HomeMy WebLinkAboutRES.1634.01-08-2001BILL NO. 2001-3 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH MID -AMERICA SERVICES, INC.,
FOR THE SLOAN RELIEF SEWER PROJECT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is here by authorized to execute an
Agreement with Mid-America Services, Incorporated, for the
Sanitary Sewer Improvement Program, Sloan Relief Sewer. A copy
of said Agreement is attached to this Resolution and made a part
hereof.
PASSED AND ADOPTED THIS DAY OF , 20_.
L.
A. Spradling, III, M yor
Tmm T1[ m
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
AGREEMENT
THIS AGREEMENT is dated as of the ,?4w day of q� in the
year 20_/ by and between CITY OF CAPE GIRARDEAUL MISSOURI
(hereinafter called OWNER) and
Mid-America Services Incorporated
(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 consists of installing approximately 7,500 lineal feet
of sanitary sewer pipe ranging in size from 8 inches to 24
inches. The work also includes clearing and grubbing, turfing,
removal and replacement of pavement, , constructing manholes,
boring and jacking casing pipe, and reconnecting building
laterals.
The Project for which the Work under the Contract Documents may be
the whole or only a part is generally described as follows:
SLOAN RELIEF SEWER
ARTICLE 2. ENGINEER.
The Project has been designed by Sverdrup Civil, Inc. who is
hereinafter called ENGINEER and will act as OWNER'S Representative,
assume all duties and- responsibilities and have the rights and
authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the
Contract Documents.
ARTICLE 3. CONTRACT TIME.
3.1 The Work under Total Base Bid in Bid Form will be
substantially completed within 300 calendar days (240 calendar days
for Work under Items A through I in Unit Price Schedule in Bid Form)
from the date when the Contract Time 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 330 calendar days (270 calendar days for Work under
Items A through I in Unit Price Schedule iri Bid Form) from the date
when the Contract Time commences to run.
C5332800 \ ses-vi uosuo 00500-1 AGREEMENT
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
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 in
a legal proceeding 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 Five Hundred
Dollars ($500.00) for each day that expires after'the time specified
in Paragraph 3.1 for Substantial Completion, until the Work is
substantially complete. Such amount being based on penalties to be
assessed by the Federal Government and on excess engineering fees.
After Substantial Completion if CONTRACTOR shall neglect, refuse or
fail to complete the remaining Work within the Contract Time or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
Two Hundred Dollars ($200.00) for each day that expires after the
time specified in Paragraph 3.1 for completion and readiness for
final payment. Such amount being based on excess engineering fees.
ARTICLE 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents. Total of all unit and lump sum prices.
One Million Nine Hundred Five Thousand Eight Hundred Fifteen
AND 00/100 ------------------------------Dollars ($1,905,815,00).
ARTICLE 5. CHANGES IN THE WORK.
The amount of any increases or decreases in the Contract Price which
results from a Change Order shall be set forth in the applicable
Change Order.
ARTICLE 6. 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.
6.1 Progress Payments. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment as recommended by ENGINEER, on or about the
last day of each month during construction as provided below. All
progress payments will be on the basis of the number of units
completed.
6.1.1 Prior to Substantial Completion, progress payments will be
made, 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; less a {
retained amount in accordance with the following schedule:
C5332800 \ SRS -VI -00500 00500-2 AGREEMENT
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
6.1.1.1 10 percent until the Work is 50 percent complete as
determined by the ENGINEER.
6.1.1.2 5 percent after the Work is 50 percent complete as
determined by the ENGINEER and if the character and progress
of the Work have been satisfactory to OWNER and ENGINEER.
6.1.2 Upon Substantial Completion, in an amount sufficient to
increase the total payments to CONTRACTOR to 100 percent of the
Contract Price, less such amounts as ENGINEER determines is
necessary to assure final completion of the Work, or OWNER may
withhold in accordance with Paragraph 14.•7 of the General
Conditions.
6.2 Final Payment. Upon final completion and acceptance of the
Work in accordance with Paragraph 14.13 of the General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said Paragraph 14.13.
ARTICLE 7. INTEREST.
If the OWNER fails to make payment thirty (30) days after approval by
the ENGINEER, in addition to other remedies available to the
CONTRACTOR, then shall be added to each such payment interest at the
maximum legal rate commencing on the first day after said payment is
due and continuing until the payment is received by the CONTRACTOR.
The legal rate of interest shall be as specified in Section 34.057
RSMo . ( Supp . 1991).
ARTICLE 8. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR
makes the following representations:
8.1 CONTRACTOR has familiarized itself with the nature and extent
of the Contract Documents, Work, site, locality, and all local
conditions and Laws and Regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
8.2 CONTRACTOR has studied carefully all reports of explorations
and tests of subsurface conditions which are identified in the
Supplementary Conditions as provided in Paragraph 4.2 of the General
Conditions. _
8.3 CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such
examinations, investigations, explorations, tests, reports and
studies (in addition to or to supplement those referred to in
Paragraph 8.2 above) which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise may affect the
cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with
C5332800 \ sits-vl-oosoo 00500-3 AGREEMENT
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C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
the other terms and conditions of the Contract Documents, including
specifically the provisions of Paragraph 4.2 of the General
Conditions; and no additional examinations, investigations,
explorations, tests, reports, studies or similar information or data
are or will be required by CONTRACTOR for such purposes.
8.4 CONTRACTOR has reviewed and checked all information and data
shown or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations,
tests, reports, studies or similar information or data in respect of
said Underground Facilities are or will be required by CONTRACTOR in
order to perform and furnish the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the
provisions of Paragraph 4.3 of the General Conditions.
8.5 CONTRACTOR has correlated the results of all such
observations, examinations, investigations, explorations, tests,
reports and studies with the terms and conditions of the Contract
Documents and acknowledges Paragraph 4.7 of the Supplementary
Conditions.
8.6 CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
ARTICLE 9. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between
OWNER and CONTRACTOR concerning the Work consist of the following:
9.1 This Agreement
9.2 Exhibits to this Agreement
9.3 Performance and Payment Bonds
9.4 Notice of Award
9.5 General Conditions
9.6 Supplementary Conditions
9.7 Specifications bearing the title, "Volume 1,Sloan Relief Sewer,
Bidding and Contract Documents for Sanitary Sewer Improvement
Program, Phase II, City of Cape Girardeau, Missouri"
9.8 Specifications bearing the title, "Volume 2 Master
Specifications for Phase II Projects Sanitary Sewer Improvement
Program, City of Cape Girardeau, Missouri"
CS332800 \ sas-vi•oosoo 00500-4 AGREEMENT
I
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
9.9 Drawings with each sheet bearing the title, "Sanitary Sewer
Improvement Program, Sloan Relief Sewer, Cape Girardeau, MO."
9.10 Addenda numbers -0- to -1- inclusive
9.11 CONTRACTOR's Bid
9.12 Invitation to Bid
9.13 Instruction to Bidders
9.14 Applicable Regulatory requirements
9.15 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.
9.16 The documents listed in Paragraphs 9.2 et. seq. above are
attached to this Agreement (except as expressly noted otherwise
above) and all are incorporated by reference in this Agreement.
There are no Contract Documents other than those listed above in this
Article 9. The Contract Documents may only be amended, modified or
supplemented as provided in Paragraphs 3.5 and 3.6 of the General
Conditions.
ARTICLE 10. MISCELLANEOUS.
10.1 Terms used in this Agreement which are defined in Article 1 of
the General Conditions will have the meanings indicated in the
General Conditions.
r
10.2 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.
10.3 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.
C5332800 \ S"-vi-oasoo 00500-5 AGREEMENT
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C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
ARTICLE 11. NON-DISCRIMINATION IN EMPLOYMENT.
11.1 CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, creed, color, or national
origin. The CONTRACTOR will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color or national
origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship.
11.2 CONTRACTOR will post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this non-discrimination clause.
11.2.1 CONTRACTOR will, in all solicitations or
advertisements for employees placed by or on behalf of the
CONTRACTOR, state that all qualified applicants will receive
consideration for employment without regard to race, creed,
color, or.national origin.
11.2.2 CONTRACTOR will send to each labor union or
representative of workers with which he has a collective ;
bargaining agreement or other contract or understanding, a
notice, to be provided by the agency contracting officer,
advising the labor union or workers' representative of the
CONTRACTOR's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the
notice in conspicuous places available to employees and
applicants for employment.
11.2.3 CONTRACTOR will comply with all provisions of
Executive Order No. 11246 of September 24, 1965, and of the
rules, regulations,, and relevant orders of the Secretary of
Labor. _
11.2.4 CONTRACTOR will furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
11.2.5 In the event of the CONTRACTOR's non-compliance with
the non-discrimination clauses of this Contract or with any of
such rules, regulations, or orders, this Contract may be
cancelled, terminated or suspended in whole or in part and the
CONTRACTOR may be declared ineligible for further Government.
contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies involved as
CS332600 \ ses-vi-oosoo 00500-6 AGREEMENT
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
provided in Executive Order No. 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
11.2.6 CONTRACTOR will include the provisions of Article 11
in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The CONTRACTOR will take
such action with respect to any subcontract'or purchase order
as the contracting agency may direct as a means of enforcing
such provisions including sanctions for non-compliance:
Provided, however, that in the event the CONTRACTOR becomes
involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the
contracting agency, the CONTRACTOR may request the United
States to enter into such litigation to protect the interests
of the United.States. P
C5332900 \ SRS -Vi -0000 00500-7 AGREEMENT
C
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
'IN WITNESS WHEREOF, OWNER and CONTRACTOR hereto have caused this
hs�,xument to be executed in six (6) original counterparts as of the
T d year first above written.
i X. r . 1. _
City of C e Girardeau, Missouri
0.R, �,.�t, ��. z � �� (Owner)
pitClerk)
iy:' , Michael G. Miller
Witness) (Title)
jl�. k Mid-America Servi nas , Tnrnr= orated
�i�rr/sr (Contractor)
-
rII/, By
`Secretary)cz
Li
itn ss)
(Title)
P.O. Box 325
Chester, IL 62233
(Address and Zip Code)
(618) 826-2854
(Telephone Number)
NOTE: City Clerk of the Owner should attest. If Contractor is a
corporation, Secretary should attest.
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END OF SECTION 00500
CS332800 \ sas-vi-oosoo 00500-8 AGREEMENT
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Performance Bond
AIA Document A312 - Electronic Format
Bond NO. 11141718541
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
Any singular reference to Contract, Surety, Owner or Other Party Shall be considered plural where applicable.
CONTRACTOR (Name andAddress):
Mid—America Services,Inc.
P.O. Box 325
Chester, IL 62233
SURETY (Name and Principal Place ojBusiness)
National Surety Corporation
727 Craig Road
St. Louis, MO 63141
OWNER (Name and Address):
City of Cape Girardeau,Missouri
401 Independence Street
Cape Girardeau, MO 63701
CONSTRUCTION CONTRACT
Date: ��BP tJ.}Ry A-21 A00 I
Amount: $1,905,815.00
Description (Name and Location): Sloan Relief Sewer,13328 Sanitary Sewer Improvement Program
BOND
Date (Not earlier than Construction Contract Date): 1 E'QRVAR�J
Amount: $1,905,815.00 r
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Mid—America Serv;Lces,Inc.
x
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PC ] None [ ] See
SURETY
Company: National Surety Core
Signature:
�.,
Carol D. Er�ciitl`F3'gA't'drrtey i�
iy"G"�
Name and Title: Fact:,..
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(An ,iohalsignature`s#p par'on the last page)
4. //�-phi€}'r.:)4 �. f � ♦�� l �
(FbRl d�ij��1 lATll�r O b� Name, Address and Telephone)
AGENT or BROKER '
Assurance Brokers, Ltd.
OWNER'S REPRESENTATIVE (Architect, Engineer or other
P.O. Box 424
per,):
Edwardsville, IL 62025
ALA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA (&• THE AMERICAN INSTITUTE OF ARCHITECTS,
'735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 • THIRD PRINTING • MARCH 1987. WARNING; Unlicensed photocopying violates U.S.
xpyright laws and is subject to legal prosecution. This document was electronically produced with petmissiou of the ALA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A312-1984
User Document: A312.CON — 11/13/1996. AIA License Number 104405, which expires on 11/1/1997 — Page #1
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • ALA (9• THE AMERICAN INSTITUTE OF ARCHITECTS.
735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C., 20006-5292 • THIRD PRINTING • MARCH 1987. WARNING; Unlicensed photocopying violates U.S.
)pyright laws and is subject to legal prosecution. This document was electronically produced with permission of the ALA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A312-1984
User Document: A312.CON — 11/13/1996. AIA License Number 104405, which expires on 11/1/1997 — Page #2
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance of
the Construction Contract, which is incorporated herein by
•eference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation under
this Bond, except to participate in conferences as provided in
Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be held
not later than fifteen days after receipt of such notice to
discuss methods of performing the Construction
Contract. If the Owner, the Contractor and the Surety
agree, the Contractor shall be allowed a reasonable time
to perform the Construction Contract, but such an
agreement shall not waive the Owner's right, if any,
subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Stich Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Sub -paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the
Construction Contract itself, through its agents or
through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected With
the Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified
surety equivalent to the bonds issued on the Construction
Contract, and pay to the Owner the amount of damages
as described in Paragraph 6 in excess of the Balance of
the Contract Price incurred by the Owner resulting from
the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as 'practicable after the amount is
determined, tender payment therefor to the
Owner; or
2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 With reasonable promptness, the Surety shall be deemed to
be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in
Subparagraph 4.4, and the Owner refuses the payment
tendered or the Surety has denied liability, in whole or in
part, without further notice the Owner shall be entitled to
enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety elects
to act under Subparagraph 4.1, 4.2, or 4.3 above, then the
responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety
shall not be greater than those of the Owner under the
Construction Contract. To the limit of the amount of this
Bond, but subject to commitment by the Owner of the
Balance of the Contract Price to mitigation of costs and
damages on the Construction Contract, the Surety is
obligated without duplication for:
6.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Contract;
ALA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • ALA (8)• THE AMERICAN INSTITUTE OF ARCHITECTS.
-35 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 • THIRD PRINTING • MARCH 1987. WARNING; Unlicensed photocopying violates U.S.
_pyTigItt laws and is subject to legal prosecution. This document was electronically produced with pennission of the ALA and can be reproduced without violation until the
date of e,%piration as noted below.
Electronic Format A312-1984
User Document: A312.CON — 11/13/1996. AIA License Number 104405, which expires on 11/1/1997 — Page #3
6.2 Additional legal, design professional and delay costs
resulting from the Contractor's Default, and resulting
from the actions or failure to act of the Surety under
Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of
the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its
heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working or
Within two years after the Surety refuses or fails to perform
its obligations under this Bond, whichever occurs first. If the
provisions of this Paragraph are void or prohibited by law,
ale minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the signature
page.
11 When this Bond has been furnished to comply with
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted here from and provisions
conforming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this Bond
shall be construed as a statutory bond and not as a common
law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have
been made, including allowance to the Contractor of any
amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor
under the Construction Contract
12.2 Construction -Contract: The agreement between
the Owner and the Contractor identified on the signature
page, including all Contract Documents and changes
thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to perform
or otherwise to comply With the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor
as required by the Construction Contract or to perform
and complete or comply With the other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Signature: _
Name and Title:
(Corporate Seal)
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA CD- THE AMERICAN 1NSTTTUTE OF ARCHITECTS,
735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 • T= PRINTING • MARCH 1987. WARNING; Unlicensed photocopying violates U.S.
.)pyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the
date of expiration as noted below.
Electronic Format A312-1984
User Document: A312.CON — 11/13/1996. AIA License Number 104405, which expires on 11/1/1997 — Page #4
No. F00490486'i�ry �'
OF MISSO
ro,V,CREr44�p
IPA
MISSOURI
Rebecca McDowell Cook
Secretary of State
CORPORATION DIVISION - CERTIFICATE OF AUTHORITY
WHEREAS,
MID -AMERICA SERVICES, INC.
using in Missouri the name
MID -AMERICA SERVICES, INC.
has complied with the General and Business Corporation Law
which governs Foreign Corporations; by filing in the office
of the Secretary of State of Missouri authenticated evidence
of its incorporation and good standing under the Laws of the
State of ILLINOIS.
NOW, THEREFORE, I, REBECCA McDOWELL COOK, Secretary of
State of the State of Missouri, do hereby certify that said
corporation is from this date duly authorized to transact
business in this State, and is entitled to all rights and
privileges granted to Foreign Corporations under the General
and Business Corporation Law of Missouri.
IN TESTIMONY WHEREOF, I have set my
hand and imprinted the GREAT SEAL of
the State of Missouri, on this, the
30th day of NOVEMBER, 2000.
Secretary of State
$155.00
�Y:.fiS•��g
�l{�;R•i. air
w
2.
3.
4.
5.
6
7
8.
Corporations Division
P.O. Box 778, Jefferson City, MO 65102
State of Missouri
Rebecca McDowell Cook, Secretary of State
James C. 1QrkpIri"a4e'IhtRrrfiation Center
600 W. Main Stp446ni0F jjfr4QAT70y'Dfa 65101
AUTHORITY ISSUED
NOV 2000
Application for Certificate of Authority
for a Foreign For -Profit Corporation%'/
(Submit in duplicate with filing fee of S 155.00)
t
The corporation's name is Mid Ameri ra Servi ceS, Tn
and it is organized and existing under the laws of Illinois
The name it will use in Missouri is
The date of its incorporation was 2-10-1986 and the period of its duration is
month/day/year {
The address of its principal place of business -3624 Union School Road, Chester., IL 62233
Address City/State/Zip
The name and address of its registered agent and office in the State of Missouri is
CT Corporation System, 120 S Central Ave, Suite 400, Clayton, MO 63105
Name Address City/State/Zip
The specific purpose(s) of its business in Missouri are:
Mid-America Services,Inc. are general contractors wanting to do business
in Missouri,
The name of its officers and directors and their business addresses are as follows:
(Officers) Name Address
City/State/Zip
President Brett Frazer '3624 linion School Road Chester, IL 62233
Vice President
Secretary Brenda Frazer 3624 union School Road Chester, IL 62233
Treasurer _
(Board of Directors)
Director Brett Frazer
Director
Brenda Frazer
Director
The effective date of this document is the date it is filed by the Secretary of State of Missouri, unless you indicate a future date, as follows:
(Date may not be more than 90 days after the filing date in this office)
r
ation thereof, the facts stated above are true.
Brett Fra
(Authorized Signature) (Printed Name)
(Title)
sident 11-28-01
(Date)
Note: You must submit current original certificate of good standing or certificate of existence with this application. This may be obtained
from your Secretary of State or other authority that issues corporate charters.
Corp. #42 (8/99)
Payment Bond
AIA Document A312 - Electronic Format
Bond NO. 11141718541
CONTRACTOR (Name and Address):
Mid—America Services,Inc.
P.O. Box 325
Chester, IL 62233
OWNER (Name and Address):
City of Cape Girardeau,Missouri
401 Independence Street
Cape Girardeau, MO 63701
CONSTRUCTION CONTRACT
Date: -t __gR VAR jl C= , C5?001
WRFTYN�,m and Principal Place ofBusiness):
ationaf urety Corporation
727 Craig Road
St. Louis, MO 63141
Amount: $1, 905 , 815. 0
Description(NameandLocarion): Sloan Relief Sewer, 13328 Sanitary Sewer Improvement Program
BOND
Date (Not earlier than Construction Contract Date): TEBR(JAR y a
Amount: $1,905,815.00
Modifications to this Bond: [ None [ ] See Page
"ONTRACTOR AS PRINCIPAL SURETY
ompany: (Corporate Seal) Company: National Surety Corporatporate Seal)
Mid—America Services,Inc.f�,,.,''
f'Y
k
n� {"'''•� "a� i M # �
?
Signature: � t I
��� ?',rte. :.
Signature: 1l �GYh.o
Name an��T�ltle %
t r—�
Name and Title: Carol D. Erwiiaea,tprnizi F
f3
All
(Any 4dditi6nal'signdtures d*at- on the last page)
IN
(FOR IMFARMATION. , *,K*Name, Address and Telephone)
/1, v �� %"
AGENT or BROKER:
OWNER'S REPRESENTATIVE (Architect, Engineer or other
Assurance Brokers, Ltd.
party):
P.O. Box 424
Edwardsville, IL 62025
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA t• THE AMERICAN INSTITUTE OF ARCHITECTS,
"35 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 • THIRD PRINTING • MARCH 1987. WARNING; Unlicensed photocopying violates U.S.
yright laws and is subject to legal prosecution. This document was electronically produced under license number 296000035 and can be reproduced without violation
cmtil 02/01/96.
Electronic Format A312-1984 User Document: A312.CON — 11/13/1996. AIA License Number 104405, which expires on 11/
I The Contractor and the Surety, jointly and severally bind
themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and
equipment furnished for use in the performance of the
-onstruction Contract, which is incorporated herein by
reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner
from claims, demands, liens or suits by any person or
entity whose claim, demand, lien or suit is for the
payment for labor, materials or equipment furnished for
use in the performance of the Construction Contract,
provided the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits and
tendered defense of such claims, demands, liens or suits
to the Contractor and the Surety, and provided there is
no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment, directly
or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under
.his Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating that
a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the Owner,
within 90 days after having last performed
labor or last furnished materials or equipment
included in the claim stating, with substantial
accuracy, the amount of the claim and the name
of the party to whom the materials were
furnished or supplied or for whom the labor
was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent a
copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations
of the Contractor and the Surety under this Bond, subject to
the Owner's priority to use the funds for the completion of
the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelated
to the Construction Contract. The Owner shall not be liable
for payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or to
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA (&• THE AMERICAN INSTITUTE OF ARCHITECTS,
'735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 • THIRD PRINTING • MARCH 1987. WARNING; Unlicensed photocopying violates U.S.
p} -right laws and is subject to legal prosecution. This document was electronically produced under license number 296000035 and can be reproduced without violation
until 02/01/96.
Electronic Format A312-1984 User Document: A312.CON — 11/13/1996. AIA License Number 104405, which expires on 11/
related subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction Contract, whichever of.(1) or (2) first occurs.
If the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be applicable
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the signature
page.. Actual receipt of notice by Surety, the Owner or the
Contractor, however accomplished, shall be sufficient
compliance as of the date received at the address shown on
the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment
for use in the performance of the Contract. The intent of
this Bond shall be to include without limitation in the
terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contract,
architectural and engineering services required for
performance of the 'work of the Contractor and the
Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in the
jurisdiction where the labor, materials or equipment
were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the signature
page, including all Contract Documents and changes
thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor
as required by the Construction Contract or to perform
and complete or comply with the other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
SURETY
(Corporate Seal) Company:
(Corporate Sea])
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA V- THE AMERICAN INSTITUTE OF ARCHITECTS.
1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292 • THIRD PRINTING • MARCH 1987. WARNING; Unlicensed photocopying violates U.S.
.)pyright laws and is subject to legal prosecution. This document was electronically produced under license number 296000035 and can be reproduced without violation
until 02/01/96.
Electronic Format A312-1984 User Document: A312.CON — 11/13/1996. AIA License Number 104405, which expires on 11/
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURE'T'Y CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,
an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the
Companies") does each hereby appoint Ralph L. McQuiggan, Charles R. McQuiggan, T. L. Simmons, and Carol D. Erwine,
Edwardsville, IL
their true and lawful Attomey(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof------------------------------------------------------------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed \yith the corporate seals of the Companies and duly
attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY
CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE
COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been
amended or repealed:
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the
Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by
facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Companies."
IN WITNESS WHEREOF, the Comp vies have caused th�s,�9pFesents to be signed by their Vice -President, and their corporate seals to be hereunto affixed
this L 1 day of UctO�er Y 2S
vv(rr s f AGER%' ""'"""" FIREMAN'S FUND INSURANCE COMPANY
�J Op�q,O,Q `..0\�0 / o%, �`��• ...spy ,��a� earo.• �e'�'' .•`O�p�pB� SU'�/ 4 NATIONAL SURETY CORPORATION
J �' FQ O `.••' •• ( ,••• is • L) ` Jam:' .�Cf.�'
c 3 = � o _, * � Y ; <: — •— •;�= THE AMERICAN INSURANCE COMPANY
Z sear a 1970D o z } S E A L `: s ASSOCIATED INDEMNITY CORPORATION
`Qe ✓G e.r .. AMERICAN AUTOMOBILE INSURANCE COMPANY
ti <J .,, "•, • � F Nc cod' 4� pJ •%( Mo,,`
",k ••"'mm�mmnrr` E NCE C "`w„n. �;�a,,,.o
By
STATE OF CALIFORNIA(611 vYc -Resident
SS.
COUNTY OF MARIN
On (his 21 day of October 1998 before me personally came M. A. Mallonee to me known, who, being by me
duly sworn, did depose and say: that he is a Vice -President of each company, described in and which executed the above instrument; that he knows the seals of the said
Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he
signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
L OCAMPO
Commission # 1163726 Z
z "=s Notary Public - Colifomla £
Marin County
My Comm. Exp1te5 Nov 28, 21001 Notary Public
CERTIFICATE
STATF� OF CALIFORNIA
,s
ss.
: � ,UNP1`Y�b MA121N
�7")tte �Irldet t>SdIent Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
yr]d teas ritt okgd;,and furthermore that Article VII of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney,
aa now in for
-r-r C�
ipned andp sealed at the Cpunty of Marin. Dated the day of 4�90RQ04kq 2001 .
. •/ .-. P 111 N
�ETYCt 1 �+e'Strrlq,°.
1 t O O r �` G tfo.rer.r '4 o BRE (R
yp
.�GOa q•11,'A,Q F S Co k 4� •.ti• .y 1 �c ♦•ti `�`iA........... �''•� l/'
• 5 N1 f(ff'��lJj!f%j/�_ZjE� t: 6 E A Lb' c
Q�=ti'•....�..`' —
// ". �/, tJ �'„, •,,,,,,,•srr NCE G�� CE GAJ'f�(OUIS aC3'"e, Resident Assistan( Secretary
//'1 s n'nnuunae '"W,uunnnao
I
STATE OF ILLINOIS
COUNTY OF MADISON
OnBRUARy aa, ;061 before me, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn,
personally appeared Carol D. Ervine know to me to be the
Attorney—In—Fact of National Surety Corporation
the corporation- described in and that she executed the within and
foregoing instrument, and know to me to be the person who executed
the said instrument in behalf of the said corporation, and she duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year stated in the certificate above.
My Commission Expires: 11/03/61 G�c
Notary Public
Charles R. McQuiggan
LNOTAOFFICIAL SEAL
RY
ARLES R MCQUIGGAN
PUBLIC, STATE OF ILLINOIS
COMMISSION EXPIRES: 11/03/01
F ACORDt T[ TE Or L
PRODUCER (618)826-5457 FAX (618)826-5458
_nester Insurance Agency
PG Box 228
1200 Swanwick St
Chester, IL 62233
Attn:
INSURED
Mid-America Services Inc
Po Box 325
Chester, IL 62233
UT 1F oziisiiooi
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY AMERICAN STATES INSURANCE
Ext: A
COMPANY ALLSTATE INSURANCE COMP4,NY
e
COMPANY
r_
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORncn 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES: LIMITS SHOWN MAY nmvE BEEN REDUCED BY PAID CLAIMS.
............ ..... _.... .......... ..
....... .......... .. _ ...._......_... ..... .. _ _...... ....._. _ ..-.......................... __ ........ _. ...... .
COTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDOY) DATE (MMIDD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG $ 2 , 000 , 000
..................... .......... .I..,.... ........
CLAIMS MADE X : OCCUR PERSONAL & ADV INJURY $ 1,000—,000
A `' --- 01 -CE -191801-50 01/01/2001 01/01/2002 - - -- - -- -
OWNERS 8 CONTRACTOR'S PROT : EACH OCCURRENCE $ 1,000,000
......................................................_............_ ..........
FIRE DAMAGE (Any one fire) $ 200,000
MED EXP (Any one Person) $ 10, 000
AUTOMOBILE LIABILITY
AUTO ONLY- EA ACCIDENT
ANY AUTO
X
ALL OWNED AUTOS
B X
SCHEDULED AUTOS
X
HIREDAUTOS
.......
NON -OWNED AUTOS
...............................
.048035250
COMBINED SINGLE LIMIT $ 1,000,000,;
..................................................................... _................ ,
i
BODILY INJURY $
(Per person)
03/05/2000 03/05/2001.......................................................................................
03/05/M 03/05/2002 BODILY INJURY $
PROPERTY DAMAGE $
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT
$
ANY AUTO
OTHER THAN AUTO ONLY:
..
................
_ ......... _... i
_. __. EACH ACCIDENT
_... __._._.......
$ -_........ . __.
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE
$ 3,000,000
A X UMBRELLA FORM .01 -SU -258442-30
_ _... .......
J1/01/2001 01/01/2002 AGGREGATE
........................................................................................
._
$
OTHER THAN UMBRELLA FORM
$
WORKERS COMPENSATION AND
TORY LIMITS
..
EMPLO LIABILITY
A - 01 -WC -804395-50
EL EACH ACCIDENT
01/01/2001 01/01/2002 -
$ 1, 000 , 000
THE PROPRETOR/ INCL
EL DISEASE - POLICY LIMIT
$ QQQ
PARTNERSIEXECUTIVE
............................................................
-1.1.0.0.0 ...,
. _........
OFFICERS ARE. EXCL
EL DISEASE - EA EMPLOYEE
$ 1. 000 , 000
OTHER
Owner's Protective
Each Person
1 000 00
, ,
A Liability 01 -CE -987159 03/15/2001 03/15/2002 :Each Occurrence 27000900
)ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS
ity of Cape Girardeau, MO and Sverdrup Civil, Inc. are additional insureds.
he Umbrella policy has additional coverage of 3,000,000 above the other listed coverages.
I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Cape Girardeau 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City Hall BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
401 Independence St. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Cape Girardeau, MO 63701 AUTHORIZEDREPRES"TIVE
C5332800 SA1NITARY SEWER IMPROVEMENT PROGP.Ai%l
SLOAiN RELIEF SEWER
CITY OF CAPE GIRARDEAU
BID FORM
PROJECT IDENTIFICATION
Sloan Relief Sewer
Sanitary Sewer Improvement Program
City of Cape Girardeau, Missouri
CONTRACT IDENTIFICATION AND NUMBER
Sloan Relief Sewer
THIS BID IS SUBMITTED TO
City of Cape Girardeau, Missouri
City Hall
401 Independence Street
Cape Girardeau, Missouri 63701
1. The undersigned BIDDER proposes and agrees, if this 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 prices
stated in the "Unit Price Schedule" 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
ninety days after the day of Bid opening. BIDDER will deliver and
sign 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 (Li g AddendAddenda by rAddendum Number and
t of which is
hereby acknowledged:
Date)
#1 --November
(b) BIDDER has visited the site and become familiar with and is
satisfied as to the general, local and site conditions that
MTn FORM
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
may affect cost, progress, performance and furnishing of the
Work.
(c) BIDDER is familiar with and satisfied as to all federal, state
and local Laws and Regulations that may affect cost, progress,
performance and furnishing of the work.
(d) BIDDER has carefully studied all reports of explorations and
tests of subsurface conditions at or contiguous to the s-ite
and all drawings of physical conditigns and Underground
Facilities in or relating to existing surface or subsurface
structures at or contiguous to the site as related to
Paragraphs 4.2 and 4.3 of the General Conditions and SC -4.7 of
the Supp'_emenrary Conditions. BIDDER acknowledges that such
reports and drawings may 'not be complete for BIDDER's
purposes. BIDDER acknowledges t=at OWNER and ENGINEER do not
assume responsibility for the 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 and that BIDDER assumes responsibility
for all costs associated with handling Subsurface Conditions,
including Groundwater, Physical Conditions and Underground
Facilities issues. 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
C5332800 SANITARY SEWER IMPROVEMENT PROGPA,M
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
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 induced
or solicited 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) BIDDER certifies by executing the a-tached form that his firm
or any affiliate is not currently debarred or suspended from
doing business on a Federally assisted project in accordance
with 40 CFR Part 32, as published in Volume 47 Federal
Register, No. 159, page 35940 et. seq. Debarment and
Suspension Under EPA Assistance Programs, dated August 17,
1982, and Executive Order 12549, and is not currently listed
on the General Services Administration (GSA) publication
entitled "Lists of Parties Excluded from Federal Procurement
or Non Procurement Programs pursuant to such regulations. It
is further agreed that certifications will be obtained from
r
subcontractors and that such certifications will remain in
effect including the date a Notice to Proceed is authorized
and will be retained in the files of the undersigned.
4. BIDDER will complete the Work in accordance with the Contract
Documents for the following unit prices.
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
UNIT PRICE SCHEDULE
Total
Estimated Unit Estimated
Item Quantity Price Price
A. MOBILIZATION Lump Sum $ k0� 000 /LS $�
B. MANHOLES
1. Depth 10'-15'
a. Standard 9 EA $ � /EA $ %ZOG0 J
b. Outside Drop 6 EA $ /EA $�/
2. Depth 15'-20'
a. Standard 10 EA $_qO00 /EA $ &oa9
b. Outside Drop 2 EA $ /moo /EA $ �, o
3. Depth 20'-25'
a. Standard 4 EA $ %1000 /EA $ #f000
b. Outside Drop 1 EA $ /Z�OoO _ EA $ 124000
C. GRAVITY SANITARY SEWER
PIPE
1. 8" Pipe 360 LF $ 60 JLF $ Z$,$00
2. 10" Pipe 170 LF $ loo /LF $ 170 O
3. 12" Pipe 1,663 LF $ X20 /LF $ S&0
4. 15" Pipe 214 LF $ 150 /LF $
5. 18" Pipe 1,241 LF $ 170 /LF $ 2 0
6.21" Pipe 2,333 LF $ /BD /LF $-��
7. 24" Pipe 304 LF $ 3oo /LF $ / Z o
D. JACKED CASING PIPE
1. 1811-2011 (min.)
Diameter 152 LF $ 00 /LF $ 36 BGtD
2. 24" (min.) Diameter 185 LF $ g0D /LF
E. LATERAL RECONNECTIONS aO0
Type A 1 EA $ 'ZoDoo /EA $
�—
Type B 2 EA $ o
Type C 3 EA $2 EA $ Z oiyo—/000 EA $
Type S
F. GRANULAR BACKFILL 1,500 CY $ 20 / CY $ 30 l�Da
G. PAVEMENT REMOVAL &
REPLACEMENT
1. ACP 135 SY $ 40 /SY $ Od
2. PCCP w/AC Overlay 240 SY $ foo /SY $ -------------
H. PIPE & MH ABANDONMENT
1. Sewer Plugs
a. 8"-12" Pipe 51 EA $ -500 /EA $ ZS 500
b. 15"-18" Pia 18 EA $ &00 /EA $
2. Frill Pipe wSand or
Fly Ash Slurry d3�s
a. 811-12-11 Pipe 1,785 LF $ -7 /LF $,
3. MH Abandonment 25 EA $ J, t?T 00 EA
I. CLEARING, GRUBBING & TURF /
REPLACEMENT 3 .2 AC $ 35000 /AC $ ��2� O00 ✓
1. Field Areas ,--
TOTAL BID (WORK BETWEEN MH A2 $ 9058/,5, 00
AND STA. 72+45.41)
nTn rnom
C5332800 SANITARY SEWER IMPROVEMENT PROG?.AM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
Item
J. ALTERNATE BIDDING ADDER
(WORK BETWEEN STATIONS
72+45.41 AND 84+57.49)
1. Standard Manhole
Depth 10'-15'
2. Outside Drop Manhole
Depth 15'-20'
3. Gravity Sanitary Sewer
12" Pipe
4. Jacked Casting Pipe
18"-20" (min.) Dia.
5. Cleaning, Grubbing &
Estimated Unit
Quantity Price
4 EA $ 000 / EA
1 EA $ O 000- / EA
1, 212 LF $ IZO /LF
130 LF $__IaDo _/LF
Total
Estimated
Price
$ 5_2_'000 ✓
$ /04 000 ✓
$
$ 7 000
Turf Replacement:
Field Areas 0. 8 AC $ /S'000 /EA $ /Zz 000
TOTAL BASE B I D ( ITEMS A THRU J) $ Z, S 3 • Z 5S '�
ltlo N1/lwodbNE ffy6 � Ob T)0'TNr1tE?'NcUSA,/o TwbNv,�JJ,�EPFiFr`: FiyEl�oua�s
(Total in Words)
(Total base bid amount is to be shown in both words and figures. In
case of discrepancy, the amount shown in words will govern. In case
of error in extension, the unit and lump sum prices under each Pay
Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
The above unit prices shall include all labor, equipment, materials
and supplies, bailing, shoring, removal, overhead, profit, insurance,
etc., to provide a complete system within the intent of these Contact
Documents.
The below unit price shall be utilized when rock is encountered and
must be excavated during construction of the project.
ROCK EXCAVATION
$ 100/Cy
The below unit price shall be utilized when trench over -excavation
and granular backfill are required per Section 02221, Paragraph 3.8A.
TRENCH OVER -EXCAVATION
AND GRANULAR BACKFILL $ 30/Cy
ABBREVIATIONS
LS Lump Sum
LF Lineal Feet
EA Each
SY Square Yards
AC Acres
CY Cubic Yards
MH Manhole
AC Asphaltic Concrete
ACP Asphaltic Concrete Pavement
PCCP Portland Cement Concrete Pavement
C5332800 SAIIIITARY SEWER IMPROVEMENT PROCR_A-M
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
UNIT PRICE SCHEDULE DEFINITIONS
A. MOBILIZATION
A lump sum payment not to exceed three (3) percent of the total
bid amount will be made to the Contractor with the first monthly
progress payment as a reasonable amount to start project.
B. MANHOLES
Payment will be based on completed, precast or cast -in-place
concrete manhole construction. Such payment shall include all
costs of excavation, sheeting and shoring (as required), forming
(as required), dewatering (as required), manhole base, walls,
cones, plastering where required, making pipe connections,
grout, joint seals, steps, frames, covers, bedding, testing, and
backfill. In addition, payment will be based on which depth
category the manhole belongs (1'-101, greater than 10' and up to
151, greater than 15' and up to 201, etc.). The measurement of
depth shall be the vertical feet of manhole from the top of the
frame and cover to the invert of the discharge sewer pipe.
C. GRAVITY SANITARY SEWER PIPE
Payment will be based on lineal feet of installed pipe, measured
along the pipe centerline from center to center of manholes or
junction chambers. Work activities include, but are not limited
to excavation; removing sewer pipe designated to be removed;
removing and replacing fence (as required), sheeting and shoring
(as required), forming (as required); dewatering (as required);
procuring, placing and compacting bedding materials; concrete
encasement or saddles (as required); procuring and installing
sewer pipe and all appurtenances, including cleanouts at
locations shown on plans; connecting to existing manholes and
other structures; placing and compacting backfill (granular
backfill is paid as a separate item as defined in Section F) ;
respreading topsoil (when required); aggregate surface course
(as required); testing; and site restoration except for turfing
and pavement replacement, all as defined in the Specifications.
In addition, payment will be based on the incremental depth of
the sewer (0'-101, greater than 10' and up to 151, greater than
15' and up to 201, etc.). The measurement of depth shall be the
vertical feet from ground surface to the installed sewer invert.
D. JACKED CASING PIPE
Payment will be based on completed installation of casing pipe.
Such payment shall include all costs of procuring and installing
casing pipe, excavation, sheeting and shoring (as required),
dewatering (as required), boring pits, boring, jacking, casing
spacers, and seals, sand or fly ash annular fill (if required),
testing, and placing backfill.
-- RTD FORM
C5332800 SANITARY SEWER IMPROVEMENT PROGP.AM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
E. LATERAL RECONNECTIONS
F
G
Payment will be based on complete reconnection of existing
service lateral. Such payment shall include all costs of
excavation, making pipe connections, boring or jacking of pipe
under pavement, clean outs, plugging lateral stub outs from
existing sewer, sheeting and shoring (as required), dewatering
(as required), procuring and installing sewer pipe and all
appurtenances, bedding, backfill, compaction, and site
restoration, all as defined in the Specifications.
GRANULAR BACKFILL
Payment will be based on the trench box width specified on the
drawings from 6 inches above the pipe to pavement subgrade.
Such payment shall include all costs of procuring, hauling,
placing, and compacting the granular backfill as defined in the
Specifications. Payment will also include the cost of hauling
off and disposing of the trench excavation being replaced with
the granular backfill. No payment will be made for granular
backfill that extends greater than 5 feet outside the edge of
the pavement or structure. `
PAVEMENT REMOVAL & REPLACEMENT
Payment will be based on square yards of pavement replacement
and lineal feet of integral concrete curb or concrete curb and
gutter as measured after construction. Such payment shall
include all costs for break up and offsite removal of existing
pavement and curbs, sawcutting, repairing subbase (as required)
forming (as required), procuring and placing wire mesh (when
required), procuring and placing portland cement concrete (PCC)
or asphalt, procuring and placing integral concrete curbs or
concrete curb and gutter sections, temporary pavement (as
required), joint construction (including steel reinforcement),
finishing operations, prime coat, tack coat, and pavement
marking. No payment shall be made for pavement removal and
replacement that extends beyond required pavement limits.
H. PIPE & MH ABANDONMENT
Payment shall be based on the number of plugs at opera ends of
and plugs at pipe openings at manholes that are to
to be abandoned; lineal feet of sewer pipe sections
D be filled with sand or fly ash slurry; and number of
o be abandoned. Work includes exposing and removing
f sewer pipe for filling and plugging, including the
:o complete the work -operations such as sand, fly ash,
concrete, excavation, and pavement restoration. Work
in abandoning manholes include, but are not limited
up and offsite removal of pavement and up to the
h
top three feet of manhole, excavation, filling te
sewer pipe
remain or
that are b
manholes t
portions o
materials
grout and
activities
to, break
minimum
L>;s diiG SAN1IARC: SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
J.
remaining portion of the manhole with granular fill, backfill
and compaction, and pavement restoration.
CLEARING, GRUBBING AND TURF REPLACEMENT
Payment will be based on a 30 -foot wide clearing, grubbing and
turfing area along the centerline of the pipe through unimproved
areas such as lawns, fields, or woods. Such payment shall
include all labor, equipment, turfing operation, protection of
existing trees to remain, removal of trees and other vegetation,
topsoil stripping and stockpiling, removal of stumps, roots and
other debris protruding above ground, filling of depressions
caused by clearing and grubbing, and disposal of materials to
complete the work operation as defined in the Specifications. No
payment shall be made for clearing, grubbing, and turfing
outside the specified pay limits.
ALTERNATE BIDDING ADDER
Alternate Bidding Adder includes all the Work between Stations
72+45.41 and 84+57.49 as shown in Drawing No. SS -008. Payment
for this item will be based on definitions and completed work as
described in the applicable Items A through I above.
nrn CnVM
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
5. BIDDER agrees that the Work under Total Base Bid will be
substantially complete within 300 calendar days (240 calendar
days for Work under Items A through I in Unit Price Schedule)
after the date when the Contract Time commences to run as
provided in Paragraph 2.3 o the General Conditions, and
completed and ready for final payment in accordance with
Paragraph 14.13 of the General Conditions within 330 calendar
days (270 calendar days for Work under Items A through I in Unit
Price Schedule),..after the date when the Contract Time 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
ci.mes specified in the Agreement.
6. The name and address of the surety company that will execute
performance and payment bonds shall be entered in the spaces
provided below. Failure to furnish the information requested
may be cause for rejection of Bid.
IMPORTANT - Surety companies executing BONDS must appear on the
Treasury Department's most current list (Circular 570 as
amended) and be authorized to transact business in Missouri.
Name of Surety: FIREMAN'S FUND INSURANCE COMPANY
Address: P.O. BOX 419060 - 727 CRAIG ROAD
ST. LOUIS, MO 63141 - 9522
7. The following documents are attached to and made a condition of
this Bid:
(a) Required Bid Security in the form of 5% )91,080N0
(b` Required BIDDER's Qualification Statement with supporting
data indicated by "Statement of Bidders Qualifications".
(c) EPA Region VII Minority and Women's Business Enterprise
Utilization Worksheet
(d) Certification regarding Debarment, Suspension and Other
Responsibility Matters.
C
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
STATEMENT OF BIDDERS QUALIFICATIONS
Each Bidder for the Work included in the Contract Documents shall
submit with their Bid the data requested in the following schedule of
information. This data must be included in and made a part of each
Bid and be contained in the sealed envelope. Failure to comply with
this instruction may be regarded as justification_ for rejecting the
Bidder's proposal. ,
(1) NAME OF BIDDER: MID -AMERICA SERVICES. INC.
(2) BUSINESS ADDRESS: 3624 UNION SCHOOL ROAD - P.O. BOX 325
(3) WHEN ORGANIZED:
CHESTER, IL 62233
1986 (3A) WHERE INCORPORATED: IL
(4) IF NOT INCORPORATED, STATE TYPE OF BUSINESS AND PROVIDE YOUR
FEDERAL TAX IDENTIFICATION NUMBER: NA
(5) Number of years engaged in contracting business under present
firm name:
14 YEARS
(6) If you have done business under a different name, please give
name and location:
NO
(7) Have you ever failed to complete any work awarded to your
Company? If so, where and why?:
NO
(8) Have you ever defaulted on a Contract? NO
(9) List of Contracts completed within last four years, including
value of each:
MURPHYSBORO SEWER REHABILITATION $_1�9nnn
STEELEVILLE - EGYPTIAN WATER
DISTRIBUTION SYSTEM & BOOSTER PUMP $1 450 000
ROYAL LAKES SANITARY SEWER SYSTEM $ 910,000
CARBONDALE - MILL ST. -UNDERPASS $1,400,000
CARBONDALE - CHARLES ROAD $ 470,000
RTP) FORM
I
•
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
(10) List of Projects currently in progress (*):
1. CHESTER TERMINAL PUMP STATION & PUMP STATION #6
2. MURPHYSBORO SANITARY PUMP STATION #1
3. CAIRO WATER PUMP STATION
4. CARBONDALE NORTHWEST WASTEWATER TREATMENT PLANT
5. MENARD CORRECTIONAL CENTER
BAR SCREEN AND SEWER REPLACEMENT
(11) Anticipated Percent of sewer installation, for this project
using:
Open Cut 10o
Microtunneling _
Uncased Boring
LESS CASrA Bole
* Attach additional sheets as necessary *
C5332800 SANITARY SEWER IMPROVE" -?ENS' PROGRAM^^
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
EPA REGION VII
MINORITY AND WOMEN=S BUSINESS ENTERPRISE UTILIZATION WORKSHEET
Grant Applicant e ITY of C'AP-t� 6 '2A24cA�
Project No. St -040U, i2EuEjl-,� SEk/E/L
Contractor/Engineer Sv�2� yup ( ,y,�- //►�►�-Ati'►E/L►(r# S.�G�.cti,i�u�
Address C 1-I65;TF2 11'6zT,3?
Contact Person F2AZ&,t Telephone No. wig-b24••LF��1
Amount of Contract 2.z M MBE Percentage WEE Percentage
MBE Subcontractor
WEE Address
Contact Person. Telephone No.
Amounc of Subcontract
Scope of work
2. MBE Subcontractor
WEE Address
3
4
Contact Person
Amount of Subcontract
Scope of Work
Telephone No.
MBE Subcontractor
WEE Address
Contact Person Telephone No.
Amount of Subcontract
Scope of Work
MEE Subcontractor
WEE Address
Contact Person Telephone No.
Amount of Subcontract
Scope of Work
Comments wE N AJG N07 12ECc 1y6A Ao,� at2orc-� bt�'
A I'- `fin L-- of din
-07
Date
Prepared By Te ep one No.
EPA Project Control Number
NXEPA
UNITED STATES E.NviRONMENTAL PROTECTION AGENCY
Washington, DC 20460
Certification Regarding
Debarment, Suspension, and Other Responsibility Matters
The prospective participant certifies to the best of is knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency:
(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of federal or State antitrust statutes or commission of embezzlement,
theft, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,
State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this
certification; and
(d) Have not within a three year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default
I understand that a false statement on this certification may be grounds for rejection of this proposal or
termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up
to $10,000 or imprisonment for up to 5 years, or both.
BRETT A. FRAZER PRESIDENT
Typed ,tame & Tide of Authorized Representative
I am unable to certify to the above statements. My explanation is attached.
EPA form 5700-49 (l 143)
nn Inn_,.,
11-28-00
Instructions
Under Executive Order 12549, an individual or organization debarred or excluded from
participation in Federal assistance or benefit programs may not receive any assistance a'Nard
under a Federal program, or a subagreement thereunder for 525,000 or more.
Accordingly, each prospective recipient of an EPA grant, loan, or cooperative agreement and any
contract or subagreement participant thereunder must complete the attached certification or
provide an explanation why they cannot. For further details, see 40 CFR 32.510, Participants'
responsibilities, in the attached regulation.
Where To Submit
The prospective EPA grant, loan, or cooperative agreement recipient must return the signed
certification or explanation with its application to the appropriate EPA Headquarters or Regional
office, as required in the application instructions.
A prospective prime contractor must submit a completed certincation or explanation to the
individual or organization awarding the contract.
Each prospective subcontractor must submit a completed certification or explanation to the prime
contractor for the project.
How To Obtain Forms:
EPA includes the certification form, instructions, and a copy of its implementing regulation (40 CFR
Pan: 32) in each application kit Applicants may reproduce these materials as needed and provide
them to their prospective prime contractor, who, in turn, may reproduce and provide them to
prospective subcontractors.
Additional copies/assistance may be requested from:
Compliance Branch
Grants Administration Division (PM -216F)
U. S. Environmental Protection Agency
401 M Stfeet, SW
Washington, DC 20460
(Telephone: 2021475-8025)
EPA Form 5700-49 (11-88)
00300-14
C5332800 SANITARY SEWER IMPROVEMENT PROGRAM
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
5. Communications concerning this Bid shall be addressed to:
MID -AMERICA SERVICES, INC.
P.O. BOX 325
CHESTER, IL 62233
6. Terms used in this Bid which are defined in the General
Conditions or Instructions will have the meanings indicated in
the General Conditions or Instructions.
SUBMITTED on NOV. 28 , 20 00
If BIDDER is:
AN INDIVIDUAL
By(SEAL) SEAL )
(Individual's Name)
doing business as
Business Address:
Phone No.:
A PARTNERSHIP
By
Firm Name
(General Partner)
Business address:
Phone No.:
(SEAL)
C5332800 SANITARY SEWER IMPROVEMENT PROGF.Aih
SLOAN RELIEF SEWER
CITY OF CAPE GIRARDEAU
A CORPORATION
By MID -AMERICA SERVICES, INC. ,(SEAL,) ,
(Corporation Name)
ILLINOIS
(State of Incorporation)
By BRETT A. FRAZER
(Name of Person Authorized to S-ign)
PRESIDENT
(Title)
(Corporate Seal)
(S EA -L)
Attest BRENDA S. FRAZER ``•f �'
(Secretary) _ •`,•'
Business Address: 3624 UNION SCHOOL ROAD - P.Oz'1:C 325
CHESTER, IL 62233
Phone No.: 618-826-2854
A JOINT VENTURE
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications
(Each joint venturer must sign. The manner of signing for each
individual, partnership and corporation that is a party to the
joint venture should be in the manner indicated above).
c333:400 \ SRS -VI -00300 00300-16 BID FORM
THE AMERICAN INSTITUTE OF ARCHITECTS
Bid Bond
BOND # FF550
KNOW ALL MEN BY THESE PRESENTS, that we
MID -AMERICA SERVICES, INC.
P.O. BOX 325 CHESTER, IL 62233
(Here insert full name ,and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
NATIONAL SURETY CORPORATION
727 CRAIG ROAD ST. LOUIS, MO 63141
a corporation duly organized under the laws of the State of ILLINOIS as Surety, hereinafter called the Surety, are held and firmly bound
unto CITY OF CAPE GIRARDEAU
401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63701
(Here insert full name .and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid -Dollars ($ 5%), for the payment of
which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Sloan Relief Sewer, Sanitary Sewer Improvement Program
�' (Here insert full name, address and description of project)
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 P Ai ipal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger &A6iint .
which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obh'gatj6n s}t� pi -null
and void, otherwise to remain in full force and effect.
Signed and sealed this 28th day of November, 2000.
'k
(Witness)
( itness)
MID -AMERICA SERVICES, INC.
(Pri al) (Seal) ' '
(Title)
NATIONAL SURETY CORPORATION
(Sur ax_-' � (Seal) -
CAROL D. ERWINE, Attorney -in -Fact
AIA DOCUMENT A310 BID BOND AIA ak) FEBRUARY 1970 ED THE AMERICAN
INSTITIT 'E OF ARCHITECTS, 1735 N.Y. AVE.. N.W. WASHINGTON. D.C. 20006 I
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,
an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the
Companies') does each hereby appoint Ralph L. McQuiggan, Charles R. McQuiggan, T. L. Simmons, and Carol D. Erwine,
Edwardsville, IL
their true and lawful Attomey(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof------------------------------------------------------------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly
attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY
CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full force and effect
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE
COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of Manch, 1995, and said Resolution has not been
amended or repealed:
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the
Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by
facsimile. and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Companies."
IN WHEREOF, the E�oompv�rties have caused th presents to be signed by their Vice -President, and their corporate seals to be hereunto affixed
this day of UCtUner 925
ataarr �jo.N's WER y �" � w. FIREMAN'S FUND INSURANCE COMPANY
! �...., .�e tt, f..... qa �?.�•"'O t+;s ti�dt_-Fi NATIONAL SURETY CORPORATION
�`' • • _ �'' THE AMERICAN INSURANCE COMPANY
arrca,aroSEAL' > ASSOCIATED INDEMNITY CORPORATION
6�,. : g MG �e �2 s 5`•. ._ i;��` AMERICAN AUTOMOBILE INSURANCE COMPANY
'Y� ` •....•...• NCE C0GRAkCE•COV��
By
STATE OF CALIFORNIA vie -P-Wnt
ss.
COUNTY OF MARIN
On this 21 day of ` October 1998 , before me personally came M. A. Mallonee to me known, who, being by me
duly sworn, did depose and say: that he is a Vice -President of each company, described in and which executed the above instrument; that he knows the seals of the said
affixed Companies; that the seals axed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he
signed his name thereto by like order.
IN WETNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
i
6WCoML OCAMPO
M.bVkL1SNoy2B.20O1
Commission # 1163726
Notary Public - Colifomia
Marin County Notary Public
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF M, I
ss.
1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked, and furthermore that Article VII of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney,
are now in force.
Signed and sealed at the County of Marin. Dated the 28th day of November , 2000
Ty
(``•01CA
tarsari a.,aro• •` Resident Assistant Secretary
MAMA VAR
R
STATE OF . ILLINOIS
COUNTY OF MADISON
On November 28,2000 before me, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn,
personally appeared CAROL D. ERWINE know to me to be the
Attorney -In -Fact of National Surety Corporation
the corporation described in and that she executed the within and
foregoing instrument, and know to me to be the person who executed
the said instrument in behalf of the said corporation, and she duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year stated in the certificate above.
My Commission Expires: 5/20/03
Notary P lic
"OFFICIAL SEAL"
SHERRY A. SIMMONS
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 5/70/Z003
November 28, 2000
MID -AMERICA SERVICES, INC.
3624 Union School Rd. • P.O. Box 325
Chester, Illinois 62233
City of Cape Girardeau
City Hall
401 Independence Street
Cape Girardeau, MO 63701
Attn: Mark Lester
City Engineer
Ref: Sloan Relief Sewer
Sanitary Sewer Improvement Program
City of Cape Girardeau, Missouri
Dear Mr. Lester:
PH. (618) 826-2854
FAX (618) 826-3586
Pursuant to section 3.1 of Qualifications of Bidders please accept this as our convenant to obtain authority
to do business in Missouri prior to award of the contract if we are low bidder. Mid-America Services, Inc.
has completed an Application for Certificate of Authority for a Foreign For -Profit Corporation and we are
in the process of receiving our Certificate of Good Standing/Existence from the Office of the Illinois
Secretary of State.
All of the above is being expedited quickly and proof of obtaining these documents will be submitted
within five days after bid opening.
Thank you very much for your cooperation in this matter.
Repectfully submitted,
MID -AMERICA SERVICES, INC.
Brett Frazer
President
BF/mae
CHANGE ORDER
t (Instructions on reverse side) No. SC -01
PROJECT Sloan Relief Sewer
DATE OF ISSUANCE EFFECTIVE DATE
OWNER City of Cape Girardeau Missouri
OWNER's Contract No. 3526 Sloan Relief Sewer
CONTRACTOR Mid-America Services, Inc. ENGINEER Sverdrup Civil, Inc.
You are directed to make the following changes in the Contract Documents:
Description: Increase the Contract Price and Contract Time for Rock Excavation in accordance with the attached Work
Change Directive No. SC -01. Modify the Contract Documents to incorporate the no -cost change set forth in the attached
Field Order No. SC -01.
Reason for Change Order: Add appropriate quantities of Rock Excavation to reflect actual quantities of work performed
and additional time required under the terms of the contract.
Attachments: Work Change Directive No. SC -01 and Field Order No. SC-01�
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMv E
Original Contract Price Original Contract Times
Substantial Completion: November 1, 2001
$ 1905 815.00 _ Ready for final payment: December 1 2001
days or dates
Net changes from previous Change Orders No. = to No. = Net change from previous Change Orders No.= to No.
$ -0- -0-
days
Contract Price prior to this Change Order Contract Times prior to this Change Order
Substantial Completion: November 1, 2001
$ 1,905,815.00 Ready for final payment: December 1, 2001
days or dates
Net Increase () of this Change Order Net Increase () of this Change Order
$ 44 153.73 Twenty-one (21) Calendar days
days
Contract Price with all approved Change Orders Contract Times with all approved Change Orders
Substantial Completion: November 22 2001
$ 1,949,968.73 Ready for final payment: December 22, 2001
days or dates
RECOMMENDED: APPROVE ACCEPTED:
BY:C BY:A40;/�Cj
-r
En ineer (Authorized Signature) Owner Michael G. Miller, City Manager Contractor (Authorized Signatuf
Date:/7Z1 71 DI Date: �� ��a 2 Date:,/2-
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America C3328 -12.42a
CHANGE ORDER
(instructions on reverse side) No. SC -01
PROJECT Sloan Relief Sewer
DATE OF ISSUANCE EFFECTIVE DATE
OWNER City of Cape Girardeau Missouri
OWNER's Contract No. 3526 Sloan Relief Sewer
CONTRACTOR Mid-America Services, Inc. ENGINEER Sverdrup Civil, Inc.
You are directed to make the following changes in the Contract Documents:
Description: Increase the Contract Price and Contract Time for Rock Excavation in accordance with the attached Work
Change Directive No. SC -01. Modify the Contract Documents to incorporate the no -cost change set forth in the attached
Field Order No. SC -01. -
Reason for Change Order: Add appropriate quantities of Rock Excavation to reflect actual quantities of work performed
and additional time required under the terms of the contract.
Attachments: Work Change Directive No. SC -01 and Field Order No. SC -01
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times
Substantial Completion: November 1 2001
$ 1905 815.00 Ready for final payment: December 1, 2001
days or dates
Net changes from previous Change Orders No. = to No. = Net change from previous Change Orders No.= to No.
$ -0- days
Contract Price prior to this Change Order Contract Times prior to this Change Order
Substantial Completion: November 1 2001
$ 1,905,815.00 Ready for final payment: December 1 2001
days or dates
Net Increase () of this Change Order Net Increase of this Change Order
$ 44 153.73 Twenty-one (21) Calendar days
days
Contract Price with all approved Change Orders Contract Times with all approved Change Orders
Substantial Completion: November 22, 2001
$
1,949,968.73 Ready for final payment: December 22 2001
days or dates
RECOMMENDED: OVED- ACCEPTED:
BY;!, // -� � B
Engineer (Authorized Signature) er Michael G. Mille Ci Contractor (Authorized Siknatur
Date: IV/Z/01 Date: ' D U' Date:
11
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America C3328 -12.42a
R. s4
CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into
a subsequent Change Order if they affect Contract Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating change order items to reduce the administrative burden may lead to unnecessary
disputes.
If Milestones have been listed any effect of a Change Order thereon should be addressed.
For supplernXital instructions and minor changes not involving a change in the Contract Price or Contract Times,
a Field Order may be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer initiates the form, including a description of the changes involved and attachments based upon
documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After
approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of
executed copies after approval by Owner.
If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not
apply.
STATE OF MISSOURI
DEPARTMENT
March 6, 2003
Boh Holden, Governor • Stephen ,Nf. Mahlbod. Director
OF NATURAL RESOURCES
www dnnstate.mo.us
John Ramsey
Jacobs Civil, Inc.
501 North Broadway -
St. Louis, MO 63102-2121
RE: C295229-02, Cape Girardeau, Missouri
Change Order Number SC -02 for the Sloan Relief Sewer Improvement
Dear Mr. Ramsey:
Enclosed is approved Change Order Number 2 for the Sloan Relief Sewer Improvement. Change Order
Number 2 decreases the eligible cost of construction by $25,151.91 and increases the construction time by
60 days.
Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice
refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs
may result in the disallowance of project costs should the project be audited after project closeout.
Financial assistance on this project is limited to the amount of the loan and cannot be increased.
This change order is for your official project records and should be maintained on file for a minimum of
four (4) years following the completion of disbursement. This date may be found in the financing
documents of your loan agreement.
Sincerely,
WATER POLLUTION CONTROL PROGRAM
Patricia Pride
Project Review Engineer
PP:lsm
Enclosure
c: Southeast Regional Office
Doug Garrett, Financial Services Section
Mark Lester, P.E., City Engineer
John Bennett, Jacobs Ciin'tegity and excellence in all we do
co
RECYCLED PAVER
f'''a,-af.. is ..• �.+�
CHANGE ORDER
(Instructions on reverse side) No. SC -02 (FINAL)
PROJECT Sloan Relief Sewer
DATE OF ISSUANCE EFFECTIVE DATE
OWNER Cily of Cape Girardeau Missouri
OWNER'S Contract No. 3526 Sloan Relief Sewer
f
CONTRACTOR Mid-America Services. Inc. ENGINEER Sverdrup Civil,.Inc.
You are directed to make the following changes in the Contract Documents:
Description: Decrease the Contract Price in accordance with the attached List of Additions and Deletions to adjust all unit
price items to final as constructed quantities. Increase the Contract Time in accordance with the attached Work Change
Directive No. SC -02. Modify the Contract Documents to incorporate the no -cost change set forth in the attached Field Order
No. SC -01.
Reason for Change Order: Add and/or delete appropriate quantities for each Bid Item to reflect actual quantities of work
performed and additional time required under the terms of the contract.
Attachments: List of Additions and Deletions, Work Change Directive No. SC -02 and Field Order No. SC -02.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times
Substantial Completion: November 1, 2001
$ 1905 815.00 Ready for final payment: December 1, 2001
days or dates
Net changes from previous Change Orders No. = to No. SC -01 Net change from previous Change Orders No.= to No. SC -01
$ + 44 153.73 Increase Twenty -One (21) Calendar days
days
Contract Price prior to this Change Order Contract Times prior to this Change Order
Substantial Completion: November 22, 2001
$ 1,949,968.73 Ready for final payment: December 22, 2001
days or dates
Net Decrease of this Change Order Net Increase (deeseeoo) of this Change Order
$ (25151901 Sixty (60) Calendar days
days
Contract Price with all approved Change Orders Contract Times with all approved Change Orders
Substantial Completion: January 19 2002
$ 1,8-
,9241683 Ready for final payment: February 20 2002
days or dates
RECOMMENDED: APPROV ACCEPTED:
BY:
Engineer (Authorized Signature) 17
Date:1���3 0 /0'Z
Owner Michael G. Miller, City Manager
Date: I / 3l (6?
BY: &'��
Contractor (Authorized Signature)
Date: J Q0
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America C3328 -12.42d
4•
ATTACHMENT 1
CHANGE ORDER NO. SC -02 (FINAL)
TO CONTRACT NO. 3526
SLOAN RELIEF SEWER PROJECT
CAPE GIRARDEAU SANITARY SEWER IMPROVEMENT PROGRAM
LIST OF ADDITIONS AND DELETIONS
The following changes are hereby made to the Contract Documents:
ADD: AMOUNT
A. One (1) each Standard Manhole at the Contract Unit Price for
Bid Item B.2.a. + $ 8,000.00
B. One (1) each Outside Drop Manhole at the Contract Unit Price + $ 10,000.00
for Bid Item B.2.b.
C. One (1) each Standard Manhole at the Contract Unit Price for + $ 11,000.00
Bid Item B.3.a.
D. Approximately 9.50 LF of 8 -inch Gravity Sewer Pipe at the + $ 760.00
Contract Unit Price for Bid Item C.l or $80 per LF.
E. Approximately 51.64 LF of 10 -inch Gravity Sewer Pipe at + $ 5,164.00
the Contract Unit Price for Bid Item C.2 or $100 per LF.
F. Approximately 2.65 LF of 15 -inch Gravity Sewer Pipe at the + $ 397.50
Contract Unit Price for Bid Item CA or $150 per LF.
G. Approximately 7.82 LF of 18 -inch Gravity Sewer Pipe at the + $ 1,329.40
Contract Unit Price for Bid Item C.5 or $170 per LF.
H. Approximately 4.65 LF of 21 -inch Gravity Sewer Pipe at the + $ 837.00
Contract Unit Price for Bid Item C.6 or $180 per LF.
I. Approximately 203.76 SY of Asphaltic Concrete Pavement (ACP) + $ 8,150.40
at the Contract Unit Price for Bid Item G.1 or $40 per SY.
DEDUCT:
J. Two (2) Outside Drop Manholes at the Contract Unit Price for
Bid Item B.l.b or $9,000.00 each. - $ 18,000.00
K. One (1) Standard Manhole at the Contract Unit Price for Bid
Item B.2.b or $9,000.00 each. - $ 9,000.00
03328-12.42c
CHANGE ORDER NO. CS -02
LIST OF ADDITIONS AND DELETIONS
PAGE 2
L. Approximately 3.79 LF of 12 -inch Gravity Sewer Pipe at the
Contract Unit Price for Bid Item C.3 or $120 per LF. - $ 454.80
M. Approximately 8.35 LF of 24 -inch Gravity Sewer Pipe at the
Contract Unit Price for Bid Item C.7 or $300 per LF. - $ 2,505.00
N. Approximately 358.90 CY of Granular Backfill at the Contract
Unit Price for Bid Item F or $20 per CY. - $ 7,178.00
O. Bid Item E, Type "A" Lateral Reconnection at the Contract
- $ 2,000.00
Price.
P. Bid Item E, Type `B" Lateral Reconnections at the Contract
Unit Price for two (2) each at $2,000.00 per each. - $ 4,000.00
Q. Approximately 60.54 SY of Portland Cement Concrete Pavement
at the Contract Unit Price for Bid Item G.2 or $60 per CY. - $ 3,632.40
R. Bid Item H. La for twenty-six (26) each 8" through 12"Pipe Plugs
at the Contract Unit Price of $500 per each. - $ 13,000.00
S. Bid Item H.l .b for two (2) each 15" through 18" Pipe Plugs at
the Contract Unit Price of $600 per each. - $ 1,200.00
T. Approximately 460 LF of Pipe Abandonment with Fly Ash
Slurry at the Contract Unit Price for Bid Item H.2 or $17 per
Lineal Foot. - $ 7,820.00
U. Bid Item H.3, Manhole Abandonment for two (2) each manholes
at the Contract Unit Price of $1,000.00 per each. - $ 2 000.00
TOTAL DECREASE IN CONTRACT PRICE: - S 25,15f 90
Note: Also attached is Field Order No. SC -02 that details changes to the Contract Documents that do
not involve a change in the Contract Price or Contract Times.
C3328 -12.42c
WORK CHANGE DIRECTIVE
(Instructions on reverse side)
PROJECT: C13328 Sloan Relief Sewer
Sanitary Sewer Improvement Program
ATE OF ISSUANCE• December 21, 2001
OWNER:. City of Cape Girardeau, Missouri
OWNER's Contract No.: 3526, Sloan Relief Sewer
No. SC -02
EFFECTIVE DATE: December 21, 2001
ENGINEER: Sverdrup Civil, Inc.
CONTRACTOR: Mid-America Services, Inc.
You are directed to proceed promptly with the following change(s):
Description: Increase the Contract Time by Sixty (60) calendar days due to the excusable delay caused by a defective pump
controller at New Lift Station No. 1. This Work Change Directive will subsequently be submitted as part of an appropriate Change
Order to be approved by the City, Contractor, Engineer and Missouri Department of Natural Resources.
Purpose of Work Change Directive: Extend the contract time to allow the Contractor adequate time to complete sanitary sewer
connections to the new Sloan Relief Sewer that drains by gravity to New Lift Station No. 1. Acceptance and operation of Lift Station
No. 1 tinder separate construction contract is required before sanitary sewer flow can be diverted to the new Sloan Relief Sewer.
Attachments: Attachment #1 -Engineer's Letter No. C13328-1894 dated December 19, 2001 and Attachment #2 -Contractor's request
for time extension with revised schedule attached.
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change
Order based thereon will involve one or more of the following methods of determining the effect of the change(s).
Method of determining change in
Contract Price:
❑ Unit Prices
❑ Lump Sum
❑ Other N/A
Estimated increase () in Contract Price:
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
RECOMMENDED:
Sverdrup Civil Inc.
ENGINEER
Method of determining change in
Contract Times:
j$( Contractor's records
(� Engineer's records
❑ Other
Estimated increase () in Contract Times:
Substantial Completion: 60 days;
Ready for final payment: 60 days.
If the change involves an increase, the estimated
times are not to be exceeded without further
authorization. Final Completion: February 20, 200T,
AUTHORIZED:
City of Cape Girardeau
OWNER
By:�c�fm— rpt . ( By' (A
_ uthorized Signature)
(Authorized Signature) '
C3328-I2.34d
EJCDC No. 1910-8-F (1990 Edition)
Committee and endorsed by The Associated General Contractors of America.
Prepared by the Engineers Joint Contract Documents
Sverdrup Civil, Inc. 314 436.7600
V t !! `, 13723 Riverport Drive
Maryland Heights, Missouri 63043
December 19, 2001
Letter No.: C13328-1894
HAND DELIVERED
Brett A. Frazer, President
MID -AMERICA SERVICES, INC.
P.O. Box 325
Chester, IL 62233
Subject: Sloan Relief Sewer — Contract Completion Date
Sanitary Sewer Improvement Program
Cape Girardeau, Missouri
Dear Mr. Frazer:
On December 12, 2001, the new Lift Station No. 1 was scheduled to be placed
into service in Cape Girardeau. As you know, this Lift Station will be receiving
Sanitary Sewer flow from the new Sloan Relief Sewer that your company -is currently
constructing. Due to a defective pump controller, Lift Station No. 1 will not be ready
for service until January 2, 2002 or thereabout. This will affect the item of work shown
on your schedule as "TIE-INS", because sewer now cannot be diverted to the new
Sloan Relief Sewer until Lift Station No. 1 is fully operational and accepted by the City.
On December 18, 2001, City Engineer, Mark Lester and I reviewed the Project
Schedules of the Sloan Relief Sewer and the Lift Stations and Force Main. Considering
the delay caused by the defective pump controller, Mark is willing to recommend an
extension of contract time for the Sloan Relief Sewer Project. This extension will be
conditioned on completing the remaining items of work within the allotted times shown
on your previous schedule. Please revise your schedule to show the item "TIE-INS"
starting on January 2, 2002, and submit it along with a written request for extension of
contract time to my attention on or before December 21, 2001.
It is very important that I receive this information by December 21, 2001, since
Work Change Directive No. SC -01 established Contract Final Completion on December
22, 2001. If you should have any questions or need further clarifications, please do not
hesitate to contact me.
03329-12.436
Brett A. Frazer
December 19, 2001
Letter No. C 13328-1894
Page 2
Very truly yours,
SVERDRUP CIVIL, INC.
34,1- /e- /��
John R. Bennett
Resident Project Representative
JRB/dsc
c: Darrel Eggemeyer
Mark A Lester
P.K. Mathai
Marty Platz
Rich Vedder
MID -AMERICA SERVICES, INC.
3624 Union School Rd. • P.O. Box 325
Chester, Illinois 62233
December 19, 2001
Sverdrup Civil, Inc.
Attn: John Bennett
P.O. Box 1604
Cape Girardeau, MO 63702-1604
RE: 2173 — Cape Girardeau, MO — Sloan Relief Sewer
Mr. Bennett:
Attached is a revised schedule for the Sloan Relief Sewer project.
PH. (618) 826-2854
FAX (618) 826-3586
The "tie-ins" from the existing sewer into the new sewer main can be started after
January 2, 2002, when lift station #1 is operational.
To complete the remaining items of this work, Mid-America Services, Inc. is requesting
an extension of time to February 22, 2002.
Sincerely,
Mid-America Services, Inc.
9"Id'1�7
Brett A. Frazer,
President
J� fSY��4RuP
FiEt,� OFFIcE
C 33a8 - IA-�-3
2173 - SLOAN RELIEF SEWER - CAPE GIRARDEAU
BAR SCHEDULE
NOTE: WEATHER, RIVER STAGE AND ROCK ARE NOT REFLECTED IN SCHEDULE.
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a
FIELD ORDER
FIELD ORDER NO: SC -02
PROJECT NO: C13328
DATE: August 23, 2001
This form is to be used only for emergency instructions to a contractor where the time required for preparation and execution of a
formal Change Order would result in delay or stoppage of the work, in accordance with Articles 1.19 and 9.5 of the General
Conditions of the Contract.
PROJECT: Sloan Relief Sewer
Cape Girardeau Sanitary Sewer Improvement Program
TO CONTRACTOR: Mid-America Services, Inc. CONTRACT DATE: February 22, 2001
You are hereby authorized to make the following changes in your contract for the above project:
Raise the top elevation of Manhole No. SS -A13 to elevation 349.13 (+/-) ft. and change the slope of
the 8 -inch gravity sewer from SSMH-D1 to SSMH-A13 as indicated on the attached revised profile
(contract drawing no. SS -004). This change will extend the vertical height of outside drop by 3.00 ft. and
the new grade of the 8 -inch sewer shall be 7.21%. The final grade of earth fill around Manhole No. SS -
A13 shall be filled to the approximate elevations and slopes indicated on the attached drawing after the
existing gravity sewer is abandoned. Surface drainage structures and grading shown on the attached
revised drawing will be constructed after the new sewer is completed, tested and accepted by the Owner.
The Owner will consider proposals for additional work per Request for Proposal No. SC -01.
The cost of this change will be adjusted on a unit price basis after final confirmation of as -built
quantities and the acceptance of an appropriate change order.
The foregoing field order is issued in accordance with Section 9.5 of the Contract and does not involve an
adjustment in the contract price or the contract times and is compatible with the design concept of the
completed project as a functioning whole as indicated by the contract documents.
x/o.
FU,T11E ENGINEER FdUm CITY OF CAPE GIRARDEAU FOR THE CONTRACT R
DISTRIBUTION: City of Cape Girardeau
Engineer
Contractor
Inspector
C3328-12.33c.doc
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CHANGE ORDER
(Instructions on reverse side) No. SC -02 (FINAL)
PROJECT Sloan Relief Sewer
DATE OF ISSUANCE EFFECTIVE DATE
OWNER Ci of Ca a Girardeau Missouri
OWNER'S Contract No. 3526 Sloan Relief Sewer
CONTRACTOR Mid-America Services Inc. ENGINEER Sverdrup Civil Inc.
You are directed to make the following changes in the Contract Documents:
Description: Decrease the Contract Price in accordance with the attached List of Additions and Deletions to adjust all unit
price items to final as constructed quantities. Increase the Contract Time in accordance with the attached Work Change
Directive No. SC -02. Modify the Contract Documents to incorporate the no -cost change set forth in the attached Field Order
No. SC -01.
Reason for Change Order: Add and/or delete appropriate quantities for each Bid Item to reflect actual quantities of work
performed and additional time required under the terms of the contract.
Attachments: List of Additions and Deletions, Work Change Directive No. SC -02 and Field Order No. SC -02.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times
Substantial Completion: November 1 2001
$ 1'905'g5.00 Ready for final payment: December 1 2001
days or dates
Net changes from previous Change Orders No..: to No. SC -01 Net change from previous Change Orders No.= to No. SC -01
$ + 44153.73 Increase Twenty -One (21) Calendar days
days
Contract Price prior to this Change Order Contract Times prior to this Change Order
Substantial Completion: November 22 2001
$ 1,949,968.73 Ready for final payment: December 22 2001
days or dates
Net Decrease of this Change Order Net Increase (deereese) of this Change Order
Sixty (601 Calend
$ (25,151-90) ar days
days
Contract Price with all approved Change Orders Contract Times with all approved Change Orders
Substantial Completion: January 19 2002
$ 1,924,816.83 Ready for final payment: February 20 2002
days or dates
RECOMMENDED: APPROVED: ACCEPTED:
BY:,BY:
Engineer (Authorized Signature) weer Michael G�millr, ,C Manager Contractor (Authorized Signature)
Date: Id 1,30/6a Date: v Date: e`3
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America C3328 -12.42d
C
ATTACHMENT 1
CHANGE ORDER NO. SC -02 (FINAL)
TO CONTRACT NO. 3526
SLOAN RELIEF SEWER PROJECT
CAPE GIRARDEAU SANITARY SEWER IMPROVEMENT PROGRAM
LIST OF ADDITIONS AND DELETIONS
The following changes are hereby made to the Contract Documents:
ADD: AMOUNT
A. One (1) each Standard Manhole at the Contract Unit Price for
Bid Item B.2.a. + $ 8,000.00
B. One (1) each Outside Drop Manhole at the Contract Unit Price
for Bid Item B.2.b. + $ 10,000.00
C. One (1) each Standard Manhole at the Contract Unit Price for
Bid Item B.3.a. + $ 11,000.00
D. Approximately 9.50 LF of 8 -inch Gravity Sewer Pipe at the
Contract Unit Price for Bid Item C.1 or $80 per LF. + $ 760.00
E. Approximately 51.64 LF of 10 -inch Gravity Sewer Pipe at
the Contract Unit Price for Bid Item C.2 or $100 per LF. + $ 5,164.00
F. Approximately 2.65 LF of 15 -inch Gravity Sewer Pipe at the
Contract Unit Price for Bid Item CA or $150 per LF. + $ 397.50
G. Approximately 7.82 LF of 18 -inch Gravity Sewer Pipe at the
Contract Unit Price for Bid Item C.5 or $170 per LF. + $ 1,329.40
H. Approximately 4.65 LF of 21 -inch Gravity Sewer Pipe at the
Contract Unit Price for Bid Item C.6 or $180 per LF. + $ 837.00
I. Approximately 203.76 SY of Asphaltic Concrete Pavement (ACP)
at the Contract Unit Price for Bid Item G.1 or $40 per SY. + $ 8,150.40
DEDUCT:
J. Two (2) Outside Drop Manholes at the Contract Unit Price for
Bid Item B.1.b or $9,000.00 each. - $ 18,000.00
K. One (1) Standard Manhole at the Contract Unit Price for Bid
Item B.2.b or $9,000.00 each. - $ 9,000.00
03328-12.42c
CHANGE ORDER NO. CS -02
LIST OF ADDITIONS AND DELETIONS
PAGE 2
L. Approximately 3.79 LF of 12 -inch Gravity Sewer Pipe at the
Contract Unit Price for Bid Item C.3 or $120 per LF. - $ 454.80
M. Approximately 8.35 LF of 24 -inch Gravity Sewer Pipe at the
Contract Unit Price for Bid Item C.7 or $300 per LF. - $ 2,505.00
N. Approximately 358.90 CY of Granular Backfill at the Contract
Unit Price for Bid Item F or $20 per CY. - $ 7,178.00
O. Bid Item E, Type "A" Lateral Reconnection at the Contract
- $ 2,000.00
Price.
P. Bid Item E, Type `B" Lateral Reconnections at the Contract
Unit Price for two (2) each at $2,000.00 per each. - $ 4,000.00
Q. Approximately 60.54 SY of Portland Cement Concrete Pavement
at the Contract Unit Price for Bid Item G.2 or $60 per CY. - $ 3,632.40
R. Bid Item H. La for twenty-six (26) each 8" through 12"Pipe Plugs
at the Contract Unit Price of $500 per each. - $ 13,000.00
S. Bid Item H. Lb for two (2) each 15" through 18" Pipe Plugs at
the Contract Unit Price of $600 per each. - $ 1,200.00
T. Approximately 460 LF of Pipe Abandonment with Fly Ash
Slurry at the Contract Unit Price for Bid Item H.2 or $17 per
Lineal Foot. - $ 7,820.00
U. Bid Item H.3, Manhole Abandonment for two (2) each manholes
at the Contract Unit Price of $1,000.00 per each. :_$ 2,000.00
TOTAL DECREASE IN CONTRACT PRICE: - S 25,151.90
Note: Also attached is Field Order No. SC -02 that details changes to the Contract Documents that do
not involve a change in the Contract Price or Contract Times.
C3328 -12.42c
(Instructions on reverse side)
DATF. OF ISSUANCE: December 21, 2001
OWNER:, City of Cape Girardeau, Missouri
WORK CHANGE DIRECTIVE
No. SC -02
PROJECT: C13328 Sloan Relief Sewer
Sanitary Sewer Improvement Program
EFFECTIVE DATE: December 21, 2001
OWNER's Contract No.: 3526, Sloan Relief Sewer
CONTRACTOR: Mid-America Services, Inc.
ENGINEER: Sverdrup Civil, Inc.
You are directed to proceed promptly with the following change(s):
Description: Increase the Contract Time by Sixty (60) calendar days due to the excusable delay caused by a defective pump
controller at New Lift Station No. 1. This Work Change Directive will subsequently be submitted as part of an appropriate Change
Order to be approved by the City, Contractor, Engineer and Missouri Department of Natural Resources.
Purpose of Work Change Directive: Extend the contract time to allow the Contractor adequate time to complete sanitary sewer
connections to the new Sloan Relief Sewer that drains by gravity to New Lift Station No. 1. Acceptance and operation of Lift Station
No. 1 under separate construction contract is required before sanitary sewer flow can be diverted to the new Sloan Relief Sewer.
Attachments: Attachment #1 -Engineer's Letter No. C13328-1894 dated December 19, 2001 and Attachment #2 -Contractor's request
for time extension with revised schedule attached.
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change
Order based thereon will involve one or more of the following methods of determining the effect of the change(s).
Method of determining change in
Contract Price:
❑ Unit Prices
❑ Lump Sum
❑ Other N/A
Estimated increase O in Contract Price:
$ -0-
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
RECOMMENDED:
Sverdrup Civil Inc.
ENGINEER
Method of determining change in
Contract Times:
Pq Contractor's records
0 Engineer's records
❑ Other
Estimated increase () in Contract Times:
Substantial Completion: 60 days;
Ready for final payment: 60 days.
If the change involves an increase, the estimated
times are not to be exceeded without further
authorization. Final Completion: February 20, 2007 -
AUTHORIZED:
City of Cape Girardeau
OWNER
_9 "� By. (Authorized Signature)
(Authorized Signature)
C3328 -12.34d
EJCDC No. 1910-8-F (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
t int �ry I'-1: u I� Sverdrup Civil, Inc. 314 436-7600
Y c w.+ 13723 Riverport Drive
Maryland Heights, Missouri 63043
December 19, 2001
Letter No.: C13328-1894
HAND DELIVERED
Brett A. Frazer, President
MID -AMERICA SERVICES, INC.
P.O. Box 325
Chester, IL 62233
Subject: Sloan Relief Sewer — Contract Completion Date
Sanitary Sewer Improvement Program
Cape Girardeau, Missouri
Dear Mr. Frazer:
On December 12, 2001, the new Lift Station No. 1 was scheduled to be placed
into service in Cape Girardeau. As you know, this Lift Station will be receiving
Sanitary Sewer flow from the new Sloan Relief Sewer that your company -is currently
constructing. Due to a defective pump controller, Lift Station No. 1 will not be ready
for service until January 2, 2002 or thereabout. This will affect the item of work shown
on your schedule as "TIE-INS", because sewer flow cannot be diverted to the new
Sloan Relief Sewer until Lift Station No. 1 is fully operational and accepted by the City.
On December 18, 2001, City Engineer, Mark Lester and I reviewed the Project
Schedules of the Sloan Relief Sewer and the Lift Stations and Force Main. Considering
the delay caused by the defective pump controller, Mark is willing to recommend an
extension of contract time for the Sloan Relief Sewer Project. This extension will be
conditioned on completing the remaining items of work within the allotted times shown
on your previous schedule. Please revise your schedule to show the item "TIE-INS"
starting on January 2, 2002, and submit it along with a written request for extension of
contract time to my attention on or before December 21, 2001.
It is very important that I receive this information by December 21, 2001, since
Work Change Directive No. SC -01 established Contract Final Completion on December
22, 2001. If you should have any questions or need further clarifications, please do not
hesitate to contact me.
C3329 -12.43b
Brett & Frazer
December 19, 2001
Letter No. C 13328-1894
Page 2
Very truly yours,
SVERDRUP CIVIL, INC.
�y.1,. /'? ice.
John R. Bennett
Resident Project Representative
JRB/dsc
c: Darrel Eggemeyer
Marie A. Lester
P.K. Mathai
Marty Platz
Rich Vedder
MID -AMERICA SERVICES, INC.
3624 Union School Rd. • P.O. Box 325
Chester, Illinois 62233
December 19, 2001
Sverdrup Civil, Inc.
Attn: John Bennett
P.O. Box 1604
Cape Girardeau, MO 63702-1604
RE: 2173 — Cape Girardeau, MO — Sloan Relief Sewer
Mr. Bennett:
Attached is a revised schedule for the Sloan Relief Sewer project.
PH. (618) 826-2854
FAX (618) 826-3586
The "tie-ins" from the existing sewer into the new sewer main can be started after
January 2, 2002, when lift station #1 is operational.
To complete the remaining items of this work, Mid-America Services, Inc. is requesting
an extension of time to February 22, 2002.
Sincerely,
Mid-America Services, Inc.
Brett A. Frazer,
President
R D
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NOTE: WEATHER, RIVER STAGE AND ROCK ARE NOT REFLECTED IN SCHEDULE.
FIELD ORDER
FIELD ORDER NO: SC -02
PROJECT NO: C13328
DATE: August 23, 2001
This form is to be used only for emergency instructions to a contractor where the time required for preparation and execution of a
formal Change Order would result in delay or stoppage of the work, in accordance with Articles 1.19 and 9.5 of the General
Conditions of the Contract.
PROJECT: Sloan Relief Sewer
Cape Girardeau Sanitary Sewer Improvement Program
TO CONTRACTOR: Mid-America Services, Inc. CONTRACT DATE: February 22, 2001
You are hereby authorized to make the following changes in your contract for the above project:
Raise the top elevation of Manhole No. SS -A13 to elevation 349.13 (+/-) ft. and change the slope of
the 8 -inch gravity sewer from SSMH-D1 to SSMH-A13 as indicated on the attached revised profile
(contract drawing no. SS -004). This change will extend the vertical height of outside drop by 3.00 ft. and
the new grade of the 8 -inch sewer shall be 7.21%. The final grade of earth fill around Manhole No. SS -
A13 shall be filled to the approximate elevations and slopes indicated on the attached drawing after the
existing gravity sewer is abandoned. Surface drainage structures and grading shown on the attached
revised drawing will be constructed after the new sewer is completed, tested and accepted by the Owner.
The Owner will consider proposals for additional work per Request for Proposal No. SC -01.
The cost of this change will be adjusted on a unit price basis after final confirmation of as -built
quantities and the acceptance of an appropriate change order.
The foregoing field order is issued in accordance with Section 9.5 of the Contract and does not involve an
adjustment in the contract price or the contract times and is compatible with the design concept of the
completed project as a functioning whole as indicated by the contract documents.
Q�_
F ENGINEER F CTI Y OF C E GIIZARDEAU FOR THE CONTRACT R
DISTRIBUTION: City of Cape Girardeau
Engineer
Contractor
Inspector
C3328-12.33c.doc
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