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HomeMy WebLinkAboutRES.1627.12-18-2000z RESOLUTION NO. I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT CO., INC. FOR THE CAPE MEADOWS STORM SEWER PROJECT 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 Cape Meadows Storm Sewer Project. A copy of said Agreement is attached to this Resolution andmadea part hereof. PASSED AND ADOPTED THIS �� DAY OF 20 A. Spradling, III, ayor ATTEST: 'A,v, Gayl . Conrad, City Clerk CITY OF CAPE GIRARDEAU CAPE MEADOWS STORM SEWER 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 20&1 by and between the City of Cape Girardeau, Missouri (hereinaft called OWNER) and Nip Kelley Equipment Co., Inc. (hereinafter called CONTRACT ). 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 consists of the installation of approximately 355 lineal feet of storm sewer, the replacement of approximately 415 square yards of pavement, all necessary storm inlets, junction manholes, and appurtenances as indicated on the plans for the City of Cape Girardeau. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within sixty ( 60 ) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within seventy-five ( 75 ) days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not A-1 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 One hundred fifty dollars $ 150 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 Dollars $ 300 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 and 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: Sixty thousand three hundred thirty nine dollars and eighty cents ............................................... ($ 60,339.80 ) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. A-2 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 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. A-3 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 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 A-1 to A-7 inclusive). 8.2 Exhibits to this Agreement (pages BF -1 to BF -6 , 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 Cape Meadows Storm Sewer 8.8 Drawings. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -6 , inclusive) marked exhibit A . 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 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 A-5 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. F.M. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 20,�p/ (which is the Effective Date of the Agreement). OWNER City pf Cape Girardeau CONTRACTOR Nip Kelley Equipment Co., Inc. Michael G. Miller, City Manager By. RPORATE SEAL] Attest Address for giving notices 401 Independence Street Cage Girardeau. MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. Atte: Address for giving notices y/ /1// License No. Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-7 L- CITY OF CAPE GIRARDEAU CAPE MEADOWS STORM SEWER BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of the installation of approximately 355 lineal feet of storm sewer, the replacement of approximately 415 square yards of pavement, all necessary storm inlets, junction manholes, and appurtenances as indicated on the plans for the City of Cape Girardeau. 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 terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of 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: 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) (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 furnishing 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 in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information 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 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. (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 BF -2 induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 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. Unclassified Excavation L.S. 1 $ 4,693.00 $ 4,693.00 2. Clearing & Grubbing L.S. 1 $ 2,200.00 $ 2,200.00 3. Fill C.Y. 550 $ 4.65 $ 2,557.50 4. 8'x 4' Double Curb Inlet Each 1 $ 3,400.00 $ 3,400.00 5. Remove Double Curb Inlet Each 1 $ 250.00 $ 250.00 6, 48' Dia. Junction Manhole Each 1 $ 2,214.00 $ 2,214-00 7. 5'x 7.5' Junction Manhole Each 1 $ 2,830.00 $ 2,830.00 8. 5' x7.5' Area Inlet Each 3 $ 2,897.00 $ 8,691.00 9. 48" R.C.P. Class III L.F. 213.2 $ 50.70 $ 10, 809.24 10. 15" R.C.P. Class III L.F. 34.43 $ 14.15 $ 487.18 11. 18" R.C.P. Class III L.F. 176.1 $ 24.85 $ 4,376.08 12. 48" Flared End Section Each 1 $ 870.00 $ 870.00 13. Rip Rap in Place (18" Thick) S.Y. 20 $ 13.70 $ 274.00 14. Remove Concrete S.Y. 415 $ 8.50 $ 3,527.50 15. Replace Concrete S.Y. 415 $ 18.70 $ 7,760.50 16. Erosion Control L.S. 1 $ 500.00 $ 500.00 17. Fertilizer, Seeding & Mulching Acre 0.2 $ 3,800..00 $ 760.00 18. Geotextile Erosion Control S.Y. 1000 $ 3.10 $ 3,100.00 BF -3 19. Moving of Chain Link Fence L.F. 20. Moving of Shed L.S 21. 6" Type "V" Aggregate- S.Y Shoulder 11XMI 1 1 $ 100.00 $ 100.00 158 $ 3.10 $ 489.80 TOTAL BID FOR ALL UNIT PRICES .......... $ 60, 339.80 Sixty Thousand Three HUndred Thirty Nine Dollars----80/00---- (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. 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 Si 60 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 Seventy-five ( 75 ) calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications concerning this Bid shall be addressed to: Name Vince Kelley Address 41 North Sprigg St.,Cape Girardeau, MO 63701 (a) Performance and Payment Bonding Company Name Merchants Bonding Company Address 2100 Fleur Drive, Des Moines, IA 50321 Agent\Power of Attorney Name (if used) Donald L Wasoba Address 22 Avocado Tree Cr., St. Peters, MO 63376 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 December 7 State Contractor License No IF BIDDER is: An Individual By doing business as Business address: Phone No.: A Partnershi By Business address: 20 oo. 0010575 (Individual's Name) (Firm Name) (General Partner) BF -5 (SEAL) (SEAL) Phone No.: A Corporation By Nip Kelley Equipment Co., Inc (SEAL) (Corporation Name) Missouri e cis c '• --••• - (S of Incorp rati n) , By Jan Kelley`LS ••�" (N e of Person Authortzed to Sign) President (Title) (Corporate Sea[) Attest Business address: 41 North spriaa St Phone No.: Cape Girardeau, MO 63701 573-334-0553 Date of Qualification to do business is A Joint Venture (SEAL) By (Name) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) RM CAPE MEADOWS STORM SEWER ADDENDUM #1 November 15, 2000 The following revisions have been made to the above named Contract Documents: Items No. 7 - 11 have been changed from the bid form. The 60" x 60" junction manhole and area inlet have been changed as indicated in Table 1. The L.F. of 48" pipe has been increased as indicated in Table 1. All 21" pipe has been deleted from the project and replaced with 18" pipe as indicated in Table 1. Item number 10, a new bid item, previously 21" pipe is now changed to 15" pipe as indicated in Table 1. New Bid Form pages have been provided for your use. Table 1 7. 5'x 7.5' JUNCTION MANHOLE EACH 1 8. 5'x 7.5' AREA INLET EACH 3 9. 48" R.C.P. CLASS III L.F. 213.2 10. 15" R.C.P. CLASS III L.F. 34.43 11. 18" R.C.P. CLASS III L.F. 17 6. 1 2. The Rim Elevations and Inlet sizes on the plans should be changed as indicated in Table 2. Area Inlet 4 should be changed to a Junction Manhole as indicated. These changes should be applied to the construction plans. The bid opening date will still be December 7, 2000 at 10:00 A.M. There will be no pre- bid meeting so if you have any questions or concerns please feel free to contact me at (573) 334 - 9020. This addendum must be signed and attached to your Bid Documents. Date Table 2 Area Inlets and Junction Manholes Number Size Station Invert In Elev. Invert Out Elev. Rim Elev. A.I. - 1 60" x 90" 0+00 385.85 385.55 391.35 A.I. - 2 60" x 90" 1+72 389.85 389.70 395.35 A.I. - 3 60" x 90" 1+95 390.55 390.40 396.05 J.M.H. - 1 60" x 90" 2+27 391.44 391.44 396.94 J.M.H. - 2 48" DIA. 3+73 428.00 408.85 433.00 D.C.I. - 1 8'x 4' 4+02 439.43 431.00 444.20 S.C.I. - 1 4'x 3' 4+37 440.61 440.61 444.22 The bid opening date will still be December 7, 2000 at 10:00 A.M. There will be no pre- bid meeting so if you have any questions or concerns please feel free to contact me at (573) 334 - 9020. This addendum must be signed and attached to your Bid Documents. Date 1:3101:11 IRRII& Mf artd &Us: 41 N. Sprigg Street Ca a Girardeau, Missouri —63701 StJRh'Y lNtr!±s and dg tats of P.tfnolcN bMai IAWRKk Merchants Bonding Gq,m_na•ny 2100 Fleur Drive Des •MoM;s-, -1375 —70321 776-6567- - 1 a C Hal 401. nd endence Street Cape Girardeau, Missouri 63701 am MM O M, December 7, 2000 PAOdi:C1' (!MN Ossagot m bmudkv Lmt/aty: Cape ea ows Storm Sewer t NUMBER:_ 2.. 0 018 12 - OM. (Not lir tlttn 81d Oua OaGe): _ _ December 7 , 2000 PEMLSUK Five Percent of the Amount Bid IN WfCHM YA*RW, gu ter aW 81ddt Mnw+dnD late hq*Bound tlafft su*OW OW01 pArA9d Wt tits MWGG tido htxw L do no ckwi is BW Bond to bd duly ago wW at No WW by Ra authabw Omw ago% 0 Mpr*errtaft EQIIIPNENT COMPANX-,.("C. T"C. MERCHANTS BONDING CO),R,* ` �� all�a�.+�=��q,,�,f�/�.l.r�. ��f .r �►� 1�.�'t �+a �`r�a /►�_r r 1! I��t Sunny, N&M and WrpO td �: 4 .+,•yam. C tun and Title Sura and M" Dorian d s �3ba Witness: P4teerOf A�t,tp'jcne]K.tii3i-Fact 41,to,iJ ,, n h 8ipwuro "d S)groturoand Ue rurunl'' Nota: (1) Aboi+r addraMa as to be wtd for QI*V requIM not{W. (2) Any dnpuhr rsieronw to t kkW 8urrtV, Ownar or o"r party sW be oornidkrod pWO where • �liaebta • Ow ty0,14173 ZB-C (199q 6dtttoH} 1. Bidder and SVMty, jointly attd sevaalty, bind them_ salves, that heirs, exemtoa, adrt>iniatrators, FX)C a. We and asai=ns to pay to Owner upon dam of Bidder the penal sum sat fortb on du face of" Bond, I. Default of Bidder shad omr upon the Mum of Bidder to "Wer whtidn the time requkW by the Bidding Documents uta execumd Agrees ent required by the Btdditt8 Downwnts end any perkroamm sod Payment bands mquiud by tea Bidding Docuntemte And Codtradt Docueneats. 3. This obtigsaon OW he null and void if; 3.1. Oww soeepts Bidder's bid and RWdsr daiiv. ere within cher tim required by the Sliding Doataaeata (or any Masion *mdapoed to in wd*a by OWrA4 the mxcaun®d int - required by uta BW1r4 DoaunwwAs ted any performam eind paymaat bonds rogt&*d by the Biddft Doovatatts and Content Doeu- menu, or 3.2. All bide an rcjeeted by Owner, or 3.3. Owntr fails tp issue a mace of award to Bidder wWn the time epech'!ad is the BiddiRtg Doew ante's (or any exuttsioa thereof meted to in writing by Ridder W. ff sppli We, 6x*w4W to by Sorely when requited by paragt* .5 herwo. a. Payment undor.thts Bond will be due and payable upon default of Bidder and within 30 calendar days sdter receipt by Bidder end &maty of writtsu notice of 4mtbult from Owner, which Wice will be given with raaaaptble promptness, idesttilyt this Bond and tho Projod and includiM a statement of the •a umt osis, 3. Surety walvms notice of and any and all dehma based on or arising seat of any lima extataion to issue scuta of award &Vftd to in wtiting by Owner and BM46 r, provided that the time for issuing ,notice of award including extensions spall not in the agate; Magid 120 daya ttrom Bid Dft Date without Surety's written consent. b. No suit or action shall be conmum ned under this Bond prior to 30 Calmdar days alter the notice of default required in puagrapb 4 above is rcceived by Bidder and Surety, and in no case )&ter th" one year atter Bid Due Date. 7. Any suit or Won under this Bond shall be tom• menced only in a court of cotppetent Mjdiation lo- eated in the state in which the pr*Ct is located, UM N0.1910.28 -C (1980 Edition) 8. Notice mgtdred hereunder shalt be in wrkit sent to Bidder and Surety at their reswtive *dCMae shown on the We of M Bond. Such n4t1m m: sett by p`rsok delivery, commaroia! Coterie: - United State= Rqfatared or C Med Anil. r*w , wed, pow pm -"K &W aha]l be dt=: to be elfkfiivo upon receipt by the party concern:. 9. Surety &ME eatue to be attached to this BI= eutrent used effective Power of Attorney evidencizv! authority of the off4w, agent or ropreeontad •T exemed this Bond on bdWo(Surety to wwuu. surd deliver etch Bard and bhtd the Burmty theft- M. This Bond is intse m to enaomt to an statutory raqubvraents. Any appSt ift requioe mr - — anY appiic" Nande: that bas beets Omhtted fi m Bond shall be deemed to ba included herein as 1: r. forth a length. K airy prvvWi of the Bond ooct= with any soglicNle provision ofedy applicable stn- than the provision of end sutuo shag Soveun at= -..- remainder :reminder of this Bond that k not in c onitiet tharm.,L- shall contra in guts force arA effect. i 1. Tbo term "bid" u used herein includes a bid, c•:r or proposal as applicable. Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made. constituted and appointed, and does by these presents make, constitute and appoint Donald L. Wasoba of St. Peters and State of Missouri its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - 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 fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 12th day of September , 2000 • NG .cq,-. .Oo.ORPOq 'O9y .- -o- c a : 1933 c: STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) ey �� President On this 12th day of September 1 2000 . before me appeared Larry Taylor, tc me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. •••......... K• MQC A,: •'• • !9 J i a Z ; • IOWA •'.OTS P R I A L SS STATE OF IOWA COUNTY OF POLK ss. OP4 r 4 / // Cae,� Notary Public, Polk County, Iowa 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 7th dayof December, 20,00 ••'•'•'•• P YIItr,,, „YI C: 1933 : ti. MSC 0871 (2/98) _ � .' � 1 :. {n •w� .\•�� 6000** "�rnnur�«�r••• Secretary r CORRECTED CHANGE ORDER #1 and FINAL PROJECT TITLE Cape Meadows - Storm Sewer CONTRACT DATE January 4, 2001 CONTRACTOR Nip Kelley Equipment Co., Inc. The following changes are hereby made to the Contract Documents: Item No. 1: Changes to bid items Changed from: No. Item 3. Fill 9. 48" R.C.P. Class III 10. 15" R.C.P. Class III 11. 18" R.C.P. Class III 13. Rip Rap in Place (18" thick) 14. Remove Concrete 15. Replace Concrete 21. 6" Type "V" Aggregate Shoulder Change to: No. Item 3. Fill 9. 48" R.C.P. Class III 10. 15" R.C.P. Class III 11. 18" R.C.P. Class III 13. Rip Rap in Place (18" thick) 14. Remove Concrete 15. Replace Concrete 21. 6" Type "V" Aggregate Shoulder Item No. 2: Deletion of bid items No. Item 19. Moving of Chain Link Fence 20. Moving of Shed Item No. 3: Additional bid items No. Item 22. Joint cleaning & sealing Unit Qty. Unit Price Price C.Y. 550 $4.65 $2,557.50 L.F. 213.2 $50.70 $10,809.24 L.F. 34.43 $14.15 $487.18 L.F. 176.1 $24.85 $4,376.09 S.Y. 20 $13.70 $274.00 S.Y. 415 $8.50 $3,527.50 S.Y. 415 $18.70 $7,760.50 S.Y. 158 $3.10 $489.80 Unit Qty. Unit Price Price C.Y. 817 $4.65 $3,799.05 L.F. 195 $50.70 $9,886.50 L.F. 34 $14.15 $481.10 L.F. 157 $24.85 $3,901.45 S.Y. 65 $13.70 $890.50 S.Y. 643.8 $8.50 $5472.30 S.Y. 643.8 $18.70 $12,039.06 S.Y. 62.2 $3.10 $192.82 Unit Qty. Unit Price Price L.F. 100 $4.50 $450.00 L.S. 1 $100.00 $100.00 Unit Qty. Unit Price Price L.F. 320 $1.10 $352.00 JUSTIFICATION The purpose of this change order is to bring the bid quantities up to actual constructed values. The additional rip rap quantity was to provide better erosion control downstream. The additional concrete removal and replacement was added because more pavement was deteriorated adjacent to the project area. The joint cleaning & sealing was added because the existing joints were in need of sealing to prevent water from getting under the concrete slabs. CHANGE TO CONTRACT PRICE Original contract price: $60,339.80 Current contract price as adjusted by previous change orders: $60,339.80 Current contract price due to this change order will be increased by: $6,182.97 The new contract price due to this change order will be: $66,522.77 CHANGE TO CONTRACT TIME No adjustment to the contract time will be made. 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. Recommended by — � Date /0 o / Mark A. Lester, City Engineer Tvi 0 lami�L ai—to Date 10118/0/ Mel ie-Gertis, Project Manager Approved by . Miller-,-CiTy Manager Date l a Z--? — ()- v Accepted by _ Date Nip Kelley Equipment Cfjnpany Inc.