Loading...
HomeMy WebLinkAboutRES.1579.07-03-2000BILL NO. 2000-165 RESOLUTION NO. / J -] `� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC. FOR THE HOPPER ROAD EXTENSION, PHASE I 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 Hopper Road Extension, Phase I. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ' DAY OF Lle ki 20" e 4'4�� WZ7W, A. M. Spradling, III,&Y—or ATTEST: �L)o 0� 6 Gayle L Conrad, City Clerk CITY OF CAPE GIRARDEAU HOPPER ROAD EXTENSION PHASE 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 20_ 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 of all necessary grading, excavation and embankment construction, storm sewers, drainage structures, construction of a seven-inch concrete pavement with concrete curb 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 May, 2000. 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 eighty (180) 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 of the General Conditions within two -hundred ten (210) 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: Five hundred fifty-two thousand, six hundred seventy nine dollars and ninety-six cents($ 552.679.96 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 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. 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. 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 F&MI 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 _ 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, Available upon request). 8.6 Supplementary Conditions (pages SC -1 to SC -5, inclusive). 8.7 Specifications bearing the title HOPPER ROAD EXTENSION PHASE I. 8.8 Standard Specifications for Street Improvements and Sidewalk Improvements (Available upon request). 8.9 Drawings. 8.10 Addenda numbers 1 to _, inclusive. 8.11 CONTRACTOR's Bid (pages BF -1 to BF -8 , inclusive) marked exhibit A . 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _, inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 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 muitiple 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 , 20�(which is the Effective Date of the,.l�kgteeme t). OWNER �t of Ca e Girardeau CONTRACTOR Fronabarger Concreters, .Ir}c. Micha � . Mi Cit Mana er � -- z g • � B y: - _ �' [CORPO EAL] [ R ORATE S L] � � _ ,/'� � __ , , Attest Attest Address for ving notices Addre s for giving notices 401 Independence Street 3290 State Hiqhway E Cape Girardeau. MO 63702 Oak Ridge, MO 63769 (If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-7 EXHIBIT A CITY OF CAPE GIRARDEAU HOPPER ROAD EXTENSION PHASE 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 with concrete curb 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 X3702-0617 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) MDD.6N Dom 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. (i) (Any other representation required by Laws and Regulations.) BF -2 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): BF -3 Unit Price Bid Hopper Road Extension, Phase I Cape Girardeau Missouri NO BF-4 ITEM UNIT EST. QTY UNIT PRICE ESTIMATED AMOUNT 1 REMOVE EXISTING IMPROVEMENTS L.S. 1 11, DO 0.00 /l, 000, 00 2 CLEARING & GRUBBING ACRES 3.32 3 CLASS "B" EXCAVATION CU. YD 51,144 4 " a Z — — 5 SPOIL CU. YD 16,676 a,S'p yfl, 6 90, 00 6 7" P.C. CONCRETE PAVEMENT SQ. YD 14,381 g . Ov A7.3.2 3 9-66 7 4" TYPE "V" AGGREGATE BASE -YD 15,174. 1 6^0 19 76 1.610 8 6" GRADE "B" SURFACE AGGREGATE Q. YD 94 /. co /yl/.OD 9 2" BITUMINOUS PAVEMENT, BP -1 TON 8 S0. 00 404.60 10 5" BITUMINOUS BASE MATERIAL TON 21 .5-0.00 /DSO.OD 11 PRIME COAT GAL. 74 00 a�,'(, DD 12 4" P.C. CONCRETE SIDEWALK SQ. YD 1,541 D, DO 3D 40. 13 4' DIA. JUNCTION MANHOLE EACH 2 J , 00.00 Al 1100.4,0 14 3'-6"X T -O" SINGLE CURB INLET EACH 11 1 900.00 J9, 900.00 15 4'-0" X 4'-0" SINGLE CURB INLET EACH 2 1 b00.00 a 000.00 16 5'-0" X 4'-0" SINGLE CURB INLET EACH 1 1 �JOD. QQ /1466 •QQ 17 3'-0" X T-0" GRATED INLET EACH 1 0D .2-f . DO 18 15" R.C.P. L.F. 159 /7.40 744-640 19 18" R.C.P. L.F. 491 I�.Gg 9 17/•89 20 18" F.E.S. EACH 6 DD 1'.5-40,06 21 REMOVE AND RELAY EXISTING 18" F.E.S. 24" R.C.P. 24" F.E.S. EACH 1 JOD.00 /00, 00 22 L.F. 680.5 JS'.7S 17S 88 23 EACH 2 3 a.00 /' 6 D, DO 24 30" R.C.P. L.F. 136.5 , O OQ 25 30" F.E.S. RIP RAP IN PLACE (18" THICK) EACH 2 26 SQ. YD 244 0.60 2,41410.00 27 FERTILIZER, SEEDING, & MULCHING ACRES 5 5 J OD IoOD.DO 28 EROSION CONTROL L.S. 1 7 Dgrj.DO 7,0A0- DDD• BF-4 NO ITEM UNIT EST. QTY UNIT PRICE ESTIMATED AMOUNT 29 STOP SIGNS (MUTCD R1-1) EACH 2 a� o S�Q, 00 30 TRAFFIC CONTROL L.S. 00 Soo • 00 31 SPEED LIMIT SIGNS (MUTCD R2-1) EACH 2 BID TOTAL: $ � 79. 96 BID TOTAL: --i v.6 Ho vv,-" rirrY %vo 7 yovjAA�Dsix lav v��� S6v4,;7-s' M Qr_ II)OD 1J, w; Y S/ x C�,v7s (Written figure) 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 180 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 210 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. .1 (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: Name �i2oNi4 �A 2Cc,2 Co,�C2�r� 2s , 1,�e . Address 3x90 Sr,4:6 M 4144,j�-VV E , 61914'1 ,f , /7%D oI.?J6Y (a) Performance and Payment Bonding Company Nameyuj rED 4,,0-6 CASUAL rCom�An Address -PD • fox 73 409 (26Z)A,e .'a SVD7 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 on J Vm 6, 13 , 20 00. State Contractor License No. Allo N • IF BIDDER IS: An Individual By Doing business as Business address: Phone No.: A Partnership By Business address: Phone No.: A Corporation (Individual Name) (Firm Name) (General Partner) By i iIWAJAO g96C2 LO AI C /,zc r�2S , 1n.� (Corporation Name) (State of Incorporation) By 6XZA,7A1 Y. oAN,4,6,426 ee (Name of Person Authorized to Sign) Bi26S i o, -C A, 7 - (Title) (Title) Attest / U' (Corporate Sectary) Business address: 3x90 S7;.7-6 //&j V, E 04/,/ �ejD&L . MO /,, X769 Phone No.: (x'73 ) .266 - 42 / Date of Qualification to do business is BF -7 (SEAL) (SEAL) (SEAL) A Joint Venture By (SEAL) (Name) Business address: By (SEAL) (Name) Business address: Phone Number and Address for receipt of official communications: a (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 -8 06-02-00 14:04 CITY OF CAPE GIRARDEAU ID= 1 573 651 0860 P.02 CITY OF CAPE GIRARDEAU HOPPER ROAD PHASE I From Mount Auburn Road to Kage Road ADDENDUM #1 June 1, 2000 The following revisions have been made to the above named Contract Documents: 1. Item No. 4, Class "A" Excavation (Rock), shall be eliminated from the bid form. Rock excavation will be paid at $50 per cubic yard. Rock quantity will be measured in the field by the project inspector. 2. Item No. 31 will be added to the bid form. Item No. 31 will be two (2) Speed Limit signs (MUTCD R2-1) to be paid as shown on the revised bid form. 3. Currently the project includes sidewalks on both the north and south sides of the street. The sidewalk on the south side is to be eliminated. The bid form is adjusted accordingly. The bid opening date will be changed to June 13, 2000, at 2:00 P.M. in the office of the City Engineer. This addendum trust be signed and attached to your Bid Documents. bate 6 -/S-oZOoD Un UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS, IOWA BID BOND Approz>cd by The American Institute of Arclidects, ALA- Document No. A 310 February 1970 Edition Fronabarger Concreters, Inc. KNOW ALL MEN BY TIAESE PRESENTS, that We .— 3290 State Hwy E, Oak Ridge, MO 63769 as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto 401 Independence, Cape Girardeau, MO 63701 in the sum of *5% of Bid Amount City of Cape Girardeau as Obligee, hereinafter called the Obligee, Dollar: ($ 85% 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 Hopper Road Extension Phase I Now, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with th, Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contrac documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labe and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract an( give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof betweei the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with -another,, part to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain `;> .�full forge an. effect. jI �;r �.1 _ Signed and sealed this ----------- --------- — --- – 6th —day of _— JuneU .I i. Co - FRONABARGER CONCRETERS, INC. - — (PRINCIPAL) !_ •' E{: (W11 __ SI dy r4j - UNITED FIRE & CASUALTY C ,. � ` (SUR /5 (WITNESS)By —1-111- u ri,mg4'p:Pf EY -IN -FACT) ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 6th day of June 2000. Personally appeared before me Priscilla B- Hunter 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 Priscilla B. Hunter acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. NANCY STRAUSER Notary Public - Notary Seal State of Missouri Cape Girardeau County My Commission ExpiIm,res Jun 20, 2003 Notary�Ubfic ej, UND-2031b UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Honie Office of Company - See Certification) KNOW ALL MEN BY TI IESE PRESEN'hS, 11U ,lie UNITED FIRE & CASUALTY COMPANY, a corporatioll duly organized and existing under the laws of ,lie Stale of Iowa, and Ilaving its prillcipal office in Cedar Rapids, Slate of Iowa, does make, cco stitule and appoint laves f t W. llEf 10 UI2 SIIAIZO14 GLASCU, OR ALAN 11. RAUSENBERGER, OR WILLIAM 'PALLMAN, LR, OIJUALL IL, OR 'POUD A. WARD, OR MARK A. GOODMAN, Cllltl ORPR1SC11,LA U. IIUN'1'[:R, UR '1'LE nUAt-1:5, CAC'G G1liAL2UEAU, MO, ALL INDIVIDUALLY of P O BOX 849 CARBONDALE IL 62903 giits true and lawful Atlorney(s)-ill -Fact with pvver �ls�lofusith(imilar`ralrule aslfollows sIA'NYeaIAND ALL IeBIbehalf all lawful bonds, undertakings and other obligatory itstrunre nl_IY COMPANY mrd all ,lie acts of said Attorney, pursuant to the authority and to bind UNITED FIRE & CASUALTY COMPAN`�SUrebY'as luny and to the same extent as if such instruments were Signe Y the duly authorized officers of UNITED FIRE- & unless sooner revoked. hereby given are hereby ratified ar'rd confit med. 2001 the The Authority hereby granted .shall expire MAY 6th This power of Atlorlley is made and executed pursuant to and by authority of the following 8Y -Law duly adopted Y Board of Directors of the Company on April 18, 1973.Builds and Undertakings•" "Article V - Surely appoint undertakings and other Section 2, Appointment of JUloruey-In-roc,. "- Ile Presldeut or any vice Pres ldenl, or any other officer of the Conrpa'ta rbeyell afroffixed iby facsimile Po oily by written certificates nitorneys-In4act to act la behalf of the Cul"Pany In Il�r execution of policies of lusurar lerbso used, being adopted by the by written certificInstfulliates of like nature. ilia slynalwe of Pity olllcer ouliturized ferebY. and the Corporate se Y power of attorney or specinl powrr of ollonmy or err llllcnllan of ellher nulhorized hereby; such slgnalure and seal, ave Coagrauy as Ino url{, Inn, siyaadua of such nlllor and Ile orlylrrnl sent ul lin Cnmpnny, lu It, valid and binding upon Iia Comes of wllh the smoo force and effect os Though aranuolly affixed. Such allorueys-In-loci, sublet, to flrr. Ihrdla0uns set forth In their respecllve certificates of auhgivall en to lull power to bind lyre ol"PoaYd olby their lgrs tuieor y execution oficer itl a Corry{nanny such rnrary nl ats ty fly lito ttle evoke altch tire apower andraull authority previously lo. The President or any Vice President, ilia any atior ey-la-fact. � EUl=,lie UNIIEU FIRE & CASUALTY COMPANY has caused IN WITNESS WIIEf1, these presents uara�, to be signed by its assistant vice president and its corporate seal to be heretoA.D. affixed 9 is 6LIt day of MAY COI101A1E� UNITED FIRE &CASUALTY COMPANY . 39AL .1z �wuu�� ii�r MY Y/7AssistaVntVj fePres"ident State of Iowa, Counly of Llnn, ss: Clta in that he is al before tile personally came Jeffrey On this 6t It day of MAY in and & CASUALTY COMPANY, the cotporation described nstrumentNislcsuch corporate) to me known, who being by rile duly swol(;Edid depose and say: that Ile resides in Cedar Rapids, State of owa; Assistant Vice President of the UNITED F above instrulnenh that Ito knows the seal of said corporation; prat the seal affixed to lie s ion. as so affixed pursuant to authority given by the BoardofaDireacttors of °faldaid°cZEa,', oation and that he signedhi seal; that it w name thereto pursuantto like authority, and acknowledges Same to be MY cornnrission expires March 4 xh?� 20 4E.S j1IE1,1YL A. MCVAYSSIUN [XPIIIES CGITTIFICnfIUN ch"21100 of the UNTIED FIRE & CASUALTY COMPANY, do hereby certify that 1 have compared the forth in it 1, lire undersigned officer { u( the Secllon of lire BY -Laws of said Company as set forth in sa copy of the Power of Attorney and affidavit, and the copy and that the same are corre Power of Attorney, V%vilh lite ORIGINALS ON PILE IN 11 IE ITOME OFFICE OF SAID COMPANY, thereof, and of the whole of llrc said originals, and that the said Power of Attorney has not been re a°kod the s transcripts now In lull force and e (f e'Ct. ;tclsuzny In leslin,olly wlreleof I have Ireleunlo subscribed 111y tra2000rid a Fixed lire corporate s at 4 k1�k Company this 6th day of June o COIf011liE � , kTl ^ • "' ecrelar V + 01 �Nuuratr UNITED FIRE & CASUALTY COMPANY UNITED LITE INSURANCE COMPANY 118 SECOND AVENUE, S.E., P.O.BOX OX `3909 CEDAR RAPIDS, IOWA 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS 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 FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 1-800-343-9130 CITY OF CAPE GIRARDEAU HOPPER ROAD EXTENSION PHASE I STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the _..Jrq:?B day of �,� in the year 20t,bby and between the City of Cape Girardeau, Missouri (her ' after 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 of all necessary grading, excavation and embankment construction, storm sewers, drainage structures, construction of a seven-inch concrete pavement with concrete curb 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 May, 2000. 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 eighty (180) 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 of the General Conditions within two -hundred ten (210) 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: Five hundred fifty-two thousand, six hundred seventy nine dollars and ninety-six cent -0 552,679.96 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 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. 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. 7.7 CONTRACTOR has given ENGINEERwritten notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the A-4 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 _ 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, Available upon request). 8.6 Supplementary Conditions (pages SCA to SC -5, inclusive). 8.7 Specifications bearing the title HOPPER ROAD EXTENSION PHASE I. 8.8 Standard Specifications for Street Improvements and Sidewalk Improvements (Available upon request). 8.9 Drawings. 8.10 Addenda numbers 1 to _, inclusive. 8.11 CONTRACTOR's Bid (pages BF -1 to BF -8 , inclusive) marked exhibit A . 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _, inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). 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. 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 , 20L�>(which is the Effective Date of the Agree mer t). OWNER IM CONTRACTOR Fronabarger Concreters, Inc. r� ! [CORPORATE SEAL] [gORPORATE Sf�IL] Attest Attest Address for 4ving notices Addre s for giving notices 401 Independence Street 3290 State Highway E Cape Girardeau, MO 63702 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. Oak Ridge, MO 63769 License No. Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-7 EXHIBIT A CITY OF CAPE GIRARDEAU HOPPER ROAD EXTENSION PHASE 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 with concrete curb 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 P3702-0617 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. (i) (Any other representation required by Laws and Regulations.) BF -2 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): BF -3 Unit Price Bid Hopper Road Extension, Phase I Cape Girardeau Missouri NO ITEM UNIT EST. QTY UNIT PRICE ESTIMATED AMOUNT 1 REMOVE EXISTING IMPROVEMENTS L.S. 1 l 1, 000.00 ll, 000, DO 2 CLEARING &GRUBBING ACRES 3.32 3 CLASS "B" EXCAVATION CU. YD 51,144 !, 4S' 3$%• 60 4 499 — — 5 SPOIL CU. YD 16,676 OD 6 7" P.C. CONCRETE PAVEMENT SQ. YD 14,381• 1 g • OV 73,.2 3 9• 40.67 4" TYPE "V" AGGREGATE BASE Q. YD 15,174. � • �a oZ � �(f , DD 8 6- GRADE 'B' SURFACE AGGREGATE SQ. YD 94 /.470 0.0 9 2" BITUMINOUS PAVEMENT, BP-1 TON 8 SD, OD 40-6010 5" BITUMINOUS BASE MATERIAL TON 21 00 / DSO.OD 11 PRIME COAT GAL. 74 16-00 9;.A. OD 12 4" P.C. CONCRETE SIDEWALK SQ. YD 1,541 '110,60 3D �0 • D� 13 4' DIA. JUNCTION MANHOLE EACH 2 1x00.00 vZ DO.DD 14 3'-6"X 3'-0" SINGLE CURB INLET EACH 11 1 '940.'00 15 4'-0" X 4'-0" SINGLE CURB INLET EfKCH 2 / b00.00 a DOO. DO 16 5'-0" X 4'-0" SINGLE CURB INLET EACH 1 QD j� �jD• pp 17 3'-0" X 3'-0" GRATED INLET E4CH 1 •OD A a-5' • DO 18 15" R.C.P. L.F. 159 /7.40 7 19 18" R.C.P. L.F. 491 ! � • G � I j 7 / • �g 20 18" F.E.S. EACH 6 60. DD 21 REMOVE AND RELAY EXISTING 18" F.E.S. EACH 1 pe) 00 /00.00 22 24" R.C.P. L.F. 680.5 oZ5 776-' 7 S� , 8'923 24" F.E.S. EACH-2 30.00 lv d • DO 24 30" R.C.P. L.F. 136.5 , D W.'060 25 30" F.E.S. EACH 2 ,4a5.�0 ��•OD 26 RIP RAP IN PLACE (18" THICK) SQ. YD 244 J40.60 27 FERTILIZER, SEEDING, &MULCHING ACRES 5.5 1 -�06 • OD 16 X000 • DO 28 EROSION CONTROL L.S. 1 7,046-00 7DOD•DD BF-4 NO ITEM UNIT EST. QTY UNIT PRICE ESTIMATED AMOUNT 29 STOP SIGNS (MUTCD R1-1) EACH 2 V. DO a8 5-4,0.00 30 TRAFFIC CONTROL L.S. 1 ���, 00 5�D0 • DO 31 SPEED LIMIT SIGNS (MUTCD R2-1) EACH 2 BID TOTAL: $ (lo 79. 96 BID TOTAL: -�i V� NUnIVKED �FrY %p �HDy�SAAJ-[7, Six h�v�v�y S�v��vrs� N. QC- 4 A�D NJ "TY Y/ x Ce",vY (Written figure) BF -5 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 180 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 210 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 rRon.),4XbA2C,4re Address 3A9O Sr.4 %6 1t% 6jV4-jf-M E , 6ke 2, Dz-,z , f%D G 376 q (a) Performance and Payment Bonding Company Name -000 --ED 1�',Ie6 � CAsv,41.7-V aM1O'1A* Address PO • max 73 9409 CEnA,e ii 7,0 Ds locus .3a Slo7 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 on .� uti� 13 , 2000. State Contractor License No. /Ilo N c-- MW IF BIDDER IS: An Individual By Doing business as Business address: Phone No.: A Partnership 2 Business address: Phone No.: A Corporation (Individual Name) (Firm Name) (General Partner) (SEAL) (SEAL) By �i[O�JA�lRRGi2 (�6Aj c 2f r ies , jx-y (SEAL) (Corporation Name) (State of Incorporation) By 6.C4,VV f-.PONA,6.42G ee (Name of Person Authorized to Sign) Attest -Pi2,6.S 10r- N 7 - (Title) (Title) (Corporate Se Business address: 3eZ90 S7,V7-6 11w f>, _J;?,1)C.L, mo ��769 Phone No.:573) a1.6 - 4,7 / d2 Date of Qualification to do business is 5Q MM i;41 J 0 4. A Joint Venture M (Name) Business address: (SEAL) BY (SEAL) (Name) Business 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.) ME 06-02-00 14:04 CITY OF CAPE GIRARDEAU ID= 1 573 651 0860 P.02 CITY OF CAPE GIRARDEAU HOPPER ROAD PHASE I From Mount Auburn Road to mage Road ADDENDUM #1 June 1, 2000 The following revisions have been made to the above named Contract Documents: 1. Item No. 4, Class "A" Excavation (Rock), shall be eliminated from the bid form. Rock excavation will be paid at $50 per cubic yard. Rock quantity will be measured in the field by the project inspector. 2. Item No. 31 will be added to the bid form. Item No. 31 will be two (2) Speed Limit signs (MUTCD R2-1) to be paid as shown on the revised bid form. 3. Currently the project includes sidewalks on both the north and south sides of the street. The sidewalk on the south side is to be eliminated. The bid form is adjusted accordingly. The bid opening date will be changed to June 13, 2000, at 2:00 P.M. in the office of the City Engineer. This addendum must be signed and attached to your Bid Documents. bate 0 UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS, IOWA BID BOND Appro d by The American Institute of Architects, AI.A Document No. A 310 February 1970 Edition KNOW ALL MEN BY THESE PRESEN'i5, that we Fronabarger Concreters, Inc. 3290 State Hwy E, Oak Ridge, MO 63769 as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, City of Cape Girardeau as Surety, hereinafter called the Surety, are held and firmly bound unto 401 Independence, Cape Girardeau, MO 63701 as Obligee, hereinafter called the Obligee, in the sum of *5% of Bid Amount Dollars ($ 85% 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 Hopper Road Extension Phase I 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 fumished 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 w1. it4: anbther;,party en this obligation shall be null and void, otherwise to remain u f • M force and to perform the work covered by said bid, th effect. Signed and sealed this __ 6th _ __ day of June - :� i A DJ I . - --- — c)J �f - FRONABARGER CONCRETERS, INC. ��. al) (PRINCIPAL) Wl SS) r( r - ����y (wlrNrSsl By P -- . Pricrilla B. Hun(£ UALTY G4WIPAM(r (sea -FACr) ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 6th day of .Tune 2000. Personally appeared before me Priscilla B. Hunter who being duly sworn did depose and say that lie/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 Priscilla B. Hunter acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. ---------- A6 NANCY STRAUSER Notary Public - Notary Seal AA State of Missouri Cape Girardeau County My Commission Expires Jun 20, 2003 Notary ublic UND-2031b 's UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY Un (Original on file at Horne Office of Company - See Certification) Ileal the UNITED F-1111 & CASUAL-lY COMPANY, a corporation duly organized and existing KNOW ALL MEN BY THESE PRESENTS, its principal office in Cedar Rapids, Slate of Iowa, does make, constitute and under the laws of the Stale of Iowa, and having l2AUSENBERGER, OR appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN ll. WILLIAM TALLMAN, CARBONDALE, IL, OR 'TODD A. WARD, OR MARK A. GOODMAN, OR PRISCILLA D. IIUN'TGR, Up Cllltl:J'1'lG AUAt1:1, CAL'13 GILZARDEAU, MO, ALL INDIVIDUALLY of P O BOX 649 CARBONDALE IL 62903 ll its true and lawful Allorney(s)-ill -F-act with Power and authority hereby cos fond to siA,NYeaIANID ALL'teB1ONDSbehalf a lawful bonds, undertakings and other obligatory instrunlents of similar nature as follows: such truments re gned by as and to bind UNITED FIRE & CASUALTY CUMPA&N�nsU^�.I Yas fully and COMP ANY atidthe all tilesame acts extent saidlfAttorneys pu suant oe tile sta thoritty the duly authorized officers of UNITED FIRE hereby given are hereby ratified and confirmed. 2001 unless sooner revoked. The Authority hereby granted shall expire MAY 6 t Il 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 lite Company on April 18, 1973. "Article V - Surely Bonds and Undertakings." appoint Secllorl 2, p{ undertakings and other A rolnbuenl of Alloney.lmrocl, "-Ihr presldral or Any Vice Presldem, or any other officer of the Company, may, born Ilene to t me, PP by written certificates attorneys -lo fact to act hr behall of lie colorin In ihr execution of policies of Insu01, rance, bonds, beate se le ado ted by the poweatorOtto rtr meet of llike ke warnature. thernYyoratto lllcollon of tildeicer , nuthorlled rleeeby s1uchlseyCnlu er and seal, rwher so used by 9afile lie to any Congrnuy ns Tho mlpinal slynalw" of such officer nad the mfylnnl sial ul Ilm Conq urny, to hr valid and bindlny ulve Tho Company with lire steel force and effect as though manually alllxed. Such otlornrys-In-loci, sub)rcl to Ihr. Ihullaliuns set Imlh In llrelr respective certificates of authority shelf to ts lull power to Vice Pries tire 1, their or1e and any otherullon 01 01 ry such te a Couyrauyrnraly aaa,Y/lure evoke all itach tile apowt ol er ahe nd1au11 authority Previously 9 President ora y any attorney-in.lacl. � FIRE- CASUALI Y COMPANY has caused these Presents IN WITNESS WIIE1tEUl=, rile UNI I EDhereto tr,a„nr� to be signed by its assistant vice president and its corporate seal to be here A affixed f19 99is t 6tit day of MAY o COItOtAIE UNITED FIRE &CASUALTY COMPANY fiZAL ' •,; (v(/ By Assistant VVfe sident State of Iowa, County of Llan, ss: an On this 6 t It day of MAY 3.999. before the Pesonally came Jeffrey A. Chaplovva; that he in to me known, who being by file duly sworn, did depose and COMPLANYhat !1Qtl a scorrporatioides in e� dear scribed Snatand fwh ch executed s the ed Assistant Vice President of the UNTIED FIRE & to above instrufn6nl; that ho knows lite seal of said corporation; lite lBoard hat eof eDirectorsd of said corporation and 1 that u he ch signed corathis seal; that it was so affixed pursuant to authority give Y ration. fi�� name thereto pursuant to like authority, and acknowledges sante to be lite act and deed of said co �� 1 ► t WCu Notary P tic C My commission expires March 4 xh8 20C [j.-J7RyL�MCVy1YMISSIONExpinES CEIIIIFICAIION ardi 4, 2( ie the fore9oinf i, the undersigned officer of tie UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have come set in saic copy of the Power of r,,tollley and affidavit, and the clll'IE IrIOME OFFotile IICE OF -on of IISAID COMPANY,le By-Lavvs of aland othat af he ssame farehcorrec Power of Attorney, "ill, life ORIGINALS ON FILE IN transcripts thereof, and of he whole of the said originals, and that the said Power of Attorney has not vseaen lof and ` the sa now In lull force and ef(e'cl. el„cJ'bUa4i In l (�eslintony whereof I have heleuno subscribed my pante and a Fi ed rile corporate �� Company this 6th day of June 1$d 2000 Q C01101A1E BILL 4� ecretary 01 �'�+Nuu,Ntr UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANOE COMPANY 11$ SECOND AVENUE, S.Er, P.O. $OX 73909 CEDAR RAPIDS, IOM -1 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS 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 FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 1-800-343-9130 CHANGE ORDER # 1 PROJECT TITLE HODDer Road Phase 1 CONTRACT DATE July 18`h, 2000 CONTRACTOR Fronabarger Concreters, Inc The following changes are hereby made to the Contract Documents: Additional excavation and installation of rock to firm up the subgrade in the cut from station 24+50 to 26+50. Part 1: Changes to bid items. Chanaed from: NO. ITEM UNIT EST. QTY. I UNIT PRICE EST. PRICE 3 CLASS "B" EXCAVATION I C.Y. 151,144 1$1.65 $ 84,387.60 Chanaed to: NO. ITEM UNIT EST. QTY.UNIT PRICE EST. PRICE 3 1 CLASS "B" EXCAVATION I C.Y. 151,432 d $ 1.65 $ 84,862.80 Part 2: Additional contract items. NO. ITEM I UNIT I EST. QTY. I UNIT PRICE I EST. PRICE 32 ROCK FILL I TONS 1432.30 $ 7.50 $ 3242.25 JUSTIFICATION After the excavation was made for the roadway it was discovered that the subgrade within the cut was too wet and soft for concrete placement. In order to obtain needed compaction the subgrade was excavated an additional two feet and rock was hauled in. This work is in addition to the bid quantities, therefore the contractor should be reimbursed at the bid unit price. CHANGE TO CONTRACT PRICE Original contract price: $ 552,679.96 Page 1 of 2 Current contract price as adjusted by previous change orders: $ 552,679.96 Current contract price due to this change order will be increased by: $ 3,717.45 The new contract price due to this change order will be: $ 556,397.41 CHANGE TO CONTRACT TIME There will be no change to the contract time in this change order. APPROVALS 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 i Approvdd by Approved v Date �- -2-5�`&�— roject Manager --�^ Date itv Enaineer Date O /YIi�NpEL /n�cc.�,E' l City Manager Accepted by Date ro abarger Con eters, Inc. Change Order #1 Hopper Road Phase I Page 2 of 2 CHANGE ORDER # 2 PROJECT TITLE Hopper Road Extension Phase 1 CONTRACT DATE July 18, 2000 CONTRACTOR Fronabarger Concreters, Inc. The following changes are hereby added to the Contract Documents: CHANGE FROM: The contract document, through Addendum 1, includes a unit price for encountered rock but does not include a quantity. CHANGE TO: ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 32 Class 'A' Rock C.Y. 1961.89 $ 50.00 $ 98,094.50 JUSTIFICATION Excavation for Class 'A' Excavation was intentional deleted from the bid form because the quantity of rock that would be encountered was unknown. However, a unit price was established at $50 a cubic yard. CHANGE TO CONTRACT PRICE Original contract price: $ 552,679.96 Current contract price as adjusted by previous change orders: $ 556,397.41 Current contract price due to this change order will be increased by: $ 98,094.50 The new contract price due to this change order will be: $ 654,491.91 Change Order # 2 Hopper Road Extension, Phase I Page Two of Two CHANGE TO CONTRACT TIME There will be no days added to the contract time in this change order. APPROVALS REQUIRED: To be effective, this Change Order must be approved by the Owner if the 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 FZ ject Manager City Engineer Date //y— Date i t _ Z-'-06 Date Approved by /eH E City ager Accepted by Date Fo ro abarger C creters, Inc. CHANGE ORDER #3 PROJECT TITLE Hopper Road Phase I CONTRACT DATE July 18, 2000 CONTRACTOR Fronabarger Concreters, Inc. The following changes are hereby made to the Contract Documents: Item 1: Changes to bid items Changed from: Item Unit Qty. Unit Price No. Item Unit Qty. Unit Price Price 13. 4' Junction Manhole EA 2 $1,200.00 $ 2,400.00 14. 3'-6"x3'-0" Single Curb EA 11 $1,800.00 $19,800.00 $ 750.00 Inlet inlet 17. 3'-0"x3'-0" Grated Inlet EA 1 $2,250.00 $ 2,250.00 32. Class "A" Rock Excavation CY 1,961.89 $ 50.00 $98,094.50 Changed to: Seed & straw AC 0.1 $10,000.00 No. Item Unit Qty. Unit Price Price 13. 4' Junction Manhole EA 3 $1,200.00 $ 3,600.00 14. 3'-6"x3'-0" Single Curb EA 12 $1,800.00 $ 21,600.00 Inlet 17. 3'-0"x3'-0" Grated Inlet EA 0 $2,250.00 $ 0.00 32. Class "A" Rock Excavation CY 2008 $ 50.00 $100,400.00 Item 2: Additional contract items No. Item Unit Qty. Unit Price Price 33. 15" RCP LF 305.0 $33.00 $10,065.00 34. 4'x4' Area Inlet EA 1 $1,200.00 $ 1,200.00 35. Connection to existing EA 1 $750.00 $ 750.00 inlet 36. Remove and replace SY 68.54 $49.50 $ 3,392.73 driveway pavement 37. Seed & straw AC 0.1 $10,000.00 $ 1,000.00 JUSTIFICATION This change order includes items to construct a storm sewer to drain a portion of the Pheasant Cove area. Two residences were have stormwater problems as a result of the Hopper Road construction. The City decided to construct an area inlet and piping to carry a majority of the water to an existing storm sewer along Pheasant Cove. The contract included an item for 15" RCP that was constructed in an undeveloped area. The 15" RCP pipe in item 33 was constructed between two houses in close proximity and extra care was needed to avoid damaging structures in the area. The same holds true for item 37, seed & straw. There was a change in the alignment of the driveway at Ford & Sons Funeral Home. This change eliminated the grated inlet, Item No. 17 and added another single curb inlet increasing Item No. 14 to 12. While grading the 3:1 slopes, additional rock was encountered that had to be excavated which increases the quantity of Class 'A' excavation. CHANGE TO CONTRACT PRICE Original contract price: $552,679.96 Current contract price as adjusted by previous change orders: $654,491.91 Current contract price due to this change order will be increased by: $ 19,463.23 The new contract price due to this change order will be: $673,955.14 CHANGE TO CONTRACT TIME Original contract time: Substantial completion time — 180 calendar days - January 27, 2001 Final completion time — 210 days - February 26, 2001 Current contract time as adjusted by previous change orders: No change Current contract time due to this change order will be increased by: No change APPROVALS 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 Q Date Mar, . Lester, City"Engineer ?T)flojn�L Date 424?, V 0/ Mela&Q Gertis, Project Manager Approved by Date Michael G. Miller City Manager er Accepted by Date Fronabarger oncreters, IV W CHANGE ORDER #4 & FINAL PROJECT TITLE Hopper Road Phase I CONTRACT DATE July 18, 2000 CONTRACTOR Fronabarger Concreters, Inc. The following changes are hereby made to the Contract Documents: Item 1: Changes to bid items Changed from: No. Item Unit Qty. Unit Price Price 3. Class "B" Excavation CY 51,432 $1.65 $84,862.80 5. Spoil CY 16,676 $2.50 $41,690.00 6. 7" P.C. Concrete Pavement SY 14,381 $19.00 $273,239.00 7. 4" Type "V" Agg. Base SY 15,174 $1.50 $22,761.00 8. 6" Grade "B" Surface Agg. SY 94.0 $1.50 $141.00 9. 2" Bituminous Pavement Ton 8.0 $50.00 $400.00 10. 5" Bituminous Base Matl. Ton 21.0 $50.00 $1,050.00 11. Prime Coat Gal 74.0 $3.00 $222.00 12. 4" P.C. Concrete Sidewalk SY 1,541 $20.00 $30,820.00 18. 15" RCP LF 159 $17.40 $2,766.60 19. 18" RCP LF 491.0 $18.68 $9,171.88 22. 24" RCP LF 680.5 $25.75 $17,522.88 24. 30" RCP LF 136.5 $32.00 $4,368.00 Changed to: No. Item Unit Qty. Unit Price Price 3. Class "B" Excavation CY 56,699 $1.65 $93,553.35 5. Spoil CY 16,437 $2.50 $41,092.50 6. 7" P.C. Concrete Pavement SY 14,778.4 $19.00 $280,789.60 7. 4" Type "V" Agg. Base SY 15,522.0 $1.50 $23,283.00 8. 6" Grade `B" Surface Agg. SY 88.0 $1.50 $132.00 9. 2" Bituminous Pavement Ton 0.0 $50.00 $0.00 10. 5" Bituminous Base Matl. Ton 0.0 $50.00 $0.00 11. Prime Coat Gal 0.0 $3.00 $0.00 12. 4" P.C. Concrete Sidewalk SY 1,510.8 $20.00 $30,216.00 18. 15" RCP LF 166.0 $17.40 $2,888.40 19. 18" RCP LF 516.0 $18.68 $9,638.88 22. 24" RCP LF 691.5 $25.75 $17,806.13 24. 30" RCP LF 139.5 $32.00 $4,464.00 JUSTIFICATION The purpose of this change order is to bring the bid quantities to actual constructed quantities and contract time to actual completion dates. The asphalt pavement was eliminated because the tapers were paved with concrete instead. Extra dirt was excavated to remove soft soil under the roadway. The 7" P.C. concrete pavement and 4" Type V aggregate base quantities were larger due to a driveway that was added to the project after the construction had begun. The additional contract time was granted to the Contractor due to a request made by the City after the roadway was completed but the project had not been finalized administratively. Residents downstream of a storm sewer outlet requested that the City consider extending the pipe constructed with the roadway project to an existing storm sewer in front of their homes after a heavy rain event caused flooding in their backyards. The Contractor agreed to install the additional piping as a change order to their original contract; however, a time adjustment was not made with that change order. CHANGE TO CONTRACT PRICE Original contract price: $552,679.96 Current contract price as adjusted by previous change orders: $673,955.14 Current contract price due to this change order will be increased by: $ 14,848.70 The new contract price due to this change order will be: $688,803.84 CHANGE TO CONTRACT TIME Original contract time: Substantial completion time — 180 calendar days - January 27, 2001 Final completion time — 210 days - February 26, 2001 Current contract time as adjusted by previous change orders: No change Current contract time due to this change order will be increased by: 312 calendar days The new contract time due to this change order will be: Substantial completion — December 5, 2001 Final completion — January 4, 2001 APPROVALS 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 b C - Date Mark-A.Lgter, City ngineer Approved by Gertis, Project Manager Michael G. Miller, City Manager Date /o p Accepted byDate - ,? 6 - O Z Fronabarger on reters, Inc.