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Res.2856.12-01-2014
BILL NO. 14-188 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COTNER ELECTRIC CO., INC., FOR THE BATTERY BACK-UP FOR TRAFFIC SIGNALS 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 Cotner Electric Co., Inc., for the battery back-up for traffic signals, in the City of Cape Girardeau. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF 014. Harry E. Rediger, Mayor ATTEST: 4A. 0� &0,6( Gayl L. Conrad, City Clerk d CITY OF CAPE GIRARDEAU BATTERY BACK-UP FOR TRAFFIC SIGNALS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2014 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Cotner Electric 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 improvement shall consist of furnishing all materials, equipment, appurtenances and labor to install the specified battery' backup systems on existing traffic signals in five separate locations in the City of Cape Girardeau, Missouri. The locations for the work to be performed are William and West End, William and Sprigg, Independence and Sprigg, Normal and Sprigg, and Caruthers and Broadway. Work shall include purchase, delivery, mounting enclosures, alteration to existing equipment if needed, connections for power and controls, all as necessary to complete a fully functioning battery backup system in each location. 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 Forty-five (45) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within Si 60 calendar days after the date when the Contract Times commence to run. A-1 y NOTE: Lead time for materials is not included in the above contract times. The contractor shall order the items necessary to complete the project within 10 calendar days from the Notice of Award date A Notice to Proceed will be given when contractor has received the ordered items. 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 $300.00 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 $500.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: 4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: Thirty-two thousand five hundred dollars and zero cents ($ 32,500.00 ) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by 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 M recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5. 1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5. 1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 95% 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. 95% (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 98% 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: A-3 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been- identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract A-4 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 to inclusive). 8.2 Exhibits to this Agreement (pages BF- to BF- , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC-No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title Battery Back-up for Traffic Signals 8.8 Drawings. (None) 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -7 , inclusive) marked exhibit A . 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. A-5 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding *on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. 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 beewsigned, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER CitvorCape Gira Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. CONTRACTOR Cot I 2014 (which is the Inc. Cape Girardeau, MO 63703 License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) By: [C0RPO R - -TP �> J `��� ��� o _'� Attest - �• _ ces* Address for giving not • • • • .. 2049 Southern Expressway Cape Girardeau, MO 63703 License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) 0.0111-11110 CITY OF CAPE GIRARDEAU BATTERY BACK-UP FOR TRAFFIC SIGNALS BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION. The improvement shall consist of furnishing all materials, equipment, appurtenances and labor to install the specified battery backup systems on existing traffic signals in five separate locations in the City of Cape Girardeau, Missouri. The locations for the work to be performed are William and West End, William and Sprigg, Independence and Sprigg, Normal and Sprigg, and Caruthers and Broadway. Work shall include purchase, delivery, mounting enclosures, alteration to existing equipment if needed, connections for power and controls, all as necessary to complete a fully functioning battery backup system in each location. THIS BID IS SUBMITTED TO. CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the teens and conditions of the Advertisement orinvitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days atter the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that. (a) BIDDER has examined and carefully studied the Bidding Documents and the following: Addenda, receipt of all which is hereby acknowledged. (List Addenda by addendum Number and Date) M0 alt (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work, BF -1 (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 fumishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDERS purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data conceming conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or fumishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and fumishing 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. (t) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written 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 fumishing 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 orinduced any person, firm orcorporation 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) Pursuant to 285.530 RSM6, the bidder must affirm its enrollment and participation -in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by BF -2 O submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and • providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. • htto.llwww.uscis.goyloorfaUsiteluscis (j) Bidders are informed that the Project is subject to the requirements of Section 292.675, R. S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA') or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL QTY PRICE EST. PRICE 1. Battery Back -Up for Traffic Signals 2 Traffic Control EA LS TOTAL BID FOR ALL UNIT PRICES wio _77/ ays 5 $�0b° $,_704 do19,o $ SOO, oc $ 3 Ted, (.1 e7 eylre-al do /!Glrs QYi'e lye.? ciEi7f5 (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy,' the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. 1ym3 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 Forty-five (45) calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within Six 60 calendar days afterthe date when the Contract Times commences to run. NOTE: Lead time for materials is not included in the above contract times. The contractor shall order the items necessary to complete the project within 10 calendardays from the Notice of Award date. A Notice to Proceed will be given when contractor has received the ordered items. 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) Any Addenda issued. (c) Exhibit Affidavit of Work Authorization (d) The E -Verify Program for Unemployment Verification Memorandum of Understanding http.-I www.uscis.govlfiles/nativedocuments/MOU.pdf (e) Exhibit Affidavit of OSHA Training (f) Certification Regarding Debarment, Suspension and Other Responsibility Matters 7. Bidder agrees to submit the following documents within three (3) business days after the opening of Bids if requested. (a) BIDDER'S Qualification Statement with supporting data. 8. Communications concerning this Bid shall be addressed to: Name an n & T Ae-(1 Address a 6 11Q S m U i hef n CX (a) Performance and Payment Bonding Company Name Ol of Corn A 4n y No Address AgentlPower of Attorney Name (if used) Odd rd © til i C IVA-M, Address 9. 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 20 State Contractor License No. IF BIDDER is: An Individual BY doing business as Business address: Phone No.: (Individual's Name) (SEAL) A Partnership BY (SEAL) (FinnName) (General Partner) Business address: Phone No.: A Corporation BY 0 fAer E I e dn"(- C O. (SEAL) (Corporation Name) (State of Incorporation) B -,j (S Mid 1.c-bi)Q� Y �� (SEAL) J n; ?i; J ',(Nam e of Person Authorized to Sign) 2111 I- =_ ` o` `' �t/e) 'hr� ar . �orpc ' to e�'1) �X .� J �. C Rest% �� • - , s . �' �, ., Business address ` BF -5 Phone No:: 573-335-81/0 Date of Qualification to do business is 1 Q 7 /p A Joint Venture By (SEAL) (Name) (Address) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) MW BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: It is anticipated that the following subcontractors will be employed for work on this project: All subcontractors listed have been found to be in good standing by with the Missouri Secretary of State. SUBCONTRACTORS: (Name of Company) : EX)FIIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW OI Tame) �jjlk f, -f n EIA I'% f as (Office Held) srecrA&ry of (Company Name/Contractor) D l� )L� r C� Q CTIf i �. C 0 and Ent being duly sworn, on my oath, affirm as follows: �i 1. (Company Name/Contractor) e o 1 C1, Lor Cr J e L4YIL is enrolled and will continue to participate in a federal work authorization program in respect to employees that will -work in connection with the contracted services related to (Project Name) &4ry A177t -H77�G 4 "9 ha)6 for the duration of the contract in accordance with RSMo Chapter 285.530(2). 2. I also affirm that (Company Name/Contractor) 9ofner El ec*LG CO does not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Project Name) .3Q f kry ti up rIr / /moi G �f 4�i4 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.) &4AerEdee4/'IL LSO. (name of corporation) By: (name of officer of corporation and title) ATTEST: q),EMM*. Secretary (or other officer) (SEAL OF CORPO}�'i}`,; r s� E A, L STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this dap of , 20_, before me appeared Waren C)+n cr , to me personally known, who, being by me duly swom, did say that he/she is theySf!t re f t( of PV nP(-E[ e L+ric. CO 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. Notary Public My Commission Expires: �A-bo a D, a 0! ? PRISCILLA B. HUNTER Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission # 13520356 My Commission Expires April 20, 2017 EXHIBIT AFFIDAVIT OF OSHA TR.ARONG COMES NOW (Name)_ siren epi 1)Ugars (Office Held) .sec re4d� of (Company Name/Contractor) eDiNr EletTri'L L �• and first being duly sworn, on my oath, affirmin connection with the contracted services related to A14fnG h X7/1 Fo r- 7 _(l(��j% i 0roject 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, RSMo. 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 shall require all of its Subcontractors to comply with the requirements of Section 292.675, RSMo. 5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety 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. 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.) By: ATTEST: Secretary (or other officer) (SEAL OF CORPORATION) STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU bfn er E l eL rlt, & (name of corporation) !i fpn 9cf-ner. Ael* re4nry (name of officer of corporation and tide) _ .tel L� -�• -• Ll .b ss. On this L- day of 0 20JAbefore me appeared 6cen Lbber , to me personally known, who, being by me duly sworn, did say that he/she is the�PLrf-6rl, of 0-utr1 Fl Ile e rL[_ Co. , 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. Notary Public My Commission Expires: A rIL0-40,.20/--/ BHUNTER Notary Seal deau County F=7N0TaryPubllc,' pires Aprri 1205 2011 �'"} CITY CAPE stir G 1 R A R D E A U 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 (Federal, 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. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to S 10,000 or imprisonment for up to five (5) years or both. Typed Name & Title of Authorized Representative Suture of Authorized Representative Date ❑ I am unable to certify to the above statement. My explanation is attached. EI—V-erlry. Company ID Number 180313 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I -- -- _----- -- -- ---- _ ___-- -- - _DI 1RPOSC AAAI AI I-rUnDI-rV -- _—_ - -- _----- - This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Cotner Electric Company, Inc (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E - Verify). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104=208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor) to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1 SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational ----problems -that-MaVarise-during—the Em. lrn-vPr'c—lnaCtiripafinr� in—+hc—F_ /crifi�.,cor.�;+m__c��-___- ---- - .--- j r , . . agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S C. § 552a), the Social Security Act (42 U.S.0 1306(a)), and SSA regulations (20 CFR Part 401) c G. son Dc. 1012f-./.r.'i. -Ve- Company ID Number. 180313 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Danielle K Cotner Telephone Number. (573)335-8110 Fax Number. (573) 335 - 2340 E-mail Address: daniellecotner ����erint @[est�lt�! tc rye. toM Name: Karen m Cotner Telephone Number (573) 335 - 8110 Fax Number. (573) 335 - 2340 E-mail Address: y4ren cofnere cbfnere-lec�r. e-. to" Fa s13 oP M- ,. ," Date 101=9,08 mom h-�Verify. 45 '� IIIUII C=nRIF' IPA SERVICE of Dms Company ID Number 180313 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888-464-4218. Employer Cotner Electric Company, Inc. Karen Cotner Name (Please Type or Pnnt) Signature Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Pnnt) Electronically Signed Signature Page Il of i3,�=.'erri MOU for Date 101/29,'Ge �SPCr.�+ar Me 01/14/2009 Date Title 01/14/2009 uaLe Bond No. The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Cotner Electric Co., Inc. 2049 Southern Expressway Cape Girardeau, MO 63703 as Principal hereinafter called the Principal, and Old REpublic Surety Company a corporation duly organized under the laws of the state of Wisconsin 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 5% of Bid Amount Dollars ($ 5% 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. WHEREAS, the Principal has submitted a bid for Battery Backup For Traffic Signals 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 gi-ve such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th W i tnes s ORSC 21328 (5/97) ;I •,� day of November 041 COTNER ELECTRIC CO INC -t r ELl.� R- •"- � r •� Principal (S�nljd �• o L v3 •'• pJ OLD REPUBLIC SURETY COMPANY Surety���►'in << (///J�/ B I - 1 Witness To d A. Ward Attornev-in-Fact ACKNOWLEDGMENT OF SURETY State of Missouri County of CapeGirardeau On this 25th day of November , 2014 Personally appeared before me -Todd A. Ward who being duly sworn did depose and say that he/she is the attorney-in-fact of the Old Republic Surety Company of Milwaukee, WI, 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 PRISCILIA B. HUNTER Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission # 13520356 My Commission Expires April 20, 2017 * OLD REPUBLIC s>R$T'Y COMPANY * * * * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint TODD A. WARD, PRISCILLA B. HUNTER, NANCY C STRAUSER, OF CAPE GIRARDEAU, MO its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof; (other than bail bonds. bank depository bonds. mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lune bonds), as follows - ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE MILLION DOLLARS($5,000,000` FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-m-Fact, pursuant to these presents, are ratified and confirmed This document is not valid unless pnntedon colored background and is multi -colored This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the followmg resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deriver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney -m -fact or agent and revoke any Power of Attorney previously granted to such person RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (u) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be requred) by a duly authorized attomey-m-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 24TH day of JANUARY, 2014 OLD REPUBLIC SURETY COMPANY ,•'e seoe"e �1 JeJ r} r �'1.•{ ,' � f �n.rowa,� • pzf le,o SEAL -; STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS President On this 24TH day of JANUARY, 2014 ' , personally came before me, Alan Pavlic I, and Phyllis M. Johnson to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation Notary Public My commission expires: 9/28/2014 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force 40-3608 Signed and sealed at the City of Brookfield WI this 25th day of November, 2014 e Jew ,C-. - �J SEAL _ sg D CONSOLIDATED INSURANCE AGENCY CONTRACTOR (Name and Address) Cotner Electric Co., Inc. 2049 Southern Expressway Cape Girardeau, MO 63703 OWNER (Name, Address & Representative Name) City of Cape Girardeau 4011ndependence Cape Girardeau, MO 63703 CONSTRUCTION CONTRACT Date Bond # 2144656 PAYMENT BOND The American Institute of Architects, AIA Document No A312 (December, 1981 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable SURETY (Name and Principal Place of Business): Old Republic Surety Company P.O. Box 1635 Milwaukee, WI 53201 Amount $32,500.00 Description (Name and Location) Battery Backup for Traffic Signals, Cape Girardeau, MO 63701 BOND Date (Not earlier than Construction Contract Date). Amount $32,500.409 a_ - _- 0 Modifications to,th ' 3 6i `t Q on q� s, O See Page 2 4 D G.F'] r `N .� CONTRACTOR AS AlkrpAI - r1 f• •= f- C) r� Company .4 0 JCorporate Seal) COTNER ELE9--T-,RIC,,CE:; ING,— ' by W. Signature f7 Name and Title (Any additional signatures appear on Daoe 2 ) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER Agent Todd A. Ward 2909 Beaver Creek Cape Girardeau, MO 63701 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor 2 1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2 2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due 4 The Surety shall have no obligation to Claimants under this Bond until SURETY Company (Corporate Seal) Old Republic Surety Company Signature Name and Title Todd A. Ward, Attorney -In -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party) City of Cape Girardeau 4011ndependence Cape Girardeau, MO 63701 4 1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim 4 2 Claimants who do not have a direct contract with the Contractor 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed-, and 2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly, and 3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor oRic22114(7-93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions 6 1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the bans for challenging any amounts that are disputed . 6 2 Pay or arrange for payment of any undisputed amounts 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's pnonty to use the funds for the completion of the work 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond 10 The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4 1 or Clause 4 2 3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made 15 DEFINITIONS 15 1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the junsdic- tion where the labor, materials or equipment were furnished. 15 2 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15 3 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof (Space is provided below for additional signatures of added parties, other than those appearing on the cover page ) CONTRACTOR AS PRINCIPAL Company Signature _ Name and Title Address SURETY (Corporate Seal) Company Signature: _ Name and Title Address Page 2 of 2 (Corporate Seal) CONTRACTOR (Name and Address) Cotner Electric Co., Inc. 2049 Southern Expressway Cape Girardeau, Mo 63703 CONSTRUCTION CONTRACT Date Amount. $32,500.00 Bond # 2144656 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. OWNER (Name and Address) City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 SURETY (Name and Principal Place of Business) Old Republic Surety Company P.O. Box 1635 Milwaukee, WI 53201 Description (Name and t-ocabon) Battery Backup for Traffic Signals, Cape Girardeau, MO 63701 BOND ;:; 1Q. iiirrr, Date (Not earlier than Cor] rgcbta 1�b'ntract Date) Amount $32,5ft& r� Modifications to 8&$ Bo{rd= ,d •• t1 _ _ m CONTRACTOR�A$ P1N'&PALI'.� n Company3t� ';���5� (Corporate Seal) COTNER ELEc_TI R1CLGr0 Signature z Name and Title (Any additional signatures appear on page 2 ) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER. Agent Todd A. Ward 2909 Beaver Creek Cape Girardeau, FAO 63701 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3 1. 3 If there is no Owner Default/ the Suretys obligation under this Bond shall anse after 3 1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default, and 3 2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3 1; and ORSC 22119 (10-93) ® None SURETY ❑ See Page 2 Company (Corporate Seal) Old Republic Sure dzCompany Signature Name and Tale Todd A. Ward, Attorney -In -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party) City of Cape Girardeau 4011ndependence Cape Girardeau, MO 63701 3 3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions 4 1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4 2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors, or 4 3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default, or Page 1 of 2 4.4 Waive its right to perform and complete, arrange for completion, Or obtain a new contractor and with reasonable promptness under the circumstances 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner If the Surety proceeds as provided in Subparagraph 4 4, and the Owner refuses the payment tendered or the Surety has denied Lability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4 1, 4 2, or 4 3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract, 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4, and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract actual damages caused by delayed performance or non-performance of the Contractor 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, Purchase orders and other obligations 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the locahon in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision to this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract 12 2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto 12 3 Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof (Space is provided below for additional signatures of added parties other than those appearing on the cover page ) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY Company Company Address Address Name and Title: Name and Title Signature: Signature (Corporate Seal) ORSC 22119 (10.93) Page 2 of 2 State of Missouri County of Cape Girardeau On this 8th ACKNOWLEDGMENT OF SURETY day of December 2014 Personally appeared before me Todd A. Ward who being duly sworn did depose and say that he/she is the attorney-in-fact of the Old Republic Surety Company of Milwaukee, WI, 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 PRI SC l Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission # 13520356 My Commission Expires April 20, 2017 * OLD REPUBLIC SURETY COMPANY * * * * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: TODD A. WARD, PRISCILLA B. HUNTER, NANCY C. STRAUSER, OF CAPE GIRARDEAU, MO its true and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE MILLION DOLLARS($5,000,000)------------------------- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 24TH day of JANUARY, 2014. OLD REPUBLIC SURETY COMPANY g SEAL Ass - Se ola,. o = s 1,4L rN, •p STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS ', President On this 24TH day of JANUARY, 2014 personally came before me, Alan Pavlic and Phyllis M. Johnson , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Notary Public My commission expires: 9/28/2014 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attomey, are now in force. 40-3608ume., Signed and sealed at the City of Brookfield, WI this 8th day of DeCetnbeT, •I• os, C g SEAL ; € �o t= — 3t As'- -ant Sec t , \rNrrrrrrfliY,w CONSOLIDATED INSURANCE AGENCY 22851-W COTNE-2 OP ID: PH ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/2014 Y) 12/08/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Consolidated Insurance Agency 2909 Beaver Creek Dr Cape Girardeau, MO 63701 NAMEACT Todd A Ward PHONE 573-334-6094 JX No 573-334-8548 A/c No Ext ADDRESS ciacape@ciains.net Todd A Ward INSURERS AFFORDING COVERAGE NAIC k INSURER United Fire 8r Casualty Company 13021 EACH OCCURRENCE $ 1,000,00 INSURED Cotner Electric Co., Inc. INSURER B INSURER C 2049 Southern Expressway Cape Girardeau, MO 63703 INSURER D INSURER E 05/07/2014 INSURER F MED EXP (Any one person) $ 5,00 r•nrcoArl-ee t-POTIPIreTF NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADO B POLICY NUMBER EFF MMLDDYlYYYYr05/07/2015 EXP LIMITS A X COMMERCIAL GENERAL LIABILITY n�nn nrl��noATln 11 � 4c rocnrvo rl EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTEIT_ PREMISES Ea occurrence S 100,00 CLAIMS -MADE OCCUR X X 60445556 05/07/2014 MED EXP (Any one person) $ 5,00 ExUltra Liab Plus PERSONAL & ADV INJURY $ 1,000,00 GENT AGGREGATE LIMIT APPLIES PER POLICY PRO- JECT LOC GENERAL AGGREGATE $ 2,000,00 PRODUCTS -COMP/OP AGG $ 2,000,00 S OTHER AUTOMOBILE LIABILITY EaaccdentMBINED SINGLELIMIT $ 1,000,00 BODILY INJURY (Per person) $ A X ANY AUTO X X 60445556 05/07/2014 05/07/2015 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS Bus Auto Ultra I I PROPERTY DAMAGE $ Per acadent $ AEXCESS X UMBRELLA LIAB LIAB X OCCUR CLAIMS -MADE X X 60445556 05/07/2014 05/07/2015 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 F—IEDT7RETEN'ION $ WORKERS COMPENSATION $ X PER OTH- STATUTE ER E L EACH ACCIDENT $ A AND EMPLOYERS' LIABILITY1,000,00 ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED) a (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA1,000,00 60445556WC 05/07/2014 05/07/2015 EEL DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ 1,000,00 A A Installation Leased Egwulpment 60445556 60445556 05/07/2014 05/07/2014 05/07/2015 05/07/2015 500,000 $1000 De 100,000 $1000 De DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CITY OF CAPE GIRARDEAU IS NAMED AS AN ADDITIONAL INSURED IN RESPECT TO LIABILITY ARISING FROM THE OPERATION OF THE NAMED INSURED FOR PROJECT - BATTERY BACKUP FOR TRAFFIC SIGNALS, CAPE GIRARDEAU, MO. INSURANCE IS ON A PRIMARY AND NON CONTRIBUTORY BASIS. WAIVER OF SUBROGATION GRANTED WHERE LEGAL BY LAW. CERTIFICATE HULUtK CAPEGIR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF CAPE GIRARDEAU 401 INDEPENDENCE CAPE GIRARDEAU, MO 63701 AUTHORIZEDIREPRESENTATIVE T d and ' I n�nn nrl��noATln 11 � 4c rocnrvo rl W I VOO-LV IY -11 _ ACORD _ vACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD