HomeMy WebLinkAboutRES.1614.10-09-2000BILL NO. .000-.4
RESOLUTION NO. /(pig
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH FRONABARGER CONCRETERS, INC.,
FOR THE HOPPER ROAD EXTENSION,
PHASE IIB
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 IIB. A copy of said Agreement is attached to
this Resolution and made a part hereof.
PASSED AND ADOPTED THIS
ATTEST:
'tGl�
Gayle LT Conrad, City Clerk
CITY OF CAPE GIRARDEAU
HOPPER ROAD EXTENSION
PHASE IIB
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 8-TH day of Qct� in the year
20Mby 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
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
August, 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 eighty (80) 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 one -hundred ten (110) 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: one hundred ninety-six thousand two hundred ninety-
two dollars and thirty cents ($ 196,292.30
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
A-2
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by 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
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).
8.6 Supplementary Conditions (pages SC -1 to SC -5 , inclusive).
8.7 Specifications bearing the title HOPPER ROAD EXTENSION PHASE 118.
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR's Bid (pages BF -1 to BF -7 , 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).
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.
A-5
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-wR be effective on �8, 20 60(which is the Effective Date of
the Agreement).
OWNER City of Cape Girardeau CO �_,. CTOR��
Michael G. Cit Manager
By:
Attest /.
Address for g ing notices
401 Independence Street
[CORPORATE
�r- • givin • •
Cape Girardeau, MO 63702 6-41, 14 2'>G-, , /)/6 ZZ9�F
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.
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 IIB
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 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) �y
/IDD6A1lUm '1*1 19 -a0 -0o Z—�,���-----
(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;
BF -1
(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.)
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
BF -2
Unit Price Bid
Hopper Road Extension, Phase IIB
Cape Girardeau Missouri
NO
ITEM
UNIT
ESTIMATED
QUANTITY
UNIT
PRICE
ESTIMATED
AMOUNT
1
REMOVE EXISTING IMPROVEMENTS
L. S.
1
9 OOD. DD
9 noo. o 0
2
CLEARING & GRUBBING
ACRES
0.65
(�, DO
Ea , 6Q
3
CLASS "B" EXCAVATION
CU. YD.
3,177DD
5-,31.00
4
CLASS "A" EXCAVATION (ROCK)
CU. YD.
100
-.1,0 - DO
SDOD • O6
5
7" P.C. CONCRETE PAVEMENT
SQ. YD.
4,101
/ 1 . 0 0
77 1/9-00
6
4" TYPE -*.r AGGREGATE BASE
SQ. YD.
4,314
/ . S O
(o, 4 % / • OD
7
6" P.C. CONC. DRIVEWAY PAVEMENT
SQ. YD.
172
a 7.9 0
4,7g9, $Q
8
6' GRADE "B" SURFACE AGGREGATE
SQ. YD.
97
/ . S O
14S. 5 O
9
2' BITUMINOUS PAVEMENT, BP -1
TONS
10
SO. DO
SOO . O(i
10
9" BITUMINOUS BASE MATERIAL
TONS
45
3Q. O p
d 911'01 00
11
4" P.C. CONCRETE SIDEWALK
SQ. YD.
131
a6' co
oZ 0020.00
12
P.C. CONCRETE CURB RAMPS
EACH
3
/OO.00
000.00
13
4'-0' x 4'-0' JUNCTION MANHOLE
EACH
1
I OOO • DD
l DDO.00
14
4-6'x 5'-0" JUNCTION MANHOLE
EACH
1
/,.Zoo, DO
/'.Zoo • DO
15
3-6"x 3'-0" SINGLE CURB INLET
EACH
2
/ 0&0, 00
o2 000• Do
16
4'-6' x 4'-6" SINGLE CURB INLET
EACH
1
/ Zob . 00
/ 0200.00
17
4'-6" x 2'-6" SINGLE CURB INLET
EACH
1
1,006-00
J DDD • 00
18
4'-0' x 5'-6" SINGLE CURB INLET
EACH
1
/,,7.00.00
1ZQ0. 00
19
5'-0" x 3'-0" GRATED INLET
EACH
2
a 3-60.00
00
20
8'-0" x 3'-0" DOUBLE CURB INLET
EACH
1
02 Too, 00
oZ 3ag•00
21
10'-0" x 4'-6" DOUBLE CURB INLET
EACH
1
02 Am, 00
90D. Od
22
15" R.C.P.
L.F.
78.5
C;b, DO
1,6'70-60
23
15' F.E.S.
EACH
10,
�Q
24
24" R.C.P.
L.F.
32
00.00
m. oo
25
30" R.C.P.
L.F.
198.5
3? -,00
% 74, S-0
26
30" F.E.S.
EACH
1
4� . oo
/'/a 00
277
36' R.C.P.
L.F. T
243.5
.63.60
/ a' 9O -f s�
BF -3
NO
ITEM
UNIT
ESTIMATED
QUANTITY
UNIT
PRICE
ESTIMATED
AMOUNT
28
42" R.C.P.
L. F.
190
V, 00
15,69,0-60
29
48" R.C.P.
L. F.
49.5
85. 00
30
48" R.C.P. - REMOVE AND RELAY
L. F.
22.5
3D • DO
,67S.00
31
5' PAVED DITCH
L. F.
15
3,2, QQ
490-00
32
WATERLINE CROSSING
EACH
1
D0
a6 -'O' OO
33
ADJUST EXISTING SANITARY MANHOLE
EACH
2
A00,06
ADO. 00
34
FERTILIZER, SEEDING & MULCHING
ACRES
1.50
�, A00. 00
Mo , 00
35
EROSION CONTROL
L.S.
1
I, 3-60, DO
1,Soo. 00
36
TRAFFIC CONTROL
L.S.
1
37
GRAVEL "A" OR CRUSHED STONE "B"
FOR TEMPORARY ACCESS WAYS
TONS
300
• DL -2
02� S�4D. DO
38
STONEMASONRY TREE WELL
@ STA. 7+60 LT.
EACH
1
3,.500, DO,
JG1D, DO
39
STONE MASONRY TREE WELL
@ STA. 8+10 RT.
EACH
1
�, J�DO.OQ
�,� • D0
BID TOTAL: $
1 ?6, 0z9a . 30
BID TOTAL: OBJ& 90,vZ)R4Z IV, nJox 7-H194)s,4,VD, /lc,)0 fly�JD2c-r7
h% ry 7iuo 4 �j z> A-);1-5
(written amount of bid)
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 80 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 110 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 tRoNAla AIla G �i2 "p,✓c,c�� T2s ,.i•�e .
Address 0),90 Sr4-7-te
(a) Performance and Payment Bonding Company
Name 00F'k6 4OaUa,crS� �D.n�gy;�
Address- b,4,P t P� Ds,10 �a yo
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 .9(,=, , 20_.
State Contractor License No. All N�
IF BIDDER IS:
An Individual
By
(SEAL)
(Individual Name)
Doing business as
Business address:
Phone No.:
A Partnership
By
(Firm Name)
(SEAL)
(General Partner)
Business address:
Phone No.:
A Corporation
By
GNC.ex— ,es
(Corporation Name)
r' : r �✓
:C�
�yI
(State of Incorporation)
By L7l t J
/Z0AJA
/J
(Name of Person Authorized to Sign)
7�e� 7-
(Title) (Title)
�-
Attest
(Corporate Secret )
Business address:
3,29D fir,¢ rf 14lCcJs�
&qK 2D31
Phone No.: 573 ) -�6 4a. , .2,
Date of Qualification
to do business is %5-- / - ?6
BF-6
A Joint Venture
By (SEAL)
(Name)
Business address:
2
Name)
Business address:
Phone Number and Address for receipt of official communications:
(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.)
y BF -7 1
CITY OF CAPE GIRARDEAU
HOPPER ROAD EXTENSION
PHASE IIB
ADDENDUM 91
SEPTEMBER 20, 2000
The following revision has been made to the above named Contract Documents:
If the relocation of any of the 12" water main is needed during the project,
the City will pay $30.00 per L.F.
This addendum must be signed and attached to your Bid Documents.
Date
Un
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
BID BOND
Approved by The Americmi Institute of Ardidects, A.I.A. Document No. A 310 February 1970 Edition
KNOwALL MEN BY THESE PRESENTS, that we Fronabarger Concreters, Inc.
3290 State Hwy E, Oak Ridge, MO 63739
as Principal, hereinafter called the Principal,
and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA,
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau
401 Independence, Cape Girardeau, MO 63701
as Obligee, hereinafter called the Obligee,
in the sum of **5% of Bid Amount Dollars
($ **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 Hopper Road Extension, Phase 11B
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 rem&in P—1 'force and
effect.
Signed and sealed this 26th day of September T_ 5 tondo
FRONABARGER CONCRETERS , YNR,:: ') `' r(al)
(PRINCIPAL)
A�✓l.t^-`'r'r,c' Ai�Y
(WITNESS)
UNITED FIRE & CASUALTY C3 PA31jiC(eal�=
(SURETY)
By ,
pri sesiia B. HuAVNRNEy-1N"FACT) J,� J I.
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
Onthis 26th dayof September 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 s
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 Sed
State of Missouri
Cape Girardeau County
My Commission bores Jun 20, 2003
Notary ublic
UND-2031b
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(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, Stale of Iowa, does make, constitute and
appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN )1. RAUSENBERGER, OR
WILLIAM TALLMAN, CARBONDALE, IL, OR TODD A. WARD, OR MARK A. GOODMAN,
OR PRISCILLA B. HUNTER, OR CHRISTIE ADAMS, CAPE GIRARDEAU, MO,
ALL INDIVIDUALLY
of P 0 BOX 849 CARBONDALE IL 62903
its true and lawful Attorneys) -in -Fact will' power and authority hereby conferred to sign, seal
A AND A L L and execute
eB1behalf all
BONDS
D S
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. MAY 15th 2 0 0 1 unless sooner revoked.
The Authority hereby granted shall expire
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. "lire 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 In the execution of policies of Insurance, bonds, undertakings and other
obligatory Instruments of like nature. the signal ure of any ollicer authorized hereby. and the Corporate seal, may be affixed by facsimile to any
powerol attorney or special power of attorney or ceriificatlon of either authorized hereby; such Signature and soil, when so used, being adopted by the
Company as the original signature of such ollicnr and the orlylnnl seat of the Company. to be valid and binding upon the company with the same force
and effect as though manually affixed. Such attorneys-imfact. subject to the limitations set forth In (heir respective certificates of authority shall have
full power to bind the Company by their signature and execution of ally such instruments and to attach the seal of the Company thereto. The President
or any Vice President, the Board of Directors or any other officer of the Company may al any time revoke all power and authority previously given to
any attorney -In -tact.
IN WITNESS W[JEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
rnrrn», to be signed by its assistant vice president and its corporate seal to be hereto affixed this
A.D. 1999
6th day of MAY
'` COl�OlAtE
•-- UNITED FIRE & CASUALTY COMPANY
SIAL
�uwanr`� By
Assista4V'President
State of Iowa, County of Llnn, ss:
On this 6th day of MAY 1999, before me personally came Jeffrey A. Chapin
in Cedar Rapids, State of Iowa; that he is an
to me known, who being by me duly sworn, did depose and say: that he resides
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 corns
seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed ed his
name thereto pursuant to like authority, and acknowledges sarne to be the act and deed of said corppration. C
�NooYttar�y, .IP Zinc �
SHERYLA. MCVAY My commission expires March 4
xh0 200
MY COMAtISS,6, f:"IRES CERTIFICATION
fofarch 4, 2000
I, the undersigned officer of lite UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing
copy of the Power of Attorney arid affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is
now in full force and effect.
or subscribed my name and a 1- ed the corporate seal of the sar
In testimony whereof I have hereunto
�`"+'k�h'u Company this 26th day of September } 2000
C01101ATE
tlYAL .,
ecretary
�,4
X4"180% �
UNrrED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY
1 16'SECOND AVENUE, 5.E., P.O. BOX 73909 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
Bond No. 54-115122
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE Cedar Rapids, Iowa 52401 319-399-5700
(A Stock Company)
PERFORMANCE BOND
Approved by The American Institute of Architects,
A.I.A. Document No. A-311 February 1970 Edition
KNOW ALL BY THESE PRESENTS, that Fronabarger Concreters, Inc
(Here insert the name and address or legal title of the Contractor)
3290 State Hwy E, Oak Ridge, MO 63769
as Principal, hereinafter called Contractor, and UNITED FIRE & CASUALTY COMPANY, a corporation organized under the
laws of the State of Iowa, as Surety, hereinafter called Surety, are held and firmly bound unto
City of Cape Girardeau
401 Independence, Cape Girardeau, MO 63701
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, in the amount of One Hundred'.Ninety Six Thousand Two Hundred
Ninety Two Dollars and 30/100 * * Dollars ($ 196,292,10 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns
jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated 1!D
entered into a contract with Owner for Hopper Road Extension Phase IIB
in accordance with drawings and specifications prepared by Bowen Engineering & Surveying, Inc.,
(H, insert full name, title and address)
105 S. Hope, Jackson, MO 3755
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such
that, if Contractor shall promptly and faithfully perform said contract, then
this obligation shall be null and void; otherwise it shall remain in full force
and effect.
The Surety hereby waives notice of any alteration or extension of time made
by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under
the Contract, the Owner having performed Owner's obligations thereunder,
the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its
terms and conditions, and upon determination by Surety of the lowest
responsible bidder, or if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible bidder, arrange
Signed and sealed this
18th
<24�(Witit
s
(Witness)
UND-2090b (9-94)
for a contract between such bidder and Owner, and make available as work
progresses (even though there should be a default or a succession of defaults
under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the contract
price; but not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the contract price," as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the Contract
and any amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the expiration of two
(2) years from the date on which final payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person
or corporation other than the Owner named herein or the heirs, executors,
administrators or successors of Owner.
day of
October
FRONABARGER CONCRETERS, INC.
illff��
(Seal)
(Principal)
UNITED FIRE & CASUALTY COMPANY (Seal)
r
By
Priscilla B. Hunter ey in -fact)
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 18th day of October , 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.
"NOTARY SEAL "
Ellen M. Ly, Notary Public
Cape Girardeau County, State of Missouri
My Commission Expires 7/27/2004
UND-2031 b
Notary Public
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
Un CERTIFIED COPY OF POWER OF ATI-ORNEY
(Original on file at I -tome Office of Company - See Certification)
ation duly
d and
ing
KNOW ALL MEN BY THESE PIIESENrs,and"hat
Ilathe
UNlslp,inciFIRE
pal ofliceUALin �edaOR {1ds, State lofrIowa, does makleeconstitute stand
under the laws of the State
appoint CHARLES W. DECKER,
SII11ROtJ VLASCO, UR ALAN It. RAUSGFJBCRGGR, 0
WILLIAM TALLMAN, CARBONDALE, If,, OR TODD A. WARD, OR MARK A. GOODMAN,
OR YRISCILLA D. HUNTL:1Z, UR Clltz]STLE AI)Ah1.,, CALIF, GIRARDLAU, MO,
ALL INDIVIDUALLY
of P 0 BOX 849 CARBONDALE IL 62903
feited its true and lawful Attoi neY(s)- ill -Fact Power i alit]nelils atit olity sin,il het nature a Coil
follows: sl ANY eaIA N,D A L li IeBONDS
behal( all
lawful bonds, undertakings and other obligatory
and to bind UNITED FIRE & CASUALTY COMPANY lhereWas fully and to the salve extent as if such instruments were signed by
the duly authorized officers of UNII ED l'lll1= & CASUAL I Y COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confillned. 2001 unless sooner revoked.
The Authority hereby granted shall expire MAY 6 L II
This povver of AttolneY is Tilade and executed pursuant to and by authority of tine following By -Law duly adopted by the
Board of Directors of the Company oil April 18, 1973.
"Article V - Surely Bunds and Undertakings." appoint
bonds, undertakings t lit and other
Section 2, l�ppolnlurenl of nlionrey-In-Fact. "the Presldonl or ally Vlca Prosld0nl, or oily other officer of If Company, orae, stun Ione ki little, aFP
by written cerllllcales nitonreys-In-tact lu "Cllu behalf
of the Cungmny In tire earcullon of policies of Inswonce,
when so used, helve adopted by the
obligatory brslrwnenls of I"l volute. 110ion "Clslipfor be of oily oiticer 0ulhurived Hereby. mrd the Corpor ole. seal, orae be ailed, by facsimile o an
powerol rrllonrey or special power of nllornny or r: eltlllcollon of either nulhurl,e-d Her r.by; sur.h slgnaluro and soot.
Gompnny as 1110 orJghrnl slgnnlurn al such olllcnr mrd the orlUlnnl sant ui 11 Cong rrur V. In be valid and bindbry upon Iha Cmn{>nny authority
ho sono force
and effect as Though manually affixed. such ottomeys-Irl-Iacl, sublecl to 1He Ilndlalluns set forth In their respor-live file
of eretolThe resito
lull power to bind he Company by their signature and execution of any such Inslrwnenls and Io attach the seal of the Company Thereto. The President
or any vice Presid0nt, the Board of Directors or poly
other officer of The. coor{rany may al oily lime revoke all power and authority previously given
ally attorney -In -Incl.
� IN WITNESS WIIEIIEUI�, the UNIILU F11111& CASUALTY COMPANY Itas caused these presethis
nts
,�ulJrnq�� corporate seal to be heretto be signed by its assistant vice president and its ADff 999
. ► tl�j�s, GLit day of MAY
CO1101A1E
S _ UNII ED FIRE & CASUALTY COMPANY +V,
ASAL �s44 a
WpuunN YAssistadent
#/YState of Iowa, County of Linn, ss:
Cha Pitt
fly
an
On this Lit 11
day of MAY ]-999, before the perSO"'si came Jeffrey A. 1 that he
to rile known, who being by tire duly ED FIRE d& CASUALIctse !Yd COMPANYat 11ethe sides
descrriiibed State
land f which executed s the
Assistant Vice President of the UNII to
ed
above instrument; that 110 knows lite seal authority
given byitiretBoartdeofeDirectorsdOf said corporation andment lthatuhe sgnedch alhis
seal; that it was so affixed pursuant to soli V
to be tile act and deed of said coration.
name thereto pursuant to like authority, and acknowledges sallle e
Notary Plic
7S1IEnYLAA4GVAy x19 2000
My cornnlission expires march 4
SSION ExpfnES CEf111FICATION
ch 4, 2000
1, the undersigned officer of tlrarUNpfl affidavit, tile copy Iul llteMPAN ndol Ilhe tBY Lawsyoflasaidt I )Compa y ave ase set forth rn said
copy of the Power of ^,ttol eY
Power of Attorney, vvitil tile ORIGINALS ON FILE IN 111E IIOME OFFICE OF SAID COMPANY, and that the same are correc
transcripts thereof, and of lite whole Of ll,e said origil,als, and that the said Power of Attorney has not been revoked and is
ed the c
now in lull force and effe'Ct.
In testimony whereof I have Ilereunlo subscribed Ivy 11 me and a f' ed seal of the said
X11 �e�j'�,~ Company this 18th day of October N
C01101A1E �� L!�,�//
BILL ., ecretarY
�4
�puuutot
UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY
118 SECOND AVENUE, S.E.y P.O. BCX 73909 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
10 Bond No. 54-115122
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE Cedar Rapids, Iowa 52401 319-399-5700
(A Stock Company)
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
AIA DOC. A311 FEB. 1970 ED.
KNOw ALL BY THESE PRESENTS:
That Fronabarger Concreters, Inc.
(here insert the name and address or legal title of the Contractor)
3290 State Hwy E, Oak Ridge, MO 63769
as Principal, hereinafter called Principal, and UNITED FIRE & CASUALTY COMPANY, a corporation organized under the laws
of the State of Iowa, as Surety, hereinafter called Surety, are held and firmly bound unto
City of Cape Girardeau
401 Independence, Cape Girardeau, MO 63701
(here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
One Hundred Ninety Six Thousand Two Hundred Ninety Two Dolly($ 196,292.30
Dollars and 20/100 * *
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated
entered into a contract with Owner for Hopper Road Extension Phase
in accordance with drawings and specifications prepared by Bowen Engineering & Surveying, Inc. ,
105 S. Hope, Jackson, MO 63755
(here insert full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
Now, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to
all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following
conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor,
material, or both, used or reasonably required for use in the performance of the contract, labor and material being
UND-2091b (9-94)
�At
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the
last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on
this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such
suit.
3. No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two
of the following. The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or
performed the last of the work or labor, or furnished the last of the materials for which. said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified
mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly
maintained for the transaction of business, or served in any manner in which legal process may be served in the state in
which the aforesaid project is located, save that such service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the
project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,
inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether
or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 18th day of
In the presence of:
6 4 4; �-
(W' s)
October
A.D. 19 2000
FRONABARGER CONCRETERS, INC. (Seal)
(Principal)
UNITED FIRE & CASUALTY COMPANY (Seal)
(Witness) By (Attorney-in-fact)
Priscilla B. Hunterr
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 18th day of October , 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.
E
OTARY SEAL "
en M. Ly, Notary Public
rdeau County, State of Missouri
mission Expires 7/27/2004
UND-2031 b
Notary Public
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
Un (Original on file at Flame Office of Company - See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUAL -I Y 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, ccoRnstitute and
appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN II. RAUSENBERGER,
WILLIAM 'TALLMAN, CARBONDALE, IL, OR 'TODD A. WARD, OR MARK A. GOODMAN,
OR PI? ISCILLA D. HUNTER, UR C111?jSTLls ADAMS, CAL'E GIRARDEAU, MO,
ALL INDIVIDUALLY
of P 0 BOX 849 CARBONDALE IL 62903
its true and lawful Altorney(s)-in-Fact will, power and authority Iheleby coil nferred to Sig[), AN,D ALL'teB10NDSbehalf all
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 UNIIED FIRE & CASUALIY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and cont it need. MAY 6th 2001 unless sooner revoked.
The Authority hereby granted shall expire
This power of AttorheY is made and executed pusuant to and by authority of the following By -Law duly adopted by the
Board of Directors of the Connpany on April 18, 1973.
"Article V - Surety Bonds and Undertakings."
Secllon 2, Appoinlmenl of Atloraey-h,racl. "file Presldenl or any Vire President, or ally other officer of the company, may, Iron Ilene to time, appoint
by written certiticates attorneys -In -fact to act In behall of the cmnpany In the execullou of policies of Insurance, bonds, undertakings and otall
her
by. aud
ulho
powear ooh raltoSrto nylorl sIs f rolnllike
powrr rot altemaytfoirntale of crrllllcallo� of officer
clllrepnuthmlrrd'1 Beeby; 9uc.h is 47`alurer anti seal, ate seal, wher ay �so ased betny adofixed by pted tby the
Couipnny ns filo mlyhinl slyuaimn ul such olllcnr and the orlghml sear al iha Conq may, ill brt valid wu1 binJhry upon he Congrony wllh the servo force
and effect as though nianuolly affixed- Such ollorueys-hi•Iac1, subject to the Ilndratiorrs set forth Ill their respectivo certificates at authority shelf have
full power to bind the Company by their siynature and execution of any such luslrunents and to attach the seal of the Company thereto. The President
lime evoke all power and authority previously given to
or any Vice President, the Board of Directors or ally other officer of tine Company niay at any r
any attorne011-lact
IN WITNESS WIIEREOI', the UNI I EU FIRE & CASUALTY COMPANY has caused these presents
to be signed by its assistant vice president and its corporate seal to be hereto Daf fthxeed� this
A.��► '��a CiLit day of MAY
COUOIAIE.
• UNITED FIRE &CASUALTY COMPANY
S--. IAL
�M AMA+• ���r
tivpuu�n�' BY
Assistant V' a President
State of Iowa, County of Llnn, ss:
On this 6 t It
day of MAY 7.999, before me personally cattle Jeffrey A. Chapinan
to me known, who being by rile duly sworn, did depose and say: that lie resides in Cedar Rapidsscribe State of Iowa; that he is he
ora
e corP
Assistant Vice President of the tlNel sealED Flolf sidCASUALIY corporation; that(lieseal affixed liton thessaiden slrumentin and �islcsuch c fined fes
above instrument; that he knows
seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed ills
name thereto pursuant to like authority, and acknowledges wine to be the act and deed of said co rati� 4
Notary P tic
[`* I
'PV-1IGGV
AYY
My cornntission expires March 4
xW 2000
SIIEnYL
' [ MY CU IIIISSIUNExPInES CERIIPICAHON
??T���� March 4, 2000
hereby certify that I h
1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do have compared the foregoing
copy of tile Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said
Power of Attorney, dvillt tile
0ORIGINALS
THE lOrEOSAID
COMPANY.
nathat
the
revoked e are ci
transcripts thereof, and oflhewloeoie saogiu�ls, ad lIl tile said ower ofAllomeYasnot been ands
now in lull force and effe�+
it In testimony whereof I have hereunto subscribed my name and a f"�ced the corporate seal of the said
Company this 18th day of October 1Xd 2000
COIfOtATE
• _. G�ti�
SIAL ecretary
�AwnuN
UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY
116 SECOND AVENUE, S.E., P.O. BOX ' 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
ACORD„ INSURANCE BINDER OP ID PH
DATE (MM/DD/YY)
DEDUCTIBLE
11/14/00
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE
CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER NNo, 7 3 - 3 3 4 - 6 0 94
COMPANY
BINDER # 174
573-334-8548
Bituminous Insurance Company
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE El OCCUR
OWNER'S & CONTRACTOR'S PROT
RETRO DATE FOR CLAIMS MADE:
EFFECTIVE
401 INDEPENDENCE
CAPE GIRARDEAII MO 63701
EXPIRATION
/
Consolidated Insurance Agency
DATE
TIME
DATE
TIME
X ! AM
!
X
12:01 AM
1707 N. Mt. Auburn, Suite S
Cape Girardeau MO 63701
10/18/00
12:01
PM
11/17/00
PROPERTY DAMAGE $
NOON
X
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
PER EXPIRING POLICY #: BINDER
Todd A. Ward
CODE: SUB CODE:
AGENCY
CUSTOMER ID: FRONA-1
DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location)
OCP - HOPPER ROAD EXTENSION PHASE 11B
INSURED
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLLISION:
OTHER THAN COL:
$196,292.30 - CONTRACTOR - FRONABARGER
CITY OF CAPE GIRARDEAII & BOWEN
CONCRETERS, INC.
ENGINEERING & SURVEYING, INC
AUTO ONLY - EA ACCIDENT $
401 INDEPENDENCE
EACH ACCIDENT $
CAPE GIRARDEAU MO 63701
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
COVERAGES LIMITS
TYPE OF INSURANCE
COVERAGE/FORMS
DEDUCTIBLE
COINS % AMOUNT
PROPERTY CAUSES OF LOSS
BASIC [::] BROAD [] SPEC
I
LOAN #
I
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE El OCCUR
OWNER'S & CONTRACTOR'S PROT
RETRO DATE FOR CLAIMS MADE:
GENERAL AGGREGATE $1000000
401 INDEPENDENCE
CAPE GIRARDEAII MO 63701
PRODUCTS - COMP/OP AGG $
/
PERSONAL & ADV INJURY $
X
EACH OCCURRENCE $1000000
FIRE DAMAGE (Any one fire) $
MED EXP (Any one person) $
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
MEDICAL PAYMENTS $
PERSONAL INJURY PROT $
UNINSURED MOTORIST $
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLLISION:
OTHER THAN COL:
ALL VEHICLES SCHEDULED VEHICLES
ACTUAL CASH VALUE
STATED AMOUNT $
OTHER
GARAGE LIABILITY
ANY AUTO
I
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
RETRO DATE FOR CLAIMS MADE:
EACH OCCURRENCE $
AGGREGATE $
SELF-INSURED RETENTION $
WORKER'S COMPENSATION
AND
EMPLOYER'S LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE - EACH EMPLOYEE $
DISEASE - POLICY LIMIT $
SPECIAL
CONDITIONS/
OTHER
COVERAGES
FEES $
TAXES $
ESTIMATED TOTAL PREMIUM $
NAME & ADDRESS
ACORD 75-S (1/97) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE .. ACORD CORPORATION 1993
MORTGAGEE
LOSS PAYEE
Hx
ADDITIONAL INSURED
LOAN #
CITY OF CAPE GIRARDEAU & BOWEN
ENGINEERING & SURVEYING, INC.
AUTHORIZED REPRESENTATIVE
401 INDEPENDENCE
CAPE GIRARDEAII MO 63701
/
Todd A. Ward
ACORD 75-S (1/97) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE .. ACORD CORPORATION 1993
CHANGE ORDER #1 & FINAL
PROJECT NAME Hopper Road Phase IIB
CONTRACTOR Fronabarger Concreters, Inc.
CONTRACT DATE October 18, 2000
The following changes are hereby made to the Contract Documents:
Item No. 1: Changes to bid items
Changed from:
No.
Item
3.
Class B Excavation
4.
Class A Excavation
5.
7" P.C. Concrete Pavement
7.
6" P.C. Conc. Driveway
$5,000.00
Pavement
9.
2" Bituminous Pavement
10.
9" Bituminous Base
172
Material
11.
4" P.C. Concrete Sidewalk
16.
4.5' x 4.5' Single Curb Inlet
21.
10' X 4.5' Double Curb Inlet
22.
15" RCP
24.
24" RCP
25.
30" RCP
27.
36" RCP
28.
42" RCP
29.
48" RCP
30.
48" RCP Remove & Relay
31.
5' Paved Ditch
33.
Adjust Existing Sanitary
$1,570.00
Sewer Manhole
38.
Tree Well @ Sta. 7+60 Lt.
39.
Tree Well @ Sta. 8+10 Rt.
Changed to:
No. Item
3. Class B Excavation
4. Class A Excavation
5. 7" P.C. Concrete Pavement
7. 6" P.C. Conc. Driveway
Pavement
9. 2" Bituminous Pavement
Unit
Qty.
Unit Price
Price
CY
3,177
$ 3.00
$9,531.00
CY
100
$50.00
$5,000.00
SY
4,101
$19.00
$77,919.00
SY
172
$27.90
$4,798.80
TONS
10
$50.00
$500.00
TONS
45
$50.00
$2,250.00
LF
131
$20.00
$2,620.00
EA
1
$1,200.00
$1,200.00
EA
1
$2,800.00
$2,800.00
LF
78.5
$20.00
$1,570.00
LF
32
$30.00
$960.00
LF
198.5
$39.00
$7,741.50
LF
243.5
$53.00
$12,905.50
LF
190
$72.00
$13,680.00
LF
49.5
$85.00
$4,207.50
LF
22.5
$30.00
$675.00
LF
15
$32.00
$480.00
EA
2
$200.00
$400.00
EA
1
$3,500.00
$3,500.00
EA
1
$3,500.00
$3,500.00
Unit
Qty.
Unit Price
Price
CY
3,926
$ 3.00
$11,778.00
CY
0
$50.00
$0.00
SY
4,182
$19.00
$79,458.00
SY
215.3
$27.90
$6,006.87
TONS
0
$50.00
$0.00
10.
9" Bituminous Base
TONS
0
$50.00
$0.00
LS
Material
$2,750.00
$2,750.00
41. Valve Box Adjustment
LS
11.
4" P.C. Concrete Sidewalk
LF
149.1
$20.00
$2,982.00
16.
4.5' x 4.5' Single Curb Inlet
EA
3
$1,200.00
$3,600.00
21.
10' x 4.5' Double Curb Inlet
EA
0
$2,800.00
$0.00
22.
15" RCP
LF
86.5
$20.00
$1,730.00
24.
24" RCP
LF
22.5
$30.00
$675.00
25.
30" RCP
LF
172.5
$39.00
$6,727.50
27.
36" RCP
LF
249
$53.00
$13,197.00
28.
42" RCP
LF
180
$72.00
$12,960.00
29.
48" RCP
LF
54
$85.00
$4,590.00
30.
48" RCP Remove & Relay
LF
30
$30.00
$900.00
31.
5' Paved Ditch
LF
0
$32.00
$0.00
33.
Adjust Existing Sanitary
EA
1
$200.00
$200.00
38.
Tree Well @ Sta. 7+60 Lt.
EA
0
$3,500.00
$0.00
39.
Tree Well @ Sta. 8+10 Rt.
EA
0
$3,500.00
$0.00
Item No. 2: Additional contract items
No. Item
Unit
Qty.
Unit Price
Price
40. PCC Pavement Transitions
LS
1
$2,750.00
$2,750.00
41. Valve Box Adjustment
LS
1
$456.40
$456.40
42. Junction Box Adjustment
LS
1
$369.81
$369.81
JUSTIFICATION
The purpose of this change order is to bring the bid quantities up to actual
constructed values. The asphalt pavement was eliminated because the asphalt tapers
were made from concrete instead. No rock was encountered while doing the excavation.
The tree wells were deemed unnecessary. The valve box was adjusted because it fell
within the sidewalk and the initial elevation was too high. A junction box at Dearmore
Court had to be adjusted to bring the lid to the elevation of the pavement.
CHANGE TO CONTRACT PRICE
Original contract price:
$196,292.30
Current contract price as adjusted by previous change orders:
$196,292.30
Current contract price due to this change order will be decreased by:
$ 7,857.72
The new contract price due to this change order will be:
$188,434.58
CHANGE TO CONTRACT TIME
Original contract time:
Substantial completion time — April 19, 2001
Final completion time — May 19, 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
Mark A. Lestq, City Engineer
Melani e is, Project Manager
Approved by�=---�
Michael G. Miller, City Manager
Date
Date /0 D/
Date %/ — — G-/
Accepted by Date/e//z, p
Fronabar r Concreters, Inc.