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HomeMy WebLinkAboutRES.1680.06-18-2001BILL NO. 2001-127 RESOLUTION NO. I (D80 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY FOR THE 2001-1 STREET OVERLAY PROGRAM 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 Apex Paving Company for the 2001-1 Street Overlay Program. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF 20 (j( A. M. Spradling, II Mayor ATTEST: GaylO L. Conrad, City Clerk CITY OF CAPE GIRARDEAU 2001-1 STREET OVERLAY PROGRAM STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 8 day of 20 2) by and between the City of Cape Girardeau, Missouri (herei er called in the year OWNER) and Apex Paving Company (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 :ecifiedor indicated in the Contract Documents. The Work is generally described as The work to be performed under these Contract Documents consists of the improvement with two inches (2") of hot mix asphaltic concrete including pavement repair, milling, crack sealing, repairing curb and gutter, adjusting manholes, installing pavement fabric and other necessary Street for aor the length of 658 feet and streets:a Hickory Street -from Sprigg Street to Pacific width of 20 feet; Revlon Drive -from Grandview De{,eldest End Boulevard -from rcling back to Grandview Drive for a length of 884 feet and a width Bertling Street northward to a dead end leor a length of 524 feet east and north toand a a dead'dth of end fo?a feet; Oakley Drive -from West End Boulevard length of 764 feet and width of 18Water width of 21 feet; Main Street Independence Street for a length of 2,796 feet and a Street - from Broadway north to the concrete pavement south Bellevue Street tofor Amethyst 960 feet and width of 39 feet; Sprigg Street -from Street for a length of 3,122 feet and widths of 39 feet and 36 feet; West End Boulevard -from Independence Street to Bloomfield Road for a length of 1,938 feet and of various width; Rotary Drive (Cherokee Park)—Lexington Avenue to Perryville Road for a length of 927 feestreet for width a lengthf 34 ofe11573 feet and a width Street and Park Drive -from Middle Street to Main of 30 feet; Edgewood Road -from Quince Street to Bloomfield Road for a length of 1,360 feet and a width of 22 feet; Bloomfield Road -from West End Boulevard to Pacific Street for a length of 1,847 feet and a width of 30 feet; Walnut Street -from Sprigg Street to Benton Street for a length of 1,105 feet and a width of 20 feet; Gerhardt Drive -from Enterprise Street to Kingshighway for a length of 800 feet and A-1 a width of 39 feet; Red Bud Circle -off of Westfield Drive for a length of 1,236 feet and a width of 29 feet; Spanish Street -from Park Drive to Mill Street for a length of 936 feet and a width of 21 feet; and Middle Street -from Olive Street to Emerald Street for a length of 887 feet 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 completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars $ 200 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Dollars $ 100 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. A-2 TOTAL OF ALL UNIT PRICES: Four hundred ninety-seven thousand one hundred thirty-two dollars and fifty cents ($ 497,132.50 ) 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. 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 A-3 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. 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 -11 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits 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 2001-1 Street Overlay Program 8.8 Drawings. 8.9 Addenda numbers to , inclusive. and consisting of 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -11 , inclusive) marked exhibit A . M 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 that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 200 (which is the Effective Date of the Agreement). OWNER Cit Cape Girardeau CONTRACTOR Apex Paving Company MichaelC Miller, City Manager ichard C. Neubert, President [CORPORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. [CORPORATE SEAL] Attest Sharon A. Johnson, Asst. Secretary Address for giving notices 700 Woods Lane Sikeston, MO 63801 License No. Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) A-7 EXHIBIT A CITY OF CAPE GIRARDEAU 2001-1 STREET OVERLAY PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The work to be performed under these Contract Documents consists of the improvement with two inches (2") of hot mix asphaltic concrete including pavement repair, milling, crack sealing, repairing curb and gutter, adjusting manholes, installing pavement fabric and other necessary work for the following streets: Hickory Street -from Sprigg Street to Pacific Street for a length of 658 feet and a width of 20 feet; Revlon Drive -from Grandview Drive circling back to Grandview Drive for a length of 884 feet and a width of 26 feet; West End Boulevard -from Bertling Street northward to a dead end for a length of 524 feet and a width of 20 feet; Oakley Drive -from West End Boulevard east and north to a dead end for a length of 764 feet and width of 18 feet; Water Street—Broadway to Independence Street for a length of 927 feet and a width of 34 feet; Main Street - from Broadway north to the concrete pavement south of Park Street for length of 960 feet and width of 39 feet; Sprigg Street -from Bellevue Street to Amethyst Street for a length of 3,122 feet and widths of 39 feet and 36 feet; West End Boulevard -from Independence Street to Bloomfield Road for a length of 1,938 feet and of various width; Rotary Drive (Cherokee Park)—Lexington Avenue to Perryville Road for alength of 2,796 feet and a width of 21 feet; North Street and Park Drive -from Middle Street to Main Street for a length of 1,573 feet and a width of 30 feet; Edgewood Road -from Quince Street to Bloomfield Road for a length of 1,360 feet and a width of 22 feet; Bloomfield Road -from West End Boulevard to Pacific Street for a length of 1,847 feet and a width of 30 feet; Walnut Street -from Sprigg Street to Benton Street for a length of 1,105 feet and a width of 20 feet; Gerhardt Drive -from Enterprise Street to Kingshighway for a length of 800 feet and a width of 39 feet; Red Bud Circle -off of Westfield Drive for a length of 1,236 feet and a width of 29 feet; Spanish Street -from Park Drive to Mill Street for a length of 936 feet and a width of 21 feet; and Middle Street -from Olive Street to Emerald Street for a length of 887 feet 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 BF -1 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; (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 BF -2 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 r� 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 i 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): BF -3 NO. ITEM UNIT EST. QUANT. UNIT PRICE EST. PRICE A. HICKORY STREET--SPRIGG ST. TO PACIFIC ST. 1. ASPHALTIC CONCRETE TONS 160 $ _-3 Ye D d $ eto 2. LIQUID ASPHALT GAL. 148 $ l - S® $ 2:z'l.• o 3. MILLING S.Y. 67 $ $ 2 X-4. 7-r' 4. JOINT MILLING S.Y. 7 $ $ elx- 5. PAVEMENT REPAIR S.Y. 3 $ 30 Dl+ $ fD' o o 6. CLEAN OUT INLETS EA. 3 $ $ g.s'a" oo EA. 2 $ _! B. REVLON DRIVE-GRANDVIEW LANE CIRCLING BACK TO GRANDVIEW LANE 1. ASPHALTIC CONCRETE TONS 276 $ 3 q< d O $ !D, 7,6 Y' 2. LIQUID ASPHALT GAL. 255 $ $ 3,p-? -N--- 3. JOINT MILLING S.Y. 58 $ $ (6.2,` 4. PAVEMENT REPAIR S.Y. 178 $ -'� ` '� $ i 5. ADJUST MANHOLE EA. 3 $ $ G Dde Og C. s WEST END BOULEVARD-BERTLING ST. NORTH TO DEAD END EAST AND NORTH THROUGH 1700 BLOCK 1 1. i 1. ASPHALTIC CONCRETE TONS 180 $ 5 yr D o $ d DBB 2. LIQUID ASPHALT GAL. 114 $ I •.4`® $ l9! d I 3. JOINT MILLING S.Y. 44 $ J- $--92--f 2 A 0 ' 4. PAVEMENT REPAIR S.Y. 71 $ .3A tvo $ �, B� �� 5. GRADING L.F. 180 $ 6. ADJUST MANHOLE EA. 2 $_Z6_17 ��If D. OAKLEY DRIVE-BERTLING ST. EAST AND NORTH THROUGH 1700 BLOCK 1 1. ASPHALTIC CONCRETE TONS 184 $ f# 0 G $ 7 ,ov 2. LIQUID ASPHALT GAL. 170 $ �CS 3. JOINT MILLING S.Y. 40 $ 4' A"r $ d 4. PAVEMENT REPAIR S.Y. 14 $ So r ed $ l d 5. ADJUST MANHOLE EA. 2 $ A 00, lea $ and BF -4 E. WATER STREET --BROADWAY TO INDEPENDENCE 1. ASPHALTIC CONCRETE TONS 402 $_3�t e 0 $ 2. LIQUID ASPHALT GAL. 372 416 3. MILLING S.Y. 667 $_$ 2, 4. JOINT MILLING S.Y. 76 4. MILLING 5. ADJUST MANHOLE EA. 8 $ 2Z)O, D Z) 6. ADJUST VALVE COVER EA. 2 $ ;.O "o $ YDS oa 7. ADJUST GRATED INLET EA. 1 $ $'-'L�+- Ota F. MAIN STREET --BROADWAY TO PARK DRIVE 1. ASPHALTIC CONCRETE TONS 449 $-,!?9, ®a $ /% _s -A ao 2. LIQUID ASPHALT GAL. 416 $ $� a 3. JOINT MILLING S.Y. 87 $ $ Sys,, 71s, 4. MILLING S.Y. 267 $ �/� a -r $—I , 1-s- 5. PAVEMENT REPAIR S.Y. 12 $ 3d R8 $ .5+6 mR 6� 6. CURB REPAIR L.F. 324 $ .2_,?, e d $ 7, 'y. -l -l' 7. ADJUST MANHOLE EA. 1 $—o6 m+ ao& $ ,�og_co 8. ADJUST VALVE GUARD EA. 1 $ ;?e, ea $ mo.. f9d $ aCff-& 6 G. SPRIGG STREET-BELLEVUE ST. TO AMETHYST ST. 1. ASPHALT CONCRETE TONS 1,454 $ 3 �j+ ©e $ 2. LIQUID ASPHALT GAL. 1,347 $ $. 9Tg9� 3. MILLING S.Y. 5,637 $ 4. JOINT MILLING S.Y. 393 $ 4; rv`2-� $ 0 5. PAVEMENT REPAIR S.Y. 82 $_-Tb a6 $ 6. CURB REPAIR L.F. 193 eD $_�, 7. ADJUST MANHOLE EA. 9 $ ,�©6 D $ 8. ADJUST VALVE GUARD EA. 3 $$ H. WEST END BOULEVARD--BLOOMFIELD ROAD TO INDEPENDENCE ST. 1. ASPHALTIC CONCRETE TONS 955 $ $ ®e 2. LIQUID ASPHALT GAL 804 $ $'- 4 3. MILLING S.Y. 4,212 $ $ DlYd 4. JOINT MILLING S.Y. 201 $ c4' $ -S .2-s 5. PAVEMENT REPAIR S.Y. 27 $-g©' D 6 $ l0 , ®d 6. CURB REPAIR L.F. 92 $ ij, 0 o$ %;,� �l� 06 7. SIDEWALK REPAIR S.Y. 97 $ J7Or m® $-13- !!Fla " 8. ADJUST MANHOLE EA. 9 $ aa6, o $ t e6 9. ADJUST VALVE GUARD EA. 2 $ '2 zqr o d $ yo , n 0 10. SINGLE SIDEWALK RAMP EA. 16 $ $_%2; ejl,2 oo 11. DOUBLE SIDEWALK RAMP EA. 2 $ $ —�1, M- - OeV 12. CLEAN OUT & REPAIR INLET EA. 1 $ $ e od as ROTARY DRIVE (CHEROKEE PARK) --LEXINGTON AVENUE TO PERRYVILLE ROAD 1. ASPHALTIC CONCRETE TONS 775 $ fJBL $ 2. LIQUID ASPHALT GAL. 652 $ 3. PAVEMENT REPAIR S.Y. 16 $ 4. SHOULDER REPAIR L.F. 149 $ /0 "00 $ eD® 5. JOINT MILLING S.Y. 133 $ $ 4,5 CURB REPAIR L.F. 212 $ $ Y, 50Y�, J. NORTH STREET & PARK DRIVE --MIDDLE ST. TO MAIN ST. 1. ASPHALTIC CONCRETE TONS 623 $ 2' 0,0 $ .2,Y1 .9 %% o m 2. LIQUID ASPHALT GAL. 577 $ .S`® $ k6_<S',a 3. JOINT MILLING S.Y. 107 $ �. ' $ &o a A !�-r" 4. MILLING S.Y. 480 $ -4- $ ;,, O x� 5. CURB REPAIR L.F. 212 $ $ !&_ ��Ifx o8 6. ADJUST MANHOLE S.Y. 3 $ ®fir 0 Zoe, as K. EDGEWOOD ROAD --AZALEA ST. TO BLOOMFIELD ROAD 1. ASPHALTIC CONCRETE TONS 377 D 4 $ 2 LIQUID ASPHALT GAL. 322 $ 3. MILLING S.Y. 111 $ e ,2 .S� $ YT 6, Z 4. JOINT MILLING S.Y. 49 $ (. •Z� $d> 2-� 5. PAVEMENT REPAIR S.Y. 217 $ �B' 6d $ 1d4 Dai L. BLOOMFIELD ROAD --WEST END BOULEVARD TO PACIFIC ST. 1. ASPHALTIC CONCRETE TONS 2. LIQUID ASPHALT GAL. 3. JOINT MILLING S.Y. 731 $ 3 �, o $ d `-�V �, Baa 677 $ l r z_ 420 $ 6i ,7S $ 41" 4. PAVEMENT REPAIR S.Y. 19 $ 0 6 $ d'. O0 5. CURB REPAIR L.F. 312 $ O O $ 74 1:74� eo 6. ADJUST MANHOLE EA. 4 $_.ZGO I'm $ reo" 0.6 7. ADJUST VALVE COVER EA. 3 $ O' 11 O 0 $ Q 8. CURB RAMPS (DOUBLE) EA. 3 $ ,3'i o0 $ ad M. WALNUT STREET--SPRIGG ST. TO BENTON ST 1. ASPHALTIC CONCRETE TONS 278 $ O O $ / 0� ,. pd 2. LIQUID ASPHALT GAL. 258 $ lf.sf ® $ i!�K ©d 3. JOINT MILLING S.Y. 160 $ $ l/&toe 4. PAVEMENT REPAIR S.Y. 109 $ fidl efa $ %B/ dB 5. ADJUST MANHOLE EA. 3 $ 023-00 $�16OL%, O d 6. RAISE INLET EA. 1 $ Z;Sdr do $ o0 N. GERHARDT STREET-- ENTERPRISE ST. TO KINGSHIGHWAY 1. ASPHALTIC CONCRETE TONS 393 $ o.0 $ l' -§J zz-?cpm 2. LIQUID ASPHALT GAL. 347 $ .'ro $ _<20, D 3. MILLING S.Y. 267 $ 4" oy" $ fit'+ 4. JOINT MILLING S.Y. 217 $� $ �-�` 5. PAVEMENT REPAIR S.Y. 122 $ ;W4 00 6. ADJUST MANHOLE EA. 1 $ 'a' -do, o, 40 $ 7. ADJUST VALVE GUARD EA. 1 $ 9-014W $ "e, B© O. RED BUD CIRCLE--WESTFIELD DRIVE CIRCLING BACK TO WESTFIELD DRIVE 1. ASPHALTIC CONCRETE TONS 452 $ -31;00_s 2. LIQUID ASPHALT GAL. 398 $ ,-§-0 $�� Gd 3. MILLING S.Y. 179 $ yr 2 $ 4. JOINT MILLING S.Y. 64 $ $ 5. PAVEMENT REPAIR S.Y. 105 $ $ 6. CURB REPAIR L.F. 10 $ 023-00 $ 7. ADJUST MANHOLE EA. 1 $ c92Dd r4B $ DO. Od $.2 x� p� � BF -7 P. SPANISH STREET --PARK DRIVE TO MILL ST. 1. ASPHALTIC CONCRETE TONS 248 $ r 9 $ 91. oo 2. LIQUID ASPHALT GAL. 229 $ $ 3. JOINT MILLING S.Y. 53 $ .2.sf� $ 3,3� ZS 4. PAVEMENT REPAIR S.Y. 89 $ -Y©e 6d $ /Z_/ 67dr� 5. ADJUST MANHOLE EA. 12 $ a 04,_ D 4 $ i YDa • 00 6. ADJUST VALVE GUARD EA. 1 $ 20, eO $ -7-0,06, 7. CLEAN OUT & REPAIR INLETS EA. 4 $ 0 C $. o Q. MIDDLE STREET --OLIVE ST. TO EMERALD ST. 1. ASPHALTIC CONCRETE TONS 240 $ �'r .D 0 $ _%ca eo 2. LIQUID ASPHALT GAL. 212 $ Ir-5`� $ 3. JOINT MILLING S.Y. 86 $$ 4. SUBGRADE REPAIR S.Y. 100 $ $ ot9c9"' 5 5. ADJUST MANHOLE EA. 1 $ $ 2d®� 00 $ TOTAL BID FOR ALL UNIT PRICES .......... "'',Wc � ,!e wviiucii IIUUIU) $ 997, 7-1oaS eull1l, Z921,- 11� (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 sixty 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 /"/, '�O/Pa'c Address r0 c7 Gl% 40"4- a e' s,�6�1� (a) Performance and Payment Bonding Company Name A4 C S . /i Address Agent\Power of Attorney Name (if used) Address 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 /a , 20 01. rata,_ & 'Y ,e a -/,.,W- 46 State Contractor License No. d0 020 IF BIDDER is: _, doing business as Business address: Phone No.: A Partnership By Business address: Phone No.: A Corporation By (Individual's Name) (Firm Name) (General Partner) QVir)5a LD (Corp tion Na e) ilsso .cri J �5t of 1 co ra n) (Name of Person Authorized to Sign) BF -10 (SEAL) EAL) President (Title) (Corporate Sea[) Attest -� (Secre ary Business address: 7 O� u -5, 1 � �z� azo Phone No.: `S 7 3- y% l G i /a Date of Qualification to do business is 42- A A Joint Venture By (Name) By (Address) (Name) (Address) Phone Number and Address for receipt of official communications: (SEAL) (SEAL) (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.) BF -11 J9 Willis Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Apex Paving Company (Here insert full name and address or legal title of Contractor) 700 Woods Lane, Sikeston, MO 63801 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) Liberty Mutual Insurance Company 8044 Montgomery Road, Cincinnati, OH 45236 a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau (Here insert full name and address or legal title of Owner) 401 Independence Cape Girardeau, Missouri 63701 as Obligee, hereinafter called the Obligee, in the sum of 5% of Bid Amount Dollars ($ 5% of Bid AmoUJX for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2001-1 Street Overlay Program City of Cape Girardeau Cape Girardeau, Missouri NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed,the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good, 'aith_,_ contract with another party to perform the Work covered by said bid, then this obligation shall be null and rO,;rotr<i99l�'wine :. to remain in full force and effect Signed and sealed this 12th day of June, 2001 ' C Com' CAU f oo° C �L ex Paving Company f� r o P* I al) (Witness) Karla J. Prev llet ite Richard C. Neubert, President rlilkexty Mutual Insurance Company ° + o O Surety) (Witness) f. r' e e avis (Title) Attot)zey-,iu-tc't Printed In cooperation with The American Institue of Architects (AIA) by Willis. Willis vouches that the language In the - c document conforms exactly to the language used In AIA Document A310, February 1970 Edition. WC0054 State of Missouri County of St. Louis On this 12th day of June 2001 before me, Patricia S. Griser, a Notary Public and for the said County of St. Louis, State of Missouri, residing therein, duly commissioned and sworn, personal appeared Jeannette Davis known to me to be the Attorney -in -Fact of t Liberty Mutual insurance Company the corporation that executed the writt instrument. PATRICIA & GR(SER Notary Public • kotary Se4 STATE OF MISSOUPJ SL Louis County My Commit" Eg)U= Uq {. � c Notary Public in and for the tounty of St. Louis, State of Missouri. My Commission Expires 5/04/2002 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 653779 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, DAVID B. ARVOLA, GERALD J. LUX, ROBERT A. MILLER, RICHARD DECOSTER, JEANNETTE DAVIS, JOHN PALMER, ALL OF THE CITY OF ST. LOUIS, STATE OF MISSOURI.................................. ............................................................................................................................................................................................... ............................................................................................................................................................................................... ................................................................................................................................................................................................ ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100 DOLLARS ($ 50,000,000.00**"** ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by +.r the secretary of the Company in their own proper persons. CL That this power is made and executed pursuant to and by authority of the following By-law and Authorization: O ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. .a Y � Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such C d limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the CU r_ company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety 2 obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the p cc company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such ` pt instruments shall be as binding as if signed by the president and attested by the secretary. By the following lnstrument the chairman or the president has authorized the officer or, other official named thereinto appoint attorneys -in -fact: > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W Elliott is hereby authorized to appoint such attorneys -in -fact as may be necessary to actin behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. � That the By-law andthe Authorization above set forth are true copies thereof and are now in full force and effect. L IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance ;: O Company has been affixed t in Plymouth Meeting, Pennsylvania this 11th day of May 2000 O 4; O g" LIBERTY MUTUAL INSURANCE COMPANY d1 l7" t: C By Garnet W. Elliott, Assistant Secretary O ,_ £ COMMONWEALTH OF PENNSYLVANIA ss w cc COUNTY OF MONTGOMERY a v On this 11th day of May A.D. 2000 , before me, a Notary Public, personally came the individual, known to > d me to be the therein desc • idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled +- i ged that he executed arfie a the seal affixed to the said preceding, instrument is the corporate seal of said company; and that said corporate Z v seal and his signatu was duly affixed and subscribed to the Said instrument by authority and direction of the said company. 9 , IN TESTIMO REOF, I set my hand and affix my official seal:at Ply mau Meeting, PA the day and year first above written. OF NOrR ,t. SEA, .*. DONNA E. SHIELDS Natary Public Plymouth Trp owc�,m -yam un> Notary Public M, CorflnlisE4on Fxpl es F t; sYINy�v -RTfF�IC) E r 1, the undersigns tretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and c c copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signatureny�L ant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company S lie va' ti�pc3 binding upon the company with the same force and effect as though manually affixed. : ; J �gpq� .•'! 12th IN TESTIMONY WHEREOF, I have hereunto subscribed my nam�rrdfixedahe�pr o�aic seal of the said company, this day of June �DD1-• - stantSecretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND-WfTH /til'INCEPTION DATE AFTER May 11 _20 02 o T � f~` a I Bond No. 14013535 Document A312 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): Apex Paving Company Liberty Mutual Insurance Company 700 Woods Lane 8044 Montgomery Road Sikeston, MO 63801 Suite 626W Cincinnati, OH 45236 OWNER (Name and Address): City of Cape Girardeau 401 Independence St. Cape Girardeau, MO 63701 CONSTRUCTION CONTRACT Date: J 8faO61 Amount: $497,132.50 Description (Name and Location): 2001-1 Street Overlay Program BOND Date (Not earlier than Construction Contract Date): 8 aoaj Amount: $497,132.50 Modifications to this Bond: See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate S 1) Company: .__ (Corporate Sea[) Apex Pavi Company .> Liberty /ptutua Insurance Company Signature: c f {� vi— Signature: L Name and itle: gic'Dard C. Neubert, President Name and Ti Jeannette is / Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Willis of Missouri, Inc. other party): 120 South Central Avenue Suite 600 Clayton Centex St. Louis, MO 63105 (314) 854-0252 Printed in cooperation with The American Institute of Arichitects (AIA) by Willis. Witis vouches that the language in the document conforms exactly to the language used in AIA Document A312, December, 1984 Edition. Third Printing March 1987 1 WC1852A 1 7he Contractor and the Surety, -jointly and severally, bind themselves, their heirs, executors, administrators, suc- cessors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in ac- cordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Con- tract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- tract, arrange for a contract to be prepared for execu- tion by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and result- ing from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unre- lated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to re- lated subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the pro- visions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - Printed in cooperation with The American Institute of Architects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AIA Document A312, December 1984 Edition. Third Printing March 1987 WC1852B able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signa- ture page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conform- ing to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a com- mon law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Con- struction Contract atter all proper adjustments have been made, including allowance to the Contractor of MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contrac- tor as required by the Construction Contract or to per- form and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: Address: SURETY (Corporate Seal) Company: Signature: _ Name and Title: Address: Printed in cooperation with The American Institue of Architects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AIA A312, December 1984 Edition, Third Printing March 1987. Performance and Payment Bond WC1853A (Corporate Seal) Bond No. 14013535 Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Apex Paving Company 700 Woods Lane Sikeston, MO 63801 OWNER (Name and Address): City of Cape Girardeau 401 Independence St. Cape Girardeau, MO 63701 CONSTRUCTION CONTRACT Date: 5, .� 81 ae�o I Amount: $497,132.50 Description (Name and Location): SURETY (Name and Principal Place of Business): Liberty Mutual Insurance Company 8044 Montgomery Road Suite 626W Cincinnati, OH 45236 2001-1 Street Overlay Program BOND Date (Not earlier than Construction Contract Date): Amount: $497,132.50 Modifications to this Bond: Fx None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Apex Pa Company Signature: C� /r— Name and Title: Richard C. Neubert, President (Any additional signatures appear on page 6) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROILER: Willis of Missouri, Inc. 120 South Central Avenue Suite 600 Clayton Center St. Louis, MO 63105 (314) 854-0252 SURETY F-] See Page 6 Company: (Corporate Seal) LibeztV Mutu 1 Insurance Company Signature: kO A—, Name and Tit16i Jeannette D is / Attorney -in -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or othher party): Printed in cooperation with The American Institute of Architects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AIA Document A312, December 1984 Edition. Third Printing March 1987. Performance and Payment Bond 4 WC1853B 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, suc- cessors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3, With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last per- formed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Con- tractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has sati0ed the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: - 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for chal- lenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, in- cluding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice re- quired by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limita- tion available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said stat- utory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Printed in cooperation with The American Institute of Architects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AIA Document A312, December 1984 Edition. Third Printing March 1987 Performance and Payment Bond WC1853C Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: architectural and engineering services required for per- formance of the work of the Contractor and the Contrac- tor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signa- ture page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contrac- tor as required by the Construction Contract or to per- form and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: Printed in cooperation with The American Institute of Architects (AIA) by Willis. Willis vouches that the language in the documentconforms exactly to the language used in AIA Document A312, December 1984 Edition, Third Printing March 1987 Performance and Payment Bond WC1853D (Corporate Seal) State of Missouri County of St. Louis On this R day of , 2001 before me, Patricia S. Griser, a Notary Public in QS and for the said County of St. Louis, State of Missouri, residing therein, duly commissioned and sworn, personally appeared Jeannette Davis Liberty Mutual Insurance Company instrument. known to me to be the Attorney -in -Fact of the the corporation that executed the written PATPJCIA S. GRISER Notary Public - glary Seal - STATE OF MISSOURI VhEgirmUq{,2= Notary Public in and for the County 6f St. Louis, State of Missouri. My Commission Expires 5/04/2002 THIS,POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 781410 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, DAVID B. ARVOLA, GERALD J. LUX, ROBERT A. MILLER, JEANNETTE DAVIS, JOHN PALMER, ALL OF THE CITY OF ST. LOUIS, STATE OF MISSOURI................................................................................................. ............................................................................................................................................................................................... ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100********************* DOLLARS ($ 50,000,000.00***** ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by .y the secretary of the Company in their own proper persons. 0 That this power is made and executed pursuant to and by authority of the following By-law and Authorization: )ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Y Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Cc company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such d instruments shall be as binding as if signed by the president and attested by the secretary. v �- 0 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: O > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. 0 That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. O a) — L IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance +; O Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 22nd day of March 2001 O; LIBERTY MUTUAL INSURANCE COMPANY to (N .. C f:���-.✓'iV a1 By Garnet W. Elliott, Assistant Secretary O %E 4; COMMONWEALTH OF PENNSYLVANIA ss O COUNTY OF MONTGOMERY � v On this 22nd day of March A. D. 2001 before me, a Notary Public, personally came the individual, known to > me to be the therein described=indiyidual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed the same artd, tPtat the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate Z v seal and his signature m ttbserit dd46retdwas duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMON fdEREOF t rintp set my hand and affix my official seal at Plymou Meeting, P ,the I/day and /year first above written. 'l{ f SHW` My ' i .r t Notary Public �a CERTIFICATE I, the undersigned Astant'retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and c&rect copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. /� IN TESTIM NY !HEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this O TN day of awl v stant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER March 22 20 03 RS O vH' 0W C E O CL QM .-,4 %-'0 Q �: 0 O E aW y LO 00 C 00 «co iN wCn Cco 00 10 Certificate of Insurance THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE: POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that APEX PAVING COMPANY Name and Liberty 700 WOODS LANE address of Mutual TM SIKESTON, MISSOURI 63801 Insured. L� Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE -OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER, WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE Liberty Mutual Group LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 300tic&)Ws%ch termination or reduction has been mailed to: 3247 CITY OF CAPE GIRARDEAU A-2 HOLDER ATE 401 INDEPENDENCE aED RE ESENT AUTHORIZED REPRESENTATIVE CAPE GIRARDEAU, MISSOURI 63701 7/06/01 East Hanover, NJ (973) 887-7400 OFFICE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 EXP. DATE ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WORKERS COMPENSATION COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident 4/1/2002 WC2-631-004090-591 AR, IL, LA, MO $ 2,000,000 Each Accident Bodily Injury By Disease $ 2,000,000 Policy Limit Bodily Injury By Disease $ 2,000,000 Each Person GENERAL LIABILITY General Aggregate - Other than Products/Completed Operations $ 3,000,000 ® OCCURRENCE 4/1/2002 RG2-631-004090-601 Products/Completed Operations Aggregate $ 3,000,000 ❑ CLAIMS MADE Bodily Injury and Property Damage Liability Per $ 2,000,000 Occurrence Personal Injury RETRO DATE Per Person/ INCLUDED ABOVE Organization Other Other AUTOMOBILE LIABILITY Each Accident - Single Limit $ 2,000,000 B.I. and P.D. Combined Each Person ® OWNED 4/1/2002 AS2-631-004090-611 Each Accident or Occurrent ® NON -OWNED ® HIRED Each Accident or Occurrent OTHER ADDITIONAL COMMENTS COVERING ASPHALT PAVING ON THE 2001-1 STREET OVERLAY PROGRAM FOR THE CITY OF CAPE GIRARDEAU, MISSOURI WITH RESPECT TO THE GENERAL LIABILITY POLICY AND THE AUTOMOBILE LIABILITY POLICY, THE CITY OF CAPE GIRARDEAU, MISSOURI IS NAMED AS AN ADDITIONAL INSURED. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE INCLUDES THE "ALL STATE,';" FNnC)RqFMFr\[T If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE -OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER, WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE Liberty Mutual Group LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 300tic&)Ws%ch termination or reduction has been mailed to: 3247 CITY OF CAPE GIRARDEAU A-2 HOLDER ATE 401 INDEPENDENCE aED RE ESENT AUTHORIZED REPRESENTATIVE CAPE GIRARDEAU, MISSOURI 63701 7/06/01 East Hanover, NJ (973) 887-7400 OFFICE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that F CITY OF CAPE GIRARDEAU 401 INDEPENDENCE ST. Name and ,— address of Insured. MGM =CAPE GIRARDEAU, MO 63703 Is, atue date of this certificate, insured by the Company under the policy(i ed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. If the certificateexpiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will =notified notified annually of the continuation of coverage. Liberty Mutual Group NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: A-3 CITY OF CAPE GIRARDEAU A-3 / CEMFICA 401 INDEPENDENCE ST. ary A. Tay TE At RIZtESENTATIVE Ha_DER CAPE GIRARDEAU, MO 63703 7/5/2001 (972) 887-7400 East Hanover, NJ I 1 —1 DATE ISSUED TELEPHONE OFFICE n , I _... -- ". I i,,. i mro v All rri I n i �vni IT, „ a„ ,i,.,A h. T1,,,.,. r , BS 7721 R2 EXP.DATE CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: Bodily Injury By Accident Each WORKERS Accident Bodily Injury By Disease COMPENSATION Policy Limit Bodily Injury By Disease Each Person GENERAL LIABILITY BODILY INJURY PROPERTY DAMAGE ❑Comprehensive Form Each $ Each $ F-1 Schedule Occurrence Occurrence 1/2002 TF2-631-004267 $ Aggregate $ Aggregate F-14/Products Completed Operations Independent Contractors Combined Single Limit ❑ Contractors Protective Bodily Injury and Property Damage ❑Contractual $ 2,000,000 Each Occurrence Liability Owners' and Contractors $ 2,000,000 Aggregate protective liability Policy ❑RAILROAD PROTECTIVE LIABILITY POLICY AUTOMOBILE LIABILITY =ach Accident - Single Limit 3.1. and P.D. Combined Each Person ❑ OWNED ❑ NON -OWNED Each Accident or Occurrence ❑ HIRED Each Accident or Occurrence CONTRACTOR: APEX PAVING COMPANY Location(s) of Operations & Job # (If applicable) Description of Operations: CITY OF CAPE GIRARDEAU 2001-1 STREET OVERLAY PROGRAM PAVING If the certificateexpiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will =notified notified annually of the continuation of coverage. Liberty Mutual Group NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: A-3 CITY OF CAPE GIRARDEAU A-3 / CEMFICA 401 INDEPENDENCE ST. ary A. Tay TE At RIZtESENTATIVE Ha_DER CAPE GIRARDEAU, MO 63703 7/5/2001 (972) 887-7400 East Hanover, NJ I 1 —1 DATE ISSUED TELEPHONE OFFICE n , I _... -- ". I i,,. i mro v All rri I n i �vni IT, „ a„ ,i,.,A h. T1,,,.,. r , BS 7721 R2 CHANGE ORDER #1 & FINAL PROJECT TITLE: 2001-1 Street O CONTRACT DATE: Julv 16, 2001 CONTRACTOR: Apex Pavinq Co., Inc. The following changes are hereby made to the Contract Documents. This FINAL Change Order is to bring all contract quantities up to AS N R -L) quantities, add or delete any items and make any changes. 2" OVERLAY PROGRAM 2001-1 1. HICKORY LANE--SPRIGG STREET TO PACIFIC STREET 1. ASPHALTIC CONCRETE AS BUILT 223.30 $ NO. ITEM UNIT QUANTITY UNIT PRICE I AS BUILT PRICE 1. HICKORY LANE--SPRIGG STREET TO PACIFIC STREET 1. ASPHALTIC CONCRETE TONS 223.30 $ 39.00 $ 8,708.70 2. LIQUID ASPHALT GAL. 100.00 $ 1.50 $ 150.00 3. MILLING S.Y. 0.00 $ 4.25 $ - 4. JOINT MILLING S.Y. 180.90 $ 6.25 $ 1,130.63 5. PAVEMENT REPAIR S.Y. 0.00 $ 30.00 $ - 6. CLEAN OUT INLETS EA. 3.00 $ 650.00 $ 1,950.00 7. ADJUST MANHOLE EA. 2.00 $ 200.00 $ 400.00 $ 14,199.95 $ 12,339.33 2. REVLON DRIVE--GRANDVIEW LANE CIRCLING BACK TO GRANDVIEW LANE 1. ASPHALTIC CONCRETE TONS 310.80 $ 39.00 $ 12,121.20 2. LIQUID ASPHALT GAL. 250.00 $ 1.50 $ 375.00 3. JOINT MILLING S.Y. 237.40 $ 6.25 $ 1,483.75 4. PAVEMENT REPAIR S.Y. 0.00 $ 30.00 $ - 5. ADJUST MANHOLE EA. 1.00 $ 200.00 $ 200.00 6. ADJUST VALVE COVER EA. 1.00 $ 20.00 $ 20.00 $ 14,199.95 3. WEST END BOULEVARD--BERTLING STREET NORTH TO DEAD END 1. ASPHALTIC CONCRETE TONS 217.20 $ 39.00 $ 8,470.80 2. LIQUID ASPHALT GAL. 100.00 $ 1.50 $ 150.00 3. JOINT MILLING S.Y. 60.80 $ 6.25 $ 380.00 4. PAVEMENT REPAIR S.Y. 0.00 $ 30.00 $ - 5. GRADING L.F. 189.00 $ 10.00 $ 1,890.00 6. ADJUST MANHOLE EA. 1.00 $ 200.00 $ 200.00 7. ADJUST GRATED INLET EA. 0.00 $ 750.00 $ 12,455.50 8. WHITE LINE -PARKING STALL L.F. 262.50 $ 0.55 $ 11,090.80 4. OAKLEY DRIVE--BERTLING STREET EAST AND NORTH THROUGH 1700 BLOCK 1. ASPHALTIC CONCRETE TONS 278.00 $ 39.00 $ 10,842.00 2. LIQUID ASPHALT GAL. 125.00 $ 1.50 $ '187.50 3. JOINT MILLING S.Y. 0.00 $ 6.25 $ - 4. PAVEMENT REPAIR S.Y. 34.20 $ 30.00 $ 1,026.00 5. ADJUST MANHOLE EA. 2.00 $ 200.00 $ 400.00 6. ADJUST VALVE COVER EA. 0.00 $ 20.00 $ - 7. ADJUST GRATED INLET EA. 0.00 $ 750.00 $ 12,455.50 5. WATER STREET --BROADWAY TO INDEPENDENCE STREET 1. ASPHALTIC CONCRETE TONS 515.40 $ 39.00 $ 20,100.60 2. LIQUID ASPHALT GAL. 250.00 $ 1.50 $ 375.00 3. MILLING S.Y. 830.50 $ 4.25 $ 3,529.63 4. JOINT MILLING S.Y. 106.50 $ 6.25 $ 665.63 5. ADJUST MANHOLE EA. 9.00 $ 200.00 $ 1,800.00 6. ADJUST VALVE COVER EA. 0.00 $ 20.00 $ - 7. ADJUST GRATED INLET EA. 0.00 $ 750.00 $ - 8. WHITE LINE -PARKING STALL L.F. 262.50 $ 0.55 $ 144.38 9. HANDICAP STALL EA. 2.00 $ 49.50 $ 99.00 $ 26,714.23 6. MAIN STREET --BROADWAY TO PARK DRIVE 1. ASPHALTIC CONCRETE TONS 516.30 $ 39.00 $ 20,135.70 2. LIQUID ASPHALT GAL. 250.00 $ 1.50 $ 375.00 3. JOINT MILLING S.Y. 147.60 $ 6.25 $ 922.50 4. MILLING S.Y. 350.00 $ 4.25 $ 1,487.50 5. PAVEMENT REPAIR S.Y. 0.00 $ 30.00 $ - 6. CURB REPAIR L.F. 185.40 $ 23.00 $ 4,264.20 7. ADJUST MANHOLE EA. 0.00 $ 200.00 $ - 8. ADJUST VALVE GUARD EA. 1.00 $ 20.00 $ 20.00 9. SIDEWALK REPAIR S.Y. 18.40 $ 30.00 $ 552.00 10. DOUBLE YELLOW LINE L.F. 944.00 $ 0.33 $ 311.52 11. SOLID WHITE LINE L.F. 46.00 $ 0.165 $ 7.59 12. STOP BARS EA. 23.00 $ 1.84 $ 42.32 13. ARROWS EA. 2.00 $ 38.50 $ 77.00 6. CURB REPAIR LF. 531.00 $ 23.00 $ - 12,213.00 7. ADJUST MANHOLE EA. 13.00 $ 200.00 $ 28,195.33 7. SPRIGG STREET--BELLEVUE STREET TO AMETHYST STREET 1. ASPHALTIC CONCRETE TONS 1745.60 $ 39.00 $ 68,078.40 2. LIQUID ASPHALT GAL. 1100.00 $ 1.50 $ 1,650.00 3. MILLING 4. JOINT MILLING S.Y. S.Y. 4990.30 666.90 $ $ 4.25 6.25 $ $ 21,208.78 4,168.13 5. PAVEMENT REPAIR S.Y. 437.40 $ 30.00 $ 13,122.00 6. CURB REPAIR LF. 531.00 $ 23.00 $ - 12,213.00 7. ADJUST MANHOLE EA. 13.00 $ 200.00 $ 2,600.00 8. ADJUST VALVE GUARD EA. 5.00 $ 20.00 $ 100.00 9. SIDEWALK REPAIR S.Y. 43.80 $ 30.00 $ 1,314.00 10. PAVEMENT REPAIR (D/W) S.Y. 35.90 $ 30.00 $ 1,077.00 11. SINGLE SIDEWALK RAMP EA. 7.00 $ 750.00 $ 5,250.00 12. DOUBLE SIDEWALK RAMP EA. 3.00 $ 975.00 $ 2,925.00 13. DOUBLE YELLOW LINE L.F. 3185.00 $ 0.33 $ 1,051.05 14. SOLID WHITE LINE L.F. 460.00 $ 0.165 $ 75.90 15. DIRECTION ARROWS EA. 12.00 $ 38.50 $ 462.00 16. CROSS WALKS(STOP BARS L.F. 401.00 $ 1.84 $ 737.84 17. PARKING STALL LF. 275.00 $ 0.55 $ 151.25 $ 136,184.34 8. WEST END BOULEVARD--BLOOMFIELD ROAD TO INDEPENDENCE STREET 1. ASPHALTIC CONCRETE TONS 1089.10 $ 39.00 $ 42,474.90 2. LIQUID ASPHALT GAL. 800.00 $ 1.50 $ 1,200.00 3. MILLING S.Y. 8693.80 $ 4.25 $ 36,948.65 4. JOINT MILLING S.Y. 301.60 $ 6.25 $ 1,885.00 5. PAVEMENT REPAIR S.Y. 17.50 $ 30.00 $ 525.00 6. CURB REPAIR LF. 433.40 $ 23.00 $ 9,968.20 7. SIDEWALK REPAIR S.Y. 151.00 $ 30.00 $ 4,530.00 8. ADJUST MANHOLE EA. 1.00 $ 200.00 $ 200.00 9. ADJUST VALVE GUARD EA. 5.00 $ 20.00 $ 100.00 10. SINGLE SIDEWALK RAMP EA. 16.00 $ 750.00 $ 12,000.00 11. DOUBLE SIDEWALK RAMP EA. 0.00 $ 975.00 $ - 12. CLEAN OUT INLET EA. 0.00 $ 650.00 $ - 13. PAVEMENT REPAIR (D/W) S.Y. 125.90 $ 30.00 $ 3,777.00 14.4" DBL. YELLOW L.F. 720.00 $ 0.33 $ 237.60 15.4" WHITE L.F. 103.00 $ 0.165 $ 17.00 16. STOP BARS & CROSS WALK L.F. 145.00 $ 1.84 $ 266.80 17. DIRECTION ARROWS EA. 2.00 $ 38.50 $ 77.00 $ 114,207.15 9. ROTARY DRIVE (CHEROKEE PARK) --LEXINGTON AVENUE TO PERRYVILLE ROAD 1. ASPHALTIC CONCRETE TONS 910.20 $ 39.00 $ 35,497.80 2. LIQUID ASPHALT GAL. 350.00 $ 1.50 $ 525.00 3. PAVEMENT REPAIR S.Y. 80.80 $ 30.00 $ 2,424.00 4. SHOULDER REPAIR L.F. 0.00 $ 10.00 $ - 5. JOINT MILLING S.Y. 149.60 $ 6.25 $ 935.00 $ 23.00 $ 4,991.00 6. $ 39,381.80 10. NORTH STREET & PARK ST --MIDDLE STREET TO MAIN STREET 1. ASPHALTIC CONCRETE TONS 536.80 $ 39.00 $ 20,935.20 2. LIQUID ASPHALT GAL. 325.00 $ 1.50 $ 487.50 3. JOINT MILLING S.Y. 309.80 $ 6.25 $ 1,936.25 4. MILLING S.Y. 0.00 $ 4.25 $ - 5. CURB REPAIR L.F. 217.00 $ 23.00 $ 4,991.00 6. ADJUST MANHOLE EA. 0.00 $ 200.00 $ - 7. ADJUST VALVE COVER EA. 0.00 $ 20.00 $ - $ 28,349.95 11. EDGEWOOD ROAD --QUINCE STREET TO BLOOMFIELD ROAD 1. ASPHALTIC CONCRETE TONS 386.70 $ 39.00 $ 15,081.30 2. LIQUID ASPHALT GAL. 200.00 $ 1.50 $ 300.00 3. MILLING S.Y. 10.00 $ 4.25 $ 42.50 4. JOINT MILLING S.Y. 347.60 $ 6.25 $ 2,172.50 5. PAVEMENT REPAIR S.Y. 155.20 $ 30.00 $ 4,656.00 6. 4"DBL. YELLOW L.F. 1211.00 $ 0.33 $ 399.63 7. ADJUST VALVE COVER EA. 0.00 $ 20.00 $ - $ 22,651.93 12. BLOOMFIELD ROAD --WEST END BOULEVARD TO PACIFIC STREET 1. ASPHALTIC CONCRETE TONS 857.80 $ 39.00 $ 33,454.20 2. LIQUID ASPHALT GAL. 400.00 $ 1.50 $ 600.00 3. JOINT MILLING S.Y. 282.90 $ 6.25 $ 1,768.13 4. PAVEMENT REPAIR S.Y. 19.60 $ 30.00 $ 588.00 5. CURB REPAIR L.F. 633.10 $ 23.00 $ 14,561.30 6. ADJUST MANHOLE EA. 2.00 $ 200.00 $ 400.00 7. ADJUST VALVE COVER EA. 0.00 $ 20.00 $ - 8. CURB RAMPS (DOUBLE) EA. 1.00 $ 975.00 $ 975.00 9. SINGLE SIDEWALK RAMP EA. 1.00 $ 750.00 $ 750.00 10. SIDEWALK REPAIR S.Y. 26.00 $ 30.00 $ 780.00 200.00 $ 1.50 $ $ 53,876.63 13. WALNUT STREET--SPRIGG STREET TO BENTON STREET 1. ASPHALTIC CONCRETE TONS 309.80 $ 39.00 $ 12,082.20 2. LIQUID ASPHALT GAL. 200.00 $ 1.50 $ 300.00 3. JOINT MILLING S.Y. 288.30 $ 6.25 $ 1,801.88 4. PAVEMENT REPAIR 5. ADJUST MANHOLE S.Y. EA. 0.00 3.00 $ $ 30.00 200.00 $ $ - 600.00 6. RAISE INLET EA. 1.00 $ 750.00 $ 750.00 7. MILLING S.Y. 25.60 $ 4.25 $ 108.80 8. CURB REPAIR L.F. 11.70 $ 23.00 $ 269.10 ADJUST VALVE GUARD EA. 0.00 $ 20.00 $ - 8. CURB REPAIR L.F. 81.00 $ 23.00 $ 15,911.98 14. GERHARDT STREET-- ENTERPRISE STREET TO KINGSHIGHWAY 1. ASPHALTIC CONCRETE TONS 435.30 $ 39.00 $ 16,976.70 2. LIQUID ASPHALT GAL. 350.00 $ 1.50 $ 525.00 3. MILLING S.Y. 0.00 $ 4.25 $ - 4. JOINT MILLING S.Y. 270.10 $ 6.25 $ 1,688.13 5. PAVEMENT REPAIR S.Y. 214.10 $ 30.00 $ 6,423.00 6. ADJUST MANHOLE EA. 0.00 $ 200.00 $ - 7. ADJUST VALVE GUARD EA. 0.00 $ 20.00 $ - 8. CURB REPAIR L.F. 81.00 $ 23.00 $ 1,863.00 $ 21,977.10 $ 27,475.83 15. RED BUD CIRCLE--WESTFIELD DRIVE CIRCLING BACK TO WESTFIELD DRIVE 1. ASPHALTIC CONCRETE TONS 482.80 $ 39.00 $ 18,829.20 2. LIQUID ASPHALT GAL. 250.00 $ 1.50 $ 375.00 3. MILLING S.Y. 298.20 $ 4.25 $ 1,267.35 4. JOINT MILLING S.Y. 42.60 $ 6.25 $ 266.25 5. PAVEMENT REPAIR S.Y. 0.00 $ 30.00 $ - 6. CURB REPAIR LF. 19.10 $ 23.00 $ 439.30 7. ADJUST MANHOLE EA. 4.00 $ 200.00 $ 800.00 $ 21,977.10 16. SPANISH STREET --PARK DRIVE TO MILL STREET 1. ASPHALTIC CONCRETE TONS 289.80 $ 39.00 $ 11,302.20 2. LIQUID ASPHALT GAL. 200.00 $ 1.50 $ 300.00 4. JOINT MILLING S.Y. 13.60 $ 6.25 $ 85.00 5. PAVEMENT REPAIR S.Y. 292.30 $ 30.00 $ 8,769.00 7. ADJUST MANHOLE EA. 9.00 $ 200.00 $ 1,800.00 8. ADJUST VALVE GUARD EA. 1.00 $ 20.00 $ 20.00 9. CLEAN & REPAIR INLETS EA. 4.00 $ 650.00 $ 2,600.00 $ 24,876.20 17. MIDDLE STREET --OLIVE STREET TO EMERALD STREET 1. ASPHALTIC CONCRETE TONS 322.60 $ 39.00 $ 12,581.40 2. LIQUID ASPHALT GAL. 200.00 $ 1.50 $ 300.00 3. JOINT MILLING S.Y. 96.00 $ 6.25 $ 600.00 4. PAVEMENT REPAIR S.Y. 0.00 $ 30.00 $ - 5. ADJUST MANHOLE EA. 1.00 $ 200.00 $ 200.00 $ 6,674.73 $ 13,681.40 18. SPANISH STREET --SOUTH OF JOHNSON STREET 1. ASPHALTIC CONCRETE TONS 72.80 $ 39.00 $ 2,839.20 2. LIQUID ASPHALT GAL. 40.00 $ 1.50 $ 60.00 3. GRADING S.Y. 117.00 $ 10.00 $ 1,170.00 LIQUID ASPHALT GAL. 100.00 $ $ 4,069.20 19. MISSOURI STREET --WILLIAM STREET TO GOOD HOPE STREET 1. ASPHALTIC CONCRETE TONS 128.20 $ 39.00 $ 4,999.80 2. LIQUID ASPHALT GAL. 100.00 $ 1.50 $ 150.00 3. JOINT MILLING S.Y. 101.80 $ 6.25 $ 636.25 4. MILLING S.Y. 209.10 $ 4.25 $ 888.68 $ 6,674.73 20. LORIMIER STREET 1. HANDICAP STALLS EA. 1.00 49.50 $ 49.50 21. PACIFIC STREET --AT BROADWAY INTERSECTION 1.ADJUST MANHOLE I EA. I 1.001s 200.00 1 $ 200.00 TOTAL $ 614,562.85 Justification These quantities were needed in addition to the estimated quantities in the contract at various locations within the project limits. Change to Contract Price Original contract price: $497,132.50 Current contract price due to this change order will be increased by: $117,430.35 The new contract price due to this change order will be: $614,562.85 CONTRACT TIME No change to contract time. Approval 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 of the Contract. Recommended by D.C. Crowell/Project Manager Date ( — 2Z o Z- Approved/by r Date Mar City Engineer Approvedby DateZ- ich G. Miller, City Manager Accepted by L -� _ � � , Date ���� APEX Paving Co.,lnc.