HomeMy WebLinkAboutRES.1911.08-04-2003BILL NO. 03-131
RESOLUTION NO. 19[1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DUTCH ENTERPRISES,
INC., FOR THE KINGSWAY DRIVE SEWER IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Dutch Enterprises, Inc., for Kingsway Drive Sewer
in the City of Cape Girardeau, Missouri. A copy of said
Agreement is attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS DAY OF 20
r
CITY OF CAPE GIRARDEAU
KINGSWAY DRIVE SEWER
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the / Frh day of d ,) in the year
20f a by and between the City of Cape Girardeau, Missouri (h einafter called OWNER)
and Dutch Enterprises, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The work to be performed under these Contract Documents consists of the
installation of approximately 587 L.F. of 8" PVC sanitary sewer, 215 L.F. of
6" PVC sewer lateral, 3 manholes, 9 wyes, street and driveway pavement
removal and replacement, seeding and straw and all necessary
appurtenances to complete the project as indicated in the improvement
plans, for the City of Cape Girardeau.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within forty-five (45 ) calendar days after the
date when the Contract Times commence to run as provided in paragraph 2.3 of the
General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within sixty ( 60 ) days after the date when the
Contract Times commence to run.
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3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed 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 two hundred dollars $ 200 for each day that
expires after the time specified in paragraph 3.1 for Substantial Completion until the Work
is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER one hundred fifty dollars $ 150 foreach
day that expires after the time specified in paragraph 3.1 for completion and readiness for
final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: Seventy-one thousand one hundred twenty-six dollars
and zero cents -------------------------------------- ($ 71,126.00 )
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Should rock excavation be encountered, it will be paid for at $125.00 per cubic yard. Rock
excavation is defined in the City of Cape Girardeau — Standard Specifications for Sewer
Improvements.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
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5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character and
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed, in which case, the
remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
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7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy
or completeness of information and data shown or indicated in the Contract Documents
with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has
obtained and carefully studied (or assumes responsibility for having done so) all such
additional supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or
contiguous to the site or otherwise which may affect cost, progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by CONTRACTOR and safety
precautions and programs incident thereto. CONTRACTOR does not consider that any
additional examinations, investigations, explorations, tests, studies or data are necessary
for the performance and furnishing of the Work at the Contract Price, within the Contract
Times and in accordance with the other terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
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written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages A-1 to A-7 inclusive).
8.2 Exhibits to this Agreement (pages BF -1 to BF -6 , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of
pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive).
8.7 Specifications bearing the title Kingsway Drive Sewer
8.8 Drawings.
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR'S Bid (pages BF -1 to BF -6 , inclusive) marked exhibit A .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
_, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
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Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on -�G,�� j £3 , 20 (which is the
Effective Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTOR Dutch Enterprises, Inc.
Douglas K. Leslie, City Manager ROBERT M. JANET, CEO
y. y:
[C RPORATE SEAL] [CORPORATE SEAL]
Attest
Address for giving notices
401 Independence Street
Cage Girardeau. MO 63703
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.
Attest 1
Address for giving notices
4832 Old Caae Road East
Jackson, MO 63755
License No.
Agent for service of process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
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EXHIBIT A
CITY OF CAPE GIRARDEAU
KINGSWAY DRIVE SEWER
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The improvement consists of the installation of
approximately 587 L.F. of 8" PVC sanitary sewer, 215 L.F. of 6" PVC sewer lateral,
3 manholes, 9 wyes, street and driveway pavement removal and replacement,
seeding and straw and all necessary appurtenances to complete the project as
indicated in the improvement plans, for the City of Cape Girardeau, Missouri.
THIS BID IS SUBMITTED TO
CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition
of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day
of Bid opening. BIDDER will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda, receipt of'all which is hereby acknowledged: (List Addenda by Addendum Number and Date)
*NONE*
(b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
BF -1 re -bid
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d)J BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination
set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which BIDDER is entitled
to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume
responsibility for accuracy or completeness of information and data shown or indicated in
the Bidding Documents with respect to Underground Facilities at or contiguous to the site.
BIDDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground Facilities)
at or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions
for performing and furnishing the Work for which this Bid is submitted.
(h) This. Bid is genuine and not made in the interest of or on behalf, of any undisclosed
person, firm. or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation; BIDDER has not directly or indirectly
BF -2 re -bid
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s)
UNIT PRICE BID
NO ITEM UNIT
1.
STANDARD'MANHOLE
EACH
2.
8" PVC SEWER PIPE
L.F.
3.
8" X 6" WYES
EACH
4.
6" PVC SEWER LATERAL
L.F.
5.
DRIVEWAY PAVEMENT
S.Y.
215
REMOVAL & REPLACEMENT
61.00
6.
STREET PAVEMENT
S.Y.
$
REMOVAL & REPLACEMENT
$
7.
SEED & STRAW
ACRE
EST. UNIT PRICE TOTAL
QTY. EST. PRICE
3
$
3000.00
$
9000.00
587
$
58.00
$
34046400
9
$
50.00
$
450.00
215
$
61.00
$
13115.00
27
$
45.00
$
1215.00
221
$
50.00
$
11050.00
.75
$
3000.00
$
.2250.00
Should rock excavation be encountered, it will be paid for at $125.00 per cubic yard.
Rock excavation is defined in the City of Cape Girardeau — Standard Specification for
Sewer Improvements.
TOTAL BID FOR ALL UNIT PRICES .......... $ *71,126.00*
Seventy One Thousand One Hundred Twenty Six & nb/100**********************
Dollars
(Written figure)
(Total 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
BF -3 re -bid
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within forty-five ( 45 )
calendar days after the date when the Contract Times commences to run as provided in
paragraph 2.3 of the General Conditions,'and completed and ready for final. payment in
accordance with paragraph 14.13 of the General Conditions within sixty 60 calendar
days after the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check
(b) Required BIDDER'S Qualification Statement with supporting data.
7. Communications concerning this Bid shall be addressed to:
Name
Robert M. Janet, CEO
Address P.O. Box 438, Jackson, MO 63755-0438
(a) Performance and Payment Bonding Company
Name United Fire & Casual
Address
P O Box 73909, Cedar Rapids, IA 52407-3909
Agent\Power of Attorney Name (if used) Huntleigh /McGehee
Address
P.O. Box &0, Kelso, MO 63758
8. Terms used in the Bid which are defined in the General conditions or Instructions will
have the meanings indicated in the General Conditions or Instructions.
BF -4 re -bid
SUBMITTED on 7/24 , 20 03.
State Contractor License No.
IF BIDDER is:
An Individual
By
(Individual's Name)
doing business as
Business address:.
Phone.No.:
A Partnership
By
(Firm Name)
(General Partner)
Business address:
Phone.No.:
A Corporation
By Dutch Enterprises, Inca
(Corporation Name)
Missouri
ate f Incorporation)
By �'`h %'� Robert
(N me of Person Authorized to Sign)
`x
� Yi
e{ y a u v � �y �°t . (Title)
4x r
y' R
(Secretary)
Bb n 68, ddreSS: P.O. Box 438
-
,r Jackson, MO 63755-0438
,
BF -5 re -hid,
(SEAL)
(SEAL)
(SEAL)
(SEAL)
Phone No.: (573) 243-3193
Date of Qualification to do business is 10/15/1969
A Joint Venture
(Name)
(Address)
By
(Name)
(Address)
Phone Number and Address for.receipt of official communications:
(SEAL)
(SEAL)
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be .in the manner indicated above.)
BF -6 re -bid
N
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909
Cedar Rapids, Iowa 52407-3909 319-399-5700
(A Stock Company)
BID BOND
KNOW ALL BY THESE PRESENTS, that Dutch Enterprises, Inc., 4832 Old Cape Road East, Jackson, MO 63755 as
Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized
under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape
Girardeau, Cape Girardeau, MO as Obligee, hereinafter called the Obligee, in the sum of 5% of the bid amount Dollars ($
5% of bid), for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Kingsway Drive Sewer.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Oblaee trey,, ici good faith
contract with another party to perform the work covered by said bid, then this obligation shall be ull ,01'i � ypid, othpryvise
to remain in full force and effect. °<F
Signed and sealed this 22nd day of Jam, 2003.
Mk
By Dutch Enterprises
(VgdNESS)
Vv �
1
(WITNESS)
CONT 0001
(PRINCIPAL)
3 " �� d
1 g
(TITLE) Robert M. Janet, ( CEO
"'.444
UNITED
UNITED FIRE & CASUALTY W6A����r``
( RE Y)�
By
(ATTORNEY -IN -FAT*! : i f s7,UO0
ACKNOWLEDGMENT OF SURETY
State of MISSOURI
ss.
County of SCOTT
On this 22nd day of JULY, 2003,
Personally appeared before me MARK A. GOODMAN
Who being duly sworn did depose and say that HE is the attorney-in-fact of
the United Fire & Casualty Company of Cedar Rapids, Iowa, that the seal
affixed to the attached instrument is the Corporate Seal of said Corporation,
and that said instrument was signed and sealed on behalf of said Corporation
by authority of its Board of Directors and the said MARK A. GOODMAN
acknowledged that HE executed said instrument as such attorney-in-fact
and as the free act and deed of said Corporation.
(--� a (- AeOL
Notary Public
ELIZABETH A. MCCLAIN
UNITED FIRE GROUP
United Fire & Casualty Company
United Life Insurance Company
Addison Insurance Company
Lafayette Insurance Company
Insurance Broken & Managers, Inc
American Indemnity Companies
NOTICE TO MISSOURI SURETY BOND HOLDERS
Should you have questions about your bond or policy, please contact your
insurance agent first.
If you are unable to contact or obtain information from your agent, you may
contact our company at the address and phone number below:
UNITED FIRE & CASUALTY COMPANY
ATTENTION: BOND DEPARTMENT
P 0 BOX73909
CEDAR RAPIDS, IOWA 52407
1-800-343-9130
ACORD CERTIFICATE OF LIABILITY INSURANCE CSR PT
1
DATE(MM/DD/YYYY)
09/16/03
PRODUCER
W. E. WALKER COMPANY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
117 SOUTH BROADVIEW
P 0 BOX 733
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
TYPE OF INSURANCE
CAPE GIRARDEAU MO 63702-0733
Phone:573-335-3307 Fax:573-335-5844
INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURER A: HAWKEYE — SECURITY INSURANCE
INSURER B: MISSOURI EMPLOYERS MUTUAL INS
DUTCH ENTERPRISES INC
INSURER C:
DUTCH ELECTRICAL CONTRACTORS
LLC
INSURER D:
P O BOX 438
JACKSON MO 63755
PREMISES (Ea occurence)$ 100,000
A
INSURER E:
rnvcoAr_rc
v 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/DD/YY
POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
GENERAL LIABILITY
William C Talley
EACH OCCURRENCE $1,000,000
PREMISES (Ea occurence)$ 100,000
A
X
X COMMERCIAL GENERAL LIABILITY
CBP9766320
09/01/03
09/01/04
MED EXP (Any one person) $ 5,000
CLAIMS MADE i X i OCCUR
PERSONAL &ADV INJURY $1,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG s2,000,000
POLICY PRO LOC
JECT
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$1,000,000
A
X
X
ANY AUTO
BA9765420
09/01/03
09/01/04
(Ea accident)
BODILY INJURY $
ALL OWNED AUTOS
(Per person)
SCHEDULED AUTOS
BODILY INJURY $
HIRED AUTOS
(Per accident)
NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $ 5,000,000
AGGREGATE $
A
X OCCUR EICLAIMSMADE
CU9767120
09/01/03
09/01/04
$
DEDUCTIBLE
$
X RETENTION $10,000
WORKERS COMPENSATION AND
TORY LIMITS ER
E.L. EACH ACCIDENT $1,000,000
B
EMPLOYERS' LIABILITY
510260
09/01/03
09/01/04
E.L. DISEASE - EA EMPLOYEE $3.,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE -POLICY LIMIT $1,000,000
If yes, describe under
SPECIAL PROVISIONS below
OTHER
A
OWNER & CONTRACTOR
GL9767320
08/27/03
08/27/04
LIMIT 2,000,000
PROTECTIVE
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
PROJECT: KINGSWAY DRIVE SEWER EXTENSION. CITY OF CAPE GIRARDEAU IS INCLUDED
WITHIN THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY BLANKET ADDITIONAL
INSURED PROVISION. (REVISED)
I+C�TICIf%ATC LIAI nco I:ANI:hl_ I I IUN
vim..... .... .. ......�-�
CITYCA1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
CITY OF CAPE GIRARDEAU
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
ATTN : ENGINEERING DIVISION
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
401 INDEPENDENCE
CAPE GIRARDEAU MO 63701
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
William C Talley
ACORD 25 (2001/08) v At,vlcu L1UmrvKA 1 IVIY 1 V00
PROJECT TITLE
CONTRACT DATE
CONTRACTOR
CHANGE ORDER # 1 & FINAL
KINGSWAY SEWER
SEPTEMBER 18, 2003
DUTCH ENTERPRISES, INC.
JUSTIFICATION
The purpose of this change order is to bring the bid quantities up to actual constructed
values.
The contractor encountered a substantial amount of rock during the excavation phase of this
project. Therefore, the contractor filed for a time extension.
CHANGE TO CONTRACT PRICE
Original contract price:
$ 71,126.00
Current contract price as adjusted by previous change orders:
$ 0.00
The following changes are hereby made to the Contract Documents:
NO
ITEM
UNIT
ACTUAL
UNIT PRICE
TOTAL
QTY.
PRICE
1
Standard Manhole
EA.
3
$ 3,000.00
$ 9,000.00
2
8" PVC Sewer Pipe
L.F.
607.00
$ 58.00
$ 35,206.00
3
8" x 6" Wyes
EA.
10
$ 50.00
$ 500.00
4
6" PVC Sewer Lateral
EA.
176.00
$ 61.00
$ 10,736.00
5
Driveway Pavement
S.Y.
31.39
$ 45.00
$ 1,412.55
Removal and Replacement
6
Street Pavement Removal
S.Y.
188.93
$ 50.00
$ 9,446.50
and Replacement
7
Seed and Straw
Acre
0.75
$ 3,000.00
$ 2,250.00
8
Rock Excavation
C.Y.
58.0
$ 125.00
$ 7,250.00
TOTAL AS CONSTRUCTED
PRICE
$75,8010
JUSTIFICATION
The purpose of this change order is to bring the bid quantities up to actual constructed
values.
The contractor encountered a substantial amount of rock during the excavation phase of this
project. Therefore, the contractor filed for a time extension.
CHANGE TO CONTRACT PRICE
Original contract price:
$ 71,126.00
Current contract price as adjusted by previous change orders:
$ 0.00
CHANGE ORDER #1 & FINAL
KINGSWAY SEWER IMPROVEMENTS
PAGE 2OF2
Current contract price due to this change order will be increased by:
$ 4,675'50.0
The new contract price due to this change order will be:
$ 75,801.5Q.p-S_
CHANGE TO CONTRACT TIME
Original contract time:
Substantial completion - forty-five (45) calendar days
Final completion - sixty (60) calendar days
Original contract time as adjusted by previous change order:
Substantial completion -forty-five (45) calendar days
Final completion - sixty (60) calendar days
Current contract time due to this change order will be increased by:
Fifteen (15) calendar days added for substantial completion.
Twenty-one (21) calendar days added for final completion.
The new contract time due to this change order will be:
Substantial completion - sixty (60) calendar days
Final completion - eighty-one (81) calendar days
APPROVAL REQUIRED:
To be effective, this Change Order must be approved by the Owner if it changes the
scope or objective of the project, or may otherwise be required under the terms of the
Supplementary General Conditions to the Contract.
0"'
Recommended by ` Date _ /7— 0"
Project Manager - Thomas Wiesner
Recommended by�`, ��� Date ��- -
``City Engineer -"Mark A. Lester
Approved by �2" DateD-
Cit anager - Douglas Leslie
Accepted by Ik" " - 'TW /+ Date
for Dutch Enterprises, Inc.