HomeMy WebLinkAboutRES.2224.11-20-2006V
BILL NO. 06-247
RESOLUTION NO. �c�o7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DRURY COMPANIES,
INC., FOR ROOF REHABILITATION AT THE CAPE
GIRARDEAU REGIONAL AIRPORT
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 Drury Companies, Inc., to rehabilitate the roof
of the Cape Aviation hangar facility at the Cape Girardeau
Regional Airport. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS aU DAY OF , 20D(O
Gayle --L. Copra
City Clerk
e;0/0%
I 4��P�
Knudtson, Mayor
FORM OF
CONTRACT AGREEMENT
THE CITY OF CAPE GIRARDEAU, MISSOURI
State Block Grant Project No. 06-077A-3
THIS AGREEMENT, made as of this day of November, 2006, is
BY AND BETWEEN
the OWNER:
And the CONTRACTOR:
WITNESSETH:
Name: The City of Cape Girardeau, Missouri
Address: Cape Girardeau Regional Airport, Airport Road
City/State/Zip Code: Cape Girardeau, Missouri 63701
Name: Drury Company
Address: 4072 State Highway K; P.O Box 1544
City/State/Zip Code: Cape Girardeau, Missouri 63702
WHEREAS it is the intent of the Owner to make improvements at the Cape Girardeau Regional Airport generally
described as follows;
Partial Roof Replacement; Fixed Base Operator Facility
hereinafter referred to as the Project.
NOW THEREFORE in consideration of the mutual covenants hereinafter set forth, OWNER and CONTRACTOR agree as
follows:
Article 1— Work
It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the
CONTRACTOR by the OWNER, CONTRACTOR shall faithfully furnish all necessary labor, equipment, and
material and shall fully perform all necessary work to complete the Project in strict accordance with this
Contract Agreement and the Contract Documents.
Article 2 — Contract Documents
CONTRACTOR agrees that the Contract Documents consist of the following: this Agreement, General
Provisions, Supplementary Provisions, Specifications, Drawings, all issued addenda, Notice -to -Bidders,
Instructions -to -Bidders, Proposal and associated attachments, Performance Bond, Payment Bond, Wage Rate
Determinations, Insurance certificates, documents incorporated by reference, documents incorporated by
attachment, and all OWNER authorized change orders issued subsequent to the date of this agreement. All
documents comprising the Contract Documents are complementary to one another and together establish the
complete terms, conditions and obligations of the CONTRACTOR. All said Contract Documents are
incorporated by reference into the Contract Agreement as if fully rewritten herein or attached thereto.
Article 3 — Contract Price
In consideration of the faithful performance and completion of the Work by the CONTRACTOR in accordance
with the Contract Documents, OWNER shall pay the CONTRACTOR an amount equal to:
137 Rev. 03/01/06
$Fifty Four Thousand Five Hundred Ninety Two Dollars and Zero Cents ($54J92.00)
(Amount in Written Words) (Amount in Numerals)
subject to the following;
a. Said amount is based on the schedule of prices and estimated quantities stated in CONTRACTOR'S
Bid Proposal, which is attached to and made a part of this Agreement;
b. Said amount is the aggregate sum of the result of the CONTRACTOR'S stated unit prices multiplied by
the associated estimated quantities;
c. CONTRACTOR and OWNER agree that said estimated quantities are not guaranteed and that the
determination of actual quantities is to be made by the OWNER'S ENGINEER;
d. Said amount is subject to modification for additions and deductions as provided for within the Contract
General Provisions.
Article 4 — Payment
Upon the completion of the work and its acceptance by the OWNER, all sums due the CONTRACTOR by
reason of faithful performance of the work, taking into consideration additions to or deductions from the
Contract price by reason of alterations or modifications of the original Contract or by reason of "Extra Work"
authorized under this Contract, will be paid to the CONTRACTOR by the OWNER after said completion and
acceptance.
The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all claims
against the OWNER, arising out of, or by reason of, the work completed and materials furnished under this
Contract.
OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth in the
General Provisions. Progress payments shall be based on estimates prepared by the ENGINEER for the value of
work performed and materials completed in place in accordance with the Contract Drawings and Specifications.
Progress payments are subject to retainage requirements as set forth in the General Provisions.
Article 5 — Contract Time
The CONTRACTOR agrees to commence work within ten (10) calendar days of the date specified in the
OWNER'S Notice -to -Proceed. CONTRACTOR further agrees to complete said work within fifteen (15)
calendar days of the commencement date stated within the Notice -to -Proceed.
It is expressly understood and agreed that the stated Contract Time is reasonable for the completion of the
Work, taking all factors into consideration. Furthermore, extensions of the Contract Time may only be permitted
by execution of a formal modification to this Contract Agreement in accordance with the General Provisions and
as approved by the OWNER.
Article 6 — Liquidated Damages
The CONTRACTOR and OWNER understand and agree that time is of essence for completion of the Work and
that the OWNER will suffer additional expense and financial loss if said Work is not completed within the
authorized Contract Time. Furthermore, the CONTRACTOR and OWNER recognize and understand the
difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense.
Accordingly, in place of requiring such proof, the CONTRACTOR expressly agrees to pay the OWNER as
liquidated damages the non -penal sum of $200.00 per day for each calendar day required in excess of the
authorized Contract Time.
Furthermore, the CONTRACTOR understands and agrees that;
138 Rev. 03/01/06
C. The rights of each party under this Agreement shall not be assigned or transferred to any other person,
entity, firm or corporation without prior written consent of both parties;
d. OWNER and CONTRACTOR each bind itself, their partners, successors, assigns and legal
representatives to the other party in respect to all covenants, agreements, and obligations contained in
the Contract Documents.
Article 10 — OWNER'S Representative
The OWNER'S Representative, herein referred to as ENGINEER, is defined as follows:
Crawford, Murphy & Tilly, Inc.
One Memorial Drive, Suite 500
St. Louis, MO 63102
Said ENGINEER will act as the OWNER'S representative and shall assume all rights and authority assigned to the
ENGINEER as stated within the Contract Documents in connection with the completion of the Project Work.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed five (5) copies of this Agreement on the
day and year first noted herein.
OWNER
Name: The City of Cane Girardeau Missouri
Address: Cane Girardeau Regional Airport
Airport Road
Cane Girardeau MO 63701
By:
Signature
Title of Representative
ATTEST:
By:
Signature
Title
CONTRACTOR
Name: Drury Company
Address: 4072 State Highway K
P.O. Box 1544
Cape Girardeau MO 63702
By:
Signature
Title of Representative
ATTEST
By:
Signature
Title
140 Rev. 03/01/06
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909
(A Stock Company)
BID BOND
KNOW ALL BY THESE PRESENTS, that Iry Company, 4072 StateHighway K, PO Bok 1544, Cape Girardeau, MQ 63709
and the United Fire & Casualty Company, an Iowa corporation,
Principal, hereinafter called the Principal,
as Surety, hereinafter called Surety, are held and firmly
bound unto City of Cape Girardeau
as Obligee, hereinafter called 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
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Partial Roof Replacement, Fixed Base Operator Facility Cape Girardeau
Regional A mort-Project #06-077A-3
Now,Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract
documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor
and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give
such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to
perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 6th day of October
_ A.D. , 06
In the presence or.
(Wiauss)
CONT 00010798
(Seal)
�j UNITED FIRE & CASUIR
B Dou Mueller .
(Witness) Y
(Attorney -in -Fact)
's UNITED FIRE & CASUALTY COMPANY
HOME bFFICE = CEDAR RAPIDS, IO1N/
CERTIFIED COPY OF POWER QF ATTORNEY
(Original on file at Home Office of Company -See Certification)
'. "WALL MSN BY THESE PRESENTS, That the.UNITED FIRE & CAStiALTYCOMP ANY a corporatton;:duly _organized and existin
?' under the laws of the State df Iowa, and having its principal office in Cedar.apids;: State of lovya; does make, constitute and appoint g
�.
DQUfir E..: btUELLER, INDIVIDUALLY df. CAPE GIRARDEAU MO
4.ttstrueand Iewful Attgrney(srin act with powerand authbnty'hereby. coflferred 'to sign seal and eXeWute in its behalf all lawful bonds,
:....undertakings and other obligatory instruments ofaifnilar nature as follows; , 000; 00.0.00
and to bind:lJNITEi F1R�:& CASUALTY COMP,gNy. thereby.as. fully end tq the sante extent as if sudh;.instruinents were signed by.the
duly authorized officers of UNITED FIRE &CASUALTY COMPANY and all the acts of said Attome
;nron are hereby ratified a0d confirmed., y, pursuant to the authority hereby
` The Authotity heietsy gran#ed is conti#iuorxs.�nd shall: remain rjYfiiil;for`arid etfecf:uiifli,rekal<ti by UNITED FIRE &
.: CAS AI:TY COifAPANY
Th* Ower%`
`.r<. P ofAftarne` '
y. ismade<attl ex `
ecutef pursuan#:fib and :6
ptree#o.:bf the Gorr y euthoGita ofthe'.iollovGin g..- Mini cl I
pent'
'on Aprii`'1�, i' a Y
g
;Y � -AWY y. adopted b Beard of
Article V - Surety$onds and, UNddTtakuis••
Section 2, Appointment of Attorney in -Fact. 'The President or any Vice President, or any other`bfficefi'oftfie 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
nsitrnea 'bonds 'i4ridertakings and other obligatory instruments of like nature. The signature* of any-:officer.authoriz
.<:: ed hereby,
� ti :an. -,.ti% Qorporate Seat :tt y be affixed by facsimile to any power of attorney or special pqw of attorney or certifcatlon of
p . eith er auishonzed hereby,>such signature and seal, when so used, beingadopted b the Cofn eh ;as me:origlnal signature of
a
such officer end:the ongrnaiseal of the Company, to be valid and binding upon the Compan. ;with ktiesanie force and effect as
thiiugh manually affiieed. Such attomeys-in fact, subject to the limitations set forth in their espe . ve certifi&k}'s of authority
"§flail have full poWr:to.bind the Company by their signature and execution of any such instrd0k4 tts-and to'a%3cHthe seal.of
the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at
anytime revoke. 1, owerrattd authority s•: <> , qJ,.P previously given to any attorney-in-fact.
T
' a INf. WITIVS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has cai.tsed thesq present§.to be signed: by. .
< • ►...its;vice pX siiieiit and its corporate seal to be hereto affixed this 1st day o March,.;: 2A03'
r OdUTE
' .N.. UNITED FIRE & CASUAtTY.G011tIPA1yX:
� >3S1L
yy B' (�� "";'�N
x• tat .low , ottnty-,660 rS;`55 Y .. ; 7ise President .
< , . i003, iiefore me personally came Randy A. Ramlo r :
.w, t0 dawn, vvho;betng I?y duly. sworn, did depose and say; that he resides in Cedar Rapids, Sthfte 'of`lowa; that i e.is' ..Vice
` Presiilent`iif #fie UfJkTED PIRA &<CASUALTY COMPANY, the corporation described in and which exebut.i�io:thie ab'4'-:instiument . thii
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
�tQYatttho ' P
my given. pt' the:sQard of.I�irectprs c�f.said corpQrati.on and that.he signecj,h: arna;thefeto pursuant.to like authority, and
y: y aGtcr�owledges sema.to bg the act and deed of salt# cgrporatipp "
'��s►i s ;STTI Y4PDF
eejl;7tZ7;: " Notaij t?ibiic. �.f
.Y CO►YMf&BXPIfIEIt` �: Ally cornmF�sioh suw0,07
the; undersigned officerof t "g UN1TED FIRE & CASU T� COMP
; kie::l?cjwerof:}\tto e � .., ANY; o.he :`b" c, " :that I Miv,&�om :ar'dg the'fore oin c
M",`6 Y :@ fY 9..9 oPY:of:
. fit. en :FILE 14-,. and the;coPy of<the 3eotidh of tie by�ewsrof' afd dt�rripany a set<fortFi iri•said Power of Atforney, :
#fix ; uvittixthe ORDINALS bN BILE INZTHE HOME QFFICE: OF SA CE3MPANY; ,and ttlat tl : same are:;correct.transcri is
x ' tho7of the said. originals, and:khat the said F°Wer of Attorney his not beri'i'e5rvked and is noW frf full force Ona#tethereof
°t' and of
1►i testimortjrwhereof ! have`liereury 0 subschilfil 'my name anc'aifixetl'the corporat&`,Sd `of the said-40-ampany
this day of 20
t� �OV014TE
Secretary
SON D0619 0802 01
BIDDING AND CONTRACT DOCUMENTS
ADDENDUM NUMBER ONE
06-077A-3
DATE: OCTOBER 3, 2006
CAPE GIRARDEAU REGIONAL AIRPORT
06-077A-3
CRAWFORD, MURPHY, TILLY, INC.
ONE MEMORIAL DRIVE, SUITE 500
SAINT LOUIS, MISSOURI 63102
TO: ALL PLANHOLDERS
SUBJECT: PARTIAL ROOF REPLACEMENT; FIXED BASE OPERATOR FACILITY
This addendum forms a part of the bidding and contract documents, and modifies the original bidding
documents dated August 31, 2006. This addendum must be signed on the last page and included with
the submitted Bid Package. An acknowledgement sheet is also attached. This must be signed and
returned to Crawford, Murphy, & Tilly, Inc via fax or mail by October 6, 2006. FAILURE TO NOT
RECOGNIZE THE ADDENDUM ON THE BID FORM MAY SUBJECT THE BIDDER TO
DISQUALIFICATION.
The Contract Documents are revised as follows:
PROJECT DRAWINGS.-
ROOF
RAWINGS:ROOF PLAN
DELETE: This Sheet
ADD: Revised Sheet Attached
2 — EAVE/GUTTER DETAIL
DELETE: This Sheet
ADD: Revised Sheet Attached (2 — GUTTER AT LOW ROOF)
9 — GUTTER AT HIGH ROOF
ADD: New Sheet Attached
CONTRACT PROPOSAL:
Page 1 (Notice To Bidders)
DELETE from the Contract Time paragraph "fifteen (15) calendar days from the date of the Notice -To -
Proceed." and REPLACE with "forty-five (45) calendar days from the date of the issuance of the Notice -
To -Proceed, with a maximum of twenty-four (24) calendar days for the roof installation."
Page 34 (General Provisions)
DELETE from Section 80-08, under Allowed Construction Time, 15 calendar days" and REPLACE with
"24 calendar days".
Page 176 (Sample Notice To Proceed)
DELETE "not later than Ten (10) days" and REPLACE with "not later than twenty-one (2 1) days"
Page 128 (Proposal Form)
DELETE from paragraph g. Time of Performance, "commence work within ten (10) calendar days" and
REPLACE with "commence work within twenty-one (21) calendar days"
DELETE from paragraph g. Time of Performance, "fifteen (15) Calendar days" and REPLACE with
"twenty-four (24) Calendar days".
Page 138 (Form of Contract Agreement)
DELETE from Article 5 — Contract Time, first paragraph, "commence work within ten (10) calendar days"
and REPLACE with "commence work within twenty-one (21) calendar days".
DELETE from Article 5 — Contract Time, first paragraph, "within fifteen (15) calendar days" and REPLACE
with "within forty-five (45) calendar days (maximum of twenty-four (24) calendar days for roof
installation)".
ARCHITECTURAL:
Item #1 a. Replace the gutter and downspouts at the low roof at the North elevation
b. Provide two (2) sections of gutter with one expansion joint at the mid point.
C. Provide six (6) new downspouts (4" x 6") (plain, rectangular).
d. Existing downspouts are indicated on the updated Roof Plan.
e. Provide metal transitions from downspout to existing underground pipe.
f• Refer to attached detail for gutter size.
Item #2 a. Replace the gutter and downspouts at the high roof at the North elevation only.
b. Provide two (2) sections of gutter with one expansion joint at mid point.
C. Provide six (6) new downspouts (3" x 4") (plain, rectangular).
d• Space downspouts equally.
e. Provide transition 24" long at low roof.
f. Refer to attached detail for gutter size.
CLARIFICATIONS:
Calendar Days
The intent of the calendar day change is to allow approximately 21 calendar days for material fabrication
and delivery, and 24 calendar days for the installation of the roof. If materials are fabricated and
delivered, and installation commences before the 21 st calendar day, the 24 calendar days for installation
will begin on the first day of installation, resulting in a total number of days less than the originally allotted
45 total days. This will ensure a timely installation of the roof if the installation begins early.
Wage Rates
The higher of either the federal or state wage rate for each classification shall govern.
CRAWFORD, MURPHY, & TILLY, INC.
This Addendum consists of 2 pages plus a fax transmittal sheet, and 3 attached project drawings.
Signed
(Contractor)
Date
Contractor to sign and date this Addendum #1 to acknowledge receipt. This signed Addendum must be
included with the submitted Bid Package.
2
TPO ROOF MEMBRANE
1112'' THICK TOP LAYER
INSULATION,
LAP SPLICE FLASHING.
TPO METAL.
2 x 4 CONTINUOUS BLOCKING.
— PRESSURE TREATED 2 x 4
BLOCKING BETWEEN
STANDING SEAMS.
(VERIFY HEIGHT)
- LAG SCREW FOR NEW
GUTTER SUPPORT.
- REMOVE EXISTING
GUTTER SUPPORT.
W
]--REMOVE EXISTING METAL
- SCREW,
ROOF PANEL OVERHANG.
ATTACH WOOD
BLOCKING,
WATERBLOCK.
EXISTING METAL
ROOF PANELS.
1112FILL INSULATION
SCREEU.
BETUJEEN STANDING
SEAMS.
ATTACH WOOD c
BLOCKING TO
METAL BUILDING
ROOF PURL IN.
'REVISED DETAIL'
(:2 )
EXISTING METAL
WALL PANELS.
GUTTER TYFE 1
EXISTING GUTTER.
I
20 GA. GALVANIZED 5TEEL
fi REFIN15HED (DARK BRONZE)
GUTTER AT LOW ROOF
HALF 5CALE
Addendum Partial Roof Replacement - Fixed Base Operator Facility PROJECT ,06.32
John E. Godwin Drive Cape Girardeau, Missouri DATE 10.02.2006
Phillip�. 5�111$� D'�"'N BY pW CHECKED BY: PBS
REVISION DATES
ARCHITECT
101 South Farrar Drive, Suite 201 Cape Girardeau, Missouri 63701
Addendum
20 GA. GALVANIZED 5TEEL
P EPINI5NED (DARK BPONZE)
GUTTER T�-FE 2
OOF
QUARTER SCALE
ARCHITECT
101 South Farrar Drive, Suite 201 Cape Girardeau, Missouri 63701
PROPOSAL FORM
CITY OF CAPE GIIURDEAU, MO
State Block Grant Project No. 06-077A-3
TO: Bruce Loy, Airport Manager
Cape Girardeau Regional Airport
The undersigned, in compliance with the request for bids for construction of the following Project:
PARTIAL ROOF REPLACEMENT; FIXED BASE OPERATOR FACILITY
hereby proposes to furnish all labor, permits, material, machinery, tools, supplies and equipment to faithfully
perform all work required for construction of the Project in accordance with the project manual, project drawings
and issued Addenda within the specified time of performance for the following prices:
BID I FAA or
ITEM MoDOT
SPEC.
ITEM DESCRIPTION
N/A I Partial Roof Replacement,
1 FBO Facilitv
TOTAL BID (Base Bid)
BASE BID
APPROX.
QUANTITY UNIT PRICE EXTENSION
AND
UNITS
DOLLARS CTS DOLLARS CTS
Lump Sum $54, 592. 00
$54,592.00
ACKNOWLEDGEMENTS BY BIDDER
a. By submittal of a proposal, the BIDDER acknowledges and accepts the quantities established by the
OWNER are to fully complete the Project.
b. The BIDDER acknowledges and accepts that the Bid Documents are comprised of the documents identified
within the General Provisions. The BIDDER further acknowledges that each the individual documents that
comprise the Bid Documents are complementary to one another and together' establishes the complete terms,
conditions and obligations of the successful BIDDER.
C. As evidence of good faith in submitting this proposal, the undersigned encloses a bid guaranty in the form of
a certified check, cashier's check or bid bond in the amount of 5% of the bid price. The BIDDER
acknowledges and accepts that refusal or failure to accept award and execute a contract within the terms and
conditions established herein will result in forfeiture of the bid guaranty to the owner as a liquidated damage.
d. The BIDDER acknowledges and accepts the OWNER'S right to reject any or all bids.
e. The BIDDER acknowledges and accepts the OWNER'S right to hold all Proposals for purposes of review
and evaluation and not issue a notice -of -award for a period not to exceed sixty (60) calendar days from the
stated date for receipt of bids.
f. The undersigned agrees that upon written notice of award of contract, he or she will execute the contract
within ten (10) days of the notice -of -award, and furthermore, and provide executed payment and
127 Rev. 03!01/06
performance bonds within fifteen (15) days from the date of contract execution. The undersigned that failure to execute the contract and provide the required bonds within the stated timeframe shall result
forfeiture of the bid geed accepts
guaranty to the owner as a liquidated damage, m
g• Time of Performance: By submittal of this proposal, the undersigned acknowledges
to
commence work within ten (10) calendar days of the
issued by the OWNER. date specified in the written "Notice -to -Proceeds' as
days The undersigned further agrees to complete the Project within from the commencement date specified in the Notice -to -Proceed.
fifteen 15
( )Calendar
h• The undersigned acknowledges and accepts that for each and every Calendar day thero'e
incomplete beyond the contract time of performance, the Contractor shall pay the non -penal amount of
$200.00 per Calendar day as a liquidated damage to the OWNER. P Jct remains
i• The undersigned prime contractor, if not a MoDOT certified DBE, hereby assures that the
zero (0) percent of the dollar value of the
the DBE contract goaL In addition, thePrime
prune contract to DBE firms or make good they
will subcontract
efforts to meet
Provision No. 6 of the Federal and State Provisions) required y the DBE pro contractor will include the E clauses (see Supplementary
the city in all contracts and subcontracts relating to this by. gram adopted b
Participation information included herein, when a DBE goal has been establishe P Y MoDOT and
project The undersigned will complete the DBE
of good faith efforts if the DBE goal is not met. If theundersignedgoal
h
DBE fiincluding a demonstration
rm, then the prime contractorPrime contractor is a MoDOT certified
work with its own forces, and will receive DBE credit for ll work which the o
orm at least thirty percent (30 /) of the total contract value
MoDOT certified DBE fum performs directly.
prime contractor and any other
J• The BIDDER, by submission of a proposal, acknowledges that award of this contract i
Provisions of the David Bacon Act and the Missouri Prevailing Wage Law. The BIDDER accepts requirement to a s subject to the
pay prevailing wages for each classification and type of worker as established in the attached
issued
wage rate determinations as issued b
Labor Standards. The BIDDER y the United States Department of Labor and the Missouri Division of
Provision to a Rather acknowledges and accepts their requirement to incorporate the
pay the established prevailing wages in every subcontract agreement entered into b
under this project. The highest rate between the two (Federal and State) for each job classification
considered the prevailing y the Bidder
g wage' shall be
k• Compliance Reports (41 CFR part 60-1.7:
Contractor/Subcontractor shall file a compliance report (Standard 30 Form 100 iaward of
complete compliance report withinthis contract, the
12 months proceeding the date of award,) s/he has not submitted a
Contractor/Subcontractor meets all of the following conditions: This report is required if the
1. Contractors/Subcontractors are not exempt based on 4I CFR 60-1,5.
2. Has 50 or more employees.
3. Is a prime contractor or first tier subcontractor.
4. There is a contract, subcontract, or purchase order amounting to $50,000 or more
L The undersigned acknowledges receipt of the following addenda:
Addendum No.
-One_ dated 10/03/06
Addendum No.
dated
Addendum No.
dated
Addendum No,
dated
Addendum No,
dated
128
Date Received
Date Received
Date Received
Date Received
Date Received
Rev. 03/01/06
performance bonds within fifteen (15) days from the date of contract execution. The undersigned accepts
that failure to execute the contract and provide the required bonds within the stated timeframe shall result in
forfeiture of the bid guaranty to the owner as a liquidated damage.
g. Time of Performance: By submittal of this proposal, the undersigned acknowledges and agrees to
commence work within ten (10) calendar days of the date specified in the written "Notice -to -Proceed" as
issued by the OWNER. The undersigned further agrees to complete the Project within fifteen (15) Calendar
days from the commencement date specified in the Notice -to -Proceed.
h. The undersigned acknowledges and accepts that for each and every Calendar day the project remains
incomplete beyond the contract time of performance, the Contractor shall pay the non -penal amount of
$200.00 per Calendar day as a liquidated damage to the OWNER.
The undersigned prime contractor, if not a MoDOT certified DBE, hereby assures that they will subcontract
zero (0) percent of the dollar value of the prime contract to DBE firms or make good faith efforts to meet
the DBE contract goal. In addition, the prime contractor will include the DBE clauses (see Supplementary
Provision No. 6 of the Federal and State Provisions) required by the DBE Program adopted by MoDOT and
the city in all contracts and subcontracts relating to this project. The undersigned will complete the DBE
Participation information included herein, when a DBE goal has been established, including a demonstration
of good faith efforts if the DBE goal is not met. If the undersigned prime contractor is a MoDOT certified
DBE firm, then the prime contractor must perform at least thirty percent (30%) of the total contract value
work with its own forces, and will receive DBE credit for all work which the prime contractor and any other
MoDOT certified DBE firm performs directly.
j. The BIDDER, by submission of a proposal, acknowledges that award of this contract is subject to the
provisions of the David Bacon Act and the Missouri Prevailing Wage Law. The BIDDER accepts the
requirement to pay prevailing wages for each classification and type of worker as established in the attached
wage rate determinations as issued by the United States Department of Labor and the Missouri Division of
Labor Standards. The BIDDER further acknowledges and accepts their requirement to incorporate the
provision to pay the established prevailing wages in every subcontract agreement entered into by the Bidder
under this project. The highest rate between the two (Federal and State) for each job classification shall be
considered the prevailing wage.
k. Compliance Reports (41 CFR Part 60-1.7): Within 30 days after award of this contract, the
Contractor/Subcontractor shall file a compliance report (Standard Form 100) if s/he has not submitted a
complete compliance report within 12 months proceeding the date of.award. This report is required if the
Contractor/Subcontractor meets all of the following conditions:
L Contractors/Subcontractors are not exempt based on 41 CFR 60-1,5.
2. Has 50 or more employees.
3. Is a prime contractor or first tier subcontractor.
4. There is a contract, subcontract, or purchase order amounting to $50,000 or more
1. The undersigned acknowledges receipt of the following addenda:
Addendum No.
dated
Addendum No.
dated
Addendum No.
dated
Addendum No.
dated
Addendum No.
dated
Date Received
Date Received
Date Received
Date Received
Date Received
128 Rev. 03/01/06
REPRESENTATIONS BY BIDDER
By submittal of a proposal (bid), the BIDDER represents the following:
a. The BIDDER has read and thoroughly examined the bid documents including all authorized addenda.
b. The BIDDER has a complete understanding of the terms and conditions required for the satisfactory
performance of project work.
c. The BIDDER has fully informed themselves of the project site, the project site conditions and the
surrounding area.
d. The BIDDER has familiarized themselves of the requirements of working on an operating airport and
understands the conditions that may in any manner affect cost, progress or performance of the work
e. The BIDDER has correlated their observations with that of the project documents.
f. The BIDDER has found no errors, conflicts, ambiguities or omissions in the project documents, except as
previously submitted in writing to the owner that would affect cost, progress or performance of the work.
g. The BIDDER is familiar with all applicable Federal, State and local laws, rules and regulations pertaining
to execution of the contract and the project work.
h. The BIDDER has complied with all requirements of these instructions and the associated project
documents.
CERTIFICATIONS BY BIDDER
a. The undersigned hereby declares and certifies that the only parties interested in this proposal are named
herein and that this proposal is made without collusion with any other person, firm or corporation. The
undersigned further certifies that no member, officer or agent of OWNER'S has direct or indirect financial
interest in this proposal.
b. Certification of Non -Segregated Facilities (41 CFR Part 60-1.8)
The BIDDER, as a potential federally -assisted construction contractor, certifies that it does not maintain or
provide, for its employees, any segregated facilities at any of its establishments and that it does not permit
its employees to perform their services at any location, under its control, where segregated facilities are
maintained. The BIDDER certifies that it will not maintain or provide, for its employees, segregated
facilities at any of its establishments and that it will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. The Bidder agrees that a breach of this
certification is a violation of the Equal Opportunity Clause, which is to be incorporated in the contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment azeas, transportation, and
housing facilities provided for employees which are segregated on the basis of race, color, religion, or
national origin because of habit, local custom, or any other reason. The Bidder agrees that (except where it
has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain
identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity Clause and that it will retain such
certifications in its files.
c. Trade Restriction Certification (49 CFR Part 30)
The Bidder, by submission of an offer certifies that it:
1. is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms published by the Office of the United States Trade
Representative (USTR);
2. has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly
by one or more citizens or nationals of a foreign country on said list;
129 Rev. 03/01/06
3. has not procured any product nor subcontracted for the supply of any product for use on the project
that is produced in a foreign country on said list.
d. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (49 CFR Part 29)
The Bidder certifies, by submission of this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. It further agrees by submitting this proposal that it will
include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, it shall
attach an explanation to this solicitation/proposal.
e. Buy American Certification (Title 49 U.S.C. Chapter 501)
By submitting a proposal under this solicitation, except for those items listed by the Bidder below or on a
separate and clearly identified attachment to this bid/proposal, the Bidder certifies that steel and each
manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and
Manufactured Products for Construction Contracts) and that components of unknown origin are considered
to have been produced or manufactured outside the United States.
Bidder may obtain from the owner a listing of articles, materials and supplies excepted from this provision.
130 Rev. 03/01/06
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
The information shown in this section must be completed when a DBE contract goal has been established. The
percentage must equal or exceed the DBE contract goal. If the percentage is below the contract goal, then the bidder
must submit complete written documentation of good faith efforts taken to meet the DBE contract goal.
a. The undersigned submits the following list of DBE's to be used in accomplishing the work of this contract. The
work, supplies or services, applicable value and percent of total federal contract each DBE is to perform or
furnish is as follows:
b. Joint venture with a DBE. The undersigned submits the following list of bid items the DBE prime is responsible
for and any items that will be subcontracted out are noted with an asterisk or a similar notation. The work,
applicable value and percentage of total federal contract the DBE prime is responsible for are as follows:
DBE Name and Address
Bid Item
Numbers
()
Or Work
Performed
$ Value
of DBE Work
FApplicable
a
$Amount
Applicable to
DBE Goal
% of
Total
Federal
Contract
TOTAL
DBE PARTICIPATION
$
**Cannot exceed contract amount for given item of work.
(Please reproduce the above sheet if additional space is needed.)
131 Rev. 03/01/06
SIGNATURE OF BIDDER
The undersigned states that the correct LEGAL NAME AND ADDRESS of (1) the individual bidder,
partner or joint venturer (whether individuals or corporations, and whether doing business under a fictitious name
or (3) the corporation (with the state in which it is incorporated) are shown below; that (if not si signing and (2) each
intention to bind themselves to become responsible and sole bidder) they are the agent of, and they are d
executing this (as indicated in the proper spaces below) as the bid of a �g with the
()sole individual
( ) partnership ( ) joint venture
(.X) corporation, incorporated under the laws of state of Missouri
Executed by bidder this th day of October
20 06
Name of individual,
all partners
or joint venturers:
Address of each:
N/A
doing business under the name of
N/A
(If using a fictitious name, show this name
above in addition to legal names)
Drury Company
(If a corporation, show its name above)
ATTEST: (SEAL)
( ignature)
Kenneth J Dohogne, President
Please print name
Address of principal place of business in
Missouri:
P_n Box 1544
Cape Girardeau MO 63702
(Signature)
Please print name
(Title)
NOTE: If bidder is doing business under a
individual partners, jfictitious name, the bid shall be executed in the legal name of the
oint ventures, or corporation, with the legal address shown,
filed with the secretary of state, as required by sections 417.200 and registration of fictitious name
to 417
organized under the laws of Missouri, i .230 RSMo. If the bidder is a corporation not
t shall procure a certificate of authority to do business in Missouri, as
required by section 351.572 et seq RSMo.
132
Rev. 03/01/06
SIGNATURE OF BIDDER
The undersigned states that the correct LEGAL NAME AND ADDRESS of (1) the individual bidder, (2) each
partner or joint venturer (whether individuals or corporations, and whether doing business under a fictitious name),
or (3) the corporation (with the state in which it is incorporated) are shown below; that (if not signing with the
intention to bind themselves to become responsible and sole bidder) they are the agent of, and they are signing and
executing this (as indicated in the proper spaces below) as the bid of a
( ) sole individual ( ) partnership ( ) joint venture
( ) corporation, incorporated under the laws of state of
Executed by bidder this day of
Name of individual,
all partners
or joint venturers:
doing business under the name of.
(If using a fictitious name, show this name
above in addition to legal names)
(If a corporation, show its name above)
ATTEST: (SEAL)
(Signature) Secretary
Please print name
20
Address of each:
Address of principal place of business in
Missouri:
(Signature) (Title)
Please print name
NOTE: If bidder is doing business under a fictitious name, the bid shall be executed in the legal name of the
individual partners, joint ventures, or corporation, with the legal address shown, and registration of fictitious name
filed with the secretary of state, as required by sections 417.200 to 417.230 RSMo. If the bidder is a corporation not
organized under the laws of Missouri, it shall procure a certificate of authority to do business in Missouri, as
required by section 351.572 et seq RSMo.
132 Rev. 03/01/06
PERFORMANCE BOND
PRINCIPAL (Legal Name and Business Address)
SURETY (Legal Name and Business Address)
PENAL SUM OF BOND (Expressed in words and numerals)
BOND NUMBER
STATE OF INCORPORATION
CONTRACT DATE
OBLIGATION
KNOW ALL PERSONS BY THESE PRESENTS, that the above named PRINCIPAL, hereinafter referred to and called
CONTRACTOR, and the above named SURETY hereby bind themselves unto The City of Cape Girardeau, MO, Cape
Girardeau Regional Airport, Airport Road, Cape Girardeau, Missouri 63701, as OBLIGEE, hereinafter referred to and
called OWNER, in the penal sum stated above, in lawful money of the United States of America to be paid to OWNER. For
payment of the penal sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS,
CONTRACTOR has entered into the written contract agreement identified hereinabove with the OWNER for the following project:
Partial Roof Replacement; Fixed Base Operator Facility
Cape Girardeau Regional Airport, Cape Girardeau, Missouri
which said contract and associated contract documents, including any present or future amendment thereto, is incorporated
herein by reference and is hereinafter referred to as the Contract.
CONDITION
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly and
faithfully perform all undertakings, covenants, terms, conditions and agreements of the Contract during the original term of
the Contract and any extensions thereof that are granted by the OWNER, with or without notice to the SURETY, and during
the period of any guarantee or warranties required under the Contract, and if CONTRACTOR shall perform and fulfill all
undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that
hereafter are made, then this obligation shall be void; otherwise it shall remain in full force and effect subject to the
following additional conditions:
SURETY, for value received, hereby stipulates and agrees that no change, extension of time, modification,
omission, addition or change in or to the Contract, or the work performed thereunder or the specifications
accompanying the same, shall in any way affect the SURETY'S obligation on this bond; and SURETY hereby
agrees to waive notice of any and all such extensions, modifications, omissions, alterations, and additions to the
terms of the Contract, work or specifications.
2. Whenever CONTRACTOR shall be and declared by the OWNER to be in default under the Contract, the Surety shall
promptly and at the SURETY'S expense remedy the default by implementing one or more of the following actions:
a. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or
b. Undertake to perform and complete the Contract itself, through its agents or through independent
contractors; or
C. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract
for performance and completion of the Contract; arrange for a contract to be prepared for execution by the
133 Rev. 03/01/06
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 Contract; and
make available as work progresses (even though there should be a default or a succession of defaults
under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the penal sum of the bond. The term "balance of
the contract price", as used in this paragraph, shall mean the total amount payable by OWNER to
CONTRACTOR under the Contract and any amendments thereto, disbursed at the rate provided in the
original contract, less the amount properly paid by OWNER to CONTRACTOR.
d. With written consent of the OWNER, SURETY may waive its right to perform and complete, arrange for
completion or obtain a new contractor and with reasonable promptness, investigate and determine the
amount the SURETY is liable to the OWNER and tender payment therefor to the OWNER.
3. CONTRACTOR and SURETY agree that if in connection with the enforcement of this Bond, the OWNER is
required to engage the services of an attorney, that reasonable attorney fees incurred by the OWNER, with or
without suit, are in addition to the balance of the contract price.
4. No right of action shall accrue on this bond to or for the use of any person or corporation other than the OWNER
named herein or the successors or assigns of the OWNER.
WITNESS
In witness whereof, this instrument is executed this the day of 20
INDIVIDUAL PRINCIPAL:
Company Name:
Signature:
Name and Title:
CORPORATE PRINCIPAL:
ATTEST: Corporate Name:
Signature: Signature:
Name and Title: Name and Title:
(Affix Corporate Seal)
SURETY:
ATTEST: Surety Name:
Signature: Signature:
Name and Title: Name and Title:
(Affix Seal) (Attach Power of Attorney)
OWNER ACCEPTANCE:
The OWNER approves the form of this Performance Bond.
ATTEST: Date:
Signature: Signature:
Name and Title: Name and Title:
(Affix Seal)
134 Rev. 03/01/06
OBLIGATION
KNOW ALL PERSONS BY THESE PRESENTS, that the above named PRINCIPAL, hereinafter referred to and called
CONTRACTOR, and the above named SURETY hereby bind themselves unto The City of Cape Girardeau, MO, Cape
Girardeau Regional Airport, Airport Road, Cape Girardeau, Missouri 63701, as OBLIGEE, hereinafter referred to and
called OWNER, in the penal sum stated above, in lawful money of the United States of America to be paid to OWNER. For
payment of the penal sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS,
CONTRACTOR has entered into the written contract agreement identified hereinabove with the OWNER for the following project:
Partial Roof Replacement; Fixed Base Operator Facility
Cape Girardeau Regional Airport, Cape Girardeau, Missouri
which said contract and associated contract documents, including any present or future amendment thereto, is incorporated
herein by reference and is hereinafter referred to as the Contract.
CONDITION
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly make
payment to all employees, persons, firms or corporations for all incurred indebtedness and just claims for labor, supplies,
materials and services furnished for or used in connection with the performance of the Contract, then this obligation shall be
void; otherwise it shall remain in full force and effect subject to the following additional conditions:
1. CONTRACTOR and SURETY indemnify and hold harmless the OWNER for all claims, demands, liens or suits
that arise from performance of the Contract
2. SURETY, for value received, hereby stipulates and agrees that no change, extension of time, modification,
omission, addition or change in or to the Contract, or the work performed thereunder or the specifications
accompanying the same, shall in any way affect the SURETY'S obligation on this bond; and SURETY hereby
agrees to waive notice of any and all such extensions, modifications, omissions, alterations, and additions to the
terms of the Contract, work or specifications.
3. No final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
4. The amount of this bond shall be reduced by and to the extent of any payments made in good faith hereunder
5. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the
Contract and to satisfy claims, if any, under any 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
Contract are dedicated to satisfy obligations of the CONTRACTOR and the SURETY under this Bond, subject to
the OWNER'S priority to use the funds for the completion of the project.
135 Rev. 03/01/06
WITNESS
In witness whereof, this instrument is executed this the day of
INDIVIDUAL PRINCIPAL:
CORPORATE PRINCIPAL:
ATTEST:
Signature:
Name and Title:
SURETY:
ATTEST:
Signature:
Name and Title:
(Affix Corporate Seal)
(Affix Seal)
OWNER ACCEPTANCE:
The OWNER approves the form of this Payment Bond.
ATTEST:
Signature:
Name and Title:
(Affix Seal)
Company Name:
Signature:
Name and Title:
Corporate Name:
Signature:
Name and Title:
20
Surety Name:
Signature:
Name and Title:
(Attach Power of Attorney)
Date:
Signature:
Name and Title:
136 Rev. 03/01/06