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HomeMy WebLinkAboutRES.1881.04-21-2003BILL NO. 03-61 RESOLUTION NO. i AN RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY FOR THE 2003 STREET OVERLAY AND ASPHALT PROGRAM IN THE CITY OF CAPE GIRARDEAU, MISSOURI NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 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 2003 Street Overlay and Asphalt Program, in the City of Cape Girardeau. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �_ DAY OF 20 -, 4ayB.Knudtson, Mayor ATTEST: 7 Gayle . Conrad, City Clerk CITY OF CAPE GIRARDEAU 2003 STREET OVERLAY and ASPHALT PROGRAM 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 C(_ =; by and between the City of Cape Girardeau, Missouri (h&eina, er called 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 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 overlay with two inches (2") of hot mix asphaltic concrete including pavement repair, crack sealing, repairing curb and gutter, repairing sidewalks, adjusting manholes, striping and other necessary work as required. Included also are sections of pavement with four (4") inches of hot mix concrete as indicated on the following streets: Marsha Kay Drive from Kingshighway to Cape Rock Drive for a length of 655 feet and a width of 26 feet; Whitelaw Avenue from Broadway to Woodlawn Avenue for a length of 501 feet and a width of 29 feet; Pemiscot Street from Missouri Avenue to Perry Avenue for a length of 329 feet and a width of 36 feet; Frederick Street from North Street to Washington Avenue for a length of 649 feet and a width of 30 feet; Whitner Street from West End Boulevard to Louisiana Avenue for a length of 625 feet and a width of 28 feet; Themis Street from West End Boulevard to Louisiana Avenue for a length of 625 feet and a width of 30 feet; Harmony Street from West End Boulevard to Henderson Avenue for a length of 1307 feet and a width of 14 feet; Luce Street from West End Boulevard to Louisiana Avenue for a length of 608 feet and a width of 30 feet; West End Boulevard from Shawnee Parkway to Southern Expressway for a length of 3981 feet and a width of 26 feet; Henderson Avenue from Jefferson Avenue to College Street for a length of 602 feet and a width of 30 feet; Jefferson Avenue from Benton Street to West End Boulevard for a length of 1,339 and a width of 36 feet; Giboney Avenue from Elm A-1 Street to Sprigg Street for a length of 2,778 feet and a width of 22 feet; Pacific Street from Normal Avenue to Cheney Drive for a length of 450 feet and a width of 27 feet; Benton Street from Maple Street to End for a length of 241 feet and a width of 20 feet; Niemann Drive from Perryville Road to Clark Avenue for a length of 1,340 and a width of 30 feet; James Court from Niemann Drive to End for a length of 244 feet and a width of 18 feet; Martin Court from Niemann Drive to End for a length of 221 feet and a width of 18 feet; West Rodney Drive from East Rodney Drive to Hopper Road for a length of 2,559 feet and a width of 20 feet; Perry Avenue from Perryville Road to Alley for a length of 300 feet and a width of 24 feet; Perry Avenue from Wayne Street to End for a length of 600 feet and a width of 24 feet; John E. Goodwin, Jr. Memorial Drive from Airport Road to Airport Access Road for a length of 1,127 feet and a width of 20 feet; Alley Section from Fifth Street to Johnson Street between Water Street and Main Street for a length of 754 feet and a width of 14 feet (4 inch Asphalt); Alley Section from New Madrid Street to Mississippi Street between West End Boulevard and Illinois Avenue for a length of 482 feet and a width of 12 feet (4 inch Asphalt); Hanover Street from Good Hope Street to Bloomfield Street for a length of 352 feet and a width of 26 feet; Good Hope Street from Benton Street to Hanover Street for a length of 356 feet and a width of 26 feet; Gordonville Road from Mt. Auburn Road to St. Francis Drive for a length of 659 and a width of 25 feet; Driveway at 43 South Lorimier, ditch and pipe work for the City of Cape Girardeau, Missouri. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within seventy-five ( 75 ) 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 ninety ( 90 ) 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 $ 200.00 for each OVA 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 fifty dollars $ 150.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 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: Four hundred seventy-five thousand sixty-one dollars and ten cents ($ 475,061.10) 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. /_E93 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. 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-8 inclusive). A-5 8.2 Exhibits to this Agreement (pages BF -1 to BF -7 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title 2003 Street Overlay/Asphalt Program . 8.8 Drawings. 8.9 Addenda numbers to , inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -7 , 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 that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-7 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 l , 20Z' 7 (which is the Effective Date of the Agreement).- OWNER City of Cape Girardeau CONTRACTOR Apex Paving Company Michael -G. Mill6r. Citv Manaqer go ORPORATE SEAL] Attest r % '1.c �r � ".'� J( G iT y d t-IF52K 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. Tracy Loyd, Corporate Controller [CORPORATE SEAL] Attest �� 1 Karlla J. Ptevallet, Asst. Secretary Address for giving notices 700 Woods Lane Sikeston, MO 63801 License No. MIN Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT A CITY OF CAPE GIRARDEAU 2003 STREET OVERLAY and ASPHALT PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of the overlay with two inches (2") of hot mix asphaltic concrete including pavement repair, crack sealing, repairing curb and gutter, repairing sidewalks, adjusting manholes, striping and other necessary work as required. Included also are sections of pavement with four (4") inches of hot mix concrete as indicated on the following streets: Marsha Kay Drive from Kingshighway to Cape Rock Drive for a length of 655 feet and a width of 26 feet; Whitelaw Avenue from Broadway to Woodlawn Avenue for a length of 501 feet and a width of 29 feet; Pemiscot Street from Missouri Avenue to Perry Avenue for a length of 329 feet and a width of 36 feet; Frederick Street from North Street to Washington Avenue for a length of 649 feet and a width of 30 feet; Whitner Street from West End Boulevard to Louisiana Avenue for a length of 625 feet and a width of 28 feet; Themis Street from West End Boulevard to Louisiana Avenue for a length of 625 feet and a width of 30 feet; Harmony Street from West End Boulevard to Henderson Avenue for a length of 1307 feet and a width of 14 feet; Luce Street from West End Boulevard to Louisiana Avenue for a length of 608 feet and a width of 30 feet; West End Boulevard from Shawnee Parkway to Southern Expressway for a length of 3981 feet and a width of 26 feet; Henderson Avenue from Jefferson Avenue to College Street for a length of 602 feet and a width of 30 feet; Jefferson Avenue from Benton Street to West End Boulevard for a length of 1,339 and a width of 36 feet; Giboney Avenue from Elm Street to Sprigg Street for a length of 2,778 feet and a width of 22 feet; Pacific Street from Normal Avenue to Cheney Drive for a length of 450 feet and a width of 27 feet; Benton Street from Maple Street to End for a length of 241 feet and a width of 20 feet; Niemann Drive from Perryville Road to Clark Avenue for a length of 1,340 and a width of 30 feet; James Court from Niemann Drive to End for a length of 244 feet and a width of 18 feet; Martin Court from Niemann Drive to End for a length of 221 feet and a width of 18 feet; West Rodney Drive from East Rodney Drive to Hopper Road for a length of 2,559 feet and a width of 20 feet; Perry Avenue from Perryville Road to Alley for a length of 300 feet and a width of 24 feet; Perry Avenue from Wayne Street to End for a length of 600 feet and a width of 24 feet; John E. Goodwin, Jr. Memorial Drive from Airport Road to Airport Access Road for a length of 1,127 feet and a width of 20 feet; Alley Section from Fifth Street to Johnson Street between Water Street and Main Street for a BF -1 length of 754 feet and a width of 14 feet (4 inch Asphalt); Alley Section from New Madrid Street to Mississippi Street between West End Boulevard and Illinois Avenue for a length of 482 feet and a width of 12 feet (4 inch Asphalt); Hanover Street from Good Hope Street to Bloomfield Street for a length of 352 feet and a width of 26 feet; Good Hope Street from Benton Street to Hanover Street for a length of 356 feet and a width of 26 feet; Gordonville Road from Mt. Auburn Road to St. Francis Drive for a length of 659 and a width of 25 feet; Driveway at 43 South Lorimier, ditch and pipe work for the City of Cape Girardeau, Missouri. 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; (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. BF -2 (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 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 BF -3 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 QTY. PRICE 7,265 $ 39, 0-0 411 TOTALS FOR 2003 OVERLAY 1. ASPHALTIC CONCRETE TONS $ 2,,02 OVERLAY $ O, i 2. ASPHALTIC CONCRETE 4" TONS 3. LIQUID ASPHALT GAL 4. MILLING S.Y. 5. PAVEMENT REPAIR S.Y. 6. CURB AND GUTTER REPAIR L.F. 7. SIDEWALK REPAIR S.Y. 8. 6" DRIVEWAY/ALLEY S.Y. $ /0,00 REPAIR ?S -D,00 9. ADJUST MANHOLES EA. 10. ADJUST VALVE GUARD EA. 11. SIDEWALK RAMPS - FULL EA. 12. STRIPING - DOUBLE L..F. YELLOW 13. STRIPING - STOP BARS L.F. 14. STRIPING - WHITE EDGE L.F. 15. CENTERLINE REFLECTORS EA. 16. GRADING S.Y. 17. 2" PIPE & DRAIN L.S. 7,265 $ 39, 0-0 411 $ S-0- 6,931 $ /. 00 4,609 $ 2,,02 1,179 $ O, i 2,155 $ a3.00 468 $ a i , 166 $ 3 9 1_ 22 $ 10 $ . �C 5 $ a0 , 9,944 $ . `i D 560 $ 8,380 $ • 02� 120 $ a 5-0 55 $ /0,00 1$ ?S -D,00 TOTAL EST. PRICE $ �83�335 CD $ $ $ L4�, 1 6�0,0C $ 6, Sag ty $ 3� 3 vo, 00 $ aoo s -12-6—w"00 $ 77. $ 1, /a0 . CY0 $ 06, $ X00.00 $ 5.50 , 00 a, 7,5Z n7 TOTAL BID FOR ALL UNIT PRICES .......... $ qq5) O(p I I� aftd JL A L&Ak (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 seventy-five (75 ) 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 ninety ( 90 ) 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 Apex Paving Company David Jordan Address 700 Woods Lane Sikeston, MO 63801 (a) Performance and Payment Bonding Company Name Liberty Mutual Insurance Company Address 8044 Montgomery Road, Cincinnati, OH 45236 BF -5 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 April 15 , 2003 State Contractor License No. IF BIDDER is: An Individual (Individual's Name) doing business as Business address: Phone No.: A Partnership By (Firm Name) (General Partner) Business address: (SEAL) (SEAL) Phone No.: A Corporation dao `. By Apex Paving Cor tpany P" ` (Corporation Name) Missouri (State of Incorporation); By �. x if Tracy toyd (Name of Person Authorized to Sign) Corporate Controller (Title) (Corporate Seal) Attest Karla J. Preaffef. Secretary) Business address: 200 Womg Tam Sikeston MO 63801 Phone No.: 573-4712483 Date of Qualification to do business is A Joint Venture By (Name) (Address) (Name) (Address) Phone Number and Address for receipt of official communications: 700 Woods Lane Sikeston, MO 63801 573-471-2483 (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 -7 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 orlegal title ofSurety) 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 (Here insert full name and address or legal title of owner) City of Cape Girardeau 401 Independence St. Cape Girardeau, MO 63703 as Obligee, hereinafter called the Obligee, in the sum of 5% of total Bid Dollars ($ 5% of total bJ,d for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2003 Street Overlay and Asphalt Program City of 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 fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and voi(�;otherwise,,, to remain in full force and effect I Signed and sealed this 15th day of April 2003 Apex Paving Company ✓ (Principal) _ (Witness) Karla J. Prevallet racy Lo Tite Cor porat ,,f • n ,�s ler ';;e4e: Mutual Insurance Company'„. i 0 o urety (Witness) y�rr.aPUic�, �e ilii S (Title) kaneyriA Vaot 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 Document A910, February 1970 Edition. WC0054. State of Missouri County of St. Louis On this 15th day of April 2003before me, Pa cia S. Griser, a Notary Public in and for the said County of St. Louis, State of Missouri, residing therein, duly commissioned and sworn, personally Jeannette Davis appearedI imown to me to be the Attomey-in-Fact of the Liberty Mutual Insurance Company the corporation that executed the w i—tten instrument. PATRICIA S. GRISER MaWy Pub0c - notary Seal STATE OF MISSOURI St UXAS County My GcrtYtAssfon Expires May a. 2008 f Notary Public in and for th County of St. Louis, State of Missouri. My Commission Expires 5/4/06 OWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1177976 ower of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to ent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance iy, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint NETTS DAVIS, KENNETH W. BURNHAM, ALL OF THE CITY OF ST. LOUIS, STATE OF MISSOURI ......................... ...................................................................................................................................................................................... ndividually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding MILLION AND 00/100******************** DOLLARS ($ 50,000,000.00***** ) each, and the on of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the ny as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. is power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer 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 Company to make, i 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 instruments shall be c s as binding as if signed by the president and attested by the secretary. ; following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, 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. a By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. NESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 4th day of March )3 LIBERTY MUTUAL INSURANCE COMPANY :'�>IBy Garnet W. Elliott, Assistant Secretary ONWEALTH OF PENNSYLVANIA ss FY OF MONTGOMERY 4th day of March , 2003 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. TIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ,ve written. rhottW <Ir O Notar Terumo Pass. M xry y co: OF Pymouth Twp.: o^tgtgcrrety Ca:;nP, By My Commsman Expires Vr av M 2005 J �PT;;�,,FAQ;,�yi�,��,�r�s,c;at,r.:rvo�:�; Ter sa Pastella, Notary Public 4` -YIN G =KATE Ary �Zv Tdersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the wer of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article ction 5 of the By-laws of Liberty Mutual Insurance Company. rtificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the g 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 companyj'n coo"ection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed.��ri' , f .n.�.r. 15th TIIM�QNY WHEREOF Iiffg hereunto subscribed my name' i,a S.1g "trte`e�2rpor4te seal of the said company, this day of 11 U SS J-- ✓ �' :. .c vDavid M. Carey, ASsLet6nt Secretary i �c vF yL C. L ! � t QC o° L i dr O. a� C O A` >J OC C EC �►- C C 0 UT Loi r T NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2/03 Willis Bond No. 14021289/2RF869767 2 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 OWNER (Name and Address): Cincinnati, OH 45236 City of Cape Girardeau P O Box 617 Cape Girardeau, MO 63702 CONSTRUCTION CONTRACT Date: ? 13 l 'Ze)n 3 Amount: 475, 061.10 Description (Name and Location): City of Cape Girardeau 2003 Street Overlay and Asphalt Program BOND Date (Not earlier than Construction Contract Date): �) Amount: $475,061.10 Modifications to this Bond: None ® See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Apex Paving Company Liberty%Mut al Insurance Company Signature: Signature._ . Name and Title:Tracy Loy , Corporate ControllEhOame and Titl. Jeannette Da'v s / 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 Center St. Louis, MO 63105 (314) 854-0252 Printed in cooperation with The American Institute of kichitects (AIA) by Willis. Wfiis. vouches that the language in the document conforms exactly to the language used in AIA Document A312, December, 1984 Edition. Third Printing March 1987 WC1852A I The 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 after all proper adjustments have been made, including allowance to the Contractor of MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Add Co -Surety Fidelity and Deposit Company of Maryland 1 Upper Pond Rd., Building E/F Parsippany, NJ 07054 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. 12.40wner 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: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Fidelity and Deposit Company of Maryland Signatur Name and Title: eannette Davis Address: �ttorney-in-Fact 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 Bond No. 14021289/PRF8697672 Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other parry 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 P O Box 617 Cape Girardeau, MO 63702 SURETY (Name and Principal Place of Business): Liberty Mutual Insurance Company 8044 Montgomery Road Suite 626W Cincinnati, OH 45236 CONSTRUCTION CONTRACT Date: y 1) '-w C) 3 Amount: $475,061.10 Description (Name and Location): City of Cape Girardeau 2003 Street Overlay and Asphalt Program BOND Date (Not earlier than Construction Contract Date): J � Amount: $475,061.10 I 3 Modifications to this Bond: E] None © See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Apex Paving Company LibertyMu ua Insurance Company Signature: Signature: (/ Name and Title: Tracy Loyd, orporate ControllN me and Title,A Jeannette Davi / Attorney -In -Fact (An additional si natures a ear on a e 6) Y g I'll p g (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: Willis of Missouri, Inc. 120 South Central Avenue Suite 600 Clayton Center St. Louis, MO 63105 (314) 854-0252 OWNER'S (EPRESENTATIVE (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 W018538 I 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: .1 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 satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the 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 5 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: Add Co -Surety Fidelity and Deposit Company of Maryland 1 Upper Pond Rd., Building E/F Parsippany, NJ 07054 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: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Fidelity and Deposit Company of Maryland Signature: Name and Title:' annezte uavis Address: Attorney -in -Fact 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 WC1853D 6 State of Missouri County of St. Louis On this 1Z N day ofpD before me, Patricia S. Crriser, a Notary Public in and for the said County of St. Louis, State of Missouri, residing therein, duly commissioned and sworn, personally Jeannette Davis appeared instrument. known to me to be the Attorney -in -Fact of Liberty Mutual Insurance Company and Fidelity and Deposit Company of Maryland the corporation that executed the written PATMA S. GRSER STATE OF NNSSOUAI St. Lows County Mit Ow a*Won Expns May i. 2W Notary Public in and for the County of St. Louis, State of Missouri. My Commission Expires on May 4, 2006. EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, 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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this i t day of cpQ� Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Stephen W. PARKAS, Jeannette M. DAVIS, Renee A. FOLK RTS and Kenneth W. BURNHAM, all of St. Louis, Missouri, EACH its true and lawful agent and Att-in-Factgake, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and a ds and takings and the execution of such bonds or undertakings in pursuance of these presents, shall be ing upo Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ac ged by ularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. ower o ey revokes that issued on behalf of Gerald J. LUX, Robert A. MILLER, David B. ARVOLA, Rico . DECO , Jeannette M. DAVIS, and John M. PALMER, dated April 4, 2000. n The said Assistant Secretary does hereby c khat the e ct"set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Compan now in fq= IN WITNESS WHEREOF, the sai%e-Presid �d Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the paid- FIDELI �,�.`ND DEPOSIT COMPANY OF MARYLAND, this 19th day of September, A.D. 2002. ATTEST: O� FIDELITY AND DEPOSIT COMPANY OF MARYLAND s By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland County of Baltimore ss: On this 19th day of September, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. rrPL" POA -F 079-0982 Carol J. Fader Notary Public My Commission Expires: August 1, 2004 TWS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1178091 This Power of Attorney limits the acts 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 stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint JEANNETTE DAVIS, KENNETH W. BURNHAM, 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 undertakings, bonds, recognizances and other surety obligations, 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 the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer 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 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 instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, 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. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 4th day of March 2003 LIBERTY MUTUAL INSURANCE COMPANY y� rup> Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 4th day of March 2003 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH , unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Notanal Sea; Teraa asto, Notary , OF P:ymtiuftTwp., Mo tgornary Co County By L My 22 ...... mon E_.res hfar. 28 2(}116:... amber, ae r;,ylvan,aA«nclnrlon Ter sa Pastella, Notary Public YL4 C� CERTIFICATE �'W I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures 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 in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TFESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this ill day of By Z42 �'4 x'' David M. Carey, Assigtg@ Secretary NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2/03 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 APEX PAVING COMPANY 700 WOODS LANE Name and Liberty SIKESTON, MISSOURI 63801 4— address of MutualTM 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 LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS Liberty Mutual Group 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 30 DAY,%otice of such termination or reduction has been mailed to: 32� Q C13ZT1FIC4TE CITY OF CAPE GIRARDEAU A-2 'I((Aa ry A. Ta ylord HOLDER P O BOX 617 AUTHORIZED REPRESENTATIVE . , CAPE GIRARDEAU, MISSOURI 63702-0617 1 East Hanover, NJ (973) 887-7400 5/06/2003 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 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY COMPENSATION LAW OF THE FOLLOWING STATES: Bodily Injury By Accident 4/1/2004 WC2-631-004090-593 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 $ 2,000,000 ® OCCURRENCE 4/1/2004 RG2-631-004090-603 Products/Completed Operations Aggregate $ 2,000,000 ❑ 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 N OWNED 4/1/2004 AS2-631-004090-613 Each Accident or Occurrence ❑X NON -OWNED © HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS RE: ASPHALT PAVING WORK ON THE 2003 STREET OVERLAY & ASPHALT PROGRAM PROJECT IN CAPE GIRARDEAU, MISSOURI. THE CITY OF CAPE GIRARDEAU IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY POLICY. . 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 LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS Liberty Mutual Group 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 30 DAY,%otice of such termination or reduction has been mailed to: 32� Q C13ZT1FIC4TE CITY OF CAPE GIRARDEAU A-2 'I((Aa ry A. Ta ylord HOLDER P O BOX 617 AUTHORIZED REPRESENTATIVE . , CAPE GIRARDEAU, MISSOURI 63702-0617 1 East Hanover, NJ (973) 887-7400 5/06/2003 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 FName and Liberty CITY OF CAPE GIRARDEAU P O BOX 617 address of Insured. Mutual TM =CAPE GIRARDEAU, MO 63702-0617 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 certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of the continuation of coverage. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE Liberty Mutual Group AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: 7 CITY OF CAPE GIRARDEAU CERnFICATE P O BOX 617 HaiER CAPE GIRARDEAU, MO 63702-0617 1 324 A-3 ary A. Taylgf AUTPORIZED REPRESENTATIVE 5/1/2003 (973) 887-7400 East Hanover, NJ DATE ISSUED TELEPHONE OFFICE 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 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 $ ❑ Schedule Occurrence Occurrence Completed $ Aggregate $ Aggregate ❑Products Operations 4/1/2004 TF2-631-004323 Combined Single Limit Contractors ❑Independent 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 OWNED Each Person ❑ NON -OWNED Each Accident or Occurrence ❑ HIRED Each Accident or Occurrence CONTRACTOR: APEX PAVING COMPANY Location(s) of Operations &Job # (If applicable) of Operations: 2003 Street Overlay & Asphalt Program, Cape Girardeau FDescription 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. However, you will not be notified annually of the continuation of coverage. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE Liberty Mutual Group AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: 7 CITY OF CAPE GIRARDEAU CERnFICATE P O BOX 617 HaiER CAPE GIRARDEAU, MO 63702-0617 1 324 A-3 ary A. Taylgf AUTPORIZED REPRESENTATIVE 5/1/2003 (973) 887-7400 East Hanover, NJ DATE ISSUED TELEPHONE OFFICE This certificate is executed by LIBERTY MUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 s 41 CHANGE ORDER # 1 PROJECT TITLE: 2003 STREET OVERLAY and ASPHALT PROGRAM CONTRACT DATE: June 2, 2003 CONTRACTOR: Apex Paving Company The following changes are hereby made to the Contract Documents: Part 1: Changes to contract items Changed from: No. Item 1. Asphaltic Concrete Overlay 2. Asphaltic Concrete 4" 3. Liquid Asphalt 4. Milling 5. Pavement Repair 6. Curb and Gutter Repair 7. Sidewalk Repair 8. 6" Driveway/Alley Repair 9. Adjust Manholes 10. Adjust valve guard 11. Sidewalk Ramps - Full 12. Striping -Double Yellow 13. Striping - Stop Bars 14. Striping - White Edge 15. Centerline Reflectors 16. Grading 17. 2" Pipe and Drain Changed to: No. Item 1. Asphaltic Concrete Overlay 2. Asphaltic Concrete 4" 3. Liquid Asphalt 4. Milling 5. Pavement Repair 6. Curb and Gutter Repair 7. Sidewalk Repair 8. 6" Driveway/Alley Repair 9. Adjust Manholes Unit Qty. Unit Price Price TONS 7,265 $ 39.00 $283,335.00 TONS 411 $ 50.50 $ 20,755.50 GAL 6,931 $ 1.00 $ 6,931.00 S.Y. 4,609 $ 7.00 $ 32,263.00 S.Y. 1,179 $ 40.00 $ 47,160.00 L.F. 2,155 $ 23.00 $ 49,565.00 S.Y. 468 $ 27.50 $ 12,870.00 S.Y. 166 $ 38.00 $ 6,308.00 EA. 22 $ 150.00 $ 3,300.00 EA. 10 $ 20.00 $ 200.00 EA. 5 $ 800.00 $ 4,000.00 L.F. 9,944 $ 0.40 $ 3,977.60 L.F. 560 $ 2.00 $ 1,120.00 L.F. 8,380 $ 0.20 $ 1,676.00 EA. 120 $ 2.50 $ 300.00 S.Y. 55 $ 10.00 $ 550.00 L.S. 1 $ 750.00 $ 750.00 Unit Qty. Unit Price Price TONS 7937.1 $ 39.00 $309,546.90 TONS 401.7 $ 50.50 $ 20,285.85 GAL 6,075.0 $ 1.00 $ 6,075.00 S.Y. 4,739.2 $ 7.00 $ 33,174.40 S.Y. 1,099.3 $ 40.00 $ 43,972.00 L.F. 3,853.0 $ 23.00 $ 88,619.00 S.Y. 1,277.9 $ 27.50 $ 35,142.25 S.Y. 531.9 $ 38.00 $ 20,212.20 EA. 23 $ 150.00 $ 39450.00 V" 10. Adjust valve guard EA. 8 $ 20.00 $ 160.00 11. Sidewalk Ramps — Full EA. 0 $ 800.00 $ 0.00 12. Striping -Double Yellow L.F. 6,108.0 $ 0.40 $ 2,443.20 13. Striping — Stop Bars L.F. 26.8 $ 2.00 $ 53.60 14. Striping — White Edge L.F. 7,492.0 $ 0.20 $ 1,498.40 15. Centerline Reflectors EA. 0 $ 2.50 $ 0.00 Part 2: Additional contract items No. Item Unit Qty. Unit Price Price 18. Sidewalk Ramps — Single EA. 10 $ 650.00 $ 6,500.00 19. Raised Reflective Pavement EA 120 $ 80.00 $ 9,600.00 Markers Snowplowable 20. 3" Mill and Patch L.S. 1 $ 10,944.00 $10,944.00 (Lexington) 21. Crushed Rock TONS 197.8 $ 12.00 $ 2,373.60 Justification The quantity changes are to bring the bid quantities to the actual construction quantities. Single sidewalk ramps, raised reflective pavement markers, and crushed rock were omitted from the bid tab. The 3" Mill and patch work on Lexington was added at the request of Public Works. Change to Contract Price Original contract price: $475,061.10 Current contract price due to previous change orders: $475,061.10 Current contract price due to this change order will be increased by: $118,989.30 The new contract price due to this change order will be: $594,050.U4p Change to Contract Time Original contract time for completion: Substantial 75 calendar days Final 90 calendar days Current contract time due to previous change orders: Substantial 75 calendar days Final 90 calendar days Adjustment to the contract time made by this Change Order. Substantial 89 calendar days Final 104 calendar days 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 to the Contract. Recommended by / (f �F'G('Y1�lk'1,�1, Date g- 29- 03 JiAie Dameron, Project Manager Cc— Date Mark Lester, City Engineer Approved by Date Z"/'U3 Dougl . Leslie, Interim City Manager Accepted by ._ Date Q.x7 -0 3_ Apex Paving Company 10 CHANGE ORDER # 2 PROJECT TITLE: 2003 STREET OVERLAY and ASPHALT PROGRAM CONTRACT DATE: June 2, 2003 CONTRACTOR: Apex Paving Company The following changes are hereby made to the Contract Documents: Part 1: Changes to contract items NONE Part 2: Additional contract items No. Item Unit Qty 22. Paving of Cape Rock Dr. L.S. 1 Which includes 290 feet of Asphalt Curb, 820 feet of double yellow Striping, 237.6 S.Y. of additional patching and 56.6 Tons of additional asphaltic concrete. Justification Unit Price Price $32,379.40 $32,379.40 The additional contract items where needed to pave Cape Rock Drive along the Water Treatment Plant. The existing asphalt in this area was deteriorating due to the heavy equipment from construction of the new plant. Change to Contract Price Original contract price: $475,061.10 Current contract price due to previous change orders: $594.050.40 Current contract price due to this change order will be increased by: $ 32,379.40 r The new contract price due to this change order will be: $626,429.80 Change to Contract Time Original contract time for completion: Substantial 75 calendar days Final 90 calendar days Current contract time due to previous change orders: Substantial 89 calendar days Final 104 calendar days Adjustment to the contract time made by this Change Order. Substantial 103 calendar days Final 118 calendar days 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 to the Contract. Recommended by � Date y -oQ (p- 03 ckie Dameron, Project Manager Date M c Lester, City Engineer Approved by Date Dougla K. Leslie, City Manager Accepted by ,J— Date Apex Paving ompany 11 CHANGE ORDER # 3 & FINAL PROJECT TITLE: 2003 STREET OVERLAY and ASPHALT PROGRAM CONTRACT DATE: June 2, 2003 CONTRACTOR: Apex Paving Company The following changes are hereby made to the Contract Documents: Part 1: Changes to contract items Changed From: No. Item Unit Qty. Unit Price Price 1. Asphaltic Concrete Overlay TONS 7,937.1 $ 39.00 $309,546.90 2. Asphaltic Concrete 4" TONS 401.7 $ 50.50 $ 20,285.85 3. Liquid Asphalt GAL 6,075.0 $ 1.00 $ 6,075.00 4. Milling S.Y. 4,739.2 $ 7.00 $ 33,174.40 5. Pavement Repair S.Y. 1,099.3 $ 40.00 $ 43,972.00 6. Curb and Gutter Repair L.F. 3,853.0 $ 23.00 $ 88,619.00 7. Sidewalk Repair S.Y. 1,277.9 $ 27.50 $ 35,142.25 8. 6" Driveway/Alley Repair S.Y. 531.9 $ 38.00 $ 20,212.20 9. Adjust Manholes EA. 23.0 $ 150.00 $ 3,450.00 10. Adjust valve guard EA. 8.0 $ 20.00 $ 160.00 11. Sidewalk Ramps - Full EA. 0.0 $ 800.00 $ 0.00 12. Striping -Double Yellow L.F. 6,108.0 $ 0.40 $ 2,443.20 13. Striping - Stop Bars L.F. 26.8 $ 2.00 $ 53.60 14. Striping - White Edge L.F. 7,492.0 $ 0.20 $ 1,498.40 15. Centerline Reflectors EA. 0.0 $ 2.50 $ 0.00 16. Grading S.Y. 55.0 $ 10.00 $ 550.00 17. 2" Pipe and Drain L.S. 1.0 $ 750.00 $ 750.00 18. Sidewalk Ramps - Single EA. 10.0 $ 650.00 $ 6,500.00 19. Raised Reflective Pavement EA 120.0 $ 80.00 $ 9,600.00 Markers Snowplowable 20. 3" Mill and Patch L.S. 1.0 $ 10,944.00 $ 10,944.00 (Lexington) 21. Crushed Rock TONS 197.8 $ 12.00 $ 2,373.60 22. Paving of Cape Rock Dr. L.S. 1.0 $ 32,379.40 $ 32,379.40 Which includes 290 feet of Asphalt Curb, 820 feet of double yellow Striping, 237.6 S.Y. of additional patching and 56.6 Tons of additional asphaltic concrete. I l Changed To: No. Item Unit Qty. Unit Price Price 1. Asphaltic Concrete Overlay TONS 8,118.4 $ 39.00 $316,617.60 2. Asphaltic Concrete 4" TONS 401.7 $ 50.50 $ 20,285.85 3. Liquid Asphalt GAL 6,125.0 $ 1.00 $ 6,125.00 4. Milling S.Y. 4,739.2 $ 7.00 $ 33,174.40 5. Pavement Repair S.Y. 1,336.9 $ 40.00 $ 53,476.00 6. Curb and Gutter Repair L.F. 3,831.4 $ 23.00 $ 88,122.20 7. Sidewalk Repair S.Y. 1,308.3 $ 27.50 $ 35,978.25 8. 6" Driveway/Alley Repair S.Y. 531.9 $ 38.00 $ 20,212.20 9. Adjust Manholes EA. 31.0 $ 150.00 $ 4,650.00 10. Adjust valve guard EA. 11.0 $ 20.00 $ 220.00 11. Sidewalk Ramps - Full EA. 0.0 $ 800.00 $ 0.00 12. Striping -Double Yellow L.F. 7,461.0 $ 0.40 $ 2,984.40 13. Striping - Stop Bars L.F. 52.8 $ 2.00 $ 105.60 14. Striping - White Edge L.F. 7,492.0 $ 0.20 $ 1,498.40 15. Centerline Reflectors EA. 0.0 $ 2.50 $ 0.00 16. Grading S.Y. 55.0 $ 10.00 $ 550.00 17. 2" Pipe and Drain L.S. 1.0 $ 750.00 $ 750.00 18. Sidewalk Ramps - Single EA. 10.0 $ 650.00 $ 6,500.00 21. Raised Reflective Pavement EA 108.0 $ 80.00 $ 8,640.00 Markers Snowplowable 22. 3" Mill and Patch L.S. 1.0 $10,944.00 $ 10,944.00 (Lexington) 21. Crushed Rock TONS 288.1 $ 12.00 $ 3,457.20 22. Paving of Cape Rock Dr. L.S. 1.0 $32,379.40 $ 32,379.40 Which includes 290 feet of Asphalt Curb, 820 feet of double yellow Striping, 237.6 S.Y. of additional patching and 56.6 Tons of additional asphaltic concrete Part 2: Additional contract items No. Item Unit Qty. Unit Price Price 23. Asphalt Curb L.F. 237.0 $ 10.00 $ 2,370.00 24. Paving Cape Rock Bridge S.Y. 90.2 $ 30.00 $ 2,706.00 25. Wash out - Perry & L.S. 1.0 $ 650.00 $ 650.00 Mississippi 26. Additional Striping L.S. 1.0 $ 500.00 $ 500.00 Justification This change order brings the bid quantities up to actual quantities. Some of the quantities were adjusted in Change Order #1 to allow payment to the contractor. The additional contract items where needed to smooth the bump on Cape Rock Bridge, fix some storm water runoff problems that resulted from the paving, and to correct a couple of complaints from previous overlay programs. Change to Contract Price Original contract price: $475,061.10 Current contract price due to previous change orders: $626,429.80 Current contract price due to this change order will be increased by: $ 26,466.70 The new contract price due to this change order will be: $652,896.50 Change to Contract Time Original contract time for completion: Substantial 75 calendar days Final 90 calendar days Current contract time due to previous change orders: Substantial 103 calendar days Final 118 calendar days Approval Required: To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project, or may otherwise be required under the terms of the Supplementary General Conditions to the Contract. Recommended by L2U4k, Date J kie Dameron, Project Manager Mar ester, Cify Engineer 11-03-03 Date //' " S - Q:!) Approved by �;IIIU � a�� Date Douglas . Leslie, City Manager Accepted by � Date .7� Apex Paving Company J# CHANGE ORDER # 3A & FINAL (Correction to CHANGE ORDER # 3 & FINAL) PROJECT TITLE: 2003 STREET OVERLAY and ASPHALT PROGRAM CONTRACT DATE: June 2, 2003 CONTRACTOR: Apex Paving Company The following changes are hereby made to the Contract Documents: Part 1: Changes to contract items. A. An error was made on Change Order # 1 that was carried through on Change Order # 2 and Change Order # 3 & FINAL. Change Order # 1, Part 1, listed contract items numbers 1 through 17 changed from to contract items numbers 1 through 15 changed to which in effect deleted Item 16, (grading-$ 550.00) and Item 17, (2" pipe and drain-$ 750.00). This was not the intent as the contractor did indeed perform the work in these two items. Change Order # 3 & FINAL would have corrected this had the Change From section not listed Items 16 and 17 and then put Item 16 and 17 back in the Changed To section. Putting the items in both did not result in a $ 1,300.00 increase when checking the individual items. However, in the Change to Contract Price section of Change Order # 3 & FINAL, the "current contract price due to this change order will be increased by:" does include the $ 1,300.00 as part of the increase. Therefore, the final contract price of $ 652,896.50 shown is the accurate final cost for all contract items completed for this project. B. Change Order # 3 & FINAL erroneously numbered two items in the Changed To section; there are two Items 21. and 22. Raised Reflective Pavement Markers Snowplowable should have been number 19. and 3" Mill and Patch (Lexington) should have been number 20. Justification This change order corrects errors on earlier Change Orders as described above for clarification purposes. The final price of $ 652,896.50 as shown on Change Order # 3 & FINAL is an accurate final amount for the construction costs for this project. Change Order # 3A & FINAL 2003 STREET OVERLAY and ASPHALT PROGRAM Page Two Change to Contract Price Original contract price: $475,061.10 Current contract price due to previous change orders: $652,896.50 Current contract price due to this change order will not be changed: $ 0.00 The new contract price due to this change order remains as given on Change Order # 3 & FINAL: $652,896.50 Change to Contract Time There was no change to the contract time in this Change Order # 3A. Current contract time due to previous change orders stays as indicated below: Substantial 103 calendar days Final 118 calendar days 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 to the Contract. Recommended byus JDAti� Date 6�-15-0 i4gkie Dameron, Project Manager Date f- Z - �f) -4 ID �- Mark ester, City Engineer Approved by Date -ZI fs Go Dougla Leslie, City Manager Accepted by Date Apex Paving C6�npany