HomeMy WebLinkAboutRes.2743.03-04-2013BILL NO. 13-32 RESOLUTION NO. c�) 7 4/3
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE 'AN AGREEMENT WITH MIDWEST ENVIRONMENTAL
STUDIES FOR THE ASBESTOS REMEDIATION OF THE
BUILDING AT 100 BROADWAY, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Midwest Environmental Studies for the Asbestos
Remediation of the building at 100 Broadway, formerly known as
the Convention & Visitors Bureau, in the City of Cape Girardeau,
Missouri. A copy of said Agreement is attached to this
Resolution and made a part hereof.
�
PASSED AND ADOPTED THIS / DAY OF amu` 2013.
Harry E.' Retdiger, Mayor
CITY OF CAPE GIRARDEAU
ASBESTOS REMEDIATION
AT
100 BROADWAY
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
2013 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and Midwest Environmental Studies (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...
Removal of asbestos and all other appurtenances from the building located
at 100 Broadway, 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 Theworkwill be substantially completed within thirty30 calendardaysafterthedate
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 forty-five (45) 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
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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 Four hundred seventy-five $475.00 foreach
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 Four hundredsevenh
five $475.00 for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
Rii151IC-Wdd.iirTITAaa0w:�
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
For all Work other than Unit Price Work, a lump sum of:
Nineteen thousand eight hundred seventy-two dollars and zero cents ($ 19,872.00 )
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions.
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.
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90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the characterand
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
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or relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. 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 fumishing 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 _ to _ inclusive).
8.2 Exhibits to this Agreement (pages BF- to BF- , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of
pages.
8.4 Notice to Proceed.
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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 Asbestos Remediation at 100 Broadway.
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF -7 , inclusive) marked exhibit A
8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and
participation in a federal work authorization program with respect to the employees
proposed to work in connection with the services requested herein by 1) submitting a
completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing
documentation affirming the bidder's enrollment and participation in a federal work
authorization program with respect to the employees proposed to work in connection with
the services requested herein.
8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
inclusive).
8.13 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
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 parry
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
FAIN
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or
subcontractors doing work on this project to provide, and require its on-site employees to
complete, a ten (10) hour course in construction safety and health approved by the
Occupational Safety and Health Administration ("OSHA") or similar program approved by
the Missouri Department of Labor and Industrial Relations which is at least as stringent as
an approved OSHA program. The training must be completed within sixty (60) days of the
date work on the project commences. On-site employees found on the worksite without
documentation of the required training shall have twenty (20) days to produce such
documentation.
9.6 The General Contractor shall provide to the City of Cape Girardeau Development
Services Office weekly certified payrolls from the General Contractor and all
Subcontractors during the course of the project. These must be provided on a weekly
basis; if no work was done, then a payroll stating "No Work Done" must be submitted.
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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
Effective Date of the Agreement).
OWNER City of Cape Girardeau
Scott McVer, City Manager
20_ (which is the
CONTRACTOR Midwest Environmental Studies
By: By: _
[CORPORATE SEAL]
Attest Attest
Address forgiving notices
401 Independence Street
Cape Girardeau, MO 63703
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.
[CORPORATE SEAL]
Address for giving notices
PO Box 737
Cape Girardeau MO 63702
License No.
Agent for service of process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
EXHIBIT A
CITY OF CAPE GIRARDEAU
:ASBESTOS REMEDIATION
AT
100 BROADWAY
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The improvement consists of
Removal of asbestos and all other appurtenances from the building located at 100
Broadway, Cape Girardeau, Missouri, 63701
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 sixty days after the day of Bid
opening. BIDDER. will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitfing this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following:
Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date)2013
BF -1
(b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER is registered with the Missouri Secretary of State, and is on the Missouri
Department of Natural Resources approved list of Asbestos Contractors List.
(e) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. BIDDER acknowledges that such
reports and drawingsare 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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
BF -2
i1�Gt5 �wv1✓arv/Zc�1a t T'o�
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
has not sought by collusion to obtain for itself any advantage aver any other Bidder or over
OWNER.
Q) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in
a federal work authorization program with respect to the employees proposed to work in
connection with the services requested herein by
• submitting a completed, notarized copy of AFFIDAVIT OF WORK
AUTHORIZATION and
• providing documentation affirming the bidders enrollment and participation in a
federal work authorization program with respect to the employees proposed to work
in connection with the services requested herein.
• htlo://www.uscis.00y/portal/site/uscis
(k) Bidders are informed that the Project is subject to the requirements of Section
292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the
Project to provide, and require its on-site employees to complete, a ten (10) hour course in
construction safety and health approved by the Occupational Safety and Health
Administration COSHA") or similar program approved by the Missouri Department of Labor
and Industrial Relations which is at least as stringent as an approved OSHA program. The
training must be completed within sixty (60) days of the date work on the Project
commences. On-site employees found on the 'worksite without documentation of the
required training shall have twenty (20) days to produce such documentation.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
LUMP SUM BID
A. Base Proposal:
BIDDER agrees to perform all of the Work necessary to complete the Project as
described in the Project Manual for the sum of.
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern.
BIDDER acknowledges that quantities are not guaranteed and final paymentwill be based
on actual quantities determined as provided in the Contract Documents.
BF -3
5. BIDDER agrees that the Work will be substantially complete within thirty 30 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 .forty-five (45) 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:
G� (a) Required Bid Security in the form of bid bond or cashiers check.
fK (b) Exhibit Affidavit of Work Authorization
(c) The E -Verify Program for Unemployment Verification Memorandum of
Understanding h4p:/A& vw.uscis.ctov/files/nativedocuments/MOU odf
dy! (d) Exhibit Affidavit of OSHA Training
(e) Certification Regarding Debarment, Suspension and Other Responsibility Matters
(f) EPA AHERA Certificate
7. Bidder agrees to submit the following documents within three (3) business days after
the opening of Bids if requested:
(a) BIDDER'S Qualification Statement with supporting data_
8. Communications concerning this Bid shall be addressed to:
Name T„n fe�•l�5
Address P,9 /io�r 737 �Goe f9�[�G✓A�GV ffo G370z
(a) Performance and Payment Bonding Company
Name (T vuv e -il' R F i nlc
Address / Ido ' I be nv oxi tz I§ 6f:,u 73/3 cf
AgentlPower of Attorney Name (if used)
Address
MW
9. Terms used in the Bid which are defined in the General conditions or Instructions will
have the meanings indicated in the General Conditions or Instructions.
SUBMITTED on Z.1 2-6, , 20L2.
State Contractor License No. 13-o6 - o Z *g
IF BIDDER is:
An Individual
BY— / k�l ,s (SEAL)
(Individual's Name) q
doing business as M, ;k -S �- C'N✓/YONH -,4- l SNQ%es
Business address: P o %jor 73 7
69_9 G/✓O{��/POU /io 637aZ
Phone No.: .573 - 2 76P -HOZ q
A Partnership
BY (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
BY (SEAL)
(Corporation Name)
(State of Incorporation)
BY (SEAL)
(Name of Person Authorized to Sign)
(Title)
(Corporate Seal
(Secretary)
AM
Business address:
Phone No.:
Date of Qualification to do business is
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
L -II&
BREAKDOWN OF WORK FORCE (Required):
The Contractor shall be registered with the Missouri Secretary of State in order to work on
this project.
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
'%�+.� ENT,✓� JD .
It is anticipated that the following subcontractors will be employed for work on this project:
*SUBCONTRACTORS:
(Name of Company) (Type of Work)
*All subcontractors shall be registered with the Missouri Secretary of State in order to work
on this project.
BF -7
CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES
100 Broadway
Asbestos Remediation
ADDENDUM #1
February 22, 2013
The following revisions have been made to the above named Contract Documents:
Revision to Project Manual:
1. Refer to Inspection Report by Midwest Environmental Studies, dated January 30, 2013:
a. On page 1, "Gray 9x9 tile" is also in room "D Vault". The floor area of this room is
approximately 400 square feet. This area was inadvertently left off the report.
b. On page 4, "D Vault" located on the south side of the building on the first floor
should be blue, to indicate We and mastic in that room.
Clarifications / Additional Information:
The trash and fumiture will be removed from the building by Owner prior to commencement
of asbestos remediation. The large counter in area "E" on the first floor is the responsibility
of the contractor to move if necessary to remove asbestos containing materials.
Responses to questions from Contractors:
From AG Environmental, Inc.:
I. Will the City accept a cashier's check in the amount of the bid as an acceptable substitute
for a performance bond?
No.
2. Are we required to purchase a separate "Owner's Protective Liability Insurance" policy
for this project?
Yes, the Contractor is required to purchase a separate "Owner's Protective Liability
Insurance" policy for this project. The liability limits listed on page SC -2 of
Supplementary Conditions for each occurrence and each person are for this project only,
not for all projects underway by the Contractor at a given time.
3. Is "Comprehensive Automobile Liability Insurance (Hired and Non -Owned) acceptable
without owned coverage? (Our company does not own any vehicles and cannot purchase
owned coverage without owning a vehicle.)
Refer to Supplementary Conditions page SC -2 for requirements for "Comprehensive
Automotive Liability Insurance", which is required for all motor vehicles whether owned,
nonowned or hired
4. Are the insurance requirements to be written as a "Per Project Aggregate
Endorsement"? (If not, then the City isn't getting the limit protection requested)
The limits listed on page SC -2 of the Supplementary Conditions for each occurrence and
Ind 1_1 J 1_- I - \Ili Ol ^l I . C, nun 11/ 1 r. 17 � CnI,/f
each person are for this project.
5. Since the project deals with asbestos, is the City requiring "Pollution Liability
Coverage"?
If your General Liability Coverage does not cover Pollution and Asbestos Liability, then a
separate "Pollution and Asbestos Liability Insurance" policy is requited. Pollution and
Asbestos Liability Insurance shall be occurrence type written in comprehensive form and
shall protect CONTRACTOR and OWNER and ENGINEER as additional insureds,
against any and all claims relating to pollution and asbestos including for bodily injury,
property damage and environmental damage resulting from any pollution and related
cleanup costs incurred by the Contractor, appropriate sub -contractor or Owner. The
liability limits shall be not less than:
Bodily injury and property damage $2,658,000 combined single limit for each
occurrence
$398,000 each person*
*Plus increases as provided by Section 537.610 RSMo
6. After the bid opening, will the City waive any of the insurance requirements in exchange
for reduce project pricing?
No.
7. Do the waste sewers on the site work and are they available for use?
The sanitary sewers on site work. However, the Contractor is responsible for providing a
porta-potty as sanitary facilities for their workers. The public restroom at Main St. and
Broadway is not to be used by asbestos remediation employees. The sanitary sewers are not
to be used for disposal of asbestos containing materials.
This addendum must be signed and attached to your Bid Documents.
Date ),' ;4 ;� - /3
COMES NOW (Name) as (ofEimHeid) 6c ,t�G'--
of (Company Name/Contranror) g��ivey;< Favi✓o irct lr% S cSand first being duly sworn, on
my oath, afli m as follows: /// /
4
1. (Companyam
Ne/Contractor) " A EiYVIv.-La-4 S`�UOrc$
is enrolled and will continue to participate in a federal work authorization program in respect to
employees that will work in connection with the contracted services related to (project Name)
r
flsbes�ic/ler�w /�ara� for the duration of the contract in accordance with RSMo
Chapter 285.530(2).
/ , / S -f •v�r eS
2 I also affirm that (Company Name/Coatnctor) /-I �ST does
not and will not knowingly employ a person who is an unauthorized alien in connection with the
contract setvices related to (projeetName) �] b a e , r /l a v� ei/, 4 fr o. for
the duration of the contract
3. Attached hereto is documentation affirming Contractor's enrollment and
participation in a federal work authovzation program with respect to the employees working in
connection with the contracted services.
FURTHER AFFIANT SAITH NOT.
IN AT FTRMMON THEREOF, the facts stated above ate true and correct (the
undersigned understands that false statements madc in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
By-
c02ME afnffirmc....
r
ATTEST:
Secretary (nr other officer)
(SEAL OF CORPORATION)
STATE OF MISSOURI )
as.
COUNTY OF CAPE GIRARDEAU )
On thisL�day of ! 20-Lbefore me appeared '/�A /-c 4IL
to Inc pesonaIly (mown, who, bein by me duly sworn, did say that he/she is die or,"e,
Of st,a. a.ff^.t, xa1�iS�r%,oy a Massouri Corporation and that the seal affixed to the
foregoing instrument is the seal of said Corporation, and that the said instrument was signed and
sealed in behalf of said Corporation by authority, of its Board of Director, and aclmowledged said
inctratnent to be the free act and deed of said Corporation.
IN TESTIMONY VnDMEOF, I have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missouri, the da and-, car first above wnttrm.
/ 1 �
My Commission Expires:
Notary Public
M
. JONES -Notary Sealape Girardeau County ? 10426481pires Nov 30, 2014
E%FMIT
AFFIDAVIT OF OSHA TRAINING
COMES NOW as (O&® Held) _e w ��
of (company Name/Coatzacmr) A,els- 4 ec ,,, vt s*a✓io 5I.. heard first being duly sworn, on
my oath, affirm in connection with the contracted services related to 4,, Ra' ed, ; '
(Project Name) for the duration of the contract, as follows:
1. Contractor shall provide a ten (10) hour Occupational Safety and Health
Administration (OSHA) construction safety program for all employees who will be on-site at the
Project The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of Iabor and
Industrial Relations which is at least as stringent as an approved OSHA program as required by
Section 292675, RSMo.
2. Contractor shall require its on-site employees to complete a construction safety-
program
afetyprogram within =y (60) days after the date work on the Project commences, as required by Section
292.675, RSMo.
3. Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site without documentation of the successful completion of a construction safety
program shall be required to produce such documentation within twenty (20) days, or will be subject
to removal from the Project
4. Contractor shall require all of its Subcontractors to comply with the requirements of
Section 292675, RSMo.
5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall
forfeit to City as a penalty two thousand five hundred doll= ($2,500.000), plus one hundred dollars
($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar
day, or portion thereof; such on-site employee is employed without the construction safety trainin
required in Section 292.675, RSMo.
6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition
7. Contractor acknowledges that in the event that the Missouri Depa.tuicat of Labor
and Industrial Relations has determined that a violation' of Section 292-675, RSMo., bas occurred
and that a penalty shall be assessed, the City shall •withhold and retain all sums and amounts due and
FURTHER AFFIANT SAPTH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
i h M; 05
)rVs�te of5«� flvoPr�e�Y
By: _ o yri c✓
(name of officer of corporation and tide)
ATTEST:
Se¢etary (or other offices)
(.AL OF CORPORATION)
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this Il �Mtday of F bat e-ry 20 _i3 before me appeared
to me,Fersona0y ]mown mho, beaming by me duly sworn, did say that he/she is the Ou u'4 r
ofnitcl �5� fuur o fnc.Jt�P Siv jl;sa Missouri Corporation, and that, the seal affixed to the
foregoing insaument is the seal of said Corporation, and that the said instturnn+t Was signed and
sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said
instmment to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offrinl seal, at
my office in Cape Girardeau, Missouri, the day an car first above
Notary public /
My Commission Expires:
f bue• -6u 36 Jo
E
EBRA K. JONES
PuoOe-Notary Seal
ouri, Cape Girardeau Countyission t 10426481sion Expires Noy 30, 2014
Company ID Number: 150752
without changes to E -Verify, the Department reserves the right to require employers to take
mandatory refresher tutorials.
Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may
terminate this MOU without prior notice if deemed necessary because of the requirements of law
or policy, or upon a determination by SSA or DHS that there has been a breach of system
integrity or security by the Employer, or a failure on the part of the Employer to comply with
established procedures or legal requirements. Some or all SSA and DHS responsibilities under
this MOU may be performed by contractor(s), and SSA and DHS may adjust verification
responsibilities between each other as they may determine.
Nothing in this MOU is intended, or should be construed, to create any right or benefit',
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute between the Employer and any other person or entity
regarding the applicability of Section 403(d) of MLIRA to any action taken or allegedly taken by
the Employer.
The employer understands that the fact of its participation in E -Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E -Verify publicity and media inquiries,
and responses to inquiries under the Freedom of Information Act (FOIA).
The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the
Employer.
The individuals whose signatures appear below represent that they are authorized to enter into
this MOU on behalf of the Employer and DHS respectively.
To be accepted as a participant in E -Verify, you should only sign the Employer's Section of
the signature page. If you have any questions, contact E -Verify Operations at 888464-
4218.
88-4644218.
Employer Midwest Environmental Studies
Timothy 7 Peldos
Name (Please type or print) Title
Electronically Signed 09/09/2008
Signature Date
Department of Homeland Security — Verification Division
Company ID Number: 150752
USCIS Verification Division
Name (Please type or print)
Electronically Signed 09/09/1008
Signature Date
Company ID Number. 150752
INFORMATION REQUIIMED
FOR THE &VERIFY PROGRAM
Information relating In your Company.
Company Name: Midwest Environmental Studies
Company Facility Address: 1613 County Road 614
Jackson, MO 63755
Company Alternate Address: P.O. Boz 737
Cape Girardeau, MO 63702
County or Parish: CAPE GIRARDEAU I
Employer Identification Number:431701973
North American Industry
Classification Systems Code:
Parent Company-
Number
ompany
Number of Employees: 5 to 9 Number of Sites Verified for. 1
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State.
MISSOURI 1 site(s)
Information relating to the Program Administrator(s) for yourr Company on policy questions or operational problems:
Name: Jamie S Hazard
Telephone Number.
(573) 270 -4029 Fax Number. (573) 339- 1810
E-mail Address:
timpekios@hotma0.com
Name:
Timothy JPcIdw
Telephone Number.
(573) 270 - 8024 Fax Number: (573) 339 -1810
E-mail Address:
timpekies®hatmaZeom
Project Number
Certification Regarding
Debarment, Suspension and Other Responsibility Matters
The contraetor hereby certifies to the best of its knowledge and belief and that it and its principals
and its subcontractors and their principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal or State department or agency,
(b) Have not within a three (3) year period preceding this proposal been convicted of or had a
civil Judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State or
Local) transaction or contract under a public transaction; violation of Federal or State antitmst
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, malting false statements or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this subcontract had one or more public
transactions (Federal, State or Local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this
contractor or termination of the contract In addition, under 18 USC Sm lool, a false
statement may result in a fine of up to $10,000 or imprisonment for up to five (5) years or
both.
Irl %iek'g;f OLricJei'
Typed Name & Title of Authorized Representative
-� z
SigaamreofAuthodzed presentative Date
❑ I am unable to certify to the above statement My explanation is attached
Expiration Date: 6/30/2013 Registration Number: 13-06-0248
Missouri State Registration for Asbestos Contractors
issued by Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
Phone(573)751-4817
Midwest Environmental Studies
has successfully completed the requirements for registration as an Asbestos Contractor., This
Missouri State registration is subject to review and the director may deny, suspend or revoke the
registration per RSMc chapter 643.230.
5/24/2012
Date Director of Air Pollution Control Program
l?
THE AMERICAN INSTITUTE OF ARCHITECTS
BOND # MF,S2-26-13
KNOW ALL MEN BY THESE PRESENTS, that we
MIDWEST ENVIRON'WNTAL STUDIES
P.O. Bo: 737 Cape Girardeau, MO 63702
(Hem mace full came,wd eddmas or legal dde of Coxdectm)
as Principal, hereinafter called the Principal, and
Granite Re, Inc.
14001 Quailbrook Dr Oklahoma City, OK 73134
a corporation duly organized under the laws of the State of OK as Surety, hereinafter called the Surety, are held and firmly bound unto City
Of Cape Girardeau -
401 Independence Street Cape Girardeau, MO 63702-0617
(Hereinsat full eame,md address or legd dtle of 0.cr)
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars 5.00°/x), 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
Asbestos remediation at 100 Broadway
(H. iaa ftll Dame, address aed dcu'rydon of projset)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and
sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution
thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the
Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee
may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to
remain in full force and effect.
Signed and sealed this 26th day of February. 2013.
(Witness)
MIDWEST FNVIRONMENFAL STUDIES
(Principal) (Seal)
(Title)
Gure�te
(Wiineils fav arcs L' a Charles
O:STrr= OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006
WARNWG: Unlicensedphomcopyingviola U.S.mpyrightlaws and is subjeaw legalprosecution,
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
CHARLES R. MCQUIGCAN; RALPH L MCQUIGGAN; STEVE G. MCQUIGGAN; VENESSA VAN SCHALKWYK its true and lawful Attorney-in-
Fal(s) for the following purposes, to wit:
To sign its name as surety to, acid to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed
and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all
and whatsoever the said:
CHARLES R. MCQUIGGAN; RALPH L. MCQUIGGAN; STEVE G. MCQUIGGAN; VENESSA VAN SCHALKWYK may lawfully do in the premises
by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its President and Secretary/Treasurer, this 19" day of July, 2012.
Kenneth D. Whittington, President
STATE OF OKLAHOMA ) s a A u 4,Z
/ /
) SS: ^'�" h H
COUNTY OF OKLAHOMA ) Kyle/P. McDonald, Treasurer
On this 19's day, of July, 2012, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and
Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly
sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of
GRANITE RE, INC, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said
corporation; that the seal affixed to said Power of Attomey was such corporate seal, that it was so frxed by order of the Board of Directors of
said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company.
My Commission Expires:
August 8,
Commission on #:01013257
Nota Public -.
GRANITE RE, INC
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/rreasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July 15; 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as attorneys -in -fact or under other appropriate thles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or
evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond
or undertaking of the Company, the seal, or. a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned
26th day of February '20 1
GR0a00-1
and affixed the corporate seal of the Corporation this
41 11,71-7-V
Kyle P. McDonald, Secretary/Treasurer
o RY"y K
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41 11,71-7-V
Kyle P. McDonald, Secretary/Treasurer
State of Illinois
County of Madison
On this 26 hday February, 2013 before me, Holly Vanessa Johnson, a Notary Public within and for the
above mentioned county, personally appeared Charles.R. McQuiggan, to me personally known, whom
being by me duly sworn he is an At 2MU-In-Fact of:
Aegis Security Insurance Company
AMCO Insurance Company
American Contractors Indemnity Company
American Safety Casualty Insurance Company
Bond Safeguard Insurance Company
Contractors Bonding and Insurance Company
Fidelity and Deposit Company of Maryland
First National Insurance Company ofAmerica
Granite Re, Inc
Hartford Casualty Insurance Company
Zexon Insurance Company
Merchants Bonding Company (Mutual)
Nationwide Mutual Insurance Company
Old Republic Surety Company
Pekin Insurance Company
Plaza Insurance Company
Star Insurance Company
State Automobile Mutual Insurance Company
The Ohio Casualty Insurance Company
Travelers Casualty and Surety Company of America
US Specialty Insurance Company
Western Surety Company
the corporation named in the foregoing instrument, and that the seal affixed to the said instnmment
is the corporate seal of the said corporation, and that the said instrument was signed and sealed
on behalf of the said corporation by authority of its Board of Directors, and the said
Charles R. McQuiggan, acknowledged the said instrument to be the free act and deed of the
said corporation.
sy: Molly Vanessa 9ohnson
Notary Public
Offrcial Seal
Hotly Vanessa Johnson
Notary Public, State of Illinois
My Commission Expires March 26, 2013