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HomeMy WebLinkAboutRES.1153.03-04-1996 BILL NO. 96-100 RESOLUTION NO. "� ��` A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC. FOR THE IMPROVEMENT OF BRUCHER STREET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Asa Asphalt, Inc. for the improvement of Brucher Street. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �,�-�l DAY OF r i li�r�.�'�:� 19 `�� � � � A. . pr dling, III, yor ATTEST: : � .,, ,('.,�: , '� �'"�1, ,Ccr,�; � Gayle L. Conrad Deputy City Clerk , � CITY OF CAPE GIRARDEAU IMPROVEMENT OF BRUCHER STREET STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the twenty-eighth day of February in the year 1996 y and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and ASA Asphalt. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The improvement of Brucher Street from Wayne Street to Bertling Street except for the crossing of Butler Street a distance of 1,503 feet and widths of 18 feet and 20 feet, with three (3) inches of asphaltic concrete, including but not limited to required earth work, pavement, drainage structures, limited curb and gutter and ditch work. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within sixty (60) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within seventy-five (75� days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof k;:ao�a:�i A-1 c allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three hundred fifty Dollars 350.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred seventv- five Dollars � 175.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES Thirty-eiaht thousand three hundred ninety-four dollars and thirty-eight cents $ 38.394.38 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments;Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. kj:4074:de1 A—2 , � 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". k;:ao�a:�i A—3 � 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surtace or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be pertormed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and �:ao�a:aai A—4 � 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 1 to 8 inclusive). 8.2 Exhibits to this Agreement (pages _ to _, inclusive). 8.3 Pertormance, 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). 8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive). 8.7 Specifications bearing the title Improvement of Brucher Street. 8.8 Drawings. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR's Bid (pages to , inclusive) marked exhibit _. 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. �:ama:dai A—5 , Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. kj:4074:de1 A—( , IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. .. This Agreeme�' will be effective on � h�-�� i , 19`�(which is the Effective Date of the Ag� r ' t). � /', /) OWNF,I� CONTRACTOR (�c /� �� L��"��� � . ; - ,,�,�� By: Jy1�er-tt�cr �'-,_ fYi�ller� i'at����r�,�,.� By: 2�/ [CORPORATE SEAL] ` [CORPORATE SEAL] rtX�-rX" - Attest 'a t��,�''CcTx:,a� Attest /�?�eJ � � _ . _ ���,il _ Q���,, y ��;� ���,�,� Address for giving notices Address for giving notices -, �G7 -��;'_nG��-.•vv�.1.��=t I: ,✓, �.' � i: j '� � � � CITY OF CAPE GIRARDEAU � /MPROVEMENT OF BRUCHER STREET BID FORM � (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of pavment � with three inches (3") of hot mix asphaltic concrete of Brucher Street between Wayne Street and Bertling Street except for the crossing at Butler � Street, a distance of 1 ,503 feet and widths of 18 and 20 feet. � THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET � CAPE GIRARDEAU, MO 63701-6244 � 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 fumish all Work as specified or indicated in the Contract Documents for the Bid Price � and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. � 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days 1 after the day of Bid opening. BIDDER will sign and deliver the required number of i counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. � 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, � that: (a) BIDDER has examined and carefully studied the Bidding Documents and the � following Addenda, receipt of all which is hereby acknowledged: (ust a�e�� by Ad��d�m � Number and Date) kj:4074:de1 BF-1 � � (b) BIDDER has visited the site and become fanuliar 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 cazefully studied all•reports of explorations and tests of subsurface y condirions at or conriguous to the site and all drawings of physical conditions in or relating to � existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph � 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC- 4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the � General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information 1 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 examinarions, � invesrigarions, explorations, tests, studies and data concerning condirions (surface, subsurface ' and Underground Facilities) at or conriguous 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 construcrion to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, invesrigarions, 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. (fl BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, enors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed �:ao�a:dei BF—2 � � 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 direcdy or indirecdy 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. � i An other re resentation re uired b Laws and Re ations. � ) � Y P q Y � ) � 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): � IJNIT PRICE BID � TOTAL ESTIMATED UNTT EST. NO. ITEM IJNIT QUANTITY PRICE PRICE � �,�. 1 Asphaltic Concrete Tons 483.5 $ �-�� $ /3, S .�� �'�� �� � 2 Liquid Asphalt Gal 894.4 $ %. -�S � /; // �'.C� a � 3 Construct Curb & Gutter L.F. 609 $ �� y�' $ `� � �� �° `�_ � 4 Construct Single Inlet Each 3 $ �, �' ��'. c n $ �, � ��o.c�o _ � 5 Revisin Existin Inlet L.S ;� � �. c'�� 5���n, ��c� � g g • 2 $ $ � 6 Adjust Manholes Each 5 $ �c'°.�'O $ J ° °°. °c � 7 Clean Out Ditches L.F. 1,397 $ - 6S $ y�'� �-� � � 8 Furnish, Install and Com act Tons 146.7 $ �°• °Q $ l, `���� �'� C P No. 2 Graded Aggregate � to Re-build Shoulders. 9 Remove Rubble (Sta. 12+80 S.Y. 227.8 $ �, c o � �f SS. � o � � to Sta. 15+00 and � Sta. 2+52 to Sta. 4+42) r10 Prepare Ditch for Rip Rap S.Y. 105.6 $ l. c �� $ / �S. E.c: �, � 11 Furnish & Place Grouted S.Y. 116.7 $ ��. ��' $ /, �/o a.`� o �, . Rip Rap � kj:4D74:de1 BF-3 � � � 12 Remove Concrete S.Y. 9.0 $ �•o � $ / �. o v �,�. M 13 Remove E�cisting Pipe a. 10" & 12" L.F. 111 $ � �' u � � a a .o o � � b. 15" L.F. 21 $ �,�o $ �l�. o� C � 14 Install Pipe v a. 18" RCP L.F. 45 $ / ���� $ �j G. °� �' - b. 24" RCP L.F. 283 $ � 7. G 1 $ 7 � >3 . �,-� C, � c. 15" CMP L.F. 42 $ l s,c�o $ � 3 0,o o L M d. 18" CMP L.F. 27 $ i s• ��o � �%o S. ��o C � 15 Furnish and Install Fill Dirt C.Y. 10 $ S�. v v $ 5 0• �� L 16 Seed & Mulch Acre 0.1 $ �?, D n o.oc � ��, n. a o � �rV UC I L � 17 Traffic Control L.S. 1 $ ti�/c $ �l�/c M TOTAL BID FOR ALL UNI'I' PRICES ($ � �; .3`���. 3 d' ) �=� � Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. � BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. � 5. BIDDER agrees that the Work will be substantiall com lete within 60 calendar da s Y P Y 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 75 calendar days after the date when � the Contract Times commences to run. 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 � kj:4-074:de1 BF-4 � � � (b) Required BIDDER'S Qualification Statement with supporting data. � (c) (Add other documents as pertinent) 7. Communications conceming this Bid shall be addressed to: � Name ��-'�`�"t�" ����o�' S�l � �cl � nc, � Address �b r t��� �S9 A d v�i n c r. /1i't � � � J�o � (a} Performance and Payment Bonding Company � . Name Ur�,t��z I��rL ,� ('��s�Y� ��,, ���. -- , � Address t����� ��UO%d_s y c cv�i � Agent�Power of Attorney Name (if used) � z�;�r-uGi ���� �rr�utih Address p. o- �; vX C��� l'�„+e LG' ���Y��>c4r.c , /L� o L� � �o-� � 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 �� �� ���' 1 g 7 L. , State Contractor License No. � IF BIDDER is: An Individual � BY (SEAL) (Individual's Name) doing business as � Business address: � Phone No.. � A Partnership BY (SEAL) (Firm Name) � (General Partner) � Business address: � kj:4074:de1 BF-5 � � r�c � Phone No.: � A Corporation ,,,,<: � , By �� �� ��S �!-��t l r 1/1� a l�iperct �e<;r � 6` �����f� i ^ >,� (Corporation Name) ' .- � :'y` ' � - 1 _ _ i�r � � .�t��� , �.���a C� (State of I rp��ration) - �°�� = ) � - e, h: _ By � � Z�,-�� '=��r����� � ' (SEl�L,�.� _ - �iri� r:� R �t�;�eS(Name of Person Authorized to Sign) �'° 't! ; ;�; ��,.��` - �!:ittfcillt<���`a� � (Title) ���-�.s,��l Y��t (Corporate Seal) �; � - , � Attest =,/,�2;��? � i ) (Secretary) � '� �s w�t;rt��,c't,- � Business address: �-�' L�.c�:;�X /S� /-��{ vavi-e ,+�t o ;� � ?�lc � Phone No.: _ �7 �-�� ?.� :� - 3�ii Date of Qualification to do business is / t 7 �> ■ A Joint Venture By � (Name) (SEAL) (Address) , By (SEAL) (Name) ( (Address) Phone Number and Address for receipt of official communications: � � (Each joint venturer must sign. The manner of signing for each individuai, partnership � and corporation that is a parry to the joint venture should be in the manner indicated above.) kj:4074:de1 B F'—6 � UNITED FIRE 8t CASUALTY COMPANY CEDAR RAPIDS,IOWA BID I30ND Apprvved by TheArriericnn l�tstilute vf/l�rhi(ects,AIA Docu�nent Ne�.A 310 Fe6ruary 1970 Edition KNOWALLMENI3YTHESEPftESEfYfS, that we �A Asphalt, TIIC. P.O. Box 159, Advance, Missouri 63730 as Principal,hereinafter called the Principal, and the UNITED F(RE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWt�, as Surety,hereinafter calied the Surety,are held and firmly bc�und unto City of Cape Girardeau, 401 Independence, Cape Girardeau, Missouri 63701 as Obligee,hereinafter called the Obligee, in the sum of 5� of Bid Amount po(]� �$*Sz of bid ), 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. WH�Fi�s,the Principal has submitted a bid for Improvement of Brucher Street, Cape Girardeau, Missouri Now,THEaEFOR� if the UbGgee shall accept the bid of the Principal and the Principal shall enter-into a contKact_`with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in thetbii��in,g;or�ntract documents with good and sufficient surety for the faithful performance of such contract and for the pmtlipt-payment`of,:labor and material fumished in the prosecution thereo� or in the event of the failure of the Principal to eiiter:.sucli�°contract and give such bond or bonds, if the Principal shall pay to the Ob6gee the differe�ice not to exceed the:}�enalty. hereof�'between the amount specified in said bid and such larger amvunt for which the Obligee may in good faith conlract,with another party.',_' to perform the work covered by said bid, then this ob6gation shall be null and vvid, otherwise to �emain in fuli`force"and effect. ' - ;,,:�; , e: � _., wx�� : Signed and sealed this 28th day of February ° `::`°�„�,p`�,g_9b` �", ASA ASPHALT, INC. (�aj� (P N AL) ' �.z,st..� �i,�,L��L.'� � =�, � (1NI INESS) � // � ���L'',€Y ^�,,.�;f, � •;s S�Kc�rct ��tc,�eS (T1ILE) r'2S� �hi�''< :v i �� � - �, U FIRE &CASUALTY COM�`AIV�I ``�Seai � ���-,��.��,�i�� . j �_ _t � � , ��==�--�---- / �s � � ���, �wiiNr�s� _ .�' „ /�l� h /�>,��,i-,»'�,i�1 `: ACKNOWLEDGMENT OF SURETY State of _M�ssouri____________ ss. County of __Cape Girardeau ______ On this_ 28th_day of__February---------, ly_96 ------• personally appeared before me ___Deborah_Obermann------------------------------- ------------ who being duly sworn did depose and say that he is the attorney-in-fact of the United Fire & Casualty Com- pany of Cedar Rapids, Iowa, that the seal a[fixed �o the attached instrument is the Corporate Seal of said Cor- poration, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board o( Directors and the said_____Deborah_Qbermann ____________acknowledged tt�at he executed said instru- ment as suc'Jt'1°'�'cTi5i91'`e3�-=�ii�i'��'t5`'2it�3"��"�t' t and dee� said Corporation. � � F2:C'i.tF.E H;;td"tR �� -- - �-�--�/ ,( _ � Nc'cry�u��l�c-`;ot�rySeC� -�---=-�j-�'�(-- -��- ---- --- --=�� c3 6iA'!:C' Pd!iSSOUR� 7 UND-203(b �qpr:L;;;;�RDEAU COUN?Y Notary Publl.c t�"y�omm ssion Excires.APR 20,1997 . 4 ._._�__�� .' .._._.._..___ . UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file et Home OfHce of ComPmy - See Certitication) KNOW ALL MEN BY THESE PRESENTS, Thal tt�e UNITIED FIRE & CASUALTY COMPANY, a coPorsUon duly or8anized s�d existing under the laws of the Slate oi Iowe, e�d having its principal o(Iice in Cedar Rapids, State of lowa, does make, constitute �nd appoint CHARLES W. DECKER , OR SHRRON GLASCO, OR ALAN Fi. RAUSENBERGER, OR JOIiN R. BRANDT, OR WILLIAM TALLMAN , CARBONDALE, IL, OR DEBORAH OBERMANN , CAPE GIRARDEAU , MO, ALL INDIVIDUALLY . of P O BOX 849 CARBONDALE IL 62903 Its true and lawful Attorneylsl-in-Fact with power and authority hereby co�ferred lo sign, seal a�d execute i� its behal( all lawful bonds, undertakings a�d other obligatory instruments of similar nature as (ollows: pNY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY thereby as (ully and to the same extent as if such i�struments were si9ned by the duly authorized ofticers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and co�firmed. The Authority hereby granted shall expire J A N U A R Y 18 t h 19 9 7 unless soone� revoked. Thfs power ot Attorney is made a�d executed pursuant to and by authority of the following By-Law duly adoPted by the Board ot Oireclors oi the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings." , Sectlon 2.Appolntment ol Allo�ney-In�Fact."ihe Pre�IdeM or eny Vlca Preeldenl,or a�y othe�olllcer ol Ihe Compa�y,may,Irom Ilme lo tlme,appoint by written cerlllicete� allo��eys-I�-lacl to acl M behsll ol fhe Comp�ny I� Iha exacullon ol pollcles ol Insu�a�ce,bonds,u�dert�kMas�nd olha� - obllpalory Insl�umenM ol Ilke nalu�e. The aipnelure ol any ollice. sulhorized hereby.and Ihe Corponte seel,may be all�xed by lacslmlls lo�ny powa�ol ellor�ey or rpeclal powe�ol allo�ney or certlticello�ol either aulhorized heraby;�uch slp�elure and seal,when to used,bel�p adopled by Ihe Compeny se Ihe orlylnsl slpnelure ol such olllcer and the orly�nat teal ol Ihe Company,lo be vetid end bindi�p upon Iha Compeny wllh iha seme fwce end ellecl af Ihouph manually ell�xed.Such eltor�eya•In•lecl,sub�ecl Io the Ilmllello��set lorth In Ihelr reapecllva cer1111cales ol�uthwlly shall h�vs 1��1 power to bind the Company by Ihalr slgnelure end execullo�ol any�uch I�slrumenls end lo eltach the seel ol tha Compeny the�elo.The Pre�idenl o�any Vlce Preeidenl,Ihe Boerd ol Ulreclors or eny olhe�olllcer ol ihe Compe�y mey el e�y Ilme ravoke ell powe�and aulhorlly prevbusly pfva�lo any etlomeyIn•lact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto �affixed this r"""'""n�i 18th day of JANUARY ,A.D. 1995 ����vk��� -. '` COi�OAATE�� ., UNITED FIRE & CASUALTY CO NY � A�AL � ^, ',` � . '+Ry��.�r' �4uoo��aa 9Y Vfce President State of lowa, County of Llnn, ss: On this 18th day of JANUI�RY 1�95. before me personaily came Maynard L. Hanee1� to me known, who being by me duly sworn, did epose and say: that he resides in Ced"ar Rap(ds, Stale of lowa; that he Is a Vice President of the UNITE� FIRE & CASUAITY COMPANY, the corporatfon described i� and which executed the above instrument; that he k�ows the seal o( said corporatlon; that the seal affixed to the said instrument is such corporated seal; that it was so affixed pursuant to authority given by the Board of Directors oi sald corporation and that he signed hi n e thereto pursuant to like authority, and acknowledges same to be ihe act snd deed oi said corporation. � ��"' `•� JUDIT!i f�.,'?AV'S i Notary Public MYC�MM�SIOj�EXPIFES My commission� xpires February 9 ��997 aw ��Z CERTIFICATION 1, tlie undersigned of ficer of the UNITED FIRE & CASUALTY COMPANY, do hereby certity that I have compared the to�e9oi�g coPy oi ttie Power ot AttorneV and at(idavit, 4rnd the copY of the Section of the By-Laws o1 said Company as set torth In said Power of Attorney, with the Of�IGINAIS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereot, and ot the wfiole ot the said originals, and that lhe said Power of Atlorney has not been revoked and is now ln full force and etfect. �N,��n�� In testimony whereo( I have hereunto subcribed my name and atfixed the corporate seal of the safd �,� '��}�� Company this 28th day oi February 19 96 '` COA�OAAfE� ..� �tJ � A z�i. � `�/y�,�Q.t,t,�( .. �,., �v�,,,.�.!rr � �� Secretary �41h�u��N` � ., CHANGE ORDER # 1 PROJECT TITLE Improvemeat of Brucher Street from Wavne Street to Bertlincr Street CONTRACT DATE Februarv 28, 1996 CONTRACTOR ASA Asnhalt, Inc. The following changes (two additional items) are hereby made to the Contract Documents : Estimated Unit No. Item Unit Quantity Price Price 18 . Replace 6" PC Concrete driveways . S.Y. 43 $ 32 . 00 $ 1, 376 . 00 19 . Grouted rip rap, minor grading, & revising a roof drain. Lump sum price not to exceed $ 6, 000 . 00 J[TSTIFICATION Item No. 18 to replace 6'� PC Concrete driveways was overlooked in the original contract. There are portions of two driveways to be replaced. Item No. 19 has been deemed necessary due to recent large rains that have indicated the drainage ditches will be subject to more erosion that anticipated in the original design. In order to protect the improvements already in place, it is necessary to install additional grouted rip rap, do some minor grading, and revise a roof drain. This work is going to be done on a time and materials basis . CHANGE TO CONTR.ACT PRICE Original Contract Price: $ 38, 394 . 38 Current Contract Price, as adjusted by previous Change Orders : $ 38, 394 . 38 Current Contract Price due to this Change Order will be increased by: $ 7, 376 . 00 The new Contract Price due to this Change Order will be: $ 45, 770 . 38 CHANGE TO CONTRACT TIME The contractor shall have fifteen (15) calendar days to complete the work added by this Change Order. The fifteen calendar days shall commence � Brucher Street Improvement Change Order # 1 Page Two on the day stipulated in the letter to the contractor mailing the fully executed Change Order # 1 to the contractor. APPROVALS REQUIRED To be effective this Change Order must be approved by the Owner if it changes the scope or objective of the project, or as may otherwise be required under the terms of the Supplementary General Conditions of the Contract . � � __ Recommended by ,'� �=�-- � � �-�� �- Date � � � � � �� � - iJ, Mark A. L P. E. � _� � , Approved by Date � �� �� �(C` �� � Mic ael G. Miller, City Manager � � ; rl � �• , Accepted by � �� � � �,�/ �•� �{-�- � Date ' � �' Sandra Rhodes,' President, ASA Asphalt Inc. .