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HomeMy WebLinkAboutRES.2453.05-18-2009BILL NO. 09-92 RESOLUTION NO. " K A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT WITH ASA ASPHALT, INC., FOR THE 2009 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 Interim City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with ASA Asphalt, Inc., for the 2009 Overlay Program, in the City of Cape Girardeau, Missouri. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS / DAY OF 20�. Ja (5e � Knudtson, Mayor CITY OF CAPE GIRARDEAU 2009 Overlay Program STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2009 by and 1between the City of Cape Girardeau, Missouri (h reinafter called OWNER) and {; i-#5.�11u,L . (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: a. PLANT MIX BITUMINOUS PAVEMENT- BP2- 2" • Ranney Ave. from Locust St. to Hackberry St. • Linden St. from Sprigg St. to Sturdivant St. • Optimist Dr. from Spartech Dr. to Lions Way • Jaycee Dr. from Optimist Dr. to 66' south of Spartech Dr • Kiwanis Dr. from Broadview St. to Jaycee Dr. • Locust from Pacific St. to Benton St. • Broadway from Forest Ave. to Perry Ave. • Clark from Marietta St. to the South for 470' • West Cape Rock Dr. from Perryville Rd. to Lexington Ave. • Themis St. from 62' east of Silver Springs Rd. continuing east for 775' • Cherry Hill Circle from Parkview Dr. to Parkview Dr. • Parkview Dr. from Perry Ave to West End Blvd. • Middle St. from Broadway to North St. • Lorimier St. from Independence to Broadway • Hanover St. from Independence St. to Good Hope St. • Hanover St. from Bloomfield St. to Jefferson Ave. • Hanover St. from College St. to Jefferson Ave. • Pacific St. from Morgan Oak to Jefferson Ave. • Sprigg St. from William St. to Hwy. 74 • Sprigg St. from Bertling St. to Lexington Ave. • Sprigg St. from Hwy 74 to 196' south of Southern Expressway • Giboney Ave. from Southern Expressway to Sprigg St. A-1 • West End Blvd. from New Madrid St. to Highland Dr. • Fountain St. from North St. to Olive St. • Southern Expressway from Sprigg St. going west for 425' b. CITY APPROVED MATERIAL -SUCH AS MICROSURFACING, THIN MIX, ETC- LESS THAN OR EQUAL TO 1 " • Sturdivant St. from Linden St. to Fort St. • Maple St. from Sprigg St. to Giboney c. PLANT MIX BITUMINOUS BASE COURSE- 3" • Water Plant #2 Parking Lot 3099 South Sprigg St 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 eighty five (85) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one hundred five (105) days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars $500.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars 500.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: One Million One Hundred Fifty Thousand Two Hundred Sixty Five Dollars and Seventy Two Cents ($ 1,150,265.72 ) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress 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 A-3 documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect 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-8 inclusive). 8.2 Exhibits to this Agreement (pages BF -1 to BF -8, 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 to45, inclusive). (EJCDC No. 1910-8 1990 Edition) With updated 2009 section 300 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title 2009 Overlay Program. FWAW 8.8 Drawings. 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -8 , inclusive) marked exhibit A 8.11 Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. ,.. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 The General Contractor shall provide to the City of Cape Girardeau City Finance 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 NO, 2009 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau Ken Eftink, Interim City Manager By: 4� 666i�k [CORPORA SEAL] Attest 0 Address for giving notices 2007 Southern Expressway 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 AS4 As^hu /� , J51i_ By: -7 [CORPORATE SEAL] Attest &look ( p"_� T3 rCJKG `Pu46 Fe t Address forgiving notices License No. A-7 r0 �ex /59 Advance, Aft, G 3 X30 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) CITY OF CAPE GIRARDEAU 2009 OVERLAY PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of pavement repair, crack sealing, striping (waterborne & thermoplastic), grading, milling, and overlay as indicated on the following streets. Any leveling courses will be paid at normal tonnage price. Striping plans will be issued to the successful bidder by public works. a. PLANT MIX BITUMINOUS PAVEMENT- BP2- 2" • Ranney Ave. from Locust St. to Hackberry St. • Linden St. from Sprigg St. to Sturdivant St. • Optimist Dr. from Spartech Dr. to Lions Way • Jaycee Dr. from Optimist Dr. to 66' south of Spartech Dr • Kiwanis Dr. from Broadview St. to Jaycee Dr. • Locust from Pacific St. to Benton St. • Broadway from Forest Ave. to Perry Ave. • Clark from Marietta St. to the south for 470' • West Cape Rock Dr. from Perryville Rd. to Lexington Ave. • Themis St. from 62' east of Silver Springs Rd. continuing east for 775' • Cherry Hill Circle from Parkview Dr. to Parkview Dr. • Parkview Dr. from Perry Ave to West End Blvd. • Middle St. from Broadway to North St. • Lorimier St. from Independence to Broadway • Hanover St. from Independence St. to Good Hope St. • Hanover St. from Bloomfield St. to Jefferson Ave. • Hanover St. from College St. to Jefferson Ave. • Pacific St. from Morgan Oak to Jefferson Ave. • Sprigg St. from William St. to Hwy. 74 • Sprigg St. from Bertling St. to Lexington Ave. • Sprigg St. from Hwy 74 to 196' south of Southern Expressway • Giboney Ave. from Southern Expressway to Sprigg St. • West End Blvd. from New Madrid St. to Highland Dr. • Fountain St. from North St. to Olive St. • Southern Expressway from Sprigg St. going west for 425' BF -1 b. CITY APPROVED MATERIAL -SUCH AS MICROSURFACING, THIN MIX, ETC- LESS THAN OR EQUAL TO 1" • Sturdivant St. from Linden St. to Fort St. • Maple St. from Sprigg St. to Giboney c. PLANT MIX BITUMINOUS BASE COURSE- 3" • Water Plant #2 Parking Lot 3099 South Sprigg St and all other appurtenances as specified in the bid documents for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE ST. CAPE GIRARDEAU, MO 63701 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 Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) B F-2 (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 as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BI DDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written BF -3 it -44t dtIIio n thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents tjI{;j wii+irc'ally sufficient to indicate and convey understanding of all terms and conditions for lim It n ming and furnishing the Work for which this Bid is submitted. (li) I his (aid is genuine and not made in the interest of or on behalf of any undisclosed poi tion, fir•rn or corporation and is not submitted inconformity with any agreement or rules I it filly QI-0U[) association, organization or corporation; BIDDER has not directly or indirectly lrttlm.ti.f or solicited any other Bidder to submit a false or sham Bid; BIDDER has not ci lli 11(id (.j( induced any person, firm or corporation to refrain from bidding; and BIDDER low i it d tiought by collusion to obtain for itself any advantage over any other Bidder or over Owldl I : 4: 111101 Iwill complete the Work in accordance with the Contract Documents for the 10--AlliWll1(.-1 price(s) UNIT PRICE BID ITIEM UNIT EST. UNIT TOTAL I rpt F: CA); it t'riini3 i:iisi) flow ii Caantrul Woliino Turn Arrows 8' I I tit,i i, u y tlitstic) Phipiiiu Stop Bars 24" Irhr=tiiitrrtlr�siic) ',.lo iwfilk Blocks 24" by 7' Illi mi'1111a01c) 14I1101igj LAngle yellow Line, Single *i iifi liiin 4" (waterbome) 0101-inq sklp White Line, Skip pil:,w I iiw 4" (Thermoplastic) +aloping E Inglo yellow Line, Single din Nita 4" (fihormoplastic) PRICE $ %q00 GAL 12475.8 QTY. !IV Approved Thin Lift Material TONS 248.6 Ij luminous Pavement Mixture BP - 2 TONS 13226.18 fill ltiew TONS 155.1 M11111til SY 49252 AdjnUt Manhole EA 31 Adjohl Wider Valve EA 23 I rpt F: CA); it t'riini3 i:iisi) flow ii Caantrul Woliino Turn Arrows 8' I I tit,i i, u y tlitstic) Phipiiiu Stop Bars 24" Irhr=tiiitrrtlr�siic) ',.lo iwfilk Blocks 24" by 7' Illi mi'1111a01c) 14I1101igj LAngle yellow Line, Single *i iifi liiin 4" (waterbome) 0101-inq sklp White Line, Skip pil:,w I iiw 4" (Thermoplastic) +aloping E Inglo yellow Line, Single din Nita 4" (fihormoplastic) PRICE $ %q00 GAL 12475.8 $ 3 0 0 GAL 188 $ S 00 LS 1 D as EA 26 $ &p" EA 64 $ ea EA 146 $ yS °O LF 1500 $ S LF 3920 LF 2330 $ s Alm EST. PRICE $ $ $ $ D $ 3,7, -Va ° $ qqa $ /00 b o O cD $ `-, $ �, S -7 `� � Afli'lliq 1)ouble yellow Line 4" Afjqi(-;qate Base LF SY SY TONS 10 1 AL BID FOR ALL UNIT PRICES 5754 I 940 V $ 159 $ 580 -7 -� 1:-/ 1 14 j I���s<g���%jl,.), S,/,X/;, acid (Written figure) hiftl mriount is to be shown in both words and figures. In case of discrepancy, the �.oftmt mhf)wn in words will govern. In case of error in extension, the unit and lump sum und"r 0ac -h Pay Item will be considered correct, and these sums when properly -4 I W, ithall constitute the Bid.) i ive been computed in accordance with paragraph 11.9.2 of the General 1• nuwledges that quantities are not guaranteed and final payment will be based Ili-intities determined as provided in the Contract Documents. 1,,' a9rees that the Work will be substantially complete within eighty five (85) frit'l tfmy-,% after the date when the Contract Times commences to run as provided in I if 1 3 of the General Conditions, and completed and ready for final payment in Iwith paragraph 14.13 of the General Conditions within one hundred five (105) -4 Ami d w- after the date when the Contract Times commences to run. 0 =x it 1, ii.t.c)pts the provisions of the Agreement as to liquidated damages in the event of n11 loto the Work within the times specified in the Agreement. it 0i iwinq documents are attached to and made a condition of this Bid: It in t id 13id Security in the form of bid bond or cashiers check. I 13IDDER'S Qualification Statement with supporting data. Atmda fdo issued. mw� shotis concerning this Bid shall be addressed to: BF -5 Address —PO 90,x V4 lit e- 230 (a) Performance and Payment Bonding Company Name ' Address Fe 731c ("e�(�,- l� ids . Z,� S -?yo')- 39c� Agent\Power of Attorney Name (if used) Address Fc 9ex_6l,� C:p-e- 6*1v-4i4ez". At 6 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 A/ko-u G , 2009. State Contractor License No. IF BIDDER is: An Individual By doing business as Business address: Phone No.: A Partnershi By (Individual's Name) (Firm Name) (SEAL) (SEAL) (General Partner) I Business address: Phone No.: A Corporation By sib Asp h4 I � y may, c , (SEAL) (Corporation Name) SSouV'1 (St oration) By (SEAL) (Name o(Person Authorized to Sign) (Title) (Corporate Sea[) Attest p� Pci (Secretary) Business address: f J0 ibt x- '44" 4"C2 Phone No.: s 73/ 7a 2 - 3/�� Date of Qualification to do business is 373E A Joint Venture By (SEAL) (Name) (Address) By (SEAL) (Name) (Address) MM to UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 (A Stock Company) BID BOND KNOW ALL BY THESE PRESENTS, that we ASA ASPHALT INC HVVY 25 S ADVANCE, MO 63730 as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 as Obligee, hereinafter called the Obligee, In the sum Of Five and 00/100 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 2009 OVERLAY PROGRAM 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 Mav 12009 ASA ASPHALT INC By (Seal) (PRI IPAL) (WITNESS) (TITLE) UNITED FIRE & CASUALTY COMPANY (Seal) (SURETY) t , (WITNESS) . TTORNEY-IN-FACT) Nancy Strser CONT 0001 0899 ACKNOWLEDGMENT OF SURETY State of Missouri County of Cape Girardeau On this 6th day of May 2009 Personally appeared before me Nancy Strauser who being duly sworn did depose and say that he/she is the attorney-in-fact of the United Fire and Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Nancy Strauser acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. Notary Public UND-2031 b PRISCILLA B. HUNTER Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission # 09520356 My Commission Expires April 20, 2013 UNITED FIRE & CASUALTY COMPANY Home Office — Cedar Rapids, Iowa Certified Copy of Power of Attorney (Original on file at Home Office of Company — See Certification) W0003736 Bond ObligeeCity of Cape Girardeau 4011ndependence Cape Girardeau, MO 63701 KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, consti- tute and appoint CHARLES W DECKER, OR SHARON GLASCO, OR ALAN H RAUSENBERGER, JASON RAUSENBERGER, CARBONDALE, IL, OR TODD A WARD, OR NANCY STRAUSER, OR PRISCILLA B HUNTER, ALL INDIVIDUALLY of, CAPE GIRARDEAU, MO 63701 its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sigh, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said .Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire August 28th, 2009 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -n -Fact. "The President or any Vice president, or any other officer of the Company, may. from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution w policies of insurance, bonds, undertakings and other obligatory instru- merits of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signa- ture of such officer and the original seal of the Company, to be valid and binding upon the company with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any bice President. the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. �µ IN WITNFSS WHEREOF, the UNITED FIRE &CASUALTY COMPANY has caused these presents to be signed by its vice ..president and its corporate seal to be hereto affixed this `����cAsur�Tr'y 29th day Of April 2009 =f CORPORATE °% UNITED FIRE & CASUALTY COMPANY Z By �� SEAL Vie President State of Iowa, County of Linn, ss: On this29th day of April 12009 before me personally came Dennis Richmann to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of loxva; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such Corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. V4ut 6 Mary A. Jansen Wfowl, lova Notarial Seal Commission number 713273 No6(y Publi hey Commission Expires 10i2Ri10 ;My Commission expires October 26, 2010 CERTIFICATION 1, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said origi-nals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 06th day of May 2009 o: CORPORATE SEAL Y� Secr tRAP r BPOA0041 102007 ",,M n UNITED FIRE & CASUALTY COMPANY UNITED LIFE INSURANCE COMPANY 118 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 EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION Comes now Roger Poythress as President first being duly sworn, on Name Office held my oath, affirm ASA Asphalt, Inc. Company Name is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to 2009 Overlay Program Project Name for the duration of the contract, if awarded in accordance with RSMo Chapter 285.530 (2). I also affirm that ASA Asphalt, Inc. Company Name does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services related to 2009 Overlay Program for the duration of the contract, if awarded. Project name In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo). Signature (person with authority) President Title Roger Poythress Printed Name 5- k4 -0S Date Subscribed and sworn to before me thisq� of -i-► 20 lam commissioned as a notary public within the County of Sc co State of and my commission expires on a - a y -13 Signature of Notary =p�pBG BROM to 2NOTARY �' _ My Comrnission Expires * * = Felxuary 24, 2013 SEAL Scott County Commission #09666747 nn��� - ergy f� Company ID Number: 187699 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and ASA Asphalt, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E -Verify). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E - Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U_S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 13JE-Verity MOU for Empioyer!Revision Date 10/29/08 r= -Verify Company ID Number: 187699 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888-464-4218. Employer ASA Asphalt, Inc. Roger Poythress Name (Please Type or Print) Electronically Signed Signature Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) Electronically Signed_ Signature Page 11 of 13JE-Verify MOU for ErmployerjRevision Date 10/29/08 Title 02/0512009 Date Title 0210512009 Date 2009 Overlay Program ki xzj r'v eet tW_'� 3 Brucker 23 e r s c a o rtlin9:., ooh ] q K�ys C a4 - rysl r y 3 C Alu 1) Ranney(Locust to Hackberry) 2) Linden(Sprigg to Sturdivant) 3) Sturdivant(Linden to Fort) I �' 4) Maple(Sprigg to Giboney) 2n` 5) Optimist(Spartech to Lionsway)' r 6) Jaycee(Optimist to 66' south of Spartech) 9 (s= 7) Water Plant #2 Parking Lot 8) Kiwanis(Broadview to Jaycee) ' e= Wain 9) Locust(Pacific to Benton) 10) Broadway(Forest to Perry)0 i Li 11) Clark (Marietta -To south for 470') n °, 12) West Cape Rock (Perryville to Lexington) 13) Themis (62' east of Silver Springs -go east for 775') 14) Cherry Hill Circle(Parkview to Parkview) 15) Parkview Parkview (Perry to West End) 111,25 16) Middle St. (Broadway to North) 17) Lorimier (Independence to Broadway) 18) Hanover(Independence to Good Hope) € M 19) Hanover(Bloomfield to Jefferson) 20) Hanover(College to Jefferson) 21) Pacific (Morgan Oak to Jefferson) efroi 22) Sprigg (William toHwy 74) 23) Sprigg (Bertling to Lexington) 24) Sprigg (Hwy 74 to 196' south of Southern Expressway 25) Giboney (Southern Expressway to Sprigg) j 26) West End (New Madrid to Highland Dr) 27) Fountain St. (North St. to Olive St.) 28) Southern Expressway(Sprigg to 425' to the West) 74 Ranney (Locust to Hackberry) ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" 'TONS ' 310.42 Tack Coat GAL 282.2 Type 5 Aggregate Base TONS 40 Manholes EA _ 3 Milling _ SY _ 187'; N WE S Linden (Sprigg to Sturdivant) 3 41 vt kf NI °�ttd ! <" s 9R ,,. ill" �' .; �'ym �!�•* � a .3' Sturdivant (Linden to Fort) � t oaf z l y � w F. 411 t ESTIMATED QUANTITIESEp Thin Lift Material - less than or equale to 1 TONS 72.6 Tack Coat ;GAL 132 (Manholes EA 1' Milling Sy _ 97" N WE 5 ���5 e*. h f ���5 .6 Maple (Sprigg to Giboney) Optimist (Spartech to Lionsway) Jaycee (Optimist to 66'south of Spartech) a€= ESTIMATED QUANTITIES ;Bituminous Pavement Mixture (BP 2)-2" ;TONS 82.5 Tack Coat GAL 75 Type 5 Aggregate Base T NS 40 Millin SY 70 N W+E S X Water Plant #2 Parking Lot ESTIMATED QUANTITIES Bituminous Pavement Mixture (Bit Base) -3" TONS 155.1 Prime Coat GAL 188' <type 5 Aggregate Base Tons 300 E Grading SY 940 N W E S Kiwanis (Broadview to Jaycee) RNA ESTIMATED QUANTITIES .� 1Bituminous Pavement Mixture (B0-2)-2" TONS 695.97 -�� Tack Coat GAL 632 7 ,Type 5 Aggregate Base TONS : 40- - _Milling SY 913 _. . Double Yellow (Thermoplastic) LF 750 �3 Single Yellow (Paint) LF i 1200 Skip w (Thermoplastic) LF 350 :Stop Bars (Thermoplastic) EANW 1 4114 201,r s Locust(Pacific to Benton) N W+E S Broadway (Forest to Perry) ................. 21 X­ I'Z 41 Jm; ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" TONSIF 1186.35 Tack Coat GAL 1078.5 Milling SY 5265 Solid White Line (Thermoplastic) LF 430 Skip White Line (Thermoplastic) LF 900 -Double Yellow (Thermoplastic) LF 1633 Left Turn Arrows (Thermoplastic) EA 5 Cross Walk Blocks (Thermoplastic) EA 39 Stop Bars (Thermoplastic) EA 17 2� Clark (Marietta -To south for 470' West Cape Rock Dr. (Perryville to Lexington) ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP-2)-2TONS 1641.2 t i GAL 1492 Milling SY 380 Manholes EA 10 W atervalves 2 Double Yellow Line (Thermoplastic) LF 700 ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP-2)-2TONS 1641.2 Tack Coat GAL 1492 Milling SY 380 Manholes EA 10 W atervalves 2 Double Yellow Line (Thermoplastic) LF 700 Skip Yellow Line (Thermoplastic) LF 820' Solid White Line (The11 rmoplastic) IF 800a Left Turn Arrows (Thermoplastic) EA 7 Stop Bars (Thermoplastic) EA 15. 'Cross Walk Blocks (Thermoplastic) ;EA 14 Themis St. (62' east of Silver Springs -go east for 775' Cherry H (ParkvieA VV iD F] ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" TONS 208.56 Tack Coat GAL 189.6 Single Yellow Line (Paint)_ mm T_ ALF 300 N W+E S Parkview (Perry to WestEnd) Middle St. (Broadway to North) Lorimier (Independence to Broadway) ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" TONS' 404.69 `Tack Coat GAL 367.9' Water vales � EA 3'+ Manholes _.... EA_ _.. _ ..... 2 Milling SY ..... ._.. _...3640= N W+E S Hanover(Independence to Good Hope) Hanover (Bloomfield to Jefferson) Hanover (College to Jefferson) 174.24 158.4 160 Pacific St. (Morgan Oak to Jefferson) Sprigg St. (William to Hwy 74) A-4 ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" TONS ` 877.58 Tack Coat GAL 797.8 Milling SY 7978 Left Tum Arrows (Thermoplastic) EA 9 fStop Bars (Thermoplastic) EA 17 Cross Walk Blocks (Thermoplastic) EA F, m_ a__.___. _ Double Yellow Line (Thermoplastic) LF 1533 y nn J 850 `i%' 4 s gb...+, -r ' tars �y� A r s Bituminous Pavement Mixture (BP -2)-2" TONS ` 877.58 Tack Coat GAL 797.8 Milling SY 7978 Left Tum Arrows (Thermoplastic) EA 9 fStop Bars (Thermoplastic) EA 17 Cross Walk Blocks (Thermoplastic) EA 64 m_ a__.___. _ Double Yellow Line (Thermoplastic) LF 1533 Solid White (Thermoplastic) LF J 850 Sprigg (Bertling to Lexington) ESTIMATED QUANTITIES N Bituminous Pavement Mixture (BP -2y2" TONS 1979.67 Tack Coat GAL 1799.7'' Milling Sy 9288 W E Double Yellow (Thermoplastic) LF 400 Yellow Skip Line (Thermoplastic) LF 810 Solid White Line (Thermoplastic) LF 250„ S Left Tum Arrows (Thermoplastic) EA 5 Stop Bars (Thermoplastic) EA 10` 74 4 V �a 4 z—j 4 s 2` 1 ESTIMATED QUANTITIES N Bituminous Pavement Mixture (BP -2y2" TONS 1979.67 Tack Coat GAL 1799.7'' Milling Sy 9288 W E Double Yellow (Thermoplastic) LF 400 Yellow Skip Line (Thermoplastic) LF 810 Solid White Line (Thermoplastic) LF 250„ S Left Tum Arrows (Thermoplastic) EA 5 Stop Bars (Thermoplastic) EA 10` 4 V �a x ESTIMATED QUANTITIES N Bituminous Pavement Mixture (BP -2y2" TONS 1979.67 Tack Coat GAL 1799.7'' Milling Sy 9288 W E Double Yellow (Thermoplastic) LF 400 Yellow Skip Line (Thermoplastic) LF 810 Solid White Line (Thermoplastic) LF 250„ S Left Tum Arrows (Thermoplastic) EA 5 Stop Bars (Thermoplastic) EA 10` Sprigg St. (Hwy74 to196' south of Southern Expressway) 7 ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" '_. 7_.�, TONS ' 1557.38; Tack Coat GAL 1415.8 Milling Sy 14158, Type 5 Aggregate Base ;TONS 20' Double Yellow Line (Thermoplastic) 'LF i 50 Skip Yellow Line (Thermoplastic) LF ) 850 ab({L ems,, s5s.. Giboney Ave. (Southern Expressway to Sprigg) ol 40 04 `. y / f ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" TONS 120.67 "Tack Coat GAL 109.7 =Milling SY 218 N WE S t ov i< fi ol 40 04 `. y / f ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" TONS 120.67 "Tack Coat GAL 109.7 =Milling SY 218 N WE S West End Blvd. (New Madrid to Highland Dr) 77 � c w � , a -.'fix s yi OIL I■,7 .., 1 77 14 a rr 7~ N 4 is �' eX f ,�• ESTIMATED QUANTITIES . Bituminous Pavement Mixture (BP -2)-2" TONS 352.22' Tack Coat GAL 320.2 Milling SY 998; Type 5 Aggregate Base SY 40 ' Manholes EA 4 Watervalves EA 2 Double Yellow Line (Thermoplastic) LF 263; Skip Yellow (Thermoplastic) LF " 190 y- - A Fountain St. (North St. to Olive St.) loft .......... M ........ 0111-0-1... S�''f `i Sa' . k A � ,� : k � �� w� •� art 3 l a ,.�` `�' i `,+�`: t 3�s w ESTIMATED QUANTITIES Bituminous Pavement Mixture (BP -2)-2" TONS a 947.65 Tack Coat GAL i 861.5 �� Milling SY 295 Asphalt Patch Sy 43 Manholes EA 3 Watervalves EA 5 ,.: � W E Southern Expressway (Sprigg St. to the west for 425')