HomeMy WebLinkAboutRES.1536.01-03-2000BILL NO. 2000-6
RESOLUTION NO. 163 Co
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH FRONABARGER CONCRETERS, INC.,
FOR THE MOUNT AUBURN ROAD EXTENSION
PROJECT
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 Mount Auburn
Road Extension Project (Mt. Auburn Road from Missouri Route 74 to
Bloomfield Road). A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS DAY OF , 20 00
A. Spradling, III, Daor
ATTEST:
A1.4/p 12� LO Xt
Gayle I. Conrad, City Clerk
CITY OF CAPE GIRARDEAU
MOUNT AUBURN ROAD EXTENSION
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year
19_ by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and Fronabarger Concreters, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The work to be performed under these Contract Documents shall consist of
all necessary grading, excavation and embankment construction, storm
sewers, drainage structures, construction of a seven-inch concrete
pavement, concrete curb, temporary asphaltic turn -around and other related
construction items necessary to accomplish the work in accordance with the
Plans and as stated in the Specifications prepared by Bowen Engineering &
Surveying, Inc. dated November, 1999.
This work is for the City of Cape Girardeau, Missouri.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER's representative, assume all duties
and responsibilities and have the rights and authority assigned to "ENGINEER" in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
A-1
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within one -hundred fifty (150) 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 one hundred sixty-five (165) 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 completed 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 Three Hundred Dollars ($ 300.00) for each
day that expires after the time specified in paragraph 3.1 for Substantial Completion until
the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified in
paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER Three Hundred Fifty
Dollars ($ 350.00) 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 paragraph 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: Two hundred fifty-two thousand eight hundred forty-
one dollars and seventy cents .............................. ($ 252,841.70)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
A-2
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by 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 remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied
by documentations satisfactory to OWNER as provided in paragraph 14.2
of the General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
A-3
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
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 acknowledges that OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness of information and data shown or indicated
in the Contract Documents with respect to Underground Facilities at or contiguous to the
site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all such additional supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site or otherwise which may affect cost,
progress, performance or furnishing of the Work or which relate to any aspect of the
means, methods, techniques, sequences and procedures of construction to be employed
by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR
does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
A-4
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 7 inclusive).
8.2 Exhibits to this Agreement (pages — -,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 -5 , inclusive).
8.7 Specifications bearing the title MOUNT AUBURN ROAD EXTENSION.
8.8 Drawings.
8.9 Addenda numbers 1 to 2, inclusive.
8.10 CONTRACTOR's Bid (pages BF -1 to BF -8 , inclusive) marked exhibit A.
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
_, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
A-5
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 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.
A-6
� r
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
muitiple copies, One counterpart each has been delivered to CONTRACTOR and
I ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
i have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
�'� This Agreement will be effective on , �
j (which is the�ffective Date of the Agreem
I
OWNER�'City of Cape Girardeau NTRACTOR�ilo�v�Aa,�s.P .!'aNc�tErs�es_ 1�c.
Mich I C " � --�it Mana G�fN ��eoNa� c ��•vr
By: '
' ,�-� [CORPORATE SEAL] ORPORATE SEA
Attest � Attest = _
Address for ving notices Addr ss f giving notices - _
401 Independence Street 3�.90 s��- ����w� �
Ca�e Girardeau, MO 63701 ��r �,���, ��sso��e� �3�6 S
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation, attach
evidence of authority to sign.)
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�, A-7
EXHIBIT A
CITY OF CAPE GIRARDEAU
MOUNT AUBURN ROAD EXTENSION
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The work to be performed under these Contract
Documents consists of all necessary grading, excavation and embankment construction,
storm sewers, drainage structures, construction of a seven-inch concrete pavement,
concrete curb, temporary asphaltic concrete turn -around and other related construction
items necessary to accomplish the work in accordance with the Plans, and as stated in the
Specifications and Contract Documents for this Project. The work is for the City of Cape
Girardeau, Missouri.
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 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 thirty-five days after the day
of Bid opening. THE BIDDER will sign and deliver the required number of counterparts of
the Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: (List Addenda by
Addendum Number and Date)
A-D-DEQ-00(ex � I ►a - I -9q
BF -1
(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 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.
(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.
BF -2
(i) (Any other representation required by Laws and Regulations.)
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
BF -3
UNIT PRICE BID
MOUNT AUBURN ROAD EXTENSION
TOTAL BID FOR ALL UNIT PRICES $ .2 6-�2 , 8 41 / • 7,0
I iTU,Vr7,2SD iCi F%h'Dvs.l,uy Z14H7-#0A)DlelD r"9,eW6Vr AA D ,�iv-1N73P6.,1�5
(WRITTEN AMOUNT)
BF -4
EST
UNIT
ESTIMATED
NO
ITEM
UNIT
QTY
PRICE
PRICE
1
REMOVE EXISTING IMPROVEMENTS
LS
1
$ 1,000.00
$ 1, 000, 00
2
CLEARING & GRUBBING
AC
1.30
$ t„ 1o0.OD
$ I, 560, o0
3
CLASS "B" EXCAVATION
CY
3,251
$ 2.00
$ 1"S0,12-00
4
REQUIRED BORROW
CY
10,168
$ 6.00
$ toI, 0o 9, oo
5
7" P.C. CONCRETE PAVEMENT
SY
7,099
$ 19.00
$ 134, 81. po
6
4" TYPE "V" AGGREGATE BASE
SY
7,980
$ J. So
$ _ 11, 970.00
7
DOUBLE CURB INLET
EA
1
$11,400,0o
$ 1, j4o.Oo
8
SINGLE CURB INLET
EA
2
$ 9 .OD
$ 1� gqo, 00
9
SPECIAL JUNCTION MANHOLE
EA
1
$ 11.200.00
$ 1,;00.00
10
54" R.C.P.
LF
82.5
$ /00.00
$ $,250.00
11
18" R.C.P.
LF
61
$ 22,00
$ 1, 3g. oo
12
15" R.C.P.
LF
90
$ Is -to
$ 1, Io.ZD.06
13
54" F.E.S.
EA
2
$ 1117S.00
$ a, 350, 00
14
15" F.E.S.
EA
2
$ 300.00
$ (�, o0
15
RIP RAP IN PLACE
TON
69
$ I.2,0D
$ gdj�, 00
16
FERTILIZE, SEED AND MULCH
AC
1.56
$ 1,460,
$ �' 00
17
PAVEMENT STRIPING
LF
5,128
$ 1.40
$ 7', 17 9. aD
18
PAVEMENT MARKINGS
LS
1
$ �
$ 400.00
19
PERMANENT TRAFFIC SIGNS
SF
16.25
$ do, 00
$ 3.2s, 00
20
4" P.C. CONCRETE SIDEWALK
SY
21.50
$ d-5-00
$ .S'37• SO
21
4" BITUMINOUS ASPHALT (BP -2)
TON
136
$ 0.06$
S.IAO • DO
22
PRIME COAT
GAL
155
$ 3.0o
$ y6S. DD
TOTAL BID FOR ALL UNIT PRICES $ .2 6-�2 , 8 41 / • 7,0
I iTU,Vr7,2SD iCi F%h'Dvs.l,uy Z14H7-#0A)DlelD r"9,eW6Vr AA D ,�iv-1N73P6.,1�5
(WRITTEN AMOUNT)
BF -4
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be
based on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within 150 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 165 calendar days
after the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check.
(b) Required BIDDER'S Qualification Statement with supporting data.
7. Communications concerning this Bid shall be addressed to:
Name r2o11JA QA2Gfi2 GNCR6,T-�F25,-T�jc.
Address OAK WIDdt, MO 63769
(a) Performance and Payment Bonding Company
Name VM 1T -,-'D rfeI- � Osu,4L7-Y CO .vY
Address 19 -5X0,0 D 4L., Sf D. Zox 7.3 90 S, aDA/R 1�9PID.S,J,04,W �v75lo�
Agent\Power of Attorney Name (if used)
Address
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 on1999.
State Contractor License No.
BF -5
IF BIDDER is:
An Individual
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By
(Firm Name)
(General Partner)
Business address:
EAL)
Phone No..
`` f ........h
S
A CorporationCy
d d OC/2ET-i2S l
By 0 AJ,4 I3 Ale S If ,
�tJC,
(SgAL)
(Corporation Name)
i
(State of Incorporation)
T
vq
S,8AL 1
(Name Per. on Authoriz to Sign)
(Title) �'� <4
yin•'
(Corporate Seal)
Attest
(Se
refigIy);
Business address: 1'.22D smm /GNLt>.9*% ,E
inqic
Phone No.: .5-7 3 - J-
I-Offel
:
Date of Qualification to do business is
A Joint Venture
By
(Name)
(Address)
By
(Name)
(Address)
Phone Number and Address for receipt of official communications:
SEAL)
SEAL)
(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 -7
CITY OF CAPE GIRARDEAU
MOUNT AUBURN ROAD EXTENSION
ADDENDUM #1
The following revisions have been made to the above named Contract Documents:
Section X, Pavement Striping, of the Specifications
Omit the note regarding the City of Cape Girardeau's Specifications for Purchase of Paint
being included in the bid package. Instead, please refer to Sec. 620.53 of the "Missouri Standard
Specifications for Highway Construction" and all other applicable sections for paint
specifications.
Please Note:
THE PRE-BID MEETING SCHEDULED ON DECEMBER 2, 1999, AT
9:00 A.M. IS OPTIONAL, NOT MANDATORY AS STATED IN THE
CONTRACT DOCUMENTS.
The Contractor shall be responsible for surveying and layout of the work to be performed
under the Contract Documents as presented in the General Conditions, Article 6, Section 6.3.
Cost shall be incidental to the contract price.
This addendum must be signed and attached to your Bid Documents.
Date
I
CITY OF CAPE GIRARDEAU
MOUNT AUBURN ROAD EXTENSION
ADDENDUM #2
The following revisions have been made to the above named Contract Documents:
Several items have been changed on the bid tab. Those changes are as follows:
• Delete item no. 3 — Traffic Control. Traffic control costs will be incidental to the
Contract.
• Class `B" Excavation quantity has decreased.
• Required Borrow quantity has increased.
Please use revised bid tab when preparing a bid.
Please find included the minutes and questions from the Pre -Bid meeting held on December 2,
1999.
❖ The new bid date will be December 149 1999, at 2:00 pm at the Office of the
City Engineer.
This addendum must be signed and attached to your Bid Documents.
Date 12 i
• It
0
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
BID BOND
Approaed by The American Institute of Architects, AI.A Document No. A 310 February 1970 Edition
KNOW ALL MEN By THESE PRESEN75, that we Fronabarger _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 Independence, Cape Girardeau, MO _ 63701
in the sum of
**5% of Bi&r"Amount
as Obligee, hereinafter called the Obligee,
Dollars
($ **5% of 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, firmly by these
presents.
WHEREAS, the Principal has submitted a bid for Mount Auburn Road Extens
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 Principal 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 null and void, otherwise to remain in—f&,force and
effect.
Signed 14th da of December A -j 11g�p�,
Si ed and sealed this Y ;��� ��-II
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 14th day of December 19 99
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 & Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached
instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said
Corporation by authority of its Board of Directors and the said Todd A. Ward acknowledged that he/she
executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation.
PRISCUA B. HUNTER
Notary Publlo-Notary Seal
State of Missouri
Ca,o Girardeau County
My Cornrnt-,Ion Expires Apr 20,2D01
4 09969 -
UND-2031 b
Notary Public
4
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
Un (Original on file at Home Office of Company - See Certification)
KNOW ALL MEN BY TI4ESE PRESENTS, That the UNI1 ED FIRE & CASUALTY COMPANY, a corporation duly organized and existing
under the laws of the State of Iowa, and having its Principal office in Cedar Rapids, Stale of Iowa, does make, constitute and
appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN H. RAUSENBERGER, OR
WILLIAM TALLMAN, CARBONDALE, IL, OR TODD A. WARD, OR MARK A. GOODMAN,
OR PRISCILLA B. HUNTER, OR C)IRISTIE ADAMS, CAPE GIRARDEAU, MO,
ALL INDIVIDUALLY
of P 0 BOX 849 CARBONDALE IL 62903
its true and lawful AttoineY(s)-in-Fact with power and authority hereby conferred to sign,YeaIAND ALL1eBIbehalf all
BONDS
lawful bonds, undertakings and other obligatory instruments of similar nature as follows:
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. 2001 unless sooner revoked.
The Authority hereby granted shall expire MAY 6 t tl
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 on April 18, 1973.
"Article V - Surety Bonds and Undertakings."
section 2, Appointment of Attorney -In -Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint
by written certificates attorneys -In -fact to act In beof the Company In the execution of policies of Insurance, bonds, undertakings and other
obligatory Instruments of like nature. The signature of any officer aulhorlzed hereby, and the Corporate seal, may be affixed i facsimile to any
powerol attorney or special power of attorney or certification of either authorized hereby;
y; such signature and seal, when so used, being adopted by the
Company as the orlyinol slgnalurn of such officer mrd the orlylnal seal of tlrn Com .in to be valid and binding upon the Company with the same force
and effect as though manually affixed. such altorueys-in-fact, subject to fire limitations set forth in their respective certificates of au
lhorlly 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
previously given to
or any vice President, the Board of Directors or any other officer of lire Company may at any time revoke all power and authority
any attorney-Illlact.
IN WITNESS WHEREOF, the UNIIED FIRE & CASUALTY COMPANY has caused these presents
to be signed by its assistant vice president and its corporate seal to be hereto affixed this
.A.D. 1999
6th day of MAY
4 COIPOIAIE
•— UNITED FIRE & CASUALTY COMPANY
BILL S
o�4 a y `0r,`
�4uun7p By
Assista+V'etlent
State of Iowa, County of Llnn, ss: h�
On this 6ttt day of MAY 1999, before the personally came Jeffrey A. Chapin
to me known, who being by me duly sworn, did depose and say: that tie resides in Cedar Rapids, State of Iowa; that he is a
Assistant Vice President of the FIRE & CASUALTY COMPANY, lite corporation described in and which executed th
seal of said corporation; that the seal affixed to the said instrument is such corporate
above instrument; that he knows lite sauthority given by the Board of Directors of said corporation and that he signed hi
seal; that it was so affixed pursuant a
name thereto pursuant to like authority, and acknowledges sante to be the act and deed of said corpprati .a
Notary P tic
My commission expires March 4
x1� 2 0
SHERYLA.MGVAY
• MY COMMISSION EXPIRES CERTIFICATION
March 4, 2000
ertify that I have compared the
oif
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby c
aws of said Company as set fortthh in sa
copy of the Power of Attorney and affidavit, and the COPY of the Section of the By -Ln
Power of Attorney, with the ORIGINALS ON FILE IN TFIE HOME OFFICE OF SAID COMPANY, and that the same are corre
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and
now in full force and effect.
al of the s
� In testimony whereof I have hereunto subscribed my name and a ed the corporate se
111. N, Company this 14th day of December 19 99
° C011�liliE � G�ti��
BXAL �
ecretar
44,
�'ruwuhrr
r
UNITED FIRE & CASllA TY COMPikNY UNITED LIFE INSURANCE COMPANY
11$ SECOND AVENUE, S.E.., P.O. Box 73909 CEDAR. RAPIDS, IOWA 52407
NOTICE TO MISSOURI SURETY BOND IIOLDERS
Should you have a questions about your bond or policy, Tease contact your insurance agent first.
If you are unable to contact or ob(ain information from your agent, you may contact our company at
address and phone number below:
UNITED F IRI. & CASUALTY COMPANY
A'I"I'ENI'ION: BOND DEPARTMENT
I'.O. IZOX 73909
CEDAR RAPIDS, IOWA 52407
1-800-343-9130
T f_
CITY OF CAPE GIRARDEAU
MOUNT AUBURN ROAD EXTENSION
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the _%' - day of -the year
by and between the City of Cape Girardeau, Missouri (herein fter called OWNER)
and Fronabarger Concreters, Inc. (hereinafter called CO RACTOR).
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 shall consist of
all necessary grading, excavation and embankment construction, storm
sewers, drainage structures, construction of a seven-inch concrete
pavement, concrete curb, temporary asphaltic turn -around and other related
construction items necessary to accomplish the work in accordance with the
Plans and as stated in the Specifications prepared by Bowen Engineering &
Surveying, Inc. dated November, 1999.
This work is for the City of Cape Girardeau, Missouri.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER's representative, assume all duties
and responsibilities and have the rights and authority assigned to "ENGINEER" in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
A-1
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within one -hundred fifty (150) 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 one hundred sixty-five (165) days after
the date when the Contract Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
Bssence 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 completed 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 Three Hundred Dollars ($ 300.00) for each
day that expires after the time specified in paragraph 3.1 for Substantial Completion until
rhe Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time specified in
paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER Three Hundred Fifty
Dollars ($ 350.00) 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 paragraph 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
aach 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: Two hundred fifty-two thousand eight hundred forty
-
:)ne dollars and seventy cents .............................. ($ 252,841.70)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
A-2
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by 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 remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied
by documentations satisfactory to OWNER as provided in paragraph 14.2
of the General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
A-3
r
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
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 acknowledges that OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness of information and data shown or indicated
in the Contract Documents with respect to Underground Facilities at or contiguous to the
site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all such additional supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site or otherwise which may affect cost,
progress, performance or furnishing of the Work or which relate to any aspect of the
means, methods, techniques, sequences and procedures of construction to be employed
by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR
does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
A-4
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 7 inclusive).
8.2 Exhibits to this Agreement (pages FoBF-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 -5, inclusive).
8.7 Specifications bearing the title MOUNT AUBURN ROAD EXTENSION.
8.8 Drawings.
8.9 Addenda numbers 1 to 2, inclusive.
8.10 CONTRACTOR's Bid (pages BF -1 to BF -8 , inclusive) marked exhibit A .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
_, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
A-5
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 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.
A-6
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions 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
(which is the i2ffective Date of the Agreem
OWNER City of Cape Girardeau NTRACTOR><ilo�aeAao�2�cNc��ra.es_ tae .
Michael G ,-City Mana V4JN 04 iWDrJAQ c .1fa6-vr
By. -
[CORPORATE SEAL] eKORPbRATE SEALV
AttestQ Attest
AddresAfor ving notices Addr ss f giving notices
401 Independence Street 390 -.S�r�-cf�w, E
Cape Girardeau, MO 63701
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation, attach
evidence of authority to sign.)
A-7
EXHIBIT A
CITY OF CAPE GIRARDEAU
MOUNT AUBURN ROAD EXTENSION
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The work to be performed under these Contract
Documents consists of all necessary grading, excavation and embankment construction,
storm sewers, drainage structures, construction of a seven-inch concrete pavement,
concrete curb, temporary asphaltic concrete turn -around and other related construction
items necessary to accomplish the work in accordance with the Plans, and as stated in the
Specifications and Contract Documents for this Project. The work is for the City of Cape
Girardeau, Missouri.
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 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 thirty-five days after the day
of Bid opening. THE BIDDER will sign and deliver the required number of counterparts of
the Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: (List Addenda by
Addendum Number and Date)
BF -1
(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 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.
(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.
BF -2
(i) (Any other representation required by Laws and Regulations.)
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
BF -3
UNIT PRICE BID
MOUNT AUBURN ROAD EXTENSION
TOTAL BID FOR ALL UNIT PRICES $ S.2 , 8 / . 7D
Too Th/�v�5 �9 A7D �G NT �vND�Zfd7 Irpi2TYUV� ND a,�U�NTS�CENi�
(WRITTEN AMOUNT)
BF -4
EST
UNIT
ESTIMATED
NO ITEM
UNIT
QTY
PRICE
PRICE
1
REMOVE EXISTING IMPROVEMENTS
LS
1
$ 1, 000.00
$ 1, 000, 00
2
CLEARING & GRUBBING
AC
1.30
$ 1„;00, p0
$ 11 Shp, Do
3
CLASS "B” EXCAVATION
CY
3,251
$ �.00
$ 6,so,t. o0
4
REQUIRED BORROW
CY
10,168
$ 6. AD
$ �/, 00 8, 00
5
7" P.C. CONCRETE PAVEMENT
SY
7,099
$ 19. Do
$ 134, X81. po
6
4" TYPE "V" AGGREGATE BASE
SY
7,980
$ J. SD
$ 11, 970, DD
7
DOUBLE CURB INLET
EA
1
$ 1y0p.Do
$I, il(.b.ov
8
SINGLE CURB INLET
EA
2
$ 9,T&
$ 14 8M, 00
9
SPECIAL JUNCTION MANHOLE
EA
1
$ 6200.00
$ l , x00.00
10
54" R.C.P.
LF
82.5
$ /,00,00
$ $, 250.00
11
18" R.C.P.
LF
61
$ od.2,00
$
12
15" R.C.P.
LF
90
$ 18.00
$ I,1o.10.D0
13
54" F.E.S.
EA
2
$ 1,17S. 00
$ a, 350 00
14
15" F.E.S.
EA
2
$ 300.00
$
15
RIP RAP IN PLACE
TON
69
$ /.X, DO
$ 00
16
FERTILIZE, SEED AND MULCH
AC
1.56
$ 140b
$ 211914-00
17
PAVEMENT STRIPING
LF
5,128
$ 1. D
$ 7, 17 9. a0
18
PAVEMENT MARKINGS
LS
1
$
$
19
PERMANENT TRAFFIC SIGNS
SF
16.25
$ p, 00
$ �a�, 00
20
4" P.C. CONCRETE SIDEWALK
SY
21.50
$ App
$ .537• �D
21
4" BITUMINOUS ASPHALT (BP -2)
TON
136
$ 'g.
$ S-4- X0.60
22
PRIME COAT
GAL
155
$ 3-60s
-qU. DO
TOTAL BID FOR ALL UNIT PRICES $ S.2 , 8 / . 7D
Too Th/�v�5 �9 A7D �G NT �vND�Zfd7 Irpi2TYUV� ND a,�U�NTS�CENi�
(WRITTEN AMOUNT)
BF -4
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be
based on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within 150 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 165 calendar days
after the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check.
(b) Required BIDDER'S Qualification Statement with supporting data.
7. Communications concerning this Bid shall be addressed to:
Name R Q 92Gf,2 o,ye2 6,7-,F
Address 3.290 ST/97-45 ��c'`�w,4•� E, OAK12r�xE , MO 637/9
(a) Performance and Payment Bonding Company
Name L�) i 776D >� fe L � ORS u,4 (. Ty (?6M O O v y
Address 18 S600ND Sf PO. lox 7390 S, (�DAa-1�gv1Ds j s,1yp7
Agent\Power of Attorney Name (if used)
Address
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 on199?.
State Contractor License No.
BF -5
IF BIDDER is:
An Individual
By
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By
(Firm Name)
(General Partner)
Business address:
SEAL)
Phone No.:
.
A Corporation 7
E "0
By 0tJ,4 /3A k)C/lET�/2S ,1_AjC,
(SI ,AL) C�toJ
(Corporation Name)
? °`
MI55002I
(State of Incorporation)r,�
I�2�seD�,ur (SEAL) t `;
(Name Per on Authoriz to Sign)
(Title)c' U)' ' r, ,
(Corporate Seal)
Attest r
(Secretary)
Business address: �� SD Sr,�r� /GHLt>i9� Er
69e 2 DoE,
Phone No.: -6-7 3 - a/6 - 3,,Z J -Z
Uw,
Date of Qualification to do business is
A Joint Venture
By
(Name)
(Address)
By
(Name)
(Address)
Phone Number and Address for receipt of official communications:
SEAL)
SEAL)
(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 -7
CITY OF CAPE GIRARDEAU
MOUNT AUBURN ROAD EXTENSION
ADDENDUM #1
The following revisions have been made to the above named Contract Documents:
Section X, Pavement Striping, of the Specifications
Omit the note regarding the City of Cape Girardeau's Specifications for Purchase of Paint
being included in the bid package. Instead, please refer to Sec. 620.53 of the "Missouri Standard
Specifications for Highway Construction" and all other applicable sections for paint
specifications.
Please Note:
THE PRE-BID MEETING SCHEDULED ON DECEMBER 2, 1999, AT
9:00 A.M. IS OPTIONAL, NOT MANDATORY AS STATED IN THE
CONTRACT DOCUMENTS.
The Contractor shall be responsible for surveying and layout of the work to be performed
under the Contract Documents as presented in the General Conditions, Article 6, Section 6.3.
Cost shall be incidental to the contract price.
This addendum must be signed and attached to your Bid Documents.
Date
CITY OF CAPE GIRARDEAU
MOUNT AUBURN ROAD EXTENSION
ADDENDUM #2
The following revisions have been made to the above named Contract Documents:
Several items have been changed on the bid tab. Those changes are as follows:
• Delete item no. 3 — Traffic Control. Traffic control costs will be incidental to the
Contract.
• Class `B" Excavation quantity has decreased.
• Required Borrow quantity has increased.
Please use revised bid tab when preparing a bid.
Please find included the minutes and questions from the Pre -Bid meeting held on December 2,
1999.
❖ The new bid date will be December 14, 1999, at 2:00 pm at the Office of the
City Engineer.
This addendum must be signed and attached to your Bid Documents.
Date 12 i
Un
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
BID BOND
Approved by The American lustitute of Architects, A.I.A Document No. A 310 February 1970 Edition
KNOwALL MEN BYTHESEPRESENTS,that we-_Fronabarger--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 Independence, Cape Girardeau, MO 63701
in the sum of
**5% of BidciAmount
as Obligee, hereinafter called the Obligee,
Dollars
($ **5% of 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, firmly by these
presents.
WHEREAS, the Principal has submitted a bid for Mount Auburn Road Extension
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 Principal 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 null and void, otherwise to remain in full' force and
effect.
Signed and sealed this lith — _ day of December (.J i E . lg. 9
lh.T!�
FRONABARGER CONCRETERS , INC,.,
--- (PRINCIPAL)(WI IN
s ✓1
E)
UNITED FIRE & CASUALTY C MPANY '. Ni.:
(SURETY) ,� til (f
Ys
To A. Ward (ATTORNEY -w -FACT)
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 14th day of December 19 99
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 & Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached
instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said
Corporation by authority of its Board of Directors and the said Todd A. Ward acknowledged that he/she
executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation.
-------------------
PRISCILLA B. HWER
Notary Public -Notary Seal
State of Missouri
Cc -.;:;o Girardeau County
My Ccrnmitslon Expires Apr 20.2001 Notary Public
UND-2031 b
I • r
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
Un (Original on file at Home Office of Company — See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing
under the laws of the State of Iowa, and having its Principal office in Cedar Rapids, State of Iowa, does make, constitute and
appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN 11. RAUSENBERGER, OR
WILLIAM TALLMAN, CARBONDALE, IL, OR TODD A. WARD, OR MARK A. GOODMAN,
OR PRISCILLA B. 11UNTER, OR CHRISTIE ADAMS, CAPE GIRARDEAU, MO,
ALL INDIVIDUALLY
of P 0 BOX 849 CARBONDALE IL 62903
its true and lawful Attorneys) -in-Fact with power and authority hereby conferred to sign
NYeaIAND ALLad teBIONDSbehalf all
lawful bonds, undertakings and other obligatory instruments of similar nature as follows:
by
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments
toe
a signed y
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, Pursuant
hereby given are hereby ratified and confirmed. 2001 unless sooner revoked.
The Authority hereby granted shall expire MAY 6 t It
to and by authority of fire following By—Law duly adopted by the
This power of Attorney is made and executed pursuant
Board of Directors of the Company on April 18, 1973.
"Article V — Surety Bonds and Undertakings."
Section 2, Appointment of Attorney -In -Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint
by written certificates attorneys -in -fact to act In behalf of the Company It' fire execution of policies of Insurance, bonds, undertakings and other
obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be alfixed by facsimile to any
powerol attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the
Company tt the original special
signaturn of such officer and the orlylnal scot of the Company. to be valid and binding upon the Company with the same force
t forth their respective certIlicates
and effect as though manually affixed. Such attorneys-in-lact, subject to the limitations se
full power to bind the Company by their signature and execution of any such instruments and to atrtl ach the seal of the Company thereto. The President
of authority shall have
or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to
any attorney111-tac.t
I IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
to be signed by its assistant vice president and its corporate seal to be hereto affixed this
A.D. 1999
� 6t11 day of MAY
` COtfO1A1E
•-- �, UNITED FIRE &CASUALTY COMPANY
SIAL 4;
*By `
4,uurt"� By
OPA
*AssistantPresident
State of Iowa, County of Llnn, ss:
On this 6t11 day of MAY 1.999, before me Personally came Jeffrey A. Chapin
to me known, who being by me duly sworn, did depose and say: that fie resides in Cedar Rapids, State of Iowa; that he is an
Assistant Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the
above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporated
seal; that it was so affixed pursuant to authority given by lire Board of Directors of said corporation and that h(,e� , signed
%his
name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corppration. / Y l —1/CLL
��N000ttar�y, P tic
SHERYLA. MCVAY My commission expires March 4 AD 200
KMY
COMMISSION EXPIRES CERTIFICATION
March 4, 2000
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoinc
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 saic
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correc
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and ii
now in full force and effect.
In testimony whereof I have hereunto subscribed my name and a ed the corporate seal of the sal
st`�{,Fk�Yk Company this 14th day of December 1999
CORPORATE /
r�r
0
Wpuua�N
rA
UNITED FIRE & CASUALTY COMPANY UNITED IAFE INSURANCE COMPANY
116 SECOND AV NUF, S.R.., P.O. U.OX 73909 CEDAR. RAPIDS, IOM(A 52407
NOTICE TO MISSOURI SURETY BOND IIOLDERS
Should you have a questions about your bond or policy, please contact your insurance agent first.
If you are unable to contact or obtain information from your agent, you may contact our company at
address and phone number below:
UNITED DIRE & CASUALTY COMPANY
ATTEN'T'ION: BOND DEPARTMENT
Y.O. IIOX 73909
CEDAR RAPIDS, IOWA 52407
1-800-3430130
CHANGE ORDER #1 & FINAL
PROJECT TITLE: Mount Auburn Road Extension (Bloomfield To 74)
CONTRACT DATE: March 6, 2000
CONTRACTOR: Fronabarger Concreters, Inc.
The following changes are hereby made to the Contract Documents:
Part 1: Additional Quantities
NO
Item
Unit
Additional
Quantity
Contract
Unit Price
Price
2
Clearing & Grubbing
AC
0.41
$ 1,200.00
$ 492.00
11
18" R.C.P.
LF
1
$ 22.00
$ 22.00
10
54" R.C.P.
LF
4.5
$ 100.00
$ 450.00
15
Rip Rap In Place
TON
62.33
$ 12.00
$ 747.96
16
Fertilize, Seed & Mulch
AC
0.41
$ 1,400.00
$ 574.00
21
4" Bituminous Asphalt (BP -2)
TON
16.45
$ 40.00
$ 658.00
22
113rime Coat
GAL
1
$ 3.00
$ 3.00
TOTAL $2,946.96
Justification
Additional quantities were needed for the proper completion of the project.
Part 2: Delete Quantities
NO
Item
Unit
Delete
Quantity
Contract
Unit Price
Price
5
7" P.C. Concrete Pavement
SY
14
$ 19.00
$ 266.00
17
Pavement Striping
LF
1800.5
$ 1.40
$2,520.70
20
4" P.C. Concrete Sidewalk
sy
21.5
$ 25.00 1
$ 537.50
TOTAL $3,324.20
Justification
Item 5, T' P.C. concrete pavement, quantity was not necessary for the completion of the project.
Item 17, Pavement Striping was calculated based on the assumption that the City of Cape
Girardeau was going to strip up to Highway 74. However; upon communicating with State
officials it was determined that it would be better if the state would strip up to their right of way
line. Hence the additional unused quantity.
Change Order # 1 & FINAL
Mt. Auburn Road Extension(Bloomfield to Rt. 74)
Page Two of Two
Item 20, 4" P.C. Concrete Sidewalk, was reduced as this section of sidewalk was constructed
and paid for with the Bloomfield Street project because it was a continuation of the sidewalk
being constructed on that project.
Change to Contract Price
Original contract price:
$ 252,841.70
Current contract price due to previous change orders is:
$ 252,841.70
Current contract price due to this change order will be decreased by:
$ 377.24
The new contract price due to this change order will be:
$ 252,464.46
Change to Contract Time
There will be no change in contract time due to this change order.
Approval Required:
To be effective, this Change Order must be approved by the owner if it changes the scope
or objective of the project, or may otherwise be required under the terms of the Supplementary
General Conditions to the Contract.
Recommended by e `1 Date
Mark—A. Lester, City Engineer
Abdulkader Alkadry, Project Manager
Approved by
Michael G. Miller, City Manager
Date Ol 1:2 y 1 01
Date 2,-2-6(
Accepted by Date /%z- X:
For ro argeConcreter$; c. —�
CHANGE ORDER # 3 & FINAL
PROJECT TITLE: Mt. Auburn Road Widening and Signalization
CONTRACT DATE: December 30, 2002
CONTRACTOR: Lappe Cement Finishing, Inc.
The following changes are hereby made to the Contract Documents:
Part 1- Adjustments to contract item(s)
Item +/-
Quantity
Unit Cost
Adjustment
4 Class A Rock +
25 C.Y.
$
200.00
$5,000.00
9 Concrete Flume -
30 L.F.
$
21.60
$ 648.00
11 Rip Rap Energy
Dissipater +
18 S.Y.
$
26.40
$ 475.20
12 18" Class III RCP -
23 L.F.
$
26.10
$ 600.30
14 7"PCC +
504.6 S.Y.
$
18.70
$9,436.02
15 4" Gran. Base +
516.3 S.Y.
$
1.25
$ 645.37
16 6" PCC Entr.&Dr -
531.8 S.Y.
$
21.70
$11,540.06
17 6" Curb -
294 L.F.
$
.40
$ 117.60
18 6" Raised Islands -
174 L.F.
$
20.15
$ 3,506.10
20 4'X4' Sidewalk +
1,225.9 S.F.
$
1.90
$2,329,21
21 Install New Signs -
2 Each
$
120.00
$ 240.00
23 Adjust Water Valves -
1 Each
$
80.00
$ 80.00
30 3" Conduit +
59 L.F.
$
11.00
$ 649.00
31 4" Conduit +
8 L.F.
$
12.00
$ 96.00
32 5" Conduit +
6 L.F.
$
13.00
$ 78.00
35 Signal Heads +
2 Each
$
800.00
$1,600.00
39 Pull Boxes -
2 Each
$
1,200.00
$ 2,400.00
20718" Class III RCP -
4 L.F.
$
26.40
$ 105.60
20834"X54" Horiz. RCP
4 L.F.
$
80.75
$ 323.00
2097" PCC -west side +
480 S.Y.
$
17.70
$8,496.00
2104" Granular Base +
507 S.Y.
$
1.25
$ 633.75
2116" PCC Entr &Dr -
77.9S.Y.
$
22.00
$ 1,713.80
2126" Curb -
79 L.F.
$
.40
$ 31.60
216Relocate Fire Hydrant -
1 Each
$
750.00
$ 750.00
Part 11: Additional contract item(s)
4" Expansion Joint
1,306 L.F.
$
.55
$ 718.30
Change to High Early Concrete Lump Sum
$ 27.24
Traffic Re -directional Signs
Lump Sum
$ 235.19
Reset Forms & Grade
Lump Sum
$1,850.00
Extra Inlet for St. Francis
Lump Sum
$3,717.60
Install LED to Signal Heads
2 Each
$
150.00
$ 300.00
$36,286.88
$-229056.06
justification
The adjustment to contract items brings them to as constructed quantities. Additional items
were added to the contract due to field adjustments during construction, additional signage
required on the job, compliance with MODOT standards on the traffic signals, and to
provide additional drainage inlets to handle heavy rainfall events.
Change to Contract Price
Original contract price: $377,578.95
Current contract price due to previous change orders: $412,820.60
Current contract price due to this change order will be increased by: $14,230.82
The new contract price due to this change order will be: $ 427,051.42
Change to Contract Time
No change to contract times
Approval Required:
To be effective, this Change Order must be approved by the owner if it changes the
scope or objective of the project, or may otherwise be required under the terms of the
Supplementary General Conditions to the Contract.
Recommended by � Date
Mark A. 'ester, City Engineer
�L Date
Tim Thornton, Project Manager
Approved by
Douglas . Leslie, City Manager
Accepted by
appe ermZpWhishing, Inc.
// -/ J. .,-S,
Date I/)/- �i U3
Date I I- I q -03