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HomeMy WebLinkAboutRES.2172.05-01-2006BILL NO. 06-95 RESOLUTION NO. QC Ta' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC., FOR THE 2006 OVERLAY PROGRAM, 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 ASA Asphalt, Inc., for the 2006 Overlay Program, in the City of Cape Girardeau, Missouri. A copy of said Amendment is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS iS�-- DAY OF J �.udtso'n, Mayor 20_ CITY OF CAPE GIRARDEAU 2006 OVERLAY PROGRAM STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the e'' q day of ,c in the year 2006 by and between the City of Cape Girardeau, Missouri (he ein. er called OWNER) and ASA Asphalt, 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 overlay with two (2) inches of hot mix asphaltic concrete, curb and gutter repair, pavement repair, raising of manholes and valve boxes, crack sealing, striping, four (4) inches of hot mix concrete as indicated and other necessary appurtenances on the following streets: Silver Springs Road the rounda- bout; Southern Expressway bridge between Minnesota Avenue and West End Boulevard; Ranchito Drive at Kingsway Drive; Brookwood Drive from the intersection of Brookwood and Ridgeway to the cul-de-sac on Ridgeway Drive; Broadway from Houck Place to Pacific Street; Dumais Drive from Country Club to Timon Way; Hillcrest Drive from Country Club to Timon Way; Tillaree Lane from Lombardo to the end of Tillaree Lane; Second Street from Main Street to Water Street; Optimist Drive from Kiwanis Drive to Spartech Drive 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 one hundred twenty (120) 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 A-1 with paragraph 14.13 of the General Conditions within one hundred fifty ((15Ldays 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 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 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: Three hundred twenty-three thousand three hundred seventy-four and 26/100 dollars ($323,374.26) 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 A-2 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: 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". A-3 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 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 -7 , 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 2006 OVERLAY PROGRAM_. 8.8 Drawings. 8.9 Addenda numbers —to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -7 , inclusive) marked exhibit A 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 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. A-5 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. 9.5 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These may be provided on a weekly basis or submitted monthly with each pay request. 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 , 2006 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau Douglas K. Leslie, City Manager [CORPORATE SEAL Attest �RY�c C©11RAD, C 17Y 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 Agreement. CONTRACTOR ASA Asphalt, Inc. Sandra Rhodes. President By: jo9 ;/%��l c' [CORPORATE SEAL] Attest J'n -) ( JAk" I I" Address for giving notices P. O. Box 159 = Advance, MO 63730 License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT "A" CITY OF CAPE GIRARDEAU 2006 OVERLAY PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of the overlay with two (2) inches of hot mix asphaltic concrete, curb and gutter repair, pavement repair, raising of manholes and valve boxes, crack sealing, striping, four (4) inches of hot mix concrete as indicated and other necessary appurtenances on the following streets: Silver Springs Road the round -a -bout; Southern Expressway bridge between Minnesota Avenue and West End Boulevard; Ranchito Drive at Kingsway Drive; Brookwood Drive from the intersection of Brookwood and Ridgeway to the cul-de-sac on Ridgeway Drive; Broadway from Houck Place to Pacific Street; Dumais Drive from Country Club to Timon Way; Hillcrest Drive from Country Club to Timon Way; Tillaree Lane from Lombardo to the end of Tillaree Lane; Second Street from Main Street to Water Street; Optimist Drive from Kiwanis Drive to Spartech Drive 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: (a) BIDDER has examined and carefully studied the Bidding Documents and the following BF -1 Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER 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 asprovided 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. BF -2 (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) NO ITEM 1. Asphaltic Concrete 2, 3. 4. 5. 6. 7. 8. 9. 10 11 N Liquid Asphalt Milling Type 5 Aggregate Base Asphalt Patch Remove and Replace Curb Remove and Replace 6" PCC Alley/Driveway Remove and Replace Sidewalk Reinforced Concrete Lid Adjust Manhole Adjust Pipe End Adjust Valve UNIT PRICE BID UNIT EST. UNIT QTY. PRICE TONS GALLONS SY TONS SY LF SY SY EA EA EA EA 3095 ,-.3-00 5531 8011 156 227 964 270 502 2 7 2 4 B F-3 ? o0 $ 00 $ 0. $ y000 TOTAL EST. PRICE $ $ $ $ 2t 3go0• $ $ $ 13 Soo°° $ aS loo°° Q% 7l A� $ 5-0 00 13. 15"RCP LF 24 $--Lo ! _0 $ tfycD.°a 14. 15" FES EA 2 15. Striping — Stop Bars LF 20 $ f, 3 ° $ �4 ?• 16. Striping — Double Yellow Lines LF 934 $ $ V/0. 94 17. Striping — Tum Arrows EA 2 $ J6. $ Z o. 18. Striping — Parking Stalls EA 8 $ 3.40 $ a P 19. Striping — Single White Line LF 75 $ o 20. Ditch Grading LF 185 $ q. a o $ 21. Traffic Cameras LS 1 $ ,� 9� 000." - ao.'D $ y o o a .'� 22. Seed and Mulch LS 1 $ Soo " $ 00 23. Erosion Control LS 1 $ ,5' 0 a $ o o eo 24. Traffic Control LS 1 $ 5 0 0 so $ ; 0 0 00 TOTAL BID FOR ALL UNIT PRICES $ 3 3, (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 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 one hundred twenty 120 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 one hundred fifty 150 calendar days after the date when the Contract Times commences to run. AM, 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. (c) Any Addenda issued. 7. Communications concerning this Bid shall be addressed to: Name Twljk�T�c�_1�� — ALI Asd%al> Tnc Address Po Box I5-9 Ad V"ee, &0 X 3730 (a) Performance and Payment Bonding Company Name a AddressPo Vox -139oq cdar %2ad��lr sows 1�yae7 3po9 Agent\Power of Attorney Name (if used) ��d lc�ar�d - doh sol i d�.( Tnr Address fo RD Gly C'aae ,rardeau /bio �370a 8. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on Apr -'l aS , 200, State Contractor License No. IF BIDDER is: An Individual By doing business as Business address: Phone No.: (Individual's Name) BF -6 (SEAL) AyGn �y A Partnership By (SEAL) (Firm Name) (General Partner) Business address: Phone No.: A Corporation By AS -,4 AsA%a,/ �, I-nc , (SEAL) (Corporation Name) ' Ssour j (S too Incorporation) By SaKdrakodes Name of Person Authorized to Sin',"��t� r2Sj n (Title) (Corporate Seal) Attest Q6 Tnas - ; �k (S Business address: P o ao)c, 1S9 Phone No.: (5-7 3) 7 a a - 3/ 11 Date of Qualification to do business is A Joint Venture By [ e � /Vt (Name) 979 By (Address) (Name) (Address) MAR (SEAL) EAL) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BREAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: 5WAa,/tic Cohere, L dd iur aAh_ Aja a Susi aide' e -A ad �Y'd �/AIY"s� /S RCP 15" FE'S, difa4 gra.dIn41 , Sded t &a/cA e1^oS/Dh Can7�ro� C'ohroi It is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Name) (Type of Work) _�ll�l�e ��ert�.e� Fin�silevs onCref� F�vi�e� /�1�1�ina t lnc lY��l�ina _�lcbol� Pa. Z J Loi S"Vlr-e S�r�Oln9 BF -7 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 (A Stock Company) BID BOND :NOW ALL BY THESE PRESENTS, that ASA Asphalt, Inc. P.O. Box 159, Advance, MO 63730 Principal, hereinafter called the Principal, nd the UNITED FIRE & CASUALTY COMPANY , a corporation duly organized under the laws of the State of IOWA, s Surety, hereinafter called Surety, are held and firmly bound unto City of Cape Girardeau 101 Independence, Cane Girardeau, MO 63701 Obligee, hereinafter called Obligee, i the sum of 5% of Bid Amount** Dollars 5% of bid** ) for the payment of which sum well and truly to be made, the said principal and the said urety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents VHEREAS, the Principal has submitted a bid for 2006 Overlay Program foes, Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in :cordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with )od and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material fil{�aiet i the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or boAh s f "I rincipal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in sa>,d bila &-1 1� rger amount for which the Obligee may in good faith contract with another party to perform the work covered b}tsafk&d�th%W, ds obligation shall be null and void, otherwise to remain in full force and effect gned and sealed this 25th day of the presence of. (Witness) O`er (Witness) )NT 00010798 ASA Asphalt, Inc. JG ltietrAtLl+,At s (Ittte) Prts;deSt„ r �� UNITED FIRE & CASUALTY COMPy��1fI����., Fl By (Attomey-in-fact) ACKNOWLEDGMENT OF SURETY tate of Missouri ounty of Cape Girardeau On this 25th day of April 12006 ;rsonally appeared before me Todd A. Ward who being duly sworn did depose and say that he/she is the torney-in-fact of the United Fire and Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached strument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said arporation by authority of its Board of Directors and the said Todd A. Ward acknowledged that he/she :ecuted said instrument as such attorney-in-fact and as the free act and deed of said Corporation. fD-2031b 5i O Notary Public PRISCILLA B. HUNTER piAgj y Public, State of Missouri ,'�'�,�,:°�°•* Cape Girardeau County Commission # 05520356 �.,; s; ;.•� pares April 20, 2009 fD-2031b 5i O Notary Public ,M1,9.0802 01 UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY 11'8 SECOND AVENUE, S.E., P.O. BOX 73909 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 Le /17Z. RECEIVED e,V � my 0 9 200fi CHANGE ORDER # 1 PROJECT TITLE: 2006 Overlay Program CONTRACT DATE: June 12, 2006 CONTRACTOR: ASA Asphalt. In The following changes are hereby made to the Contract Documents: Part 1: ADDITIONAL ITEMS ITEM DESCRIPTION NO. UNIT QTY PRICE TOTAL 25 Hillcrest Drive Water Main Replacement Lump Sum 1.0 $ 33,000.00 $ 33,000.00 Asphaltic Concrete Total $ 33,000.00 Part 2: ADDITIONAL QUANTITIES ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 1 Asphaltic Concrete TONS 223.0 $ 53.00 $ 11,819.00 2 Liquid Asphalt GAL 430.0 $ 3.00 $ 1,290.00 3 Milling SY 245.0 $ 4.00 $ 980.00 4 Type 5 Aggregate Base TONS 35.0 $ 15.00 $ 525.00 5 Asphalt Patch SY 65.0 $ 40.00 $ 2,600.00 10 Adjust Manhole EA 2.0 $ 300.00 $ 600.00 12 Adjust Valves EA 1.0 $ 50.00 $ 50.00 Total $ 17,864.00 Total Cost 1 $ 50,864.00 ITEM DESCRIPTION: Item 25: Lump sum amount for materials, labor and all else necessary to install 1000 L.F. of 6" water line with 1 end flush and all necessary appurtenances. JUSTIFICATION: The existing 2" water line is currently ear marked for replacement under the 2" replacement program. To better coordinate the replacement of the waterline with the street overlay, the contractor was asked to submit a price for the installation of a 6" water line. The price includes the cost of installing 1000 L.F. of 6" water line with one end flush and all necessary appurtenances. The original cost estimate from ASA Asphalt is attached and a part of this change order. The additional quantities are for the Council Inquiry on Elm Street dated May 22, 2006 number 1655- jk. After looking into the inquiry, Locust Street was added to the current program. Change Order # 1 2006 Overlay Program Total of 2 Pages CONTRACT PRICE: Original contract price: $323,374.26 Current contract price due to this change order will be increased by: $50,864.00 The new contract price due to this change order will be: $374,238.26 CONTRACT TIME: Original contract time: ❑ Substantial Completion : One hundred and twenty (120) calendar days ❑ Final Completion : One hundred and fifty (150) calendar days Contract time due to this change order will be increased by: ❑ Substantial Completion : Thirty (30) calendar days ❑ Final Completion : Thirty (30) calendar days The new contract time due to this change order will be: ❑ Substantial Completion : One hundred and fifty (150) calendar days ❑ Final Completion : One hundred and eighty (180) calendar days APPROVALS REQUIRED: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project or may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Date 1' 31JAJ CZ't � Date Date �ZD - Al Date l41,�jti)C Z00(o Change Order # 1 2006 Overlay Program Total of 2 Pages - Recommended by John fJdrick, Project Manager Approved by y Stencel, Cit Engineer Approved by uglas Leslie, City Manager Accepted by ? x�� FoKASKAspha ;1nc. Date 1' 31JAJ CZ't � Date Date �ZD - Al Date l41,�jti)C Z00(o Change Order # 1 2006 Overlay Program Total of 2 Pages PtAol-30-06 TUE 11:29 AM ASA ASPHALT, INC- po Box 159 ADVANCE, MO 63730 57,31722-3111 5731722-3666 FAX T 0'. e! .......... FAX # .............. TOTALPAGES -------- -?.-I--------- inciudhio :over ' '13AA 5 , 3v- .?'�IQINEII P.01 IaAY-30-06 TUE_j 1 :29 AM 8:1 141%10�1 35j�1i'1*"'-'q ASPHALT �� Y1iCy'j 20025 ASA Drive P.O. 13ox 159 Ad�,,a-,,'? 637',X-, May 30, 2006 City of Cape Girardeau PO Box 617 Gape Girardeau, MO 63702 RE- Hillcrest Drive Water Main Extension P. 02 T 1,fP.phofie 573-722.3111 - ASA Asphalt, Inc. will suPPIY all rrat;�!rials; labor tnfor0isik', and iqstafl , 1000 LF of 6" water main including� 1 flush valve hydrant asQ�t.n-,-NY 3 6" gate valves includes patching back all conerc-i'le and 1000 LF 6" water main @ K, Dwight Taylor ASA Asphalt, Inc. DRIVEWAYS PARKING ASSPFAALT `STALING CHANGE ORDER # 2 PROJECT TITLE: 2006 Overlay Program CONTRACT DATE: June 12. 2006 CONTRACTOR: ASA Asphalt, Inc. The following changes are hereby made to the Contract Documents: Part 1: ADDITIONAL ITEMS ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 26 T' P.C. Concrete Pavement and Removal SY 258.0 $ 50.00 $ 12,900.00 27 6" P.C. Concrete Island SF 390.0 $ 4.14 $ 1,614.60 28 Mobilization LS 1.0 $ 1,725.60 $ 1,725.60 29 jAdditional Traffic Control for the Roundabout LS 1.0 $ 1,200.00 $ 1,200.00 Total $ 17,440.20 ITEM DESCRIPTION: Item 26: This item includes all excavation, saw cuts, aggregate base, placement of 7" P.C. concrete pavement, and all necessary appurtances to complete the work as directed by the Engineer. Item 27: The existing concrete island has to be removed with the street. This cost is to replace the existing concrete island. Item 28: Additional mobilization cost to move specialized equipment for the work described herein. Item 29: Additional traffic control needed to perform the work described herein. JUSTIFICATION: This change order is for the improvements to the round -a -bout. Included in this change order is to remove a section of the street and island on the North side of the round -a -bout. The street will be removed and lowered to remove a high section of the street. CONTRACT PRICE: Original contract price: $323,374.26 Current contract price due to previous change orders: $374,238.26 Current contract price due to this change order will beincreased by: $17,440.20 The new contract price due to this change order will be: $391,678.46 Change Order # 2 2006 Overlay Program Total of 2 Pages VP CONTRACT TIME: Original contract time: Substantial Completion _ Final Completion Contract time due to previous change orders: Substantial Completion Final Completion One hundred and twenty (120) calendar days One hundred and fifty (150) calendar days One hundred and fifty (150) calendar days One hundred and eighty (180) calendar days Contract time due to this change order will beincreased by: Substantial Completion : Zero (0) calendar days Final Completion : Zero (0) calendar days The new contract time due to this change order will be: Substantial Completion : One hundred and fifty (150) calendar days Final Completion : One hundred and eighty (180) calendar days APPROVALS REQUIRED: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project or may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Recommended by Johfi Hedrick, Project Manager Approved by , City Engineer Approved by Douglas Leslie, City Manager Accepted by Date l sn'!i -) : Date z&/1W Date 7,11� Date/ Change Order # 2 2006 Overlay Program Total of 2 Pages CHANGE ORDER # 3 PROJECT TITLE: 2006 Overlay Program CONTRACT DATE: June 12, 2006 CONTRACTOR: ASA Asphalt, Inc. The following changes are hereby made to the Contract Documents: Part 1: ADDITIONAL ITEMS ITEM DESCRIPTION UNIT QTY NO. PRICE TOTAL 30 1 %2" BP2 Asphalt Overlay SY 7,910 $ 5.37 $ 42,476.70 Total $ 42,476.70 ITEM DESCRIPTION: Item 30: This item includes all labor, materials including asphalt and tack, butt joints and other necessary appurtances to complete the work as directed by the Engineer. JUSTIFICATION: This change order is for the overlay portion of the improvements to the Dowtown Parking Lot which was originally bid as a separate project. However, due to some confusion with the asphalt overlay description in the documents for the Downtown Parking Lot, it was decided to delete the overlay portion out of that contract and add it to the current overlay program. CONTRACT PRICE: Original contract price: $323,374.26 Current contract price due to previous change orders: $391,678.46 Current contract price due to this change order will be increased by: $42,476.70 The new contract price due to this change order will be: $434,155.16 CONTRACT TIME: Original contract time: ❑ Substantial Completion ❑ Final Completion One hundred and twenty (120) calendar days One hundred and fifty (150) calendar days Change Order # 3 2006 Overlay Program Total of 2 Pages Contract time due to previous change orders: ❑ Substantial Completion ❑ Final Completion One hundred and fifty (150) calendar days One hundred and eighty (180) calendar days Contract time due to this change order will be increased by: ❑ Substantial Completion : Zero (0) calendar days ❑ Final Completion : Zero (0) calendar days The new contract time due to this change order will be: ❑ Substantial Completion : One hundred and fifty (150) calendar days ❑ Final Completion : One hundred and eighty (180) calendar days APPROVALS REQUIRED: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project or may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Recommended by Date o 7/G o A) for John Hedrick, Project Manager Approved by Date 7/a c�p� Jay Stencel, City Engineer Approved by Date '--1-2/ G6 ouglas Leslie, City Manager Accepted by Date — For ASA A alt, Inc. Change Order # 3 2006 Overlay Program Total of 2 Pages CHANGE ORDER # 4 PROJECT TITLE: 2006 Overlay Program CONTRACT DATE: June 12 2006 CONTRACTOR: ASA Asphalt, Inc. The following changes are hereby made to the Contract Documents: Part 1: ADDITIONAL ITEMS ITEM DESCRIPTION NO. UNIT QTY PRICE TOTAL 31 Same side of street water connection EA 3 $ 570.00 $ 1,710.00 32 Opposite side of street water connection EA 5 $ 1,530.00 $ 7,650.00 Total I $ 9,360.00 ITEM DESCRIPTION: Item 31: This item includes all labor, materials and other necessary appurtances to complete the work as directed by the Engineer. Item 32: This item includes all labor, materials including street patches and other necessary appurtances to complete the work as directed by the Engineer. JUSTIFICATION: An existing 2" water line along Hillcrest Drive was scheduled for replacement under the 2" replacement program. This street was placed on the 2006 Overlay Program and, in order to not have to tear up a new overlay, it was decided to ask the overlay contractor to submit a price for the installation of a 6" water line. The price of installing 1000 L.F. of 6" water line with one end flush and all necessary appurtenances was included in Change Order #1 as Item 25. The connections of the homes to the new water line need to be made and, in order to expedite this, this contractor has also been asked to make these connections. The original cost estimate from ASA Asphalt is attached and made part of this change order. CONTRACT PRICE: Original contract price: $323,374.26 Current contract price due to previous change orders: $434,155.16 Current contract price due to this change order will be increased by: $9,360.00 The new contract price due to this change order will be: $443,515.16 Change Order # 4 2006 Overlay Program Total of 3 Pages Y CONTRACT TIME: Original contract time: ❑ Substantial Completion ❑ Final Completion Contract time due to previous change orders: ❑ Substantial Completion ❑ Final Completion One hundred and twenty (120) calendar days One hundred and fifty (150) calendar days One hundred and fifty (150) calendar days One hundred and eighty (180) calendar days Contract time due to this change order will be increased by: ❑ Substantial Completion : Zero (0) calendar days ❑ Final Completion : Zero (0) calendar days The new contract time due to this change order will be: ❑ Substantial Completion : One hundred and fifty (150) calendar days ❑ Final Completion : One hundred and eighty (180) calendar days APPROVALS REQUIRED: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project or may otherwise be required under the terms of the Supplementary General Conditions of the Contract. ,.r Recommended by Approved by Approved by Accepted by Change Order # 4 glas Leslie, City Manager rASA sphal0 nc. 2006 Overlay Program Date tJc Date Date Date Total of 3 Pages AUG -10-06 THU 08:46 AM ASA ASPHALT 15737223666 P. 02 ASPIMI "I", INC, 20025 ASA Drive P.O. Box 159 Advance, MO 63730 Telephone 573-79-2.3111 July 6} 2006 City of Cape Girardeau i PQ Box 617 Cape Girardeau, NTO 63702 RE: IVWtwA'VKVd Nater Service Connections ASA Asphalt, Inc. will supply all labor, materials and equipment to install and hook up all water service connections: If on same side of street as water Main 95.74.00 each If on opposite side of street from water main S1530.00 each Sincerely, Dwight T Y1,0 `- DT1sl DRIVEWAYS PARKING LOTS PATCHING ASPHALT SEALING CHANGE ORDER # 5 PROJECT TITLE: 2006 Overlay Program CONTRACT DATE: June 12. 2006 CONTRACTOR: ASA Asphalt, Inc. The following changes are hereby made to the Contract Documents: Part 1: ADDITIONAL QUANTITIES ITEM DESCRIPTION NO. UNIT QTY PRICE TOTAL 2 ILiquid Asphalt GAL 535.0 $ 3.00 $ 1,605.00 33 lAsphaltic Concrete TONS 278.0 $ 60.00 $ 16,680.00 Total 1 $ 18,285.00 JUSTIFICATION: This Change Order is intended to pave the gravel service road to the Old Lorimier Cemetery and the gravel parking lot for Washington Park to reduce maintenance and provide a more usable parking area. These two locations are high maintenance areas because stormwater runoff damages the gravel surface constantly. CONTRACT PRICE: Original contract price: $323,374.26 Current contract price due to previous change orders: $443,515.16 Current contract price due to this change order will beincreased by: $18,285.00 The new contract price due to this change order will be: $461,800.16 CONTRACT TIME: Original contract time: ❑ Substantial Completion : One hundred and twenty (120) calendar days ❑ Final Completion : One hundred and fifty (150) calendar days Contract time due to previous change orders: Substantial Completion : One hundred and fifty (150) calendar days Final Completion : One hundred and eighty (180) calendar days Change Order # 5 2006 Overlay Program Total of 2 Pages Y Contract time due to this change order will bein creased by: ❑ Substantial Completion : Zero (0) calendar days ❑ Final Completion : Zero (0) calendar days The new contract time due to this change order will be: ❑ Substantial Completion : One hundred and fifty (150) calendar days ❑ Final Completion : One hundred and eighty (180) calendar days APPROVALS REQUIRED: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project or may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Recommended by Date f 5C?706& JbIhn Hedrick, Project Manager Approved by Jay Stencel, City Engineer Approved by Douglas Leslie, City Manager F / Accepted by c tom. F6r ASA Asphalt, Inc. Change Order # 5 2006 Overlay Program Date 2/ {� Date l`00"0 Date Total of 2 Pages CHANGE ORDER # 6 PROJECT TITLE: 2006 Overlay Program CONTRACT DATE: June 12, 2006 CONTRACTOR: ASA Asphalt, Inc. The following changes are hereby made to the Contract Documents: Part 1: ADDITIONAL QUANTITIES ITEM NO. DESCRIPTION UNIT QTY PRICE TOTAL 34 First Street Extra Work LS 1.0 $ 9,054.001$ 9,054.00 Total $ 9,054.00 JUSTIFICATION: The purpose of this change order is to allow payment to the contractor now for the extra work on First Street instead of waiting for adjustments in a final change order after completion of the entire Overlay Program. The work performed by the contractor is as follows: milled a 320' by 20' area, made a 150' by 53' parking lot, graded 165 LF of ditch and placed 7 loads of dirt on First Street as well as seed and straw the area. This work was done with the Conservation Boat Dock. CONTRACT PRICE: Original contract price: $323,374.26 Current contract price due to previous change orders: $461,800.16 Current contract price due to this change order will be increased by: $9,054.00 The new contract price due to this change order will be: $470,854.16 CONTRACT TIME: Original contract time: ❑ Substantial Completion : One hundred and twenty (120) calendar days ❑ Final Completion : One hundred and fifty (150) calendar days Contract time due to previous change orders: ❑ Substantial Completion : One hundred and fifty (150) calendar days ❑ Final Completion : One hundred and eighty (180) calendar days Change Order # 6 2006 Overlay Program Total of 2 Pages Contract time due to this change order will be increased by: ❑ Substantial Completion : Zero (0) calendar days ❑ Final Completion : Zero (0) calendar days The new contract time due to this change order will be: ❑ Substantial Completion : One hundred and fifty (150) calendar days ❑ Final Completion : One hundred and eighty (180) calendar days APPROVALS REQUIRED: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project or may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Recommended by Approved by J tencel, City Engineer Approved by D glas Leslie, City Manager Accepted by _e z For ASA Asp It, Inc. Change Order # 6 2006 Overlay Program Date 3 O0'?V0& Date 147 D Date ,�D- 9 , d6 Date Z6— S —d� Total of 2 Pages Y CHANGE ORDER # 7 & FINAL PROJECT TITLE: 2006 OVERLAY PROGRAM CONTRACT DATE: MAY 12, 2006 CONTRACTOR: ASA ASPHALT, INC. The following changes are hereby made to the Contract Documents: Part l: All Contract Items are adjusted to As Constructed Quantities and Prices. UNIT COMPLETED NO ITEM OTY• UNIT PRICE PRICE 1. Asphaltic Concrete 3,096.63 TONS $ 53.00 $ 164,121.39 2. Liquid Asphalt 3,030.00 GALS $ 3.00 $ 9,090.00 3. Milling 8,858.60 S.Y. $ 4.00 $ 35,434.40 4. Type 5 Aggregate Base 32.79 TONS $ 15.00 $ 491.85 5. Asphalt Patch 567.60 S.Y. $ 40.00 $ 22,704.00 6. Remove and Replace Curb 1,135.00 L.F. $ 25.00 $ 28,375.00 7. Remove and Replace 6" PCC 401.70 S.Y. $ 50.00 $ 20,085.00 Alley/Driveway 8. Remove and Replace Sidewalk 471.00 S.Y. $ 50.00 $ 23,550.00 9. Reinforced Concrete Lid 2.00 EACH $ 100.00 $ 200.00 10. Adjust Manhole 10.00 EACH $ 300.00 $ 3,000.00 11. Adjust Pipe End 1.00 EACH $ 200.00 $ 200.00 12. Asphalt Valve 7.00 EACH $ 50.00 $ 350.00 13. 15" RCP 24.00 L.F. $ 60.00 $ 1,440.00 14. 15" FES 2.00 EACH $ 250.00 $ 500.00 15. Striping - Stop Bars 24.00 L.F. $ 1.30 $ 31.20 16. Striping - Double Yellow Lines 1,060.00 L.F. $ .44 $ 466.40 17. Striping - Turn Arrows 1.00 EACH $ 10.00 $ 10.00 18. Striping - Parking Stalls 14.00 EACH $ 3.60 $ 50.40 • CHANGE ORDER # 7 & FINAL 2006 OVERLAY PROGRAM Page 2 of 3 19. Striping - Single White Line 20. Ditch Grading 21. Traffic Cameras 22. Seed and Mulch 23. Erosion Control 24. Traffic Control 25. Hillcrest Drive Water Main Replacement 26. 7" P. C. Concrete Pavement and Removal 27. 6" P. C. Concrete Island 28. Mobilization 29. Additional Traffic Control for the Round -a -bout 30. 1'/z' BP2 Asphalt Overlay 31. Same side of street water connection 32. Opposite side of street water connection 33. Asphaltic Concrete 34. First Street Extra Work 306.00 L.F. $ .22 $ 67.32 446.00 L.F. $ 4.00 $ 1,784.00 1.00 EACH $ 29,000.00 $ 29,000.00 1.00 L.S. $ 500.00 $ 500.00 1.00 L.S. $ 500.00 $ 500.00 1.00 L.S. $ 500.00 $ 500.00 1.00 LUMP $ 33,000.00 $ 33,000.00 SUM 246.7 S.Y. $ 50.00 $ 12,335.00 384.60 S.F. $ 4.14 $ 1,592.24 1.00 L.S. $ 1,725.60 $ 1,725.60 1.00 L.S. $ 1,200.00 $ 1,200.00 7,602.70 S.Y. $ 5.37 $ 40,826.50 3.00 EACH $ 570.00 $ 1,710.00 5.00 EACH $ 1,530.00 $ 7,650.00 344.26 TONS $ 60.00 $ 20,655.60 1.00 L.S. $ 9,054.00 $ 9,054.00 JUSTIFICATION: The quantities listed are the As Constructed amounts for all items utilized in this project. No new items are added in this Change Order. CONTRACT PRICE: Original contract price: $ 323,374.26 CHANGE ORDER # 7 & FINAL 2006 OVERLAY PROGRAM Page 3 of 3 Contract Price as amended by previous change orders: $ 470,854.16 Current contract price due to this change order will be increased by: $ 1,345.74 The new contract price due to this change order will be: $ 472,199.90 CONTRACT TIME: Original contract time: Substantial Completion one hundred twenty (120) calendar days Final Completion one hundred fifty (150) calendar days Contract time as modified by previous change orders: Substantial Completion one hundred fifty (150) calendar days Final Completion one hundred eighty (180) calendar days Contract time due to this change order shall not be changed: Substantial Completion Final Completion zero (0) calendar days zero (0) calendar days The contract time due to this change order will remain the same as previous: Substantial Completion one hundred fifty (150) calendar days Final Completion one hundred eighty (180) calendar days APPROVALS REQUIRED: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project or may otherwise be required and r the terms of e Supplementary General Conditions of the Contract. Recommended byDate Approved by Date spy sr �, e,ry cmr.1ArE;,e Approved by Date Accepted by ` �% �. h/� F7L- } '' Date ` ^l Fa.r2 /3 /� SPN.gLTj 1VL'.