9.61 C.Y. Ratio of New Design : Original Design: 9.61/8.25 = 1.1648 Proposed Price Adjustment this Item: _ Scheduled Value ($13,322.55) x 16.48% Pavement Repair N/A = $2,195.56 = $ 0.00 Price Calculation for Removal of Existing Pipe and Installation of New 14" x 10' F x PE DIP Labor: Operator 5 MH @ $29.35 = $ 146.75 Supervisor 5 MH @ $33.19 = $ 165.95 Pipe Fitters 10 MH @ $32.94 = $ 329.40 _ $ 642.10 Payroll Burden @ 16.04% _ $ 102.99 _ $ 745.09 Materials: 14" x 10' Long F x PE DIP 1 Each @ = $ 840.00 14" Flange Gasket Set 1 Each @ = $ 23.47 Z -Lok Gasket 1 Each @ = $ 45.64 _ $ 909.11 Subtotal Labor & Material Costs = $1,654.20 15% Contractor's Fee Per General Conditions Article 11.6.2.1 = $ 248.13 Total Price Labor, Material & Contractor's Fee = $1,902.33 Equipment: 710 JD Backhoe 5 HRS @ $70.34 = $ 351.70 Total Price this Item = $2,254.03 Total Price this Change Order = $4,449.59 r 14" UNIFLANGE 9'� 2'-6" 110"I 14" BFV 8711 V-9" 18" I 1211 1.31" a a 3'-6" 10" v 1 A" CI CVIC]1 C CVDANioi w InIKIT H 14" X 3'-6" DIP F X PE 6'-0„ 110"1 14" X 12" DIP F X F 14" BFV WITH AIR ACTUATOR 14" X 1'-9" DIP F X F I T V 1 1 PE X PE PROJECT GORDONVILLE TANK #1 SEISMIC IMPROVEMENTS JOB NO. 99-413 DATE 12-27-99 ROBINSON CONSTRUCTION CO. SCALE 1/2"=1' REV. 215 N. WEST ST. PERRYVILLE, MO. 63775 DRAWN C.CISSELL sHT. 1 OF 1 (573) 547-8397 EDGE OF PAVEMENT