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HomeMy WebLinkAboutRES.2537.05-17-2010BILL NO. 10-61 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ARIZON AIRSTRUCTURES WORLDWIDE, LLC, FOR IMPROVEMENTS TO THE CAPE GIRARDEAU CENTRAL MUNICIPAL POOL, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Arizon Airstructures Worldwide, LLC, for improvements to the Cape Girardeau Central Municipal Pool. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS _/7�6DAY OF 20/J y E. Redige , Mayor CITY OF CAPE GIRARDEAU FABRIC STRUCTURE REPLACEMENT — CAPE GIRARDEAU CENTRAL MUNICIPAL POOL STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 17th day of May in the year 2010 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Arizon Airstructures Worldwide, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of... FABRIC STRUCTURE REPLACEMENT — CAPE GIRARDEAU CENTRAL MUNICIPAL POOL Article 2. DIRECTOR. The Director shall be defined as Daniel D. Muser, Director of Parks and Recreation, or his designee. He is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to DIRECTOR 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 by September 30, 2010 and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions, 60 days thereafter. 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 A-1 penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each day past September 30, 2010 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. Substantial completion shall be defined as the safe, beneficial occupancy by the owner and the public of the pool facility for its intended purpose. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.1 LUMP SUM CONTRACT AMOUNT: Three -hundred -seventy-eight thousand -six -hundred -eighty-three Dollars ($ 378,683.00 ) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by DRIECTOR 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 DIRECTOR, 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 DIRECTOR 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 DIRECTOR, and if the character and progress of the Work have been satisfactory to OWNER and DIRECTOR, OWNER, on recommendation of DIRECTOR, may determine that as long as A-2 the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as DIRECTOR 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 DIRECTOR 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 "TIM 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 DIRECTOR 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 DIRECTOR written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by DIRECTOR is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-7 inclusive). 8.2 Exhibits to this Agreement (pages BF- 1 to BF- 6 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title 13300 — Air Supported Structures 8.8 Drawings. 8.9 Post -Bid Addendum number 1 8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 6 , inclusive) marked exhibit 8.11 Documentation submitted by CONTRACTOR prior to Notice to Proceed (pages _to inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 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 A-5 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 Parks and Recreation Department's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These may be provided on a weekly basis or submitted monthly with each pay request. 9.6 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. M. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and DIRECTOR 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 DIRECTOR on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER City of Cape Girardeau Scott A. Meyer, City Manager 22 [CORPORATE SEAL] Attest Address for giving notices 410 Kiwanis Drive 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. , 2010 (which is the CONTRACTOR 4,gjZv.•,' ST2UC-7u;QE s LSC UlY1R5 J, SC"EE:-'(Ne, ✓, !%!: By: Ipla `�-a-�-e. [CO PORA SEAL] AttejL1��� Address_fef giving notice //880 I'O/Z SET -F FZo,4 r> 04A'YI- 4.10 I -AF -t F/TS, A10 &30113 License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) PROJECT MANUAL for FABRIC STRUCTURE REPLACEMENT CAPE GIRARDEAU CENTRAL MUNICIPAL POOL for CITY OF CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT 410 Kiwanis Drive Cape Girardeau, Missouri 63701 Wldei v lbc rover lm m -f ci l-bou,-+cllul lczle f MARCH 19, 2010 Project Manager Mf-% -f'-b CU and Associates, Inc. 4253 Edgewater Court, NW Kennesaw, GA 30144 (770) 424-1306 Fax: (770) 514-7071 CITY OF CAPE GIRARDEAU REPLACEMENT OF FABRIC STRUCTURE — CAPE GIRARDEAU CENTRAL MUNICIPAL POOL PROJECT IDENTIFICATION: The improvement consists of REPLACEMENT OF FABRIC STRUCTURE — CAPE GIRARDEAU CENTRAL MUNICIPAL POOL and all other appurtenances as specified in the bid documents for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: DANIEL D. MUSER, DIRECTOR CITY OF CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT 410 KIWANIS DRIVE 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 sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following: BF -1 I Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating t to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BiDDER accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BiDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BiDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. BF -2 (g) BIDDER has given Director written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by DIRECTOR is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price. c1,s« TOTAL BID FOR ALL Work $ 13rt"`A�,'"}:?.RIV ,��� Ai - ..7tC '2fL'+11 �)T�t <+Ft<4'1?��: 12<'✓rr-w AKG f<�'o".'"h r'7 + c..rM'rin r'+G �+.+Lc i_::-1:Qir tr:.4+•a,y Aev Cj rO�. vnt Tt,3� o Lin- ,"i,U h0f;s ir=T Y_L'r,��: ; ii a, SA xv ! Poen, i`Ir.•��-s�0 1.=; L,r7?- (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) BIDDER acknowledges that quantities are not guaranteed and final paymentwill be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within NO A' days calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 60 days thereafter. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. �Src i��ihG'r`A<fi/<c`r21S fj�c%r�'cS=�'� CC7l,•il�GtfT10.Y S+_x(�s�+f�c FiTT�cKEA BF -3 Anon :ncv,,?�aRA £, �y7-0 �y�s SjD- (b) Required BIDDER'S Qualification Statement with supporting data. (c) Any Addenda issued. 7. Communications concerning this Bid shall beaddressed to: Name %fuss l2ftEGiZ C� TOMAS /• SOENGEN Address //880 Do2SETT lc'oAD, 14AZY4,4.v® 11C1«rs, MO 63,0113 (a) Performance and Payment Bonding Company r Name f 2ANsco.v 7`/ �.�r%�rA t-fv Sv2ANCE Address 6010 Al. STATC ciRc (F L-e"+-cyt-,e,-n Agent\Power of Attorney Name (if used) My//! Address /`/f7 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 4P1e,rL 2-E3- 120-16). State Contractor License No. IF BIDDER is: An Individual By (SEAL) (individual's Name) doing business as Business address: Phone No.: A Partnership By Business address: (Firm Name) (General Partner) BF -4 SEAL) Phone No.: A Corporation c� By AR(zoy JT2yc"rop-cs G�oRG©ull4c', L.L-C. (SEAL) (Corporation Name) M1sSou21 / (Secfetary) Business address: 11660 vols a r 7- MA,ZY4akp / 6-iO .I 5 Phone No.: 3j4{ - 73J -- c) o 3 7 Date of Qualification to do business is A Joint Venture By (Name) (Address) By (Name) 6304'3 (Address) Phone Number and Address for receipt of official communications: SEAL) SEAL) (Each joint venturer must sign. The mannef of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BF -5 BREAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: A21zo,l 4.Jtcc ,yo -r tise Svf3CG�T/L�tcioe5 It is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Name of Company) N%+- (Type of Work) N114 CITY OF CAPE GIRARDEAU - FABRIC STRUCTURE REPLACEMENT — CAPE GIRARDEAU - CENTRAL MUNICIPAL POOL -Post-Bid Addendum - No. 1; May 5, 2010 The following conditions and stipulations are hereby given and become part of the Contract Documents: 1. Contract Forms stand on their own. Other bid attachments by Arizon are non-binding. 2. The Contract Amount shall cover the total scope, turn -key furnish and install, as bid and based on the listed deduct alternates (see the attached annotation) for a total contract amount of $378,683.00 3. A design snow load of 5lbs/sf shall be acceptable, based on an allowance for continuous melt. 4. Authorized change orders may use the labor rates listed in the Arizon bid attachments if they comply with the prevailing wage criteria. All other labor and expenses shall be part of the contract lump sum. 5. The proposed schedule, showing a substantial completion date of 9/30/2010, is acceptable; but an earlier date is desirable. 6. The base contract amount includes Arizon furnishing and setting 4 new pole lighting systems with 4 each lamps, using the existing power supplies. Arizon also agrees to re -set 3 existing pole light systems; but another electrical contractor for the Owner will set 3 new junction boxes with the appropriate full -voltage power supply for Arizon to connect to. 7. The existing masonry airlock at the bathhouse shall be removed by other contractors for the Owner in a timely manner for Arizon's access. The listed bid allowance of $5,000.00 (which has been included in the contract Amount) will cover any customization of the Airlock -box as necessary. 8. See the attached copy of one of the old project drawings that shows the existing masonry airlock to be replaced by the Arizon with a pre -fabricated box. Earlier proposals noted that the emergency exit door on the west side of the non -pressurized side of the airlock has to be included in the new box. The new box shall serve all of the functions shown on the attached drawing within the 10'0" x 15'1 /2" area shown on that drawing, including the revolving door, personal air -lock, and the side emergency exit door. Arizon agrees that this is included in the contract amount. 9. The Owner acknowledges that the detailed engineering design by Arizon of the structure shall be included in the project submittals. Certain details that were described in the Technical Specifications and Arizon's bid attachments may change as a result of that detailed engineering design; and Arizon must clearly enumerate any substantive differences in the cover over their submittals. The Specifying Engineer will consider these differences, and if approved by the Specifying Engineer, the changes listed in the submittal will take precedence over the earlier documents. 10. The schedule of payment requests shall be as mutually agreed upon. Approvable pay requests received by the 20th of each month will be paid by the Owner by the 10th of the following month. Pay requests must be accompanied by prevailing wage reports and other stipulated documentation. Acknowledged &Accepted: by /JU'�date.•,04 " 7 Zoi® Ar' on Stru tures Worldwide, LLC AMON Air, Frame, Tension Structures City of Cape Girardeau Central Municipal Pool Fabric Structure Replacement Price Breakdown April 27, 2010 Added Notes by Markey and Associates, Inc. The base bid price of the quote includes the following components. If desired, any of items 2-9 may be removed from the base bid price of the quote at its respective deduct price listed below: 1. Air Structure Package $315,547.00 ✓ 2. Performance Bond $6,508.00 ✓ 3. Pool Tarp & Tarp Installation $9,228.00 ✓ 4. Removal of Existing Dome X6,8.60.66- 5. Initial Installation of Arizon Dome' $26,400.00 ✓ 6. Removal of Existing Masonry DoorwayZ $5,000.00 ✓ 7. Spring 2011 Dismantling $16,000.00 ✓ 8. Fall 2011 Installation —$26,690.66- 9. Spring 2012 Dismantling $1.6,666.06- 10. Fall 2012 Installation $-2&0600.00 $45163— Contract Amount Awarded: $378,683 Footnotes 1. The estimate of $26,400.00 listed above is higher than the initial estimate included in our initial budgetary quote due to site conditions (diving board, support poles, etc.) that were unknown at the time the budgetary quote was prepared. 2. Arizon has included an allowance of $5000.00 in the bid for removal of the existing Masonry Doorway Structure which includes removal/cap of the electrical wiring within the structure, removal of the brick structure and trim, re-grout/sealing of the bathhouse structure's brick wall. The exact extent of soffit/him work required to be acceptable to the Owner is not fully understood. Hazardous material (asbestos) removal is not included in the allowance. Work deemed necessary to be acceptable but not described in the Specifications beyond the cost of the $5000 allowance may be added by agreed upon Change Order to the Contract. End of Notes XMWW* UAMCRMr 014 Alf Ramat xn CF oib A,r Air From-- rn`�pant., r r MrtcNIES Systems ; Hord€engSy>'.ernv� Tension5trv>tures �Lf1f o, 1 L 41 I i2 NiSHED A jp 1? VOOD iEADER =N %BOVE B 4`=5 3" ,. bi, 12' B D A C2 p til I CONCESSIONS II2' eLI7 AIRLOCK I E 16 r - W� 011 8 0 3_ AIRLOCK F2 III AA, 8 10 12 i $„ l 15`=1 „ KNOW ALL MEN BY THESE PRESENTS, that we Arizon Structures Worldwide, LLC, an Illinois Limited Liability Company with principal offices located at 11880 Dorsett Road, St. Louis, MO 63043 as Principal, hereinafter called the Principal and Transcontinental Indemnity Limited for or on behalf of Transcontinental Insurance Company, an Illinois Corporation with offices located at 606 North State Street, Litchfield, Illinois, 62056. A corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Cape Cirardeau as Obligee, hereinafter called the Obligee, in the sum of five hundred thousand dollars ($500,000.00). 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 the manufacturing and inflation of an air structure otherwise known as the Fabric Structure Replacement Cape Girardeau Central Municipal Pool for the City of Cape Girardeau Parks and Recreation Department located at 410 Kiwanis Drive, Cape Girardeau, Missouri, 63701. 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 oblige the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for with 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 27`h d y of April 2010. Principal Y (seal) Title' Witness � r, Surety l✓` IJ�,c''�' %l/ �i z (seal) Title -TAv U '6� �7) t i c Witness Z7 State of County of On Arz� -2 7, ; of o before me, a Notary Public and for said County and State, residing therein, duly commissioned and sworn personally appeared known to me to be Attorney -in -Fact of ha lX-'-"� the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I here hereunto set my and and affixed my official seal, the day and year stated in this certificate above. My commission expires: 'Lq ©l % Notary MY S"