Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Res.3543.04-03-2023
BILL NO. 23-45 RESOLUTION N0. 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC., FOR SHERWOOD DRIVE/HOOD DRIVE/BROOKWOOD DRIVE DRAINAGE IMPROVEMENTS, 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 Fronabarger Concreters, Inc., for the Sherwood Drive/Hood Drive/Brookwood Drive Drainage Improvements Project, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes or amendments as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF r/� , 2023. Stacy Kin , M yor ATTEST: az6o'x -�" Bruce Tayl , Deputy City Clerk DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B CITYOfCAPE •• R ! AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The City of Cape Girardeau ("Owner") and Fronabarger Concreters, Inc. Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ("Contractor") 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: removal of existing concrete sidewalk, concrete curb and gutter, concrete and asphalt pavement, storm sewer piping and structures and reinforced concrete box culverts, construction of a new 12' x 4' precast concrete box culvert, a new 14' x 4' cast in place concrete box culvert, installation of storm sewer improvements, flat bottom ditch construction, site restoration and any other related construction items as stated in the Specifications or shown on the Project Plans prepared by Bowen Engineering & Surveying, Inc. and Dated February 10, 2023 for the City of Cape Girardeau, Missouri. ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Sherwood Dr. / Hood Dr. / Brookwood Dr. Drainage Improvements ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Bowen Engineering & Surveying, Inc. who shall be known as the Owner's Consultant, but will serve no role as the Owner's representative for this Project unless otherwise specified herein. 3.02 The City Engineer or the City Engineer's 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B A. The Work will be substantially completed within 180 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $, 1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 1,000 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE S — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 10th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil. Engineers. All rights reserved. Page 2 of 7 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by Missouri's Public Prompt Payment Act. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents, B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. If applicable, Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and if applicable, the Site -related reports and drawings identified in the Contract Documents, with respect to EJCDC10 C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. 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. H. 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. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7 , inclusive). 2. Performance bond (pages_ to_, inclusive). 3. Payment bond (pages _ to _, inclusive). 4. General Conditions and Supplementary Conditions (pages 1 to 66 , inclusive). 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of 21 sheets with each sheet bearing the following general title: Sherwood Dr. / Hood Dr. / Brookwood Dr. Drainage Improvements . 7. Addenda (numbers 1 to 1 , inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages BF -1 to BF -4 , inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Affidavit of Compliance with Prevailing Wage EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 4 of 7 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B f. Contractor's Warranty g. Contractor's Affidavit Regarding Settlement of Claims B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. Bidder must submit a completed Certification Regarding Debarment, Suspension and other Responsibility Matters as attachment to the Bid. For the purposes of this Paragraph 10.05; 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee°, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on 4/13/2023 g (which is the Effective Date of the Contract). OWNER: City of Cape Girardeau f,.—Si,-d by: r k� OW 5GE6.:iFF.x1.4B By: Dr. Kenneth Haskin Title: Citv Manager DocuSigned by _ Attest: 1 x _ . . Title: City Clerk Deputy City Address for giving notices: Development Services Department, City Hall 44 N. Lorimier Street Cape Girardeau, MO 63703 CONTRACTOR: Fronabarger Concreters, Inc. EocuSignetl by: i� �Rt��iin By: David McMullin Title: President (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) DocuSigned by: Attest: �&Lw �scus,.c. Cleffhe: Kelly Tucker Secretary Address for giving notices: Fronabarger Concreters, Inc. 3290 State Highway E Oak Ridge, MO 63769 License No.: (where applicable) EJCDCa C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B City of Cape Girardeau Sherwood Dr. / Hood Dr. / Brookwood Dr. Drainage Improvements Project #6262 Bid Form - Please fill out unit pricing here. Item # Description Quantity Unit Unit Price Totaf Price 1 MOBILIZATION 1 LS $46,000.00 $46,000.00- 2 TEMPORARY TRAFFIC CONTROL 1 LS $3,500.00 $3,500.00 3 TEMPORARY CONSTRUCTION EXIT DRIVE 1 EACH $1,250.00 $1,250.00 4 REMOVAL OF EXISTING IMPROVEMENTS 1 LS $19,200.00 _ $19,200.00 5 CLEARING, GRUBBING AND TRIMMING 0.1 ACRES $35,000.00 $3,500.00 6 7 FABRIC SILT FENCE INLET PROTECTION DEVICE 325 7 LF EACH $4.00 $150.00 $1,300.00 $1,050.00 8 TURF REINFORCEMENT MAT, TYPE 2 1,050 SY $18.00 $18,900.00 9 EARTHWORK - EXCAVATION 910 CY $15.00 $13,650.00 10 EARTHWORK - EMBANKMENT 865 CY " $15.00 $12,975.00 11 SEEDING AND MULCH 0.53 ACRES $8,500.00 kI b05.0 $474697-30 12 8" DUCTILE IRON SEWER PIPE 72 LF $225.00 $16,200.00 13 7" P.C. CONCRETE PAVEMENT -STREETS AND ALLEY 1,460 SY $100,00 _ $146,000.00 14 6" P.C. CONCRETE PAVEMENT- DRIVEWAYS 105 SY $95.00 $9,975.00 15 4" P.C. CONCRETE SIDEWALK 79 SY $81.00 $6,399.00 16 TRUNCATED DOMES 10 SF $25.00 _ $250.00 17 3'x 3' AREA INLET 1 EACH $3,500A0 $3,500.00 18 3'x 2' COMBINATION INLET 2 EACH $4,000.00 19 9'x 2' TRIPLE COMBINATION INLET 2 EACH $5,800.00 _$8,000.00 $11,600.00 20 3'x 3' JUNCTION MH 1 EACH $3,500.00 $3,500.00 21 15" STORM SEWER PIPE 47 LF $100,00 $4,700.00 22 18" STORM SEWER PIPE 70 LF $120.00 $8,400.00 23 24" STORM SEWER PIPE 26 LF $125.00 $3,250.00 24 30" STORM SEWER PIPE 10 LF $150.00 $1,500.00 25 MAKE CONNECTION TO EXISTING STORM SEWER 3 EACH $1,500.00 $4,500.00 26 PRECAST CONCRETE BOX CULVERT (12'x 4') 1 LS $95,000.00 $95,000.00 27 CAST IN PLACE CONCRETE BOX CULVERT (14'x 4') 1 LS $163,000.00 $163,000.00 28 MODOT TYPE "A" PIPE COLLAR 2 EACH $2,500.00 $5,000.00 29 UNSUITABLE SOILS REMEDIATION 270 CY $45.00 $12,150.00 30 30" THICK MODOT TYPE I ROCK BLANKET 360 SY $70.00 $25,200.00 31 PERMANENT EROSION CONTROL GEOTEXTILE 360 SY $5.00 $1,800.00 32 MISCELLANEOUS UTILITY ITEM ADJUSTMENT 1 LS$5,000,00 $5,000.00 Total Bid _66f�,780 tocode _I,54:01) DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Exhibit A CITYOfCAPE PROJECT IDENTIFICATION: The project Improvements consist of: removal of existing concrete sidewalk, concrete curb and gutter concrete and asphalt pavement, storm sewer piping and structures and reinforced concrete box culverts, construction of a new 12' x4' precast concrete, box culvert, a new 1,-4'.x 4' cast in place concrete box culvert, installation of storm sewer improvements, flat bottom ditch construction, site: restoration and any other related construction Items as stated In the Specifications or shown on the Project Plans prepared by Bowen Engineering & Surveying, Inc, and Dated. February 10, 2023 for the City of !Cape Glrardea% Missouri. CONTRACT.IDE:NTIF'ICATION: Project Name: Sherwood Dr. f Hood Dr, / Brookwood Dr. Drainage Improvements City'Project Number: 6262 Issue Date: February 10, 2023 FJCDCI'CAxl4, Aid, Form for Construction Contracts. copyright 0 2019 National society of Professional Engineerap American Council -of Engineering Companies;. and American Society. of Civil Engineers, All rights reserved, Page I DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B TABLE OF CONTENTS Paige ARTICLE1— Bid Recipient... ........... .................................................... .......................................................... x ARTICLE2 -- Bidder's Acknowiedgements.....................................................................................................1 ARTICLE3 — Bidder's Representations........,,................................................................................................1 ARTICLE4 — Bidder's Certification................................................................................................................. 2 ARTICLE5 — Basis of Bid.................................................................................................. 2 ARTICLE5 —Time ofCompletion ................................................................................................................... 3 ARTICLE7 —Attachments to this Bid.............................................................................................................3 ARTICLE8 —Defined Terms...........................................................................................................................3 ARTICLE9 — Bid Submittal ................... ............. ..... .... .............. ............ I'll ......................... I ... ,.,..,.,...,.,,..,....,, 3 EX1101 6-A1Q,.8id Ferm'for Construction Contracts. copyright 0.1013 National Society of ProfessionalEngineers, American Cauncil of Engineering Campaules, and American.SoclotyofCiullEngineers, All rights.reserveO, Page 11 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to through the City's E -Procurement system. 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included In the Bidding Documents to perform all. Work as specified or Indicated in the Bidding Documents for the prices and within the times.indicated in this Bid and In accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the. terms and conditions of the Instructions to Bidders, including without I imitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 50 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE --BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum Date B, Bidder has visited. the Site, conducted a thorough, alert visual:.examination of the Site and adjacent areas, and became familiar with and satisfied 7itself as to :the general, local, and Site conditions that may affect cost, progress, and performance.of the Work. C, Bidder is farriiliar with and `has satisfied itself as to all Laws and"Regulations that may affect cost, progress, and performance: of the Work. D. Bidder has carefully studied all, if any: (1) reports of -;explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data In such reports and drawings, and ,(2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the supplementary Conditions, especially with respectto Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors_ doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost,progress, and performance of the Work; (2) the means, methods, techniques, sequences, .and procedures of construction to be employed by Bidder, and (3) Bidder's safety precautions and programs, EJCDCq t 410, Bid Form for Construction Contracts. Copyright 0 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American- Society of civil Engineers. All rights reserved. page DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder 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 Bidding Documents. H. Bidder has given Owner written notice of all conflicts; errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Owner is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made In the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D.Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For -the purposes of this Paragraph 4.01.D 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b)to establish bid prices at artificial non-competitive levels, or (c) to deprive:. Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the.knowledge of Owner_, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE 5 - BASIS OF BID 5.01 Bidder will complete the Work. in accordance with the Contract Documents for the price(s) documented on the &Procurement Bid Form. EJCDC® C4160 Std Form for Construction Contracts. Copyright© 2013 National Society of Professional Engineers, American Council of Engineering companies, and American Society of Civil Engineers. All rights reserved. Page 2 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 — TIME OFCOMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 —ATTACHMENTS TO THIS BID 7.01 The following documents are submitted With and made a condition of this .Bid: Required Bid security; ✓B. Evidence of authority to do business In the :state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; C.. If applicable, Contractor's License No.: [or] Evidence of Bidder's ability to obtain a State Contractor's License and a covenant by Bidder to Obtain said license within the time for acceptance of Bids; _1 Required Bidder Qualification Statement with supporting data, Affidavit of Work Authorization; efr Affidavit of OSHA Training; Anti -Discrimination Against Israel Act Certification; and Certification Regarding Debarment, Suspension and Other Responsibility Matters, ARTICLE 8 — DEFINED TERMS 8:o1 The terms used in this Bid with Initial capital letters have the meanings stated In the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 BID SUBMiTT'AL BIDDER: [indicate correct name of bidding entity] By: [Signature] [Printed name] 1l Aa (If Bidder is a corporation, a lh evidence of authority to sign.) liability company, a partnership, ora joint venture, attach EJCDCm C-410, Bid Form for construction Contracts. Copyright.(? 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved: Rage 3 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Attest: [Signature] kw [Printed name] i -c -cll I I R Cr—CA— Title: Submittal Date: 2_® 7_3 Address forgiving notices: 3 ZIO S- rv-_ &Aq MQ 637(j Telephone Number: 1573- 2(oL - 3.21 D Fax Number: X77 3 - � Iib ^ 3:28.5 Contact Name and e-mail address: 41L A A1._1-10 day ort 03OWCA 9be- Bidder's License No.: IXO U (where EJCDC°0410, Bid Form for Construction Contracts. Copyright.® 2013 National Socletyof Professional Engineers; American' Council of Engineering Companies, andAmerican Society ofrCivil Engineers. All rights reserved. Page 4 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B 1.1 PROJECT INFORMATION A. Project Name: Sherwood Dr./Hood Dr./Brookwood Dr. Drainage Improvements B. Owner: City of Cape Girardeau, MO C. Owner Project Number: 6262 D. Engineer: Bowen Engineering & Surveying, P.C. E. Date of Addendum: March 10, 2023 W1111111111111,01 A. This Addendum is issued to all registered plan holders pursuant to the Instructions to Bidders and Conditions of the Contract. This Addendum serves to clarify, revise, and supersede information in .the Project Manual, Drawings, and any previously Issued Addenda. Portions of the Addendum affecting the Contract Documents will be incorporated into the Contract by enumeration of the Addendum in the Owner/Contractor Agreement. B. The Bidder shall acknowledge recelpit of this Addendum In the appropriate space on Page 1 of the Bid Form. C. The -date for receipt of bids is unchanged by this Addendum; bids are due at the same time and location as given in the Notice to Bid. 1.3 GENERAL A. This Addendum,provides clarifications as a result of the mandatory pre-bid meeting on March 1, 2.023 and questions received. 1.4 ATTACHMENTS A. None. 1.5 REVISIONS TO PREVIOUS ADDENDA A. None. 1.6 REVISIONS TO PROJECT MANUAL Page I of 3 Addendum One March 10, 2023 Sherwood Dr. I Hood Dr. / Brookwood Dr. Drainage Improvements Project - #6262 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B ARTICLE 1— BiD RECIPIENT 1.01 This Bid is submitted to through the City's E -Procurement system. 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times Indicated in this Bid and In accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No, Addendum Date •� X10 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent. areas, and become familiar with and satisfied itself as to the general, local., and Site conditions that may affect cost, progress; and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all, if any: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequence's, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. EJCDC° C-410, Bid Form for Construction Contracts. Copyright O 2013 National society of Professional Engineers; American Council of Engineering companies; and American society of Civil Engineers. All rights reserved. Page 1 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B A. None, 1.8. REVISIONS TO DRAWING SHEETS A. None. 1.7 COMMENTS AND CLARIFICATIONS A. Please remember to acknowledge this Addendum on Page 1 of the Bid Form and, upload the Bid Form Into the eProcurement system. -- B. A Missouri Tax Exempt Certificate will be provided to the successful bidder. C. State prevailing wage rates apply. The wages shall 'be as Indicated on Missouri State Wage Order No. 29. There are no Federal wage rate requirements for this project. D., Liability insurance limits for worker's compensation, :employers liability, owners protective liability, commercial liability and com prehens:lve automobile liability shall not be less than those amounts shown on pages OC -22 & GC -23 of the General Conditions ($3,258,.368 per occurrence and $488,755 each person.). Please don't forget to also include under the coverage the City of Cape Girardeau and Stantec as Additional Insureds as stated on page GC -22 (Ownera.-nd Engineer). E. Please note the forms to submit with your 'bid (affidavit of work authorization, affidavit. of OSHA training, anti -di scriminatio crimination against Israel act certification, and certification regarding debarment). If theise items are not submitted or ,8ubmit-ted:ldcorrectly,,your,bid will be,non-responsive. A bid d bond or certified o,r cashiees. , check in the amount of 5% Of the b . ld is also required to be submitted with your bid. Please also upload into the e Procurement system your Registration Report from the Missouri Secretary 'of State and Bidder Qualification Statement with supportin9 data. F. 'Substantial completion shall be on or within 180 days from the Notice to Proceed. All work shall be completed and ready for final payment in accordance with Paragraph 1.5.06 of the General Conditions on or within 210 days from the Notice to Proceed. G. Liquidated damages will be charged in the amount of $1,000 for each day work continues beyond substantial and/or final completion (Agreement Page 2). Any request for time extension would be subject to the approval of the project manager. H. A Notice to Proceed can be given at any time after the contractor has satisfied the insurance and bonding requirements and execution of the Page 2 of 3 Addendum One Sherwood Dr./ Hood Dr. / Brookwood Dr. Drainage Improvements Project - #6262 March 10,.20 . 23 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B contract agreement has occurred. The City would prefer to issue the Notice to Proceed as soon as possible. I. Please note the Brookwood box culvert is to be constructed first, or in conjunction with the Sherwood box culvert, and during summer months when school is not in session. 1.8 QUESTIONS AND ANSWERS A. Question: Will the current utility poles be moved/relocated? There is not enough distance from the new box culvert to allow for a safe excavation. Answer: The City is coordinating with Ameren regarding the utility poles. At this time the City is uncertain if they will be moved/relocated. The City and the awarded Contractor will work with Ameren accordingly. If additional work is necessary from the Contractor, a Change Order will be completed to reflect the additional work. B. Question: Will the Notice to Proceed coincide with the time frame for constructing the new pre -cast box culverts? Answer, It is the City's intent with the amount of days in the contract to allow ample time for the pre -cast box culvert to be manufactured. C. Question: Can the 14'x 4.' cast -in-place box culvert be pre -cast? Answer: Yes, as long as the overall height of the box culvert is such that it allows for the street to be constructed as designed. D. Question; Are there any special agreements with property owners that might affect the scope of work? Answer: Not of this time. The City is negotiating temporary construction easements and a permanent drainage easement with property owners. If a special agreement is reached, a Change Order will be completed to reflect the agreed upon work. E. destion is the Contractor responsible for staking and testing? Will the City provide control points and benchmark elevations? Answer: The Contractor is responsible for staking, testing, control points, and benchmarks. Control point information is shown in plan sheet C1,1. Page 3 of 3 Addendum one March 10, 2623 Sherwood Dr. Hood Dr. / Brookwood Dr. Drainage Improvements Project- #6262 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Fronabarger Concreters, Inc. 3290 State Hwy E Oak Ridge, MO 63769 March 21, 2023 City Of Cape Girardeau + �:CONCRETERS. INC. RE: 'Subcontractors Sherwood Dr./Hood ]Dr./Brookwood Dr. Drainage Improvements If awarded this project, Fronabarger Concreters, Inc. does NOT intend to sub -contract any portion of the work. Please _call with any questions or comments. Sincerely, fi A) � David McMullin DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B i DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B John R. Ashcroft Secretary of State 2023 ANNUAL REGISTRATION REPORT BUSINESS *SECTION 1, 3 & 4 ARE REQUIRED 00284820 Date Filed: John R Ashcroft Missouri- - of REQUIRED INFORMATION MUST BE COMPLETE OR TIIE REGISTRATION REPORT WILL BE REJECTED RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO: Secretary of State, RO. Box 778, Jefferson City, MO 65102 REPORT DUE BY: 4/30/2023 RENEWAL MONTH: JANUARY ❑ 1 OPT TO CHANGE THE CORPORATION'S 00284820 RENEWAL MONTH TO FOR A $25.00 FEE FRONABARGER CONCRETERS, INC. PRINCIPAL PLACE OF BUSINESS OR CORPORATE HEADQUARTERS: :k GLENN W. FRONABARGER 3290 STATE HIGHWAY E OAK RIDGE MO 63769 3290 State Hwy C (Required) 1 STREET Oak Ridge MO 63769-5100 CITY / STATE ZIP If changing the registered agent and/or registered office address, please check the appropriate box(es) and fill In the necessary information. ❑ The new registered agent IF CHANGING THE REGISTERED AGENT, AN ORIGINAL WRITTEN CONSENT FROM THE NEW 2 REGISTERED AGENT MUST BE ATTACHED AND FILED WITH THIS REGISTRATION REPORT. ❑ The new registered office address Must be a Missouri address, PO Box alone is not acceptable. This section is not applicable for Banks, Trusts and Foreign Insurance, OFFICERS BOARD OF DIRECTORS NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). A NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE), MUST_ LIST PRESIDENT AND SECRETARY BELOW MUST LIST AT LEAST ONE DIRECTOR BELOW PRESIDENT McMullin, David NAME Fronabarger, Glenn Wayne STREET 377 Hydepark Drive STREET 3290 State Hwy E CITY/STATE/ZIP Jackson MO 63755 CITY/STATE/ZIP Oak Ridge MO 63769 USA SECRETARY Tucker, Kelly NAME STREET 3292 State Hwy E STREET 3 CITY/STATE/ZIP Oak Ridge MO 63769 CITY/STATE/ZIP VICEPRESIDENT Tucker, Kelly NAME STREET 3292 State Hwy E STREET CITY/STATE/ZIP Oak Ridge MO 63769 CITY/STATE/ZIP TREASURER McMullin, David NAME STREET 377 Hydepark Drive STREET CITY/STATE/ZIP Jackson MO 6375S CITY/STATE/ZIP NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS ARE ATTACHED The undersigned understands that false statements made in this report are punishable for the crime of making a false declaration under Section 575,060 RSMo. Photocopy or stamped signature not acceptable. 4 Authorized party or officer sign here David McMullin (Required) Please print name and title of signer: David McMullin / president NAME TITLE REGISTRATION REPORT FEE IS: WHEN THIS FORM IS ACCEPTED BY THE SECRETARY OF STATE, BY LAW _$20.00 if filed on or before 4/30/2023 IT WILL BECOME A PUBLIC DOCUMENT AND ALL INFORMATION If filed on or before 5/31/2023 ,_$35,00 _ $50.00 If filed on or before 6/30/2023 PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE _$65,00 If filed on or before 7/31/2023 ADD AN ADDITIONAL $25.00 FEE IF CHANGING THE RENEWAL MONTH. E-MAIL ADDRESS (OPTIONAL): REQUIRED INFORMATION MUST BE COMPLETE OR TIIE REGISTRATION REPORT WILL BE REJECTED RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO: Secretary of State, RO. Box 778, Jefferson City, MO 65102 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Bidder Qualification List: Jobs Completed FR NARARGER C NCRETERS, INC. The last five years: Cape Main Street Improvements 2017 City of Cape Girardeau Cape Girardeau, MO Contract $1,487,130.00 The Legends 2017 Axia Construction Cape Girardeau, MO Contract $700,000.00 Catholic Seminary 2017 Robinson Construction Perryville, MO Contract $800,000.00 City of Cape Box Culvert 2018 City of Cape Girardeau Cape Girardeau, MO Contract $748,392.00 West Lane Elementary School 2018 Brockmiller Construction Jackson, MO Contract $901,539.50 Krispy Kreme 2018 A&K Construction Cape Girardeau, MO Contract $199,813.45 Bennett Dentist 2019 Boulder Construction Cape Girardeau, MO Contract $274,687.20 Best Western Plus 2019 Midwest Hospitality Jackson, MO Contract $678,240.00 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Missouri Delta Medical Center 2019 Boulder Construction Sikeston, MO Contract $370,404,00 Alma Schrader School 2020 Brockmiller Construction Cape Girardeau, MO Contract $197,528.00 Perryville Shared Use Path 2020 MODOT Perryville, MO Contract $277,111.54 Lincoln University 2020 Boulder Construction Sikeston, MO Contract $123,772.88 Lowe's Tool Rental 2021 Midwest Construction Partners Cape Girardeau, MO Contract $155,887.00 McDonald's 2021 A&K Construction Cape Girardeau, MO Contract $397,617.70 Star Vu Apartments 2021 Double Diamond Construction Cape Girardeau, MO Contract $673,568.00 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Fronabarger Concreters, Inc. 3290 State Hwy E Oak Ridge, MO 63769 /A1 -.It z -z,3 City Of Cape Girardeau RE: Bidders Qualifications S�r'�an�nae��sa�r�r I CONCRIIrER5, INC. In 1976 Glean Fronabarger established Fronabarger Concreters a Concrete Flat Work company. Originally working with residential contractors Fronabarger Concreters has grown into a Commercial contractor specializing in Concrete .Flat work and Site Development services. With a fleet of excavation, hauling, and specialized concrete equipment Fronabarger Concreters works with MoDot, local municipalities, general contractors, and developers on a wide range of civil construction projects. Fronabarger' s concrete flat work includes the ability to place large floors for commercial and industrial projects, install streets and site concrete including sidewalks, curb & gutter, and parking lots. Fronabarger Concretergs is the only flat work company in Southeast Missouri Haat has concrete pumps, laser screeds and large scale finishing machines, Fronabarger employ's Union Finishers and Union Laborers most of which have been with the company for more than 5 years. Lead Finishers for this project have ACI Concrete Flatwork Technician certificates. Finishers that v✓ ll be finishing the decorative portions of this project have over 15 years of Cement Finisher experience and have been involved in numerous decorative concrete projects including colored concrete, stamped concrete, and acid staining. Please call with any questions or comments. Sincerely, I-T)'J w� David McMullin DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name) b %A) Al"i a as (Office Held) GStSyevac of (Company Name/Contractor) FP, -o, ^43At; waa 6-je-rtyr-e m and first being duly sworn, on my oath, affirm as follows: 1. .(Company Name/Contractor) &OmAa is enrolled and will continue to participatein a federal work authorization program in respect to employees that will work in connection with the contracted services related to Sherwood .Dr. Hood Dr. / -Brookwood Dr. Drainage Improvements project for the duration of :the contract .in accordance with RSIVIo Chapter 285:5:30(2). 2. X also affirm that (Company Name/Contractor) rac , <tt,aar� . �saerrr:cloes not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to Sherwood Dr. / Hood Dr../ Brookwood Dr. Drainage 'Improvements project for the duration of the contract, 3. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFIANT.SAITH NOT. 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 in Section 575.040, RSMo.) Jrz�aat� (Name of Corporador) ame of Officer of Corporation. and Title) ATTEST: t VVL Secr a r other officer) (SEAT., OF CORPORATION) DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B STATE OF l ltSSniiRI ) / ) ss. COUNTY OF (-NPPF- A 1%Pa &SA,v ) On this Oltday of ,;s� , 2021, before me appeared 14\D 1 "4%ou.u+:a , to me personally known, who, being by the duly sworn, did say that he/she is the P!&M %tvWV Of i'T�aeaal R�Eg&rs, lo& —fir a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be, the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, ,at my office in Cape Girardeau, Missouri, the day and year first above written. i ✓ � G Notary Public KARA WMIT[ EpGE WE STRIC;H Notary Public, Notary Seal State of Missouri My Commission Expires Cape Girardeau County Commission # 17727981 My Cot mission Expires 03-14.-2026. DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B EXHIBIT AFFIDAVIT OF OSHA TRAINING Y COMES NOW (Name) Dr4.eitbmt&. _ ,,1 as (Office Held) AW zft,%,rl of (Company Name/Contractor) dr.1�314th (��+c;car�"., and first being duly sworn, on my oath, affirm in connection with the contracted services related to&z WAgbr_/ s%,► br 0oo o o t Name) for the duration of the contract, as follows; 1. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a .course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292,675, RSMo. 2. Contractor shall require its on-site employees to complete a construction safety program. within sixty (60) days after the date work on the Project commences, as required by Section 292.675, RSIVIo. 3. Contractor acknowledges and agrees that any of Contractor's employees found .on the Project site without documentation of the successful completion of a construction _safety program shall be required to ;produce such documentation within, twenty (20) days, or will be subject to removal from the Project. 4, Contractor shallrequire all of its Subcontractors to comply with the requirements of Section 292:675, RSM0. -5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00), plus .one hundred dollars ($100.00) .for each employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such :employee is employed without the training required in Section 292:+675, RSMo. 6. Contractor acknowledges that violations of Section 292,675, RSMo, and imposition of the penalties described therein shall be investigated and determined by the Missouri Department of Labor and Industrial Relations.. 7. Contractor acknowledges that in the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract. OSHA -1 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THFREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this ding are subject to the penalties provided in Section 575.040, RSMo.) &oN�!64K .SC (name of corporation) By: \1 �'K,c�,, (name of officer of corporation and tide) AT ESOT-: Sec tory (o titer officer) (SEAL OF CORPORATION) STATE OF MISSOURI • ) ss. Cv OUNTY OF '•*) G ) On this' %iday of , amu`--2t�t/�;;w,5 , before , e appeared '-'f ' ® to me personally known, who; being by me duly sworn, did say that he/she is the - e of ✓ CoUc �, C✓s rJ�{_, a Missouri. Corporation, and, that the seal aiffixed to the foregoing in tzxent is the seal of said. Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and, acknowledged said: instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written.. Myy�Commission Expires: KARA WHITLEDGE WESTRICH Notary Public, Notary Seal state of Missouri Cape Girardeau County Commission # 17727981 _My Commission Expires 03-14-2025 OSHA - 2 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B AN'T'I -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600, a public entity shall not enter into a contract to acquire or dispose of services, supplies, information technology, or construction valued at $100,000 or more, or with a contractor having ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of - Goods or f: Goods-or servicesfrom the State of Israel; Companies doing business in, or with, 'Israel; Companies authorized by, licensed by, or organized under, the laws of -the State of Israel; or Persons or entities doing business in the State of Israel, For a definition of the term "boycott", please refer to RSMo. §34.600.3. A copy of the statute is attached. By signing below, the Contractor agrees and certifies that it does not currently, and will not for the duration of this contract, .engage in any of the types of boycotts listed above. IN AFFIRMATION THEREOF, the undersigned states that the facts stated above are true and correct, and thathe/she understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo. (Name of Corporation) By: ` ` r (Name of Officer of Corporation and Title) ATT/EST; 1W , ck�� Se"eta other officer) (SEAL OF CORPORATION) DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B STATE OF ss, COUNTY OF f G ) On this W`d'ay of B/L— , 2 , before me appeared 1)� �� , toW'ft1'AAt'0,4'V'- personally known, who, being by me duly sworn, did say that he/she is the L of^1- a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instruinent was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office, the day and year first above written. My Commission Expires: Notary Public at,ary Public, NOWY Seal H State of Missouri Cape Girardeau County ,cm mission # 17727981 emission Expires 03.14-202.5 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B CITY CAPE A D EAU Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency; (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federalg State or Local) with commission of any of the offenses enumerated in paragraph (1)(b.) of this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default, I understand. that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. to addition, under 18 USC Sec. 100.1, a false statement may result in a fine of tip to $ 10,000 or imprisonment for up to five (5) years or both. Typed Name & Title of Authorized Representative 3 Ao 1--Y Signature of Authorized Representative or bat -e- 0 1 am unable to certify to the above statement. My explanation is attached. DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B Im UNITED FIDE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73999 Cedar Rapids, Iowa 52407-3909 319,3995700 (A Stock Company) KNOW ALL BY THESE PRESENTS, that we FRONABARGER CONCRETERS INC 3290 STATE HWY E, OAK RIDGE, MO 637695100 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°Io ),, 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 Sherwood DdHood 10010rookwood Dr Drainage.lmprovement 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 rexceed 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 21st day of� _ March 2023 )(A (hnt, (WITNESS) FRONABARGER CONCRETERS INC B,MWAA (Seal} (PRINCIPAL.) (TITLE) UNITED FIDE & CASUALTY COMPANY (Seal) (SURETY) AqM) By l'�G . G�%�� •'fir (WITN SS) (ATTORNEY-IN-FACT) CONT 0001 0899 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA.; ' Bond No I t UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX Obligee City`at Capa`Giralldeai r401 Iridependenol3; Cape FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES,.CA Girardeau, MO 63701 .( INSURANQE CERTIFIED COPY OF POWER OF ATTORNEY INSU WNCE (original on file at Home Office of Company- Soo Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing tinder the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint CHARLIES IN. DECKER, BEULAH.M.Y.OUNG RbWDEN,.PRISCILLA`B. HUNTER, TODD A. WARD, REBECCA STEVENS, KRISTEN A BATSON, JAMIE STEGER MELINDA L. CLARY, EACH INDIVIDUALLY _r _ their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seat and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $35,000,000,00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts.of said -Attorney, purWanf tb the authority hefbbygiv6h and hereby ratified and confirmed. The Authority hereby granted shall expire July 9th, 2023 I —' - , unless•sooner•revoked.by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY _ This Power `of Atto`riiey is -made and executed'ptiisuant" to tfid-by'authority of the following bylaw duly adopted by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article Vl - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact "The President:or any Vice President; or any other officer of the Companies may, from. time to limo, appoint by`written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby; and the Corporate seat, 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 Companies as the original signature of such officer and the original seal o£ the Companies, to be valid and binding upon the Companies 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 Companies by their signature and esecution,of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Hoard of Directors or any other otiicer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 10th day of March .2023 ,�pllnu,yr \\\miluunuo„uiinrxra UNITED FIRE & CASUALTY COMPANY UNITED FIRE &INDEMNITY COMPANY �4t4'GpPISOIitJ^.,(M' o coMORATE ° =� eoaroRara ` 9�'3 euLr� gala FINANCIAL PACIFIC INSURANCE COMPANY x e 9FAL. �4�fktilnd�"dP\ �'Hiilj TER:[R�`p��\ 4iggrrNmiii¢1POda By. llllllllLl{ I/IIIIIIIIIi ,�'1'v+�4+'a.— /y - State of Iowa, County. of Linn, ss VicePresidenf Ori;tilts 10th.-day:of`March `I ,2423 UeforFme p&gdnally came Dennis J. Richmann to inti known,. Who beln'gRby me duty sworn, did.depose and say; that he resides in Cedar Rapids, State, of Iowa; that he is a Vice President of UNITED FIRE &, CASUALTY.. COMPANY, a,;Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC d Y i - f. 7 l' A INSURANt $ COMPA'NY the corporations d&cnbed-id-arid w)rich executed the above instrument; that he knows the seat of said corporations; that the seal afTxed`ta the"said instruntcnt is'such coiptirate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations. and that he signed his name thereto pursuant to like authority; and acknowledges same to bathe act and deed of said.c�orporations• Jui Jones �,tp•v�+•+- Iowa Notarial Seal t/Ji Commisalon number 173041 Nota Public tNy Commleston Expires 04123!2024 ry My commission expires: 04/23/2024 I, MaryA.. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire &Indemnity Company, and Assistant Secretary of Financial Pacific Insurance 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 bylawsand resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFI0001` SAID CORPQRATIQNS, "andlhatthe saintar _ a c correcti transcripts thereof, and of the whole of the said originals, and that the said Power ofAttomeyhas•ndi beenir6&edand'•is now'in full. brce mi4effda-, In testimony where pf I have herP,4nta.,subscribed._my nameandaffixed the corporate seal of the said Corporations. this 9093 `\wilaDRwNrr,,� ��"�4�GiN8v °6%y By.-�r�` IV� 4U•7lW \-' IRr Z eORPORATE F, _,� COR RA e� TB _, Assistant Secretary, c seAL. i'toe reee�t.a OF&C, OF&I & FPIC SEAL`` •�4 �R.t+11fl' dip /r�iryitillllltt\1@\. Igqunn111u+a BP�OA00531217 Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B State of Missouri County .ofCane Girardeau On this 21st day of March . ,2023 Personally appeared before me Todd A. Ward who being duly sworn did depose and say thathe/she is the attorney-in-fact of the United Fire .& Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Todd A. Ward acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. Notary Public UND-2031b JAMIE 5 TE ER NOTARYppUBLIG NBTA%SEAL M C�MM15510N AXP HB S�jUN 28oW 9D #1686858 DocuSign Envelope ID: F517662A-7F60-4CCE-94A2-58DD7C5CE10B 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 EIRE & CASUALTY COMPANY ATTENTION.- BOND DEPARTMENT P.O. BOX 73409 CEDAR RAPIDS, IOWA 52407 1-800-343-9130