HomeMy WebLinkAboutRES.902.02-23-1994 �' � .-,
BILL NO. 94-43 RESOLUTION NO. L�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH BLOOMSDALE
EXCAVATION CO. , INC. FOR REPLACEMENT OF THE
BRINK STREET SEWER
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 Bloomsdale Excavation Co. , Inc. for replacement of
sewer in Sewer District 13-A, Brink Street Sewer. A copy of said
Agreement is attached to this Resolution and made a part hereof.
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PASSED AND ADOPTED THIS �'� -` DAY OF J� + ` �� ` , 19 `I�� .
,
,
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rancis E. Rhodes, Mayor
ATTEST:
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Gayle % Conrad
Deputy City Clerk
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CITY OF CAPE GIRARDEAU
REPLACEMENT OF SEWER 1N
SEWER DISTRICT 13-A
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 2nd day of March in the year
1 g 9 4 by and between the City of Cape Girardeau, Missouri (hereinafter called
OWNER) and Bloomsdale Excavation Co., 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 project consists of the improvements to the sanitary sewer system in
Sewer District 13-A as shown and specified in the Contract Documents.
The work consists of the construction of replacement sanitary sewers and
reconection of all necessary house laterals to the new sewer. The work
includes,but is not limited to,excavation, trenching, backfill, compaction,
boring pipeline installation, street and driveway repair, precast concrete
manholes, seeding, sodding and grading.
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 One Hundred (100� 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 One hundred fifteen (115�days after
the date when the Contract Times commence to run.
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3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER
if the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER_Two Hundred-Fifty Dollars ($250�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 Two Hundred Dollars
200 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 Eiqhtv-four thousand five hundred sixty-five and 35/100---
------------------------ $ 84.565.35
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
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measured by the schedule of values established in paragraph 2.9 of the General
Conditions (and in the case of Unit Price Work based on the number of units completed)
or, in the event there is no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or
OWNER �may withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character
and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine
that as long as the character and progress of the Work remain satisfactory
to them, there will be no additional retainage on account of Work
completed, in which case, the remaining progress payments prior to
Substantial Completion will be an amount equal to 100% of the Work
completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied
by 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 Fina/ 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:
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7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to
the general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract
Documents with respect to Underground Facilities at or contiguous to the site.
CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all such additional supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR
does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
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7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing of the
Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
- CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 6, inclusive).
8.2 Exhibits to this Agreement (pages _ to _, inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting
of pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive).
8.6 Supplementary Conditions (pages SC-1 to SC-4 , inclusive).
8.7 Specifications
8.8 Drawings consisting of a cover sheet and sheets numbered 1 through 5 ,
inclusive. Drawings not attached hereto.
8.9 Addenda numbers 1 to , inclusive.
8.10 CONTRACTOR's Bid (pages BF-1 to BF-6, inclusive)
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).
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There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
� � Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on March 2 , 1 g 9 4(Which is the Effective Date
of the Agreement).
OWNER ��.�i�tl G-� ��C_3t� CONTRACTOR Bloomsdale Excavating Co. Inc.
�, P.O. Box 86 , 111 Mill Hill Rd.
�� H� "�� R1 ��msda 1 e , MO 6 6 7
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B�l: �iGl����L��� B � �vt-�t._r �) l /��7'-z-�.;f
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[CORPORATE SEAL] [CORPORATE SEAL]
Thomas M. Drury, President
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Attest % ^ ��,'�� Attest l.�. -
�__ � � -
David L. Figge
Address for giving notices Address for giving notices "
' P . O. Box 86
�"'[�. ��'�'`�-t,Pt`1
�fij� �,tif�;ar'[.fli��_; �L%P�S1��3-Cl�71I Bloomsdale , MO 63627
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
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CITY OF CAPE GIRARDEAU
REPLACEMENT OF SANITARY SEWER 1N
SEWER DISTRICT 13-A
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION:
The project consists of the improvement to the sanitary sewer system in Sewer
District 13-A as shown and specified in the contract Documents. This work consists of the
construction of replacement sanitary sewers and reconnection of all house laterals to the
new sewer. The woric includes, but is not limited to, excavation, trenching, backfill,
compaction, boring pipeline manholes, seeding, sodding, and grading. �
�
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET i
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 pertorm �
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 otherterms and ;;
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to ' `
Bid and Instructions to Bidders, including without limitation those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days
after the day of Bid opening. BIDDER will sign and deliver the required number of
courrterparts 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. ►
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3. In submitting this Bid, BIDDER represents, as more fu�ly set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum
Number and Date)
Addendum #1 dated February 8 , 1994
BF-1
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for performing and furnishing the Work for which this Bid is submitted.
� (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
. of any group association, organization or corporation; BIDDER has not directly or
' indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER
has not solicited or induced any person, firm or corporation to refrain from bidding; and
BIDDER has not sought by collusion to obtain for itself any advantage over any other
Bidder or over OWNER.
(i) (Any other representation required by Laws and Regulations.)
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
UNIT PRICE BID
TOTAL
ESTIMATED UNIT EST.
NO. ITEM UNIT QUANTITY PRICE PRICE
1 10" Sanitary Sewer Laterals L.F. 1,871 $ 25.85 $ 48,365.35
2 8" Sanitary Sewer Laterals L.F. 57 $ 2�.oo$ 1,539.o0
3 6" Sanitary Sewer Laterals LF. 50 $ 15.00� �50.00
� 4 Rock Excavation C.Y. 50 $ o.oo� o.o0
� 5 Standard Manholes EACH 4 $1,065.oo$ 4,260.o0
5a Standard Manhole 60" I.D. EACH 1 $3,656.oo$ 3,656.o0
6 Additional Depth FOOT 5 $ 90.00$ 450.00
7 Wy@S EACH 7 $ 35.00$ 245.00
8 Steel Casement Pipe L.F. 260 $ 36.00� 9,360.00
9 Refurbish Manhole EACH 1 $ 400.oo$ 400.o0
10 Service Reconnection EACH 4 $ 150.oo$ 600.o0
11 P.C.C. Pavement R & R S.Y. 15 $ lio.00$ 1,650.00
BF-3
12 Gravel Pavement R & R S.Y. 114 $ 5.oo � s�o.o0
13. Ductile Iron Pipe L.F. 60 $ 8�.oo $ 5,220.o0
14 Secure Abandoned Manholes EACH 3 $ 200.oo $ 600.o0
15 Fill Abandoned 8" VCP Lateral L.F. 400 $ 3.2s $ 1,300.o0
16 Seed and Sb�aw L.S. $ $ 3,000.00
17 Plug Existing Sewers EACH 4 $ 50.oo � 200.o0
18 Rip Rap in Place C.Y. 150 $ 16.oo $ 2,400.o0
TOTAL BID FOR ALL UNIT PRICES ($ s4,565.35 )
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 substantially complete within one-hundred (100�
days afterthe 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 one-hundred fifteen (115)
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
(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 Jerome J . Govero , P. E.
Address P• O. Box 86 , Bloomsdale , MO 63627
BF-4
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. ;
. �
SUBMITTED on February 17 , , �9 94 .
�
State Contractor License No. �
,
IF BIDDER is:
• An Individual
gy (SEAL)
(Individual's Name) �
doing business as �
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Business address: ;' ;
;
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Phone No.:
A Partnership '�
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gy — (SEAL) 'k �
(Frm Name) �' �
(General Partner) �
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Business address: i:'.'
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Phone No.: ��'
,:
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A Corporation ` �'
By Bloomsdale Fxcavat� na Co Tnc- (SEAL) ,
(Corporation Name)
Missouri
�State of Incorporation)
g � ��'��-�-�� (SEAL)
Y
, (Name of Person Authorized to Sign)
Jerome J. Govero, P.E. , Vice President
(Title)
(Corporate Seal)
BF-5
' � FEB I 0 I�
CITY OF CAPE GIRARDEAU
REPLACEMENT OF SANITARY SEWER IN SEWER DIS?RICT 13A
ADDENDUM #1
FEBRUARY 8, 1994
The following revision has been made to the above named Contract Documents:
Where PVC is shown on the plan set, an approved altemate material may be
substituted.
Manhole No. 1 on the plan set should be a 60" I.D. Manhole
Changes to BF-3 and BF-4 of the Bid Form have been made. The attached sheets
should be substituted in the Bid Form and made a part thereof.
This addendum must be signed and attached to your Bid Documents.
/i � ` Date February 17 , 1994
,/Jerome . Govero, P.E.
Vice President
BID BOND
Conforms with The American Institute of Architects,
A.I.A. Documant No. A-310
KNO W ALL B Y THFSE PRESENTS, That we, B I o om s d a I e E x c a v a t i n g C o. , I n c .
P . 0. Box 86, Bloomsdale, Missourl 6362�
as Principal, hereinafter called the Principal,
andthe United States Fidelity and Guaranty Company
of g 10 N. 1 1 t h S t r e e t , S t . L o u I s , M i s s o u r i 63101 (_314) 241-9190 , a corporation dul y organized under
the laws of the State of Ma r y i a n d ,as Suret y,hereinafter called the Suret y,are held and firml y bound unto
CITY OF CAPE GIRARDEAU, 401 INDEPENDENCE
CAPE G I RARDEAU, MI SSOUR I 63�01 as Obligee, hereinafter called the Obligee,
inthesumof Five percent of amount of total bld
Dollars ($ 5% of b i d ), 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,jointl y and severall y,firml y by these presents.
WHEREAS, the Principal has submitted a bid for REPLACEMENT OF SAN I TARY SEWER I N SEWER D I STR I CT
13—A
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed��t��"�eri�i�y
hereof between the amouM specified in said bid and such larger amount for which the Obligee may in good.fai�h co�tf�;.t
with another party to perform the Work covered by said bid, then this obligation shall be null and void, ott�df��ise t� remai�
in full force and effect. ' ' •-
Signed and sealed this 1�TH day of FEBRUARY !•+����, , 19 o�i '
---,—'
� . Bloomsdale Excavating Co. , iti.�. � (Se.�,i)
� ( ' Principal
David L. Figg Witness j �
�
J�rome . Govero, Vice Pr,eside'�titie
United States Fidelity ar�d Guaranty
Company
Nad i ne H. Gr I er Witness B �,V,u,�v_�� ���a�'�f�--
e b o r a h K . An d e I I Attorney-in-Fact
Lakenan Insurance Agency , Crystal City , Missouri
SG-541EP 2191 PRINTED IN U.S.A.
` PERFORMANCE BOND Bond 700121-
Conforms with The American Institute of Architects 10164945
AIA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY:
Bloomsdale Excavating Co . , Inc . United States Fidelity and Guaranty Company
P. O. Box 86 910 N. 11th Street
Bloomsdale , Missouri 6362� St . Louis , Missouri 63101
(314) 241-9190
OWNER (Name and Address):
City of Cape Girardeau
401 Independence
Cape Girardeau , Missouri 63�01
CONSTRUCTION CONTRACT
Date: Ma r c h 2 , 1994
Amount: Eighty—Four Thousand , Five Hundred Sixty—Five and 35/ 100 Dollars
( �84,565 .35)
Description (Name and Location): I mp r ov eme n t s To Sa n i t a r y Sewe r Sy s t em i n Sewe r D i s t r i c t 13—A
Cape Girardeau , Missouri
BOND
Date (Not earlier than Construction Contract Date): Ma r c h 3, 1994
Amount: Eighty—Four Thousand , Five Hundred Sixty—Five and 35/ 100 Dollars
( $84,565 . 35)
Modifications to this Bond: Q None � See Page 2
CONTRACTOR AS PRINCIPAL SURETY
Company: (CorporateSeal) United States Fidelity and Guaranty
Bloomsdale Excavating Co. , Inc . Company (Seal)
Signature: �-i.-vti..�-, �2�( ���.�.ti �- Signature:C � ` ,�r�=�•�--i�---_
Name and Title: Name and Ti le:D e b o r a h K . A n d e I I
(FOR INFORtiIATION ONLY-Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or
AGENT or BROKER:Lakenan I nsurance Agency other party):
400 S. Truman Blvd . , Crystal City , MO 63019
(314) 933-2449
� The Contractor and the Surety, jointly and severally, able time to perform the Construction Contract, but
bind themselves, their heirs, executors, administrators, s�ch an agreement shall not waive the Owner's right,
successors and assigns to the Owner for the performance if any, subsequently to declare a Contractor Default;
of the Construction Contract, which is incorporated herein and
by reference. 3.2 The Owner has declared a Contractor Default
2 If the Contractor performs the Construction Contract, and formall y terminated the Contractor's right to com-
the Surety and the Contractor shall have no obligation plete the contract. Such Contractor Default shall not be
under this Bond, except to participate in conferences as declared earlier than twenty days after the Contractor
provided in Subparagraph 3.1. and the Surety have received notice as provided in
$ If there is no Owner Default, the Surety's oblibation Subparagraph 3.1; and
under this Bond shall arise after: 3.3 The Owner has agreed to pay the Balance of the
3,� The O wner has notified the Contractor and the Contract Price to the Surety in accordance with the
Surety at its address described in Paragraph 10 below terms of the Construction Contract or to a contractor
that the O wner is considering declaring a Contractor selected to perform the Contruction Contract in ac-
Default and has requested and attem pted to arrange a cordance with the terms of the contract with the
conference with the Contractor and the Surety to be Owner.
held not later than fifteen days after receipt of such 4 W hen the O wner has satisfied the conditions of Para-
notice to discuss methods of performing the Contruc- graph 3, the Surety shall promptly and at the Surety's
tion Contract. If the Owner, the Contractor and the expense take one of the following actions:
Surety agree, the Contractor shall be allowed a reason-
Lakenan Insurance Agency , Crystal City , Missouri
SG-1852/EP 6/91 Page 1 Of 2 PRINTED IN U.S.A.
� PAYMENT BOND Bo�d �oo,2,-
Comforms with The American Institute of Architects 10164945
AIA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY:
Bloomsdale Excavating Co . , Inc . United States Fidelity and Guaranty Company
P . O . Box 86 910 N . 11th Street
Bloomsdale , Missouri 6362� St . Louis , Missouri 63101
(314) 241-9190
OWNER (Name and Address):
City of Cape Girardeau
401 Independence
Cape Girardeau , Missouri 63�01
CONSTRUCTION CONTRACT
Date: Ma r c h 2, 1994
Amount: Eighty-Four Thousand , Five Hundred Sixty-Five and 351100 Dollars
( �84,565 . 35)
Description (Name and Location): Improvements To Sani tary Sewer System i n Sewer Di str i ct 13-A,
Cape Girardeau , Missouri
BOND
Date (Not earlier than Construction Contract Date): Ma r c h 3, 1994
Amount: Eighty-Four Thousand , Five Hundred Sixty-Five and 35/ 100 Dollars
(584,565 .35)
Modifications to this Bond: Q None � See Page 2
CONTRACTOR AS PRINCIPAL SURETY
Company: (CorporateSeal) United States Fidelity and Guaranty
Bloomsdale Excavating Co. , Inc . Company (Seal)
Signature: `�ir.-rvZ-�.--� ��� ���-�.-c-�_, Signature:' „ ��`��u..z i �! J��^c:C��.�..._
Name and Title: Name and Title:D e b o r a h K. A n d e I I
(FOR INFORMATION ONLY-Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or
AGENT or BROKER:Lakenan I nsurance Agency other party):
400 S. Truman Blvd . , Crystal City , MO 63019
(314) 933-2449
� The Contractor and the Surety, jointly and severally, 3 `'�'ith respect to Claimants, this obligation shall be null
bind themselves, their heirs, executors, administrators, and void if the Contractor promptly makes payment, directly
successors and assigns to the Owner to pay for labor, or indirectly, for all sums due.
materials and equipment furnished for use in the perfor- q The Surety shall have no obligation to Claimants under
mance of the Construction Contract, which is incorporated this Bond until:
herein by reference. 4.1 Claimants who are employed by or have a direct
2 With respect to the O wner, this obligation shall be n�ll contract with the Contractor have given notice to the
and void if the Contractor: Surety (at the address described in Paragraph 12) and
2,� Promptly makes payment, directly or indirectly, sent a copy, or notice thereof, to the Owner, stating
for all sums due Claimants, and that a claim is being made under this Bond and, with
2,2 Defends, indemnifies and holds harmless the substantial accuracy, the amount of the claim.
Owner from claims, demands, liens or suits by any 4.2 Claimants who do not have a direct contract with
person or entity whose claim, demand, lien or suit is the Contractor:
for the payment for labor, materials or equipment ,� Have furnished written notice to the Contractor
furnished for use in the performance of the Construc- and sent a copy, or notice thereof, to the Owner,
tion Contract, provided the Owner has promptly notified within 90 days after having last performed labor
the Contractor and the Surety (at the address described or last furnished materials or equipment included
in Paragraph 12) of any claims, demands, liens or suits in the claim stating, with substantial accuracy,
and tendered defense of such claims, demands, liens the amount of the claim and the name of the
or suits to the Contractor and the Surety, and provided party to whom the materials were furnished or
there is no Owner Default. supplied or for whom the labor was done or
performed; and
SG-7853/EP 6191 Page 1 of 2 PRINTED IN U.S.A.
Lakenan Insurance Agency , Crystal City , Missouri
4,� Arrange for the Contractor, with consent of the ages caused b y dela yed performance or non-perfor-
Owner, to perform and complete the Construction mance of the Contractor.
Contract; or 7 The Surety shall not be liable to the Owner or others
q,2 Undertake to perform and complete the Contruc- for obligations of the Contractor that are unrelated to the
tion contract itself, through its agents or through Construction Contract, and the Balance of the Contract
independent contractors; or Price shall not be red�ced or set off on account of any such
4.3 Obtain bids or negotiated proposals from qualified unrelated obligations. No right of action shall accrue on
contractors acceptable to the Owner for a contract for this Bond to any person or entity other than the Owner or
performance and completion of the Construction Con- its heirs, executors, administrators or successors.
tract, arrange for a contract to be prepared for execution $ The Surety hereby waives notice of any change, includ-
by the Owner and the contractor selected with the ing changes of time, to the Construction Contract or to
O wner's concurrence, to be secured with performance related subcontracts, purchase orders and other obliga-
and payment bonds executed by a qualified surety tions.
equivalent to the bonds issued on the Construction 9 An y proceeding, legal or equitable, under this Bond
Contract, and pay to the Owner the amount of damages may be instituted in any court of competent jurisdiction in
as described in Paragraph 6 in excess of the Balance of the location in which the work or part of the work is
the Contract Price incurred by the Owner resulting located and shall be instituted within two years after
from the Contractor's default; or Contractor Default or within two years after the Contractor
4.4 waive its right to perform and complete, arrange ceased working or within two years after the Surety
for completion, or obtain a new contractor and with refuses or fails to perform its obligations under this Bond,
reasonable promptness under the circumstances: whichever occurs first. If the provisions of this Paragraph
,� After investigation, determine the amount for are void or prohibited by law, the minimum period ofi
which it may be liable to the Owner and, as soon limitation available to sureties as a defense in the juris-
� as practicable after the amount is determined, diction of the suit shall be applicable.
tender payment therefor to the Owner; or �0 Notice to the Surety, the Owner or the Contractor
,2 Deny liability in whole or in part and notify the shall be mailed or delivered to the address shown on the
Owner citing reasons therefor. signature page.
5 If the Surety does not proceed as provided in Paragraph �� When this Bond has been furnished to comply with a
4 with reasonable promptness, the Surety shall be deemed statutory or other legal requirement in the location where
to be in default on this Bond fifteen days after receipt of an the construction was to be performed, any provision in this
additional written notice from the Owner to the Surety Bond conflicting with said statutory or legal requirement
demanding that the Surety perform its obligations under shall be deemed deleted herefrom and provisions conform-
this Bond, and the Owner shall be entitled to enforce any ing to such statutory or other legal requirement shall be
remedy available to the Owner. If the Surety proceeds as deemed incorporated herein. The intent is that this Bond
provided in Subparagraph 4.4, and the Owner refuses the shall be construed as a statutory bond and not as a
payment tendered or the Surety has denied liability, in common law bond.
whole or in part, without further notice the Owner shall be �2 DEFINITIONS
entitled to enforce any remedy available to the Owner. �2.� Balance of the Contract Price: The total amount
g After the Owner has terminated the Contractor's right payable by the Owner to the Contractor under the
to complete the Construction Contract, and if the Surety Construction Contract after all proper adjustments
elects to act under Subparagraph 4.1, 4.2, or 4.3 above, have been made, including allowance to the Con-
then the responsibilities of the Surety to the Owner shall tractor of any amounts received or to be received by
not be greater than those of the Contractor under the the Owner in settlement of insurance or other claims
Construction Contract, and the responsibilities of the Owner for damages to which the Contractor is entitled,
to the Surety shall not be greater than those of the Owner reduced by all valid and proper payments made to or
under the Construction Contract. To the limit of the amount on behalf of the Contractor under the Construction
of this Bond, but subject to commitment by the Owner of Contract.
the Balance of the Contract Price to mitigation of costs and �2,2 Construction Contract: The agreement between
damages on the Construction Contract, the Surety is the Owner and the Contractor identified on the sig-
obligated without duplication for: nature page, including all Contract Documents and
g,� The responsibilities of the Contractor for correc- changes thereto.
tion of defective work and completion of the Construc- 12.3 Contractor Default: Failure of the Contractor,
tion Contract; which has neither been remedied nor waived, to
6,2 Additional legal, desibn professional and delay perform or otherwise to comply with the terms of the
costs resulting from the Contractor's Default, and Construction Contract.
resulting from the actions or failure to act of the Surety �2,q Owner Default: Failure of the Owner, which
under Paragraph 4; and has neither been remedied nor waived, to pay the
6.3 Liquidated damages, or if no liquidated damages Contractor as required by the Construction Contract
are specified in the Construction Contract, actual dam- or to perform and complete or compl y with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Lakenan Insurance Agency , Crystal City , Missouri
SG-1852IEP 6I91 Page 2 of 2 PRINTED IN U.S.A.
,2 Have either received a rejection in whole or in jurisdiction in the location in which the work or part of the
, part from the Contractor, or not received within work is located or after the expiration of one year from the
30 days of furnishing the above notice an y date (1) on which the Claim ant gave the notice required by
communication from the Contractor by which Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
the Contractor has indicated the claim will be labor or service was performed by anyone or the last
paid directly or indirectly; and materials or equipment were furnished by anyone under
,3 Not having been paid within the above 30 days, the Construction Contract, whichever of (1) or (2) first
have sent a written notice to the Surety (at the occurs. If the provisions of this Paragraph are void or
address described in Paragraph 12) and sent a prohibited by law, the minimum period of limitation avail-
copy, or notice thereof, to the Owner, stating able to s�reties as a defense in the jurisdiction of the suit
that a claim is being made under this Bond and shall be applicable.
enclosing a copy of the previous written notice 12 Notice to the Surety, the Owner or the Contractor
furnished to the Contractor. shall be mailed or delivered to the address shown on the
5 If a notice required by Paragraph 4 is given by the signature page. Actual receipt of notice by Surety, the
Owner to the Contractor or to the Surety, that is sufficient Owner or the Contractor, however accomplished, shall be
compliance. sufficient compliance as of the date received at the address
g When the Claimant has satisfied the conditions of shown on the signature page.
Paragraph 4, the Surety shall promptly and at the Surety's 13 When this bond has been furnished to comply with a
expense take the following actions: statutory or other legal requirement in the location where
s,� Send an answer to the Claimant, with a copy to the construction was to be performed, any provision in this
the Owner, within 45 days after receipt of the claim, Bond conflicting with said statutory or legal requirement
stating the amounts that are undisputed and the basis shall be deemed deleted herefrom and provisions con-
for challenging any amounts that are disputed. forming to such statutory or other legal requirement shall
6,2 Pay or arrange for payment of any undisputed be deemed incorporated herein. The intent is that this
amounts. Bond shall be construed as a statutory bond and not as a
7 The Surety's total obligation shall not exceed the common law bond.
amount of this Bond, and the amount of this Bond shall be �q Upon request by any person or entity appearing to be
credited for any payments made in good faith by the a potential beneficiary of this Bond, the Contractor shall
Surety. promptly furnish a copy of this Bond or shall permit a copy
$ Amounts owed by the Owner to the Contractor under to be made.
the Construction Contract shall be used for the perfor- 15 DEFINITIONS
mance of the Construction Contract and to satisfy claims, �5,� Claimant: An individual or entity having a
if any, under any Construction Performance Bond. By the direct contract with the Contractor or with a sub-
Contractor furnishing and the Owner accepting this Bond, contractor of the Contractor to furnish labor, materials
they agree that all fands earned by the Contractor in the or equipment for use in the performance of the Con-
performance of the Construction Contract are dedicated to tract. The intent of this Bond shall be to include
satisfy obligations of the Contractor and the Surety under without limitation in the terms "labor, materials or
this Bond, subject to the Owner's priority to use the funds equipment" that part of water, gas, power, light, heat,
for the completion of the work. oil, gasoline, telephone service or rental equipment
g The Surety shall not be liable to the Owner, Claimants used in the Construction Contract, architectural and
or others for obligations of the Contractor that are unrelated engineering services required for performance of the
to the Construction Contract. The Owner shall not be liable work of the Contractor and the Contractor's sub-
for payment of any costs or expenses of any Claimant contractors, and all other items for which a mechanic's
under this Bond, and shall have under this bond no lien may be asserted in the jurisdiction where the
obligations to make payments to, give notices on behalf of, labor, materials or equipment were furnished.
or otherwise have obligations to Claimants under this 15,2 Construction Contract: The agreement between
Bond. the Owner and the Contractor identified on the signa-
�Q The Surety hereby waives notice of any change, ture page, including all Contract Documents and
including changes of time, to the Construction Contract or changes thereto.
to related subcontracts, purchase orders and other obliga- �5,3 Owner Default: Failure of the Owner, which
tions. has neither been remedied nor waived, to pay the
�� No suit or action shall be commenced by a Claimant Contractor as required by the Construction Contract
under this Bond other than in a court of competent or to perform and complete or compl y with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
SG-1853/EP 6/91 Page 2 of 2 PRINTED IN U.S.A.
Lakenan Insurance Agency , Crystal City , Missouri
� �,_.«�.
� 746207
ITNITED STATES FIDELTTY AND GUA�RANTY COMPANY �
,�,��
POWER OF ATTORNEY � �
NO. 108143 .�
KNOW ALL MEN BY T7-[ESE PltFSEIVTS:Tbat CJNiTED STATES FIDELIIY AND GUARAN7Y COMPANY,a corporation organized and existing �
under the laws of the State of Maryland and having its principal office at the City of Baltimore,in t6e State of Marylaud,dces hereby constitute and appoint
R. Lee Lottes, Barbara M. Flieg, Cheryl A. LaRose, Deborah K. Andell and Nadine H. C�rrrnler
of the City of St2. Genevieve ,State of T�ISSOLII'1 its true and lawful Attorney(s}in-Fact,eac6 in their separate
capacity if more than one is named above,to sigu its name as surery to,and to execute,seal and aclmowledge any aud all bonds,undertalongs,contracts and other
written iosttuments in the aalure thereof oo behalf of the Company in its business of guacauteeing the fidelity of persons;guazanteeing the perfonnance of contracts;
and executing or guaranteeing boods and unde[takings required or pemtitted io any actions or pcoceediags allowed by law. �
[n Witness Whercof,the said UNITED STATES FIDELI7Y AND GUARAN7Y COMPAMY has caused this instnunent to be sealed with its co�pocate seal, �
duly attested by the signatures of its Senior Vice Presideot and Assistant Secretary,this 14th day of Jdf1Ud1'y ,A.D. 19 94. q
trµp UNITED STATES FIDELITY AND GUARANTY COMPANY �
��jJ� . ?
� ��t0� (Signed) By...�� / �
.... . ..... —�__.... A
o��A�B � Senior Vice President �
a�•
(Signed) By........ .�.......:.............................. �
Assistant Secretary
STATE OF MARYLAND)
SS:
BAL,7IMORE CITY )
Onthis 14tlldayof J3n�� ,A.D. 199/.�,beforemepersonallycame Robert J. Lamendola
Senior Vice Ptesideut of the IJNITED STATES FIDELIIY AND GUARAN'iY COMPANY aod Paul D. Sims .Assistant
Secretary of said Company,with bo[6 of whom[am persooally acquainted,w6o being by me severally duly sworo,said,that they,t6e said Rob e r t .T. �
Lamendola and Paul D. S11itS were respectively the Senior Vice Pcesident and the Assistant Secretary of
the said LJNiTED STATES FIDELITY AND GUARAN7Y COMPAIVI,the corporation descnbed in and which executed the foregoing Power of Attomey;that they �
each knew the seal of said corporatioo;that the seal affixed to said Power of Attomey was such coryo�ate seal,that it was so affixed by order of the Board of Directors �
of said corporatioo,and thal they si�ed their oames therMo by like order as Senior Vice President and Assistaot Secretary,respectively,of the Company.
MyCortunissionexpiresthe llttl day�o .March A.D. 19 9S • °
�Y 'v R �2l -�t,�: �..��u�:S^- �
",` 's �
�*�': (Si�ed) . ...
� NOTARY PUBLIC
T6is Power of Attorney is Banted under aud by authonty of the followiug Resolutions adopted by the Board of Directors of the[IMTED STATES
FIDELI7Y AND GUARANiY COMPANY on September 24, 1992: �
RESOLVED,that in connection with the fidelity and surety iosutance business of t6e Company,all bonds,undettakings,contruts aod other instruments
relatiog to said business may be si�ed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attomey issued in
accordance with t6ese resolutions. Said Power{s)of Attomey for and on be6alf of the Company may and shall be executed in the name and on behalf of t6e Company,
either by t6e Chairman,or the Presideot,or aa Executive Vice P�esident,or a Senior Vice President,or a V ice President or an Assistant Vice Presideot,joindy wit6 t6e
Secretary or an Assislant Secretary,under t6eir respective designations. �e signature of such officers may be engeaved,printed or lithographed. The signature of each
of the foregoing officers and the seal of t6e Company may be affixed by facsimile to aoy Power of Attorney or to any ceRificate relating thereto appointiog
Attomey(s}in-Fact for purposes ouly of executing and attesting bonds and undeRakings and other writings obligatory in the oature thereof,and,unless subsequently
revoked and subject to aay limitations set forth theeeio,aoy such Power of Attomey or ceRificate bearing such facsimile si�ature or facsimile seal shall be valid and y
biuding upon the Company and any such power so executed aod ceRified by suc6 facsimile signature aod facsimile seal shall be valid and bioding upoo the Compaoy q
with respect to any bond or undertaldng to which it is validly atiached. �"
RESOLVED,t6at Attornry(s}io-Fact shall have the power aod aut6ority,unless subsequenNy revoked and,in any case,subject to t6e tetms and limitations �
of t6e Power of Attomey issued to them,to execute and deliver on behalf of the Compauy aod to attach the seal of t6e Compaoy to any and all bonds and undeAakings, �
aod ot6er writiogs oblip�tory io the osture thereof,and any such instniment executed by such Attocney(s)-in-Fact shall be as bioding upoo[he Company as if sigued by
an Executive Officer and sealed and attested to by the Secretary of the Company. q
I, Paul D. S lIDs ,an Ascistant Secretary of the[1NITED STATES FIDELI'I1'AND GUARATv'TY COMPANY, �
do hereby certify lhal lhe forogoiug is a ttue excerpt from the Resolution of the said Company as adopted by its Boazd of Directors oo September 24, 1992 and that this �
Resolution is in full force and effcet.
l,the uudecsi�ed Assistaat Secretary of t6e iJNITED STATES FIDELITY AND GUARAN7Y COMPANY do hereby cenify that the foregoiog Power of �
Attorney is in fu0 focce and effect and ha:not beeu revoked. �
In Testimony W6ercof,I Lave 6ercunto xt my haod and the seal of t e [TED STATES FIDELI'IY AND GUARANTY COMPANY oo this 3 Yd day &
af March .�9 94 ^ p �
����� G+� � �
� ................... �
.......................ry
� roo'�cm
� 1991i � Assistaot Secreta
��n��+�
FS 3(10-92)
CHANGE ORDER #1
PROJECT TITLE Replacement of Sewer in Sewer District 13-A
CONTRACT DATE March 18, 1994
CONTRACTOR Bloomsdale Excavatina Companv Inc
The following changes are hereby made to the Contract Documents :
Repairs on upstream segment of sewer line between College
Street and Herman, consisting of replacement of approximately 93
feet of line amd 7 wyes as detailed on Exhibit "A" which is
attached to and part of this document .
Increase quantity of Item 2, 8" Sanitary Sewer 93 ' $2, 511
Increase quantity of Item 7, Wyes 7 $ 245
Increase quantity Item 10, Service Connections 7 $1, 050
Additional seed and straw with erosion control
netting in ditch channel (Lump Sum) L. S . $ 4 , 500
JUSTIFICATION $ 8, 306
To eliminate known points of inflow and infiltration.
CHANGE TO CONTRACT PRICE
Original Contract Price :
$ 84, 565 . 35
Current Contract Price, as adjusted by previous Change Orders :
$ 84, 565 . 35
Current Contract Price due to this Change Order will increase by:
$ 8, 306.00
The new Contract Price due to this Change Order will be :
$ 92, 871 . 35
CHANGE TO CONTRACT TIME
The Contract Time will be increased by seven (7) days .
APPROVALS REQUIRED:
To be effective, this Order must be approved by the Owner if
it changes the scope or objective of the project, or a may
otherwise be required under the terms of the Supplementary General
Conditions of the Co�tract .
� i` r
-,� � � ,
Recommended by `w- `�,L.�--.,,�.�, ����.-�,.,���:� ,; Date ! � � - ��
City Enginee'r�
,,�� �� ' � /`
Approved by , - " ; ; _ '� Date__� �'fi�f�
C�ty �fiager '
Accepted by � f /�?�Gl.�".=`; Date `?-/� -� ��
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