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Home My WebLink AboutRES.1437.02-16-1999 � i •r BILL N0. 99-48 RESOLUTION N0. ��j� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT CO. , INC. , FOR THE HOPPER ROAD EXTENSION, PHASE IIA 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 Nip Kelley Equipment Co . , Inc. for the Hopper Road Extension, Phase IIA, a part of the Transportation Trust Fund Program. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �� UAY OF � � � � , 19 `f�'I A. . `Sprad ing, III, Ma o AT TE S T: O� ��R.�*��,r �,� �-� �-��.,�... � � � ; � � �'' �, �a � ' ' � v i ,� �,� Gayl, L. Conrad * '��. �_' �� ' �� Deputy City Clerk �� : ��,?/jY �`�"; � ,J�,�i�;�� / \�.:�`�._:Y'*, >'%� .��zx��''; / ,, • � � CITY OF CAPE GIRARDEAU � HOPPER ROAD EXTENSION PHASE IIA � STANDARDFORM OFAGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE � THIS AGREEMENT is dated as of the �_ day of in the year � 19�by and between the City of Cape Girardeau, Misso i (hereinafter called OWNER) and Nip Kelley Equipment 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 work to be performed under these Contract Documents shall consist of all necessary grading, excavation and embankment construction, storm � sewers, drainage structures, installation of an eight-inch sanitary sewer line, construction of a seven-inch concrete pavement, concrete curb, temporary asphaltic concrete roadway transition sections and other related construction � items necessary to accomplish the work in accordance with the Plans and as stated in the Specifications prepared by Bowen Engineering&Surveying, Inc. dated July, 1998. � This work is for the City of Cape Girardeau, Missouri. � 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. � � � A-1 � � � Article 3. CONTRACT TIMES. � 3.1 The work will be substantially completed within one-hundred fifty(150� 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 sixty-five (165�days after the date when the Contract Times commence to run. � 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof � 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 completed on time. Accordingly, instead of requiring any such proof, � OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three-Hundred Dollars 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 Three-Hundred Fiftv Dollars ($ 350.00�for each day that expires after the time specified in paragraph 3.1 for � completion and readiness for final payment. Article 4. CONTRACT PRICE. � OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts � determined pursuant to paragraph 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for � each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. � TOTAL OF ALL UNIT PRICES: Two hundred Two thousand Four hundred Thirteen dollars and Fifty-one cents ($ 202,413.51) � 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. � � A-2 � � . � Articie 5. PAYMENT PROCEDURES. � CONTRACTOR shall submit Applications for Payment in accordance with Articie 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. � 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as � recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the � case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requiremenfs. � 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments � previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. � 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, � OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, � the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. � 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 � of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to � CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. � 5.2 Final Pa ment. U on final c y p ompletion 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. � � A-3 � .._ _._�.:.__ _ :.. _ � � . � Article 6. INTEREST. � All moneys not paid when due as provided in Article 14 of the Generai Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. � Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: � 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (inc�uding 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 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 erformed b p y OWNER and others at the site that relates to the Work as indicated in the Contract Documents. � 7.6 CONTRACTOR has correlated the informatio n 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. � � — A-4 � __ . ; � . � 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. �I 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 7 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-5 , inclusive). � 8.7 Specifications bearing the title _ HOPPER ROAD EXTENSION PHASE I!A � 8.8 Drawings. � 8.9 Addenda numbers _ to _, inclusive. � 8.10 CONTRACTOR's Bid (pages BF-1 to BF-8 , inclusive) marked exhibit_. 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to � _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the � Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. � The documents lis e ' t d in paragraphs 8.2 et seq. above are attached to this Agreement � (except as expressly noted otherwise above). � A-5 i � � � 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. � � � � � � � A-6 � . ` � z � . � 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. Ail portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. � This'figreeme will be effective on , 19�which is the Effective Date of the Agreement) � �WN City of Cape Girardeau CONTRACTOR NIP KELLEY EQUIPME�IT CO� INC Mi a 'ller Cit Mana er _ � �� By' -__ _ PORATE SEALJ AL] - � Attest ^ Atte Address for iving notices Address or giving notice� � 401 Independence Street �F� No r�I1 5,,,t e Q �.� Cape Girardeau, MO 63701 ��. (,.,.�.. ,. da , !�a e37�/ � If OWNE ' ( R is a public body, att�Ch 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.) � � � � � � � ---------------- A-7 — � ---.._.:__..... __ . _ ___ � � . CONTRACTOR' S WARRANTY � The contractor signatory below �� Ql�� tn��,,�/L_ hereby � ^T(Cont ac r)T � � � guarantees that the construction (Owner) performed on ��y.. ��A , �Y�Ld..n �L : cry4 ��S Q �(� (Project) �� located at • to be free from defects � r �1'LC (City and State) � in material and workmanahip for a period of one year from the date of the commencement of use, subatantial completion or date of notice of completion, whichever is the first to I� occur: This Standard Limited Warranty applies and is limited as follows: �� 1. To the improvements constructed as shown on the contract documents for the above reference project. I� 2. To the construction work that has not been subject to accident, misuse and abuse. 3. To the construction work that has not been modified, altered, defaced and/or had repairs made or attempted by others. 4. That contractor be immediately notified in writing within 10 days of first I � knowledge of defect by owner or his/her agents. ! 5. That contractor shall be given first opportunity to make any repairs, replacements and/or corrections to the defective construction at no cost to owner within a reasonable period of time. i � 6. Under no circumatance shall contractor be liable by virtue of this warranty or otherwiae for damage to a person or property whatsoever for any apecial, indirect, secondary or consequential damages of any nature however arising out of the use or inability to use because of the construction defect. ' � 7. Excluded from this warranty are materials and workmanship covered by warranties by othera. � I�[ �,� By: � .o � I/ . . t n�n,p y�.t � (Cont act r's Name) ( uthorized Officer s Sig ature) !�// �e ✓�i 1�. �n�..��. .,� �. (Addresa) itl �a b2 �:I/�d Y � t � (,�� (J f� Jr) Atteat: (Address) � - � .3�� ._ �.,^ ,. (Addresa) (Title) Dated: (Seal) � � � CITY OF CAPE GIRARDEAU � HOPPER ROAD EXTENSION PHASE IIA � BID FORM (EJCDC 1910-18) (1990) � PROJECT IDENTIFICATION: The work to be performed under these Contract Documents consists of all necessary grading, excavation and embankment construction, � storm sewers, drainage structures, installation of an eight-inch sanitary sewer line, construction of a seven-inch concrete pavement, concrete curb, temporary asphaltic concrete roadway transition sections and other related construction items necessary to � accomplish the work in accordance with the Plans, and as stated in the Specifications and Contract Documents for this Project. The work is for the City of Cape Girardeau, Missouri. � THIS BID IS SUBMITTED T0: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63701-6244 � 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and � furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. � 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition � of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. THE BIDDER will sign and deliver the required number of counterparts � of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. � 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: � (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) � Addendum #1, Dated: January 25, 1999 � � � BF-1 � � � (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and � furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and � Regulations that may affect cost, progress, performance and furnishing of the Work. , (d) BIDDER acknowledges that OWNER and Engineer do not assume responsibility for � accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such � additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or � furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional � examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. � e BIDDER is aware of the e ( ) g neral nature of Work to be performed by Owner and � others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. � (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and � data with the Contract Documents. (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 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 fa►se 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. � � BF-2 �y . �j � {I ........,... ... . . 61y � � (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): � � � � � � � � � � � � � � � � ----------- BF-3 �; � '1' , , ..y��.--- � _ �a � � Uni t Price Bid SECTiON 1 � Hopper Road Extension, Phase IIA Cape Girardeau Missouri � NO ITEM UNIT ESTIMAT ED UNIT ESTIMATED � QUANTITY PRICE AMOUNT 1 REMOVE EXISTING IMPROVEMENTS L.S. 1 $8,474.47 $8,474.47 2 CLEARING&GRUBBING ACRES 1.30 $2,000.00 $2,gpp,pp � 3 CLASS"B"EXCAVATION CU.YD. 2,431 $6.60 $16,044.60 4 CLASS"A"EXCAVATION CU.YD. 100 $80.00 $8,000.00 � 5 REQUIRED BORROW CU.YD. 1,335 $7.30 $9,745.50 6 7"P.C.CONCRETE PAVEMENT SQ.YD. 2,002 $24.67 $49,389.34 � 7 4"TYPE"V"AGGREGATE BASE SQ.YD. 2,118 $2.25 $4,765.50 8 GRADE"B"SURFACE AGGREGATE SQ.YD. 160 $3.10 $4gg,pp � 9 2"BITUMINOUS PAVEMENT,BP-1 TON 75.2 $42.00 $3,158.40 10 5"BITUMINOUS BASE MATERIAL TON 188 $42.00 $7,ggg,pp 11 PRIME COAT GAL. 677 $2.10 $1,421.70 � 12 4"P.C.CONCRETE SIDEWALK SQ.YD. 128 $26.25 $3,360.00 13 4'x 4'JUNCTION MANHOLE EACH 1 $1,537.00 $1,537.00 � 14 9'-6"x 6'-4"SPECIAL INLET EACH 1 $5,630.00 $5,630.00 15 3'-6"x 3'-0"SINGLE CURB INLET EACH 1 $967.00 $967.00 � 16 S'-6"x 4'-0"SINGLE CURB INLET EACH 1 $2,250.00 $2,250.00 17 4'-0"x 5'-6"SINGLE CURB INLET EACH 2 $3,040.00 $6,080.00 � 18 15"R.C.P. L.F. 19 $30.00 $570.00 19 15"F.E.S. EACH 1 $361.00 $361.00 20 18"R.C.P. L.F. 271.5 $32.00 $8,688.00 � 21 18"F.E.S. EACH 1 $381.00 $381.00 22 42"R.C.P. L.F. 22 $78.00 $1,716.00 � 23 42"F.E.S. EACH 1 $951.00 $951.00 24 48"R.C.P. L.F. 265 $86.00 $22,790.00 � 25 48"F.E.S. EACH 1 $1,115.00 $1,115.00 26 RIP RAP IN PLACE SQ.YD. 137 $6.00 $822.00 � 27 FERTILIZER,SEEDING&MULCHING ACRES 1.11 $2,400.00 $2,664.00 � BF-4 � � --------- - -- � NO ITEM UNIT ESTIMATED UNIT ESTIMATED QUANTITY PRICE AMOUNT � 28 EROSION CONTROL L.S. 1 $1,250.00 $1,250.00 29 STOP SIGNS(MUTCO R1-1) EACH 3 $250.00 $750.00 30 TRAFFIC CONTROL L.S. 1 $5,000.00 $5,000.00 � � SECTION 1 BID TOTAL: $ 178.873.51 SECTION 1 BID TOTAL: One hundred Seventy-eiqht thousand Eiqht hundred Seventy-three dollars and Fifty-one cents � (written amount of bid) � Unit Price Bid SECTION 2 Clarkton Lift Station Sewer Extension � Cape Girardeau Missouri � 31 4'DIA.SANITARY SEWER MH EACH 1 $2,100.00 $2,100.00 32 4'DIA.SANITARY SEWER EACH 1 $3,150.00 $3,150.00 DROP MANHOLE � 33 8"DIA.SANITARY SEWER,PVC(SDR35) L.F. 436 $30.00 $13,080.00 34 8"DIA.SANITARY SEWER,D.I.P. L.F. 80 $52.00 $4,160.00 � 35 CONNECTIONS TO EXISTING EACH 2 $525.00 $1,050.00 MANHOIES � SECTION 2 BID TOTAL: $_ 23,540.00 � SECTION 2 BID TOTAL: Twentv-three thousand Five hundred Forty dollars and Zero cents (written amount of bid) � (A combined bid is required for Sections 1 & 2.) � TOTAL AMOUNT OF BID: $ 202,413.51 (Sections 1 & 2 Combined) � TOTAL AMOUNT OF BID: Two hundred Two thousand Four hundred Thirteen (Sections 1 8� 2 Combined) dollars and Fifty-one cents � (written amount of bid) � BF-5 � � -------------- � 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 150 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 165 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. � 7. Communications concerning this Bid shall be addressed to: � Name Nip Kelley Equipment Co., Inc. Address 41 N. Spriq,q Street, Cape Girardeau, MO 63701 � (a) Performance and Payment Bonding Company � Name Amwest Surety Insurance Co. Address 5230 Las Virqenes Road, Calabasas, CA 91302 � Agent\Power of Attorney Name (if used) Capital Insurance and Associates / Loy Welker � Address 326 S. Broadview, Cape Girardeau, MO 63701 � 8. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. � SUBMITTED on January , 19 99 . � State Contractor License No. 943090 � BF-6 � � � IF BIDDER is: An Individual BY NA (SEAL) � (Individual's Name) doing business as � Business address: � Phone No.: � A Partnership By NA (SEAL) � (Firm Name) � (General Partner) Business address: � Phone No.: � A Cor oration By IP KELLEY EQUIPMENT CO. , INC. ,��, ;,, ��i r,"f',��' ;, � (Corporation Name) . r� ,� - ,, i MISSOURI fJ. ,��;�'; (State of Incorporation) 'r;, c.�; ;�,.�:; By WANDA KELLEY _�: +' c�$��"� _ � �%�..�,��. r, ,, (Name of Person Authorized to Sign) `�''� c�::-.� t'•`�' � PRESIDENT _.''• ,{�'� ' �.,• ;' ��; r � ••....• ;. ,��A��_� , `� � (Title) '��,,,,,,,,,��''' (Corporate Seal) ,, ��;�: ;, �t �-: ��:, � `.s .x°�; � � � Attest TERRENCE KELLEY � y _�; .�, _ (Secretary) _�. � � , {, Ji � Business address: 41 N. SPRIGG STREET : �� t f�, z'. � � + ` � , � '� �: '� -: CAPE GIRARDEAU, MO 63701 � ' '•- • yv' ,.•` ';, ,.� ��'�'��... �-:. —�- ��1{�fi3liff�l%t�� Phone No.: (573) 334-0553 � Date of Qualification to do business is JANUARY 1�, 1974 � BF-7 � � ------ -------- - ---- Phone Number and Address for receipt of official communications: � � � (Each joint venturer must si n. The manner of si nin for each individual artnershi a 9 g g , p p nd � corporation that is a party to the joint venture should be in the manner indicated above.) � � � � � � � � � � � � � BF-8 � --------------------- — — -------- � � BOND NO: 943090 /��Amwest � PREMIUM: �0.00 BID DATE: January 26 , 1999 � PUBLIC WORKS BID BOND � Know all men by these presents: � Thatwe, Nip Kelley Equipment Co. , Inc. , P.O. Box 33, Cape Girardeau, MO 63702 (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation � (hereinafter called Surety), organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business in the State of Missouri , as Surety, are held and firmly bound unto the City of Cape Girardeau � (hereinafter called Obligee) in the penal sum of Five percent ( 5% ) of the bid amount, but in no event to exceed Five Percent of the Amount Bid-------------- Do�lars (5% of Amt Bid--- ) � for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS � SUCH, that,whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Hopper Road Extension, Phase 2A � NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be � specified, entered into the contract in writing, and provided a bond with surety acceptable to the Obligee for the faithful perfortnance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee � may in good faith contract with another party to pertorm the worlc covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. � SIGNED, SEAI.ED AND DATED THIS DAY OF January 25, 1999 � � Wanda Kelley, President Principal Name ,,q,Nu�nuu�q�ry�„ _ � � ``,,,,,,��,''''' . . i ��• °=�,�.�,,�� '.��-,,,: � Signature :�QP.,,''��.��.�...a,�fjvg., �� .��C ��= AMWEST SURETY INSURANCE COMPANY -- J�G..;]��:�� 7 ' i � �� y��. 4� :�._ p / a-c l��ir., � . o�� . ' , � o �'"�`��v�:� Ch e r y J o e n s Attomey-in-Fact .:� ��. � ^ � � �� , . �., /�r;,bttnn.,,;:�,`.. i,, (J �r,�, ;,:' ,��1;;t�t�i n.�H�ti>>. � LIMITED POWER OF ATTORNEY Amwesf Surefy Insurance Company Ez iration Date: 10/22/00 POWERNLIMBER 0000943090 Tlus document is printcd on white paper containing the artificial waterrtiarked logo( w )of Amwest Surety Insurance Company on the front and brown security paper � on the back. Only unaltered originals of the Limited Power of Attorney("POA") are valid. This POA may not be used in conjuncdon with any other POA. No reprosentations or warranties regarding this POA may be made by any person. This POA is govemed by the laws of the State of Nebraska and is only valid until the expiraiaon date. Amwest Surety Insurance Company (the "Cor�an�') shall not be liable on any limited POA which is fraudulendy produced, forged or otherwise distributed without the perrrtission of the Company. Any party concemed about the validity of this POA or an accompanying Corr�any bond should call your local Amwest � branch office at (Qj 31 384-1 71 9 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation,dces hereby make,constitute and appoint: � Loy W.Welker Mary Kay Welker Cheryl Jochens Tim L.Kelley � As Employees ot Cxpitxl Insurance&Associates its true and lawful Attorney-in-fact,with limited power and authority for and on behalf of the Company as surety to execute,deliver and affix the seal of the company thereto if a seal is required on bonds,undertakings,rxognizances,reinsurance agreement for a Miller Act or other perforniance bond or other written obligations in the nature thereof � as follows: Bid Bonds up to S2,500,000.00 ContraM Bonds up to S2,500,000.00 License xnd Permit Bonds up to S100,000.00 Miscellaneous Bonds Up To S100,000.00 Small Business Admistration Bonds up to S1,250,000.00 and to bind.the company thereby. This appointment is made under and by authority of the By-I,aws of the Company,which are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Nebraska corporation,DO HEREBY CERTIFI'that this Power of Attorney remains in full force and � effect and has not been rovoked and furthermote,that the resolutions of the Board of Dirxtors of Amwest Surety Insurance Company set forth on this Power of Attorney,and that the relevant provisions of the By-Laws of each company,are now in full force and ef�'ect. so�axo. 943090 Signed&sealedthis2St11�Yof January 19 99 � Karen G.Cohen,Secretary r • • r • rr • r • rr • • • • • RESOLUTIONSOFTHEBOARDOFDIItECTORS • • • • • • • • • • • • • • • : • • • ■ • t • • • • • This POA is signed and sealed by facsimile under and by the suthority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Co�any at a meeting duly held on December 1 S,1975: RFSOLVED,that the President or any Vice President,in conjunction with the Secretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with suthority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of ffie Company,to execute and deliver and affix the seai of the Co�any to bonds,undatakings,recognizances,and suretyship obligations of all kinds;and said officas may remove any such attorney-in-fact or agent and revoke any POA � previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recogni7ance,or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President a any Vice President ot Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly suU�oiized attorney-in-fact or agent;or � (iii) when duly executed and sealed(if a seal be required)by one or more attarneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the powa of attorney issued by the Co�any to such person or persons. RFSOLVED FURTHER,that the signature of any authorized officer and tt►e seal of the Company may be affixed by facsimile to any POA or certification thereof suUarizing the execution and delivery of any bond,undertaking,recogni7ance,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 WHEREAF,Amwest Surety Insurance Company has caused these present to be signed by its proper o�cers,and its coiporate seals to be haeunto affixed this 25m day of September,1998. � � �� 1 � John E.Savage,Presid t Karen G.Cohen,Secretary State of California County of Los Angeles On September 25,1998 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally lmown to me(or proved to me a►the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they exewted the same in his/hedtheir authorized capacity(ies),and that by his/tur/their signature(s)on the instrvment the person(s),or the entity upon behalf of which the person(s)acted, executed tt►e insVumenG ` WI1'NESS my d and official seal. `��;;f�1l�lhi6u,c;,;,;� : PC6�:Y�.lOFTON � ,°• ��tti,��;_....:�,�'�r✓ . � Nolo�p�,ibla��OaHo�No � .�`, t�((% ^ ' �'•.!ji�- Signawre (Seal) __, Jt�`�� 't; .n% � � MyC �xP��b � y � ��n�E.�i��.��': = ��..�nr � �= �'�`iy;��`� "�;� 5230 Las Virgenes Road Calabasas,CA 91302 TEL 818 871-2000 � .�t•��.' � ,/�� ,'��iuJl��au�q.�l '��/;. 7'l �� ",Jl:lfll�itlt+�� • � - � � CITY OF CAPE GIRARDEAU � HOPPER ROAD EXTENSION PHASE l/A ADDENDUM #1 � January 25, 1999 � � The foilowing revisions have been made to the above named Contract Documents: The Bid Opening date will be changed to February 2, 1999; at 10:00 A.M. � in the Office of the City Engineer. � All survey and staking will be done by the Engineering Division. � � This addendum must be signed and attached to your Bid Documents. � � oate /�? Q- Q9 � � � � � � � � t CHANGE ORDER # 1 PROJECT TITLE Hopper Road Phase IIA CONTRACT DATE April 7, 1999 CONTRACTOR Nip Kellev Equipment Co. Inc. The following changes are hereby made to the Contract Documents: Construct a junction box at the NW quadrant of the Hopper Road/Oak Ridge Court intersection. The junction box is to extend under an 8" water main and realign a 48" RCP to follow the flow line of the existing ditch. JUSTIFICATION The change is needed to avoid an 8" water main feeding the subdivision. CHANGE TO CONTRACT PRICE Original contract price: $ 202,413.51 Current contract price as adjusted by previous change orders: $ 202,413.51 Current contract price due to this change order will be increased by: $ 3,518.00 The new contract price due to this change order will be: $ 205,931.51 CHANGE TO CONTRACT TIME There will be no change to the contract time in this change order. Page 1 of 2 > APPROVALS REQUIRED: To be effective, this Change Order must be approved by the Owner if it changes the scope or objective of the project, or may otherwise be required under the terms of the Supplementary General Conditions to the Contract. o� S-i7-- Recommended by � =� Date l�� City Engineer Approved by ` .� � i� -- Date ��-9� City Manager Accepted by - Date � �/�-�9 Nip elley Equip ent Co. Inc Change Order# Hopper Road Phase IIA Page 2 of 2 , µ _ ,4mwest SURETY RIDER To be attached to and form a part of Bond No. 11600112 8 in the amount of$202,413. 51 on behalf of Nip Kelley Equipment Company, Inc. , Cape Girardeau, Missouri , as principal and executed by AMWEST SURETY INSURANCE COMPANY, as Surety in favor of City of Cape Girardeau , asobligee. Effective date of change: Apr i 1 7, 19 9 9 In consideration of the mutual agreement herein contained the Principal and the Surety hereby consent to the following changes: Contract Date From: March 15, 1999 To: April 7 , 1999 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. SIGNED, SEALED AND DATED THIS April 12 , 1999 � ,,,,�,��„�,,,,,,,, •';��N s�q--.. ��'C •...q�" AMWEST SURETY INSURANCE COMPANY :''�:�Q�P Oqq ,.f;'�-,, ;J¢•2� ��Q.m� '=v�:� DEC.14, :(�= BY� nnomey-in-Faa :r�. �sss =;,cn�:...2�e 5� ��` Cher Jo ens ,,.?� A A ,��a�,: ,,�y�..*.�� . .,,,,,,,,��,,,,,,,,,, BM-A1003(5/97) � LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Ez iration Date: 10/22/00 POWERNUMBER 0000943101 This dceument is printed on white paper containing the artificial watermarked logo( � )of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attomey ("POA")are valid. This POA may not be used in conjunction with any other POA. No representallons or warranHes regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the ezpiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation,does hereby make,constitute and appoint: Loy W.Welker Mary Kay Welker Cheryl Jochens Tim L.Kelley As Employees ot Capital Insurance&Associates its irue and lawful Attorney-in-fact,with limited power and authority for and on behalf of the Company as surety to execute,deliver and affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Act or other perforniance bond or other written obligations in the nature thereof as follows: Bid Bonds up to$2,500,000.00 Contract Bonds up to 52,500,000.00 License and Permit Bonds up to$100,000.00 Miscellaneous Bonds Up To SI00,000.00 Small Business Admistration Bonds up to$1,250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company,which are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Nebraska corporation,DO HEREBY CERTIFY that this Power of Attorney remains in full force and cffect and has not been revoked and furthermore,that the resolurions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney,and that the relevant provisions of the By-Iaws of each company,are now in full force and effect. Bona tJo. 116 0 0112 8 Signed&sealed this 12 tl�y or.Apr i 1 19 9 9 � Karen G.Cohen,Secretary . * . * * * * � * * * * • * * * * RESOLUTIONSOFTHEBOARDOFDIRECTORS * * " * * * * * ' ` " ""' * ` * * * " * * ' * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolurions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15,1975: RESOLVED,that the President or any Vice President,in conjuncNon with the Secretary or any Assistant Secretary,may appoint attomeys-in-fact or agents with suthority 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 attorney-in-fact or agent and revoke any POA previously granted to such person. RFSOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any Vice President or 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 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 POA or certificarion 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 WITNFSS WHEREOF,Amwest Surery Insurance Company has caused these present to be signed by its proper officers,and iu corporate seals to be hereunto affixed this 251h day of September,1998. � � ��v 1 � John E.Savage,Preside t Karen G.Cohen,Secretary State of California County of Los Angeles On September 25,1998 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally lmown to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and aclrnowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entiry�pon behalf of which the person(s)acted, executed the instrument. WITNESS my d and of6cial seal. �r g,(�� ,,,,",,,,��",,,,,., CommiNion f106� ,..�� N S�9'-,,, �, � � �btary P��Ic—Cd1b�No � :''�Q,:�P,Poqq•q•j;°'-,,, Signature � � � (Seal) Lo�/4�pNMCols�tl► �JQ.2o �'Q:m'=. My Comm.6cpkM/VuD 6.1994 :�:" DEC.14, ;n° ;F-':.. 1995 - : :N'•••� .��:'y�= �'`��i��eR.A�'da��'''� g 5230 Las Vir enes Road Calabasas,CA 91302 TEL 818 871-2000 '��,�!b* ��•� �IIIIIlllp1111��„`` PAGE ONE OF THREE PAGES Bond No. 116 00112 8 Premium: $4,036.00 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Nlj� Kelley Equipment Company, IT1C. AMWESTSURETYINSURANCECOMPANY 41 North Sprigg P.0. B o x 3 3 P.O.Box 4500 Cape Girardeau, MO 63702-0033 Woodland Hills,CA 91365-4500 OWNER(Name and Address): City Of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63701 CONSTRUCTION CONTRACT Date: March 15, 1999 Amount: $2 0 2�413.51 Description(NameandLocation): Hopper Road Extension, Phase II A BOND Date(Not earlier than Construction Contract Date): March 1 S� 19 9 9 = Amount: $;�0 2�413.51 Mo '�ic��s to this Bond: Y� None � See Page 3 ,� \��, C�'�i'I��R�`T(��;��►,�P�tINCIPAL SURETY . ,,,,,�Fl"�„ �'o��!f��•\`r� , ,�� (Corporate Seal) Company: ��;�`"�o��) Nip Ke�f�Yz E�u'�.pmeM�� Company, Inc. Amwest Surety Insuranc��`,Cecfipany a^��.'�,` _: ' c;' 7,/ F ' ,✓ 'r �. �� t _ Signafui�'f;�` , Signature: � f � N�� . . Nameand ' . - ,. �� :�,_ y, j: Wa�t�,��r�K��}�; President Cheryl Jochens Attorf��y !t� f�'�c'�.,a'�,• (Any addihonal signatures appear on page 3) %, ;;;;J, ° r,,�;;'�° •ij, . 4:a .,� ,;s,i" ::t:��• - ame, ress an e ep one � AGENT OR BROKER: OWNER'S REPRESENTATIVE (Architect,Engineer or Capital Insurance & Associates otherparty): 326 South Broadview Mark Lester, City Engineer Cape Girardeau, MO 63703 City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 BF•A3074�81971 � PAGE TWO OF THREE PAGES 1 The Contractor and the Surety,jointly and severally, bind bonds issued on the Construction Contract,and pay to the Owner themselves, their heirs, executors, administrators, successors and the amount of damages as described in Paragraph 6 in excess of assigns to the Owner for the performance of the Construction the Balance of the Contract Price incuned by the Owner resulting Contract,which is incorporated herein by reference. from the Contractor's default;or 2 If the Contractor performs the Construction Contract, the 4.4 Waive its right to perform and complete, arrange for Surety and the Contractor shall have no obligation under this completion, or obtain a new contractor and with reasonable Bond, except to participate in conferences as provided in promptness under the circumstances: Subparagraph 3.1. .1 ABer investigation, determine the amount for 3 If there is no Owner Default, the Surety's obligation under which it may be liable to the Owner and, as soon as practicable this Bond shall arise after: after the amount is determined, tender payment therefor to the Owner;or 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is .2 Deny liability in whole or in part and notify the considering declaring a Contractor Default and has requested and Owner citing reasons therefor. attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such 5 If the Surety does not proceed as provided in Paragraph 4 notice to discuss methods of performing the Construction with reasonable promptness,the Surety shall be deemed to be in Contract. If the Owner, the Contractor and the Surety agree, the default on this Bond fifteen days after receipt of an additional Contractor shall be allowed a reasonable time to perform the written notice from the Owner to the Surety demanding that the Construction Contract,but such an agreement shall not waive the Surety perform its obligations under this Bond, and the Owner Owner's right, if any, subsequently to declare a Contractor shail be entitled to enforce any remedy available to the Owner.If Default;and the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied 3.2 The Owner has declared a Contractor Default and liability, in whole or in part, without further notice the Owner formally terminated the Contractor's right to complete the shall be entitled to enforce any remedy available to the Owner. contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have 6 After the Owner has terminated the Contractor's right to received notice as provided in Subparagraph 3.1;and complete the Construction Contract,and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the 3.3 The Owner has agreed to pay the Balance of the responsibilities of the Surety to the Owner shall not be greater Contract Price to the Surety in accordance with the terms of the than those of the Contractor under the Construction Contract,and Construction Contract or to a contractor selected to perform the the responsibilities of the Owner to the Surety shall not be greater Construction Contract in accordance with the terms of the than those of the Owner under the Construction Contract. To the contract with the Owner. limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of 4 When the Owner has satisfied the conditions of Paragraph costs and damages on the Construction Contract, the Surety is 3,the Surety shall promptly and at the Surety's expense take one obligated without duplication for: of the following actions: 6.1 The responsibilities of the Contractor for correction of 4.1 Arrange for the Contractor,with consent of the Owner, defective work and completion of the Construction Contract; to perform and complete the Construction Contract;or 6.2 Additional legal, design professional and delay costs 4.2 Undertalce to perform and complete the Construction resulting from the Contractor's Default, and resulting from the Contract itself, through its agents or through independent actions or failure to act of the Surety under Paragraph 4;and contractors;or 6.3 Liquidated damages, or if no liquidated damages are 4.3 Obtain bids or negotiated proposals from qualified specified in the Construction Contract,actual damages caused by contractors acceptable to the Owner for a contract for delayed performance or non-performance of the Contractor. performance and completion of the Construction Contract, arrange for a contract to be prepazed for execution by the Owner 7 The Surety shall not be liable to the Owner or others for and the contractor selected with the Owner's concurrence, to be obligations of the Contractor that are unrelated to the secured with performance and payment bonds executed by a qualified surety equivalent to the BF•A307418197) PAGE THREE OF THREE PAGES Construction Contract, and the Balance of the Contract Price to such statutory or other legal requirement shall be deemed shall not be reduced or set off on account of any such unrelated incorporated herein. The intent is that this Bond shall be obligations. No right of action shall accrue on this Bond to any construed as a statutory bond and not as a common law bond. person or entity other than the Owner or its heirs, executors, administrators or successors. 12 DEFINITIONS 8 The Surety hereby waives notice of any change, including 12.1 Balance of the Contract Price: The total amount changes of time, to the Construction Contract or to related payable by the Owner to the Contractor under the Construction subcontracts,purchase orders and other obligations. Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be 9 Any proceeding, legal or equitable,under this Bond may be received by the Owner in settlement of insurance or other claims instituted in any court of competent jurisdiction in the location in for damages to which the Contractor is entitled, reduced by all which the work or part of the work is located and shall be valid and proper payments made to or on behalf of the Contractor instituted within two years after Contractor Default or within two under the Construction Contract. years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under 12.2 Construction Contract: The agreement between the this Bond, whichever occurs first. If the provisions of this Owner and the Contractor identified on the signature page, Paragraph are void or prohibited by law,the minimum period of including all Contract Documents and changes thereto. limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived,to perform or otherwise to 10 Notice to the Surety, the Owner or the Contractor shall be comply with the terms of the Construction Contract. mailed or delivered to the address shown on the signature page. 12.4 Owner Default: Failure of the Owner, which has 11 When this Bond has been furnished to comply with a neither been remedied nor waived, to pay the Contractor as statutory or other legal requirement in the location where the required by the Construction Contract or to perform and complete construction was to be performed, any provision in this Bond or comply with the other terms thereof. conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: , (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: BF•A307418197) PAGE ONE OF THREE PAGES Bond No. 116 00112 8 Premium: $4�036.00 Payment Bond Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Nip Kelley Equipment Company, IriC. AMWESTSURETYINSURANCECOMPANY 41 North Sprigg P.O. Box 33 Cape Girardeau, MO 63702-0033 OWNER(Name and Address): City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 CONSTRUCTION CONTRACT Date: March 15 , 1999 Amount: �2 0 2 �413.51 Description(NameandLocation): Hopper Road Extension Phase II A BOND Date(Not earlier than Construction Contract Date): March 15 � 1999 Amouc��;,,�i,?��,2�413.S 1 NT��¢aticans to:�i�s Bond: � None � See Page 3 ��t �6 . ' Ye ,os.. '.. '.. '. C�T7i',�E'j�i G'�,��i�PRINCIPAL SURETY � � r > �'��':f• Ceinpi�. r-�- - �, . ": (Corporate Seal) Company: •(+�o��ar,at`e��eal) ��._, Nip Kelj�y:��qu��ment ��ompany, Inc. Amwest Surety Insurance C',ci,tn�a�`�i ;;-,. . > . . � ,. - f Signa�ti� Signature: Name�a� , . '� � Name and . Wanda '�'E�1'��e'y, President Cheryl Joch s , A or�ne "�.rv-?�ac* -_�, ;�: }� � _, ., (Any add'itional signatures appear on page 3 oo.��o� . ;.,j,��.'J•�� , r" �r,, ,`. ,..-. .:.;.arral�`�•. _,- AGENT OR BROKER: � OWNER'S REPRESENTATIVE (Architect,Engineer or Capital Insurance & Associates otherparty): 326 South Broadview Mark Lester, City Engineer Cape Gir.ardeau, MO 63703 City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 BF•A3075181971 PAGE TWO OF THREE PAGES 1 T'he Contractor and the Surety,jointly and severally, bind described in Paragraph 12) and sent a copy, or notice thereof,to themselves,their heirs,executors, administrators, successors and the Owner, stating that a claim is being made under this Bond assigns to the Owner to pay for labor, materials and equipment and enclosing a copy of the previous written notice furnished to furnished for use in the performance of the Construction the Contractor. Contract,which is incorporated herein by reference. � 5 If a notice required by Paragraph 4 is given by the Owner to 2 With respect to the Owner,this obligation shall be null and the Contractor or to the Surety,that is sufficient compliance. void if the Contractor: 6 When the Claimant has satisfied the conditions of 2.1 Promptly makes payment,directly or indirectly,for all Paragraph 4,the Surety shall promptly and at the sums due Claimants,and Surety's expense take the following actions: 2Z Defends, indemnifies and holds harmless the Owner 6.1 Send an answer to the Claimant, with a copy to the from claims, demands, liens or suits by any person or entity Owner, within 45 days after receipt of the claim, stating the whose claim, demand, lien or suit is for the payment for labor, amounts that are undisputed and the basis for challenging any materials or equipment furnished for use in the pedormance of amounts that are disputed. the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described 6Z Pay or arrange for payment of any undisputed amounts. 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 7 The Surety's total obligation shall not exceed the amount of Default. this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or 8 Amounts owed by the Owner to the Contractor under the indirectly for all sums due. Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any 4 The Surety shall have no obligation to Claimants under this Construction Performance Bond. By the Contractor furnishing Bond until: and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction 4.1 Claimants who are employed by or have a direct Contract are dedicated to satisfy obligations of the Contractor and contract with the Contractor have given notice to the Surety (at the Surety under this Bond,subject to the Owner's priority to use the address described in Paragraph 12)and sent a copy,or notice the funds for the completion of the work. thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the 9 The Surety shall not be liable to the Owner, Claimants or claim. others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for payment 4Z Claimants who do not have a direct contract with the of any costs or expenses of any Claimant under this Bond, and Contractor: shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to .1 Have furnished written notice to the Claimants under this Bond. Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last perfocmed labor or last fumished 10 T'he Surety hereby waives notice of any change, including materials or equipment included in the claim stating, with changes of time, to the Construction Contract or to related substantial accuracy,the amount of the claim and the name of the subcontracts,purchase orders and other obligations. party to whom the materials were furnished or supplied or for whom the labor was done or performed;and 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the .2 Have either received a rejection in whole or in location in which the work or part of the work is located or after part from the Contractor, or not received within 30 days of the expiration of one year from the date (1) on which the furnishing the above notice any communication from the Claimant gave the notice required by Subparagraph 4.1 or Clause Contractor by which the Contractor has indicated the claim will 4.2.3, or(2)on which the last labor or service was performed by be paid directly or indirectly;and anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1)or(2) .3 Not having been paid within the above 30 days, first occurs.If have sent a written notice to the Surety(at the address BF-A307518197► PAGE THREE OF•T the provisions of this Paragraph aze void or prohibited by law, 15 DEFINITIONS the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the 12 Notice to the Surety, the Owner or the Contractor shall be Contractor to furnish labor,materials or equipment for use in the mailed or delivered to the address shown on the signature page. performance of the Contract. The intent of this Bond shall be to Actual receipt of notice by Surety,the Owner or the Contractor, include without limitation in the terms "labor, materials or however accomplished, shall be sufficient compliance as of the equipment" that part of water, gas, power, light, heat, oil, date received at the address shown on the signature page. gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services 13 When this Bond has been furnished to comply with a required for performance of the work of the Contractor and the statutory or other legal requirement in the location where the Contractor's subcontractors, and all other items for which a construction was to be performed, any provision in this Bond mechanic's lien may be asserted in the jurisdiction where the conflicting with said statutory or legal requirement shall be labor,materials or equipment were furnished. deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shail be deemed incorporated 15.2 Construction Contract: The agreement between the herein. The intent is that this Bond shall be construed as a Owner and the Contractor identified on the signature page, statutory bond and not as a common law bond. including all Contract Documents and changes thereto. 14 Upon request by any person or entity appearing to be a 15.3 Owner Default: Failure of the Owner, which has potential beneficiary of this Bond,the Contractor shall promptly neither been remedied nor waived, to pay the Contractor as furnish a copy of this Bond or shatl permit a copy to be made. required by the Construction Contract or to perform:and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page:) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: BF-A307518197) • , _ LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Eg iration Date: 10/22/00 POWER NUMBER 0000943096 This document is printed on white paper containing the artificial watermarked logo( � )of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is govemed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concemed about the validiry of this POA or an accompanying Company bond should call your local Amwest branch office at �(91'i)'iA4-1719 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Corr�any,a Nebraska corporation,does hereby make,constitute and appoint: Loy W.Welker Mary Kay Welker Cheryl Jochens Tim L.Kelley As Employees of Capital Insurance&Associates its trve and lawful Attorney-in-fact,with limited power and authority for and on behalf of the Company as surety to execute,deliver and affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to$2,500,000.00 Contract Bonds up to$2,500,000.00 License and Permit Bonds up to$100,000.00 Miscellaneous Bonds Up To$100,000.00 Small Business Admistration Bonds up to 51,250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company,which are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Nebraska corporation,DO HEREBY CERTIFY that this Power of Attorney rerrrains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney,and that the relevant provisions of the By-Laws of each company,are now in full force and effect. Bona�vo. 116 00112 8 Signed&sealed this 15 t�y of March 19 99 ��,�.�Ae` Karen G.Cohen,Secretary * * * * * * * * * * * * * * * * * RESOLUTIONSOFTHEBOARDOFDIRECTORS * * * * * * * * * * * * " * * * ` * * * * * * "" " This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15,1975: RESOLVED,that the President or any Vice President,in conjunction with the Seaetary 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 Corr�any to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any Vice President or 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 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. RFSOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA 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,Amwest Surety Insurance Company has caused these present to be signed by its proper officers,and its corporate seals to be hereunto affixed this 25'"day of September,1998. � � �� John E.Savage,Preside t Karen G.Cohen,Secretary State of California County of Los Angeles On September 25,1998 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,personally lmown to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrvment. W[TNESS my d and official seal. �v��r� ,,,��„��„�,�,,,,, ,..��1 �Po v9q ,,'' , ��t�� . � =��li:��P R,y�� fi�''-; Signature (Seal) �`Q:� �'•� . �� ,�,, � �� l�a MpNM Catnfy ?J:'2�' p``:.tc�= MY Comm.ExpkM/kp 6.l� _�;� QFC.14. :(�= ;►-�:. 1995 ;�; =N`•.. 2 � ,; '��`�'ll�eR•ASNda��` 5230 Las Virgenes Road Calabasas,CA 91302 TEL 818 871-2000 --,,,,b,�'k�,,,�,,.,,��.