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HomeMy WebLinkAboutRES.2050.03-21-2005BILL NO. 05-68 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC., FOR THE COMMERCIAL STREET RECONSTRUCTION PROJECT IN THE CITY OF CAPE GIRARDEAU, MISSOURI NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Fronabarger Concreters, Inc., for the Commercial Street Reconstruction Project, 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 OFA20 I oy . Knudtson, Mayor CITY OF CAPE GIRARDEAU COMMERCIAL STREET RECONSTRUCTION STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the i i h day of A P"" I in the year 2005 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Fronabarger Concreters, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Work to be performed under these Contract Documents shall consist of the reconstruction of Commercial Street from Walnut Street to Hickory Street. Construction includes removal of existing pavement and constructing an eight -inch Portland Cement Concrete pavement, storm sewers, ditch work and all things necessary to complete the Work according to the Contract Documents for the City of Cape Girardeau, Missouri. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within ninety 90 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one hundred twenty (120) days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not 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 Five Ill 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. 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 Five Hundred Dollars $ 500.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.1 below: 4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES:Two Hundred Sixty -Eight Thousand Two Hundred Twenty -Nine and 50/100 ($268,229.50) 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. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress A-2 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: 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 M 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 written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 6 inclusive). 8.2 Exhibits to this Agreement (pages BF -1 to BF -6, inclusive). 8.3 Performance, Payment, and other Bonds, identified as Exhibit_ and consisting of_ pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55, inclusive). 8.6 Supplementary Conditions (pages SC -1 to SC -4 , inclusive). 8.7 Specifications bearing the title Commercial Street Reconstruction 8.8 Drawings bearing the title Commercial Street Reconstruction 8.9 CONTRACTOR's Bid (pages BF -1 to BF -6, inclusive) marked Exhibit A . 8.10 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to inclusive). 8.11 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. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-5 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and four 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 A pri 2005 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau, Missouri Douglas K. Leslie By: [CORPORATE SEAL] Attest '00 Ln Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreemept.) A-6 CONTRACTOR Fronabager Concrete, Inc. By: 1 p [COR ORATE SEAL] Attest Address for giving notices 3290 State Hwy. E Oak Ridge, MO 63769 License No. Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT A CITY OF CAPE GIRARDEAU COMMERCIAL STREET RECONSTRUCTION CONTRACTOR'S BID FORM PROJECT IDENTIFICATION: The Work to be performed under these Contract Documents shall consist of the reconstruction of Commercial Street from Walnut Street to Hickory Street. Construction includes removal of existing pavement and constructing an eight - inch Portland Cement Concrete pavement, storm sewers, ditch work and all things necessary to complete the Work according to the Contract Documents for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: City of Cape Girardeau, Missouri 401 Independence Street Cape Girardeau, MO 63703 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 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 disposition of Bid security. This Bid will remain subject to acceptance for sixty 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 OWNERS Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: Addenda Number LIV�12 Date of Addenda (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 r__ (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER 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 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): BF -2 BASE BID — UNIT PRICE BID ESTIMATED ESTIMATED ITEM QUANITY UNIT UNIT PRICE PRICE 1 Removal of Existing Improvements 1 LS $ 1L.AT, pp $ �y , 8_qp , CO 2 Erosion Control 1 LS $ � kxm ©O $ IWO, 0 0 3 Traffic Control 1 LS $ $ (,00, QO 4 Class "B" Excavation 673 CY $ LA, Op $ l�q O0 5 Embankment in Place 928 CY $ 1,gp $ s GRADE DITCHES 2,570 LF $ l , a0 $ 7 8" P.C. Concrete Pavement 5,160 SY $ 1} 3,p $ 3g�,Op 8 P.C. Driveways' Concrete Pavement 1,690 SY $ 2a.5o $ 3g �S,pp 9 8" Base - Pavement ShoulderType 1 or Type 2 Aggregate Base (Sec. 1007.1 or 1,573 SY $ $ 1007.2 - MoDOT) 50t��- 10 4" Base - Driveway Replacement Type 1 or Type 2 Aggregate Base (Sec. 1007.1 460 SY $ $ or 1007.2 - MoDOT 2, 10 9U., o0 11 Junction Box (4'x4') w/ Neenah Grate 2 Each $ 1 , oc> $ 12 Transverse Drainage Structure w/ Grate 1 Each $ ,co $ oa, po 13 Junction Box (3'x3') w/ Neenah Grate 1 Each $ [ � , oo $ 1 1000 , O o 14 24" R.C.P. Class III 281 LF $ g,00 $ "'� p��_� , pD 15 18" R.C.P. Class III 509 LF $ OQ $�_ ©o 16 15" R.C.P. Class III 195 LF $ ,�7D $ 14.,AgO,gO 17 12" R.C.P. Class 111 190 LF $ , 00 $ �j 1$0 , OC) 18 24" Dia. Concrete F.E.S. 3 Each $ t4 85 19 18" Dia Concrete F.E.S. 3 Each $ 310. oo 1,1 0 00 20 15" Dia. Concrete F.E.S. 10 Each $ 3(o0, oo $ 3. U00, OC) 21 12" Dia. Concrete F.E.S. 11 Each $ 350, ao $ Rap - 24" Thick, Furnish & Place 138 SY $ 15, CO ,Do �22,Rip JFertilizer, Seed, Semi -Permanent 1 LS $ _$ ,Q40, $ erosion control Blanket ,3 9po, oo 3,aoo. cx�) t 24 Pavement Markings 1 LS $ 1, 050, ao $ 1,050. 00 25 Relocating Traffic Signs 1 LS $ t400, oo $ L[Qp , W 6 26 New Traffic Signs 41 SF $ 10, W $ lc9 27 Relocating Mail Boxes 1 LS $ 50, CK) $ 560. 50 28 Adjust Manhole Covers 7 Each $ (50 � 00 $ 1 (DSC) .00 29 Adjust Valve Boxes 8 Each $ y0, p0 $ 32Q. Op 30 Concrete Encasement For Pipe 60 LF $ ap,Op $ 1,asp , gyp Tj�OT9AL, BID FOR ALL UNIT PRICES � ,50 � �Wt I LIF ^ '= S1�I.T`/ 1'M9USN.+a7 1 Wa� u� ' Kt ' ��NL �, \1 � {�, 1 )'_S .^.'rYall:;s,� ($2k BF -3 (written words) (figures) 5. BIDDER agrees that the work will be substantially completed within (90) 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 120 days after the date when the Contract Times commence to run. 6. The following documents are attached to and made a condition of the Bid: (a) Required Bid Security in the form of 13)%j, &o -,t> (b) Required BIDDER'S Qualification Statement with supporting data. (c) Any Addenda issued. 7. Communications concerning this Bid shall be addressed to: Name: Address:12q© Sa 4vra km- EO� L�Q Ao37(D9 (a) Performance and Name: (1NwE!b I i Address: f.), X2310 Agent/Power of Attorney (if used): Address: 8. 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. 9. This bid is submitted on / n`ARg t\ Go , 2005. 10. State Contractor License No. CO I I IF BIDDER is: An Individual By doing business as Business Address: (Individual's Name) BF -4 (SEAL) i Phone No.: A Partnership By Business Address: Phone No.: A Corporation (Firm Name) (General Partner) (SEAL) By t:3Rj2IU Az Qcr%--� Loop ge'TERR k _L3�3 L (Corporation Name) (State of incorporation) By (Name of p on authorized to sign) P (Title) l ." (Corporate Seal) Attest (Seer ry) Business Address: Sa�-rE AIV F Phone No.: (� 7n Date of Qualification: A Joint Venture By (SEAL) (Name) (Address) BF -5 By (SEAL) (Name) (Address) Business Address: Phone No.: (Each joint venture 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.) BREAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: It is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Company) �' (Type of Work) --D j 8a�� ►NCS Lar > 2v►et &ZEAL!, i, IMAM THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we FRONABARGER CONCRETERS INC 3290 STATE HWY E OAK RIDGE, MO 63769 as Principal, hereinafter called the Principal, and United Fire & Casualty Company, P.O. Box 73909, 118 Second Avenue SE, Cedar Rapids, Iowa 52407-3909, 800-343-9130 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount Dollars (5% ) for the payment of which sum well and truly to be made, the said Principal and the said Suret)6 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Commercial Street Reconstruction NOW, THEREFORE, if the Obligee shal I accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accor- dance 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 suf- ficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution there- of, or in the event of the failure of the Principal to enter,such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of March 20054 FRONABARGER CONCRETERS INC ,•�`1j :,, ( v- ►`� `�11�k5 (Witness) (Witness) AIADOCUMENTA310 • BID BOND • AIA ® • FEBRUARY 1960 ED • THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Principal)e. `; • '�(Ij ? C t +,, r v (Title) United Fire & Casualty Companl„f;' (Surety) :.y,;, ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 8th day of March ,2005 Personally appeared before me Priscilla B. Hunter who being duly sworn did depose and say that he/she is the attorney-in-fact of the United Fire & Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Priscilla B. 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" W , " .+ ,, �11 , �, ,� .1 P � .. +!!��,* ,, �; � ..'%'.��_"..,!� ,.� ..... ... , �­ .f.'�... .. ...;� - ... t.1,111k , "' i.,.�-',R', . .1 :lel , . .. - - 2 x. F � I "I - , � - Q , s I ,; t" %,.;.. '..." 1: ; ." ­:;"..., " + - �,:_­.. .. +1.1. 6... ,.. I .... � � .. I 1, w , K . , " , : .1 I .. .. " , - ", .1 ... .... _4 .�. . - . .. . . .­,:- ;� , "?""�, + I .- , ... % - . 1 4. ., "' " , : ': ...... .. :;, '" ., - Y I . :. -� . I . ... g.. . I ... . ;;. ... . . d c UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY 118 SECOND AVENUE, S.E., P.O. BOX 73909 CEDAR RAPIDS, IOYIYA 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a question about your bond or policy, please contact your insurance agent first. If you are unable to contact or obtain information from your agent, you may contact our company at address and phone number below: UNITED FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 0 1-800-343-9130 1 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 54146087 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): FRONABARGER CONCRETERS INC 3290 STATE HWY E OAK RIDGE, MO 63769 OWNER (Name and Address): City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 SURETY (Name and Principal Place of Business): United Fire & Casualty Company P.O. Box 73909, 118 Second Avenue SE Cedar Rapids, Iowa 52407-3909 800-343-9130 CONSTRUCTION CONTRACT Date: A pr - I I -1 , a.C'0 5 Amount: $268,229.50 Description (Name and Location): Commercial Street Reconstruction BOND Date (Not earlier than Construction Contract Date): Apr, 1 -1, 'QW 5 Amount:$268,229.50 Modifications to this Bond: Id None CONTRACTOR AS PRINCIPAL (Corporate Seal) FRONABARGER CONCRETERS INC 3290 STATE HWY E gAK} t�p�t- M,O 63769 A : t &gr lre t arYi itle; A yr4h-Ft �-444iot6nal signatures appear on page 3) SURETY ❑ See Page 3 (Corporate Seal) United Fire & Casualty Company 4(� f P.O. Box 73909, 118 Second Avenue �f Cedar Rapids, Iowa 52407-3909 800-343-9130 Signature:Ci Name and Title: ,1> Attorney -in -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or CONSOLIDATED INSURANCE AGCY other party):City of Cape Girardeau 1707 N MT AUBURN RD STE 5 CAPE GIRARDEAU, 401 Independence Cape Girardeau, MO MO 63701 63701 AIADOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. 9 AIA ® A312-1984 THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING 9 MARCH 1987 I The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 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 formal- ly terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 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 theTerms of the con- tract 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 con- tractors; or 4.3 Obtain bids or negotiated proposals from qualified con- tractors 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 com- pletion, 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 writ- ten 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 enti- tled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to com- plete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibili- ties of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsi- bilities 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 dam- ages 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; 6.2 Additional legal, design professional and delay costs result- ing 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 spec- ified 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 obli- gations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or setoff on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or enti- ty 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 sub- contracts, 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 insti- tuted 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, the Minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be appli- cable. AIADOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® A312-1984 2 THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING 0 MARCH 1987 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 a statuto- ry or other legal requirement in the location where the construc- tion 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. 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, includ- ing allowance to the Contractor of any amounts received or to MODIFICATIONS TO THE BOND ARE AS FOLLOWS: 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 or 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: Address: Signature: Name and Title: Address: (Corporate Seal) AIADOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® A312-1984 3 THEAMERI CAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 UNITED FIRE & CASUALTY COMPANY HOME OFFICE CEDAR RAPIDS, IOWA CERTIFIED COPY OF. POWER OF ATTORNEY (Original an file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint CHARLES W. DECKER, OR SHARON GLASCO, OR ALAN H. RAUSENBERGER, OR WILLIAM TALLMAN, CARBONDALE, IL, OR TODD A. WARD, OR NANCY STRAUSER, 'OR PRISCILLA B. HUNTER,; ALL INDIVIDUALLY of CAPE GIRARDEAU MO its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows` Any and All Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly' authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and tht Corporate: seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. 4e4r,,,„,,,,n� IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by �. ►�tj�'hq, its vice president and its corporate seal to be hereto affixed this 12th day of December, 2002 CO11tO2ATE —4— UNITED FIRE & CASUALTY COMPANY 3YAL * 'a1",�00 By� .('� Vice President State of Iowa County of Linn, ss: On 12th day of December, 2002, before me personally came Randy A. Ramlo to me known,' who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed hi n me thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. a� � a PATTI WADDELL No ublic _* ° f :x_aaaISSION NuubER 713274 My commission expires; 10/26/2007 :wr COMMISSION EXPIAE3 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts' thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company �• ►�wc,�� this 24th day of March 2ti 05'. � COItOIATE aiIL Secretary BOND0019 0802 01 ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 24thday of March 2005 Personally appeared before me Todd A. Ward who being duly sworn did depose and say that he/she is the attorney-in-fact of the United Fire & Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Todd A. Ward acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. PRISCILLA B HUNTER NOTARY PUBLIC STATE OF MISSOURI CAPE GIRARDEAU COUNTY MY COMMISSION EXP APR. 20,2005 UND-2031 b Notary Public UNITED fJ F I . CASUALTY COMPANYIT 116 SECOND AVENUE, S.E., P-0-BOX73909 CEDAR10'WA 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a question about your bond or policy, please contact your insurance agent first. If you are unable to contact or obtain information from your agent, you may contact our company at address and phone number below: UNITED FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 1-800-343-9130 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You should know that, effective November 26, 2002, any losses sustained by the surety . caused by certified acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are 'added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. HOME OFFICE: 118 Second Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425 �r3•is .. You should know that, effective November 26, 2002, any losses sustained by the surety . caused by certified acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are 'added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. HOME OFFICE: 118 Second Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 54146087 AIA DocumentA312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): FRONABARGER CONCRETERS INC 3290 STATE HWY E OAK RIDGE, MO 63769 OWNER (Name and Address): City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 CONSTRUCTION CONTRACT Date: Apra t -11 x005 Amount: $268,229.50 SURETY (Name and Principal Place of Business): United Fire & Casualty Company P.O. Box 73909, 118 Second Avenue SE Cedar Rapids, Iowa 52407-3909 800-343-9130 Description (Name and Location): Commercial Street Reconstruction BOND Date (Not earlier than Construction Contract Date): Apri 1, a©CIS Amount:$268,229.50 Modifications to this Bond: CONTRACTOR AS PRINCIPAL (Corporate Seal) FRONABARGER CONCRETERS INC 3290,,STATE HWY E Qc�9dE t 63769 gna�k r 61 d ttorn�tin p ka t e (A�n'y!Ad&?conal signatures appear on page 6) IBJ None ❑ See Page 6 SU RETY (Corporate Seal) United Fire & Casualty Company P.O. Box 73909, 118 Second Avenue SE Cedar Rapids, Iowa 52407-3909 800-343-9130 f r Signature: 7 - Name and Title: 7 Attorney -in -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or CONSOLIDATED INSURANCE AGCY other party): city of Cape Girardeau 1707 N MT AUBURN RD STE 5 CAPE GIRARDEAU, 401 Independence Cape Girardeau, MO MO 63701 63701 AIADOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® A312-1984 4 THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING 0 MARCH 1987 I The Contractor and the Surety, jointly and severally, bind them- selves, 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 Construction Contract, which is incorporated herein by reference. 2 With respectto 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, mate- rials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly noti- fied the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands liens or suits and ten- dered 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 this 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: .1 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 .3 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 fur- nished 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 fol- lowing 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 pay- ments 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 Owners 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 related sub- contracts, 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 statuto- ry or other legal requirement in the location where the construc- tion 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. AIADOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND 0 DECEMBER 1984 ED. 9 AIA ® A312-1984 5 THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING 0 MARCH 1987 14 Upon request by any person or entity appearing to be a poten- tial 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 perform- ance 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, tele- phone service or rental equipment used in the Construction Contract, architectural and engineering services required for MODIFICATIONS TO THE BOND ARE AS FOLLOWS: 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 he cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) AIADOCUMENTA312 0 PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® A312-1984 6 THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING 0 MARCH 1987 UNITED FIRE & CASUALTY COMPANY HOM,Ei OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company -'See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and.. existing under the laws of the State of Iowa,. and having its principal office in Cedar Rapids, State of Iowa does make, constitute and appoint CHARLES W. DECKER, OR SHARON GLA5CO, OR ALAN H. RAUSENBERGER, OR WILLIAM TALLMAN, CARBONDALE, IL, OR TODD A. WARD, ORNANCY STRATSER, OR PRISCILLA B. HUNTER, ;ALL INDIVIDUALLYof CAPE GIRARDEAU MO Its true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings"and other obligatory` instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE &'CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant.to and by authority of the following By -Law duly adopted by Board of Directors of the Company on April 18, 1973: "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective Certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. „,,,,�f� IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by 1.0 CJ its vice president and its corporate seal to be hereto affixed this 12th day of December, 2002 COITORATE "'-'_ UNITED FIRE & CASUALTY COMPANY a dfAL .a / �b By Vice President State of Iowa; County of Linn, ss: On 12th day of December, 2002, before me personally came Randy A. Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE ,& CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; ,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed hi n me thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 40W PAM WADDELL No ublic „c.�a�iseioN NUMBER 713274 My commission expires: 10/26/2007' .m1 COMMISSION EXPIRES 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney,' with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company ))�k this 24th day of March 20 05 C01101A1E ,a=AL �Wua+1+ Secretary BOND0019 0802 01 ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 24thday of March 2005 Personally appeared before me Todd A. Ward who being duly sworn did depose and say that he/she is the attorney-in-fact of the United Fire & Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Todd A. Ward acknowledged that he/she executed said instrument as such attomey-in-fact and as the free act and deed of said Corporation. PRISCILLA B HUNTER NOTARY PUBLIC STATE OF MISSOURI CAPE GIRARDEAU COUNTY -VY C0h4MFFg1nn, rxn APP, 20,2005 Notary Public UND-2031b UNITED RRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY 116 SECOND AVENUE, S.E., P.O. BOX 8739®9 CEDAR RAPIDS, IOWA 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a question about your bond or policy, please contact your insurance agent first. If you are unable to contact or obtain information from your agent, you may contact our company at address and phone number below: UNITED FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 1-800-343-9130 IN POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You should know that, effective November 26, 2002, any losses sustained by the surety . caused by certified acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. HOME OFFICE: 118 Second Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425 E coRv CERTIFICATE OF LIABILITY INSURANCE OPD P ONA 1 DATE(MM/DD/YY) 03/25/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSR LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Consolidated Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1707 N. Mt. Auburn, Suite S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cape Girardeau MO 63701 GENERAL LIABILITY Phone:573-334-6094 Fax:573-334-8548 INSURERS AFFORDING COVERAGE INSURED INSURERA: Bituminous Insurance Company INSURER B: X COMMERCIAL GENERAL LIABILITY INSURER C: Fronabar er Concreters Inc 3290 State Hwy E Oak Ridge MO b3769 INSURER D: INSURER E: COVERAGES 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY F TIVE DATE MM/DD POLICY EXPIRATI N DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CLP3183845 02/24/05 02/24/06 FIRE DAMAGE (Any one fire) $ 100000 CLAIMS MADE ❑X OCCUR MED EXP (Any one person) $ 5000 PERSONAL$ ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2000000 POLICY [XI PROECT LOC J A AUTOMOBILE X LIABILITY ANYAUTO CAP3183852 02/24/05 02/24/06 COMBINED SINGLE LIMIT $ 1000000 (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 5 00J000 A X OCCUR CLAIMS MADE PENDING 02/24/05 02/24/06 AGGREGATE $ 5000000 $ DEDUCTIBLE X RETENTION $ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC3183848 02/24/05 02/24/06 X TORY LIMITS OTHER E.L. EACH ACCIDENT $ 5001000 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE -POLICY LIMIT $ 500000 OTHER A LEASED EQUIPMENT CLP3183845 02/24/05 02/24/06 $150000 $450000 MAX PER ITEM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CITY OF CAPE GIRARDEAU IS NAMED ADDITIONAL INSURED IN RESPECT TO LIABILITY ARISING FROM THE OPERATION OF THE NAMED INSURED FOR PROJECT - COMMERCIAL STREET RECONSTRUCTION v�r��Irlvi+ I""W�U�rc Z I AUUI I IVNAL INSUKLU; IN3UKtK Lt I I LK: l'fi141,CLLA I IVN CAPEGIR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF CAPE GIRARDEAU IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 401 INDEPENDENCE REPRESENTATIVES. CAPE GIRARDEAU MO 63701 AUTHORIZED REPRESENTATIVE Todd A. Ward / ACORD 25-S (7/97) ©ACORD CORPORATION 1988 ACORD INSURANCE BINDER OP IDP DATE DEDUCTIBLE 03/25/05 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER (PA"/C, No, Ext: 573-334-6094 COMPANY BINDER# 348 573-334-8548 Bituminous Insurance Company LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE E OCCUR Owner & Contractor Prot. RETRO DATE FOR CLAIMS MADE: EFFECTIVE EXPIRATION Consolidated Insurance Agency DATE TIME DATE I TIME X PERSONAL & ADV INJURY $ AM X 12:01 AM 1707 N. Mt. Auburn, Suite SX Cape Girardeau MO 63701 03/24/05 12:01 COMBINED SINGLE LIMIT $ PM 04/23/05 BODILY INJURY (Per person) $ NOON Todd A. Ward THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #: CODE: SUB CODE: AGE CUSTOMER ID: FRONA-1 DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) INSURED OCP POLICY FOR COMMERCIAL CITY OF CAPE GIRARDEAU STREET RECONSTRUCTION 401 INDEPENDENCE ALL VEHICLES SCHEDULED VEHICLES CAPE GIRARDEAU MO 63701 GARAGE LIABILITY ANY AUTO COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS h AMOUNT PROPERTY CAUSES OF LOSS BASIC F� BROAD [:] SPEC LOAN # CITY OF CAPE GIRARDEAU 401 INDEPENDENCE AUTHORIZED REPRESENTATIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE E OCCUR Owner & Contractor Prot. RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ X PERSONAL & ADV INJURY $ GENERAL AGGREGATE $1000000 PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE STATED AMOUNT $ OTHER GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF-INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL CONDITIONS/ OTHER COVERAGES FEES $ TAXES $ ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS Auuku 15-5 (1/9S) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 1993 MORTGAGEE LOSS PAYEE Hx ADDITIONAL INSURED LOAN # CITY OF CAPE GIRARDEAU 401 INDEPENDENCE AUTHORIZED REPRESENTATIVE CAPE GIRARDEAU MO 63701 J"G�i71`� �/► Todd A. Ward Auuku 15-5 (1/9S) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 1993 CHANGE ORDER # 1 PROJECT TITLE: Commercial Street Reconstruction CONTRACT DATE: March 21, 2005 CONTRACTOR: Fronabarger Concreters, Inc. The following changes are hereby made to the Contract Documents: Part 1: Additional contract items No. Item Unit Est. Qty. Unit Price Price 31. Walnut Street Improvements Lump Sum 1 $ 26,492.00 $ 26,492.00 Justification: A petition for Walnut Street improvements was received by the property owners dated April 27, 2004. This gravel street is located east of Commercial Street. A resolution was accepted by the City Council to enter into a development agreement between the property owners and the City that stipulates a special assessment tax -bill to the owners that will fund the project. Description: Work includes constructing 180 feet of 24 foot wide street from Commercial Street East. The pavement shall be 8" Portland Cement Concrete. Lump Sum price shall include grading, pavement, driveways, stormwater improvements, and all necessary appurtenances as shown on the attached Exhibit "A". Change to Contract Price: Original contract price: $268,229.50 Current contract price due to previous change orders: $268,229.50 Current contract price due to this change order will be increased by: $ 26,492.00 The new contract price due to this change order will be: $294,721.50 Change to Contract Time: No change to contract time due to this change order. Change Order #1 Commercial Street Reconstruction Project Page Two Approval Required: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project, or may otherwise be required under the terms of the Supplementary General Conditions to the Contract. Recommended by Date Jos ua . Richardson, City Engineer Date 0 Abdul Alkadry, Project Manager Approved by Date for Fro arger Concreters c. Accepted by Date Dougl K. Leslie, City Manager PROJECT TITLE CONTRACT DATE CONTRACTOR: CHANGE ORDER # 2 & FINAL Commercial Street Reconstruction March 21 nabaroer Concrete The following changes are hereby made to the Contract Documents: This FINAL Change Order is to add any items necessitated by field conditions and to bring all items up to AS CONSTRUCTED quantities. PART 1. ORIGINAL CONTRACT ITEMS ITEM NO DESCRIPTION UNIT AS BUILT QUANTITY UNIT PRICE COMPL TOTAL 1 Removal of Existing Improvements LS 1 $ 14,850.00 $ 14,850.00 2 Erosion Control LS 1 $ 2,600.00 $ 2,600.00 3 Traffic Control LS 1 $ 3,600.00 $ 3,600.00 4 Class "B" Excavation CY 673 $ 4.00 $ 2,692.00 5 Embankment in Place CY 928 $ 11.80 $ 10,950.40 6 Grade Ditches LF 2213 $ 1.20 $ 2,655.60 7 8" P.C. Concrete Pavement SY 5295 $ 24.30 $ 128,668.50 8 P.C. Driveways' SY 1671.17 $ 22.50 $ 37,601.33 9 8" Base - Pavement ShoulderType 1 or Type 2 Aggregate Base Sec. 1007.1 or 1007.2 - MoDOT SY 1438 $ 4.50 $ 6,471.00 10 4" Base - Driveway Replacement Type 1 or Type 2 Aggregate Base Sec. 1007.1 or 1007.2 - MoDOT SY 460 $ 2.10 $ 966.00 11 Junction Box (4'x4') w/ Neenah Grate Each 2 $ 1,600.00 $ 3,200.00 12 Transverse Drainage Structure LS 1 $ 5,700.00 $ 5,700.00 13 Junction Box (3'x3') w/ Neenah Grate Each 1 $ 1,600.00 $ 1,600.00 14 24" R.C.P. Class III LF 334 $ 28.00 $ 9,352.00 15 18" R.C.P. Class III LF 592 $ 22.00 $ 13,024.00 16 15" R.C.P. Class III LF 195 $ 22.00 $ 4,290.00 17 12" R.C.P. Class III LF 122 $ 22.00 $ 2,684.00 18 24" Dia. Concrete F.E.S. Each 2 $ 485.00 $ 970.00 19 18" Dia Concrete F.E.S. Each 5 $ 390.00 $ 1,950.00 20 15" Dia. Concrete F.E.S. Each 7 $ 360.00 $ 2,520.00 21 12" Dia. Concrete F.E.S. Each 10 $ 350.00 $ 3,500.00 22 Rip Rap - 24" Thick, Furnish & Place SY 53 $ 15.00 $ 795.00 23 Fertilizer, Seed, Semi -Permanent erosion control Blanket LS 1 $ 3,800.00 $ 3,800.00 24 Pavement Markings LS 1 $ 1,050.00 $ 1,050.00 25 Relocating Traffic Signs LS 1 $ 400.00 1$ 400.00 Change Order # 2 Final Commercial Street Reconstruction Page 1 of 3 ITEM NO DESCRIPTION UNIT AS BUILT QUANTITY CONTRACT PRICE TOTAL 26 New Traffic Signs SF 74.5 $ 10.60 $ 789.70 27 Relocating Mail Boxes LS 1 $ 560.00 $ 560.00 28 Adjust Manhole Rims Each 6 $ 150.00 $ 900.00 29 Adjust Valve Box Each 8 $ 40.00 $ 320.00 30 Concrete Encasement For Pipe LF 0 $ 20.00 $ - 31 Walnut Street Improvements LS 1 $ 26,492.00 $ 26,492.00 $ 294,951.53 PART 2. ADDITIONAL CONTRACT ITEMS ITEM NO DESCRIPTION UNIT AS BUILT QUANTITY CONTRACT PRICE TOTAL 32 Extend Drain Pipes LS 1 $ 1,584.38 $ 1,584.38 33 Concrete around Driveway Pipes LS 1 $ 2,480.00 $ 2,480.00 $ 4,064.38 JUSTIFICATIONS: This final change order adds items that were warranted by field conditions unforseen in the design phase and brings all items to as -built quanitities. Item #32, Extend Drain Pipes, was needed because drain pipes found during construction had to be extended to various drainage structures. Item # 33, Concrete around Driveway Pipes, was needed due to a staking error on some driveway pipes, and concrete was added to correct this situation. CONTRACT PRICE: Original contract price: $268,229.50 Contract price as adjusted by previous change orders: $294,721.50 Current contract price due to this change order will be increased by: $4.294.41 The new contract price due to this change order will be: $299,015.91 CONTRACT TIME: Original contract time: ❑ Substantial Completion ❑ Final Completion Ninety (90) calendar days One hundred and twenty (120) calendar days Current contract time as adjusted by previous change orders: ❑ Substantial Completion : No Change ❑ Final Completion : No Change Change Order # 2 Final Commercial Street Reconstruction Page 2 of 3 Current contract time due to this change order will be increased by: ❑ Substantial Completion : No Change ❑ Final Completion : One hundred and seventy five(175) calendar days The new contract time due to this change order will be: ❑ Substantial Completion ❑ Final Completion APPROVALS REQUIRED: Ninety (90) calendar days Two hundred and ninety five (295) calendar days 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 of the Contract. Recommended by Abdulkader Alkadry, Project Manager Approved by l Jay tt4incel, City Engineer Approved by Dougla . Leslie, City Manager Accepted by For Fro ar r Concreters, Date ) 2 /2 7 /o -5 Date 1-11-2 7�Q � Date Jqr 4� Date Change Order # 2 Final Commercial Street Reconstruction Page 3 of 3 1�es. ? OS 7 RECEIVED