HomeMy WebLinkAboutRes.2948.02-15-2016BILL NO. 16-20 RESOLUTION NO. V
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH ASA ASPHALT, INC.,
FOR THE 201-6 ASPHALT OVERLAY PROGRAM, IN THE
CITY OF CAPE GIRARDE.AU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute a Contract with ASA Asphalt, Inc., for the 2016 Asphalt
Overlay Program, in the City of Cape Girardeau, Missouri. A
copy of said Contract is attached to this Resolution and made a
part hereof. The Agreement shall be in substantially the form
attached hereto as Exhibit A, which document is hereby approved
by the City Council, with such changes therein as shall be
approved by the officers of the City executing the same.
M v
PASSED AND ADOPTED THIS DAY OF r&,fl,
.
Harry E. Rediger, Mayor
ATTEST:
l ji;e�
nice Ta _or, Deputy City Clerk
CITY OF CAPE GIRARDEAU
2016 ASPHALT OVERLAY PROGRAM
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the a3 Ad day of in the year
2016 by and between the City of Cape Girardeau, Missouri (herein er called OWNER)
and ASA Asphalt, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The locations for the work to be performed under these Contract Documents are Grandview
Drive from Lisa Drive to Melrose Drive; Grandview Drive from Lisa Drive to Lexington Avenue;
Ridgeway Drive from W Cape Rock Drive to Brookwood Drive;David Street from Melrose Drive to
Lynnwood Drive;Jasmine Lane from Carolina Lane to Rampart Street;Lisa Drive from Carolina
Lane to 2560 Lisa Drive; Magnolia Avenue from Grandview Drive to 2582 Magnolia Avenue;and-_
the Driveway located at 1416 Ripley.
The improvements consist of resurfacing the existing pavement by milling approximately 2
inches off the existing pavement where needed and placing and compacting 2 inches of newhot mix
asphalt on the above mentioned streets and removal and replacement of portions of curb and gutter
as noted for each location, all as described in the contract documents. The streets are located in
various areas within the City of Cape Girardeau, Missouri.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
_ Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
A-I
Article 3. CONTRACT TIMES.
3.1 Regardless of when the work is begun on this contract, all work shall be completed and
ready for final payment on or before September 30, 2016 .
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 thousand five hundred dollars$2500.00
for each calendar day that expires after the time specified in paragraph 3.1 until the Work
is complete and the CONTRACTOR is ready 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.
Tho hundred tatty-five thousand
TOTAL OF ALL UNIT PRiCES: two h,a'dred eighty one and 15/100.
($225,281.15 )
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments;Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions(and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
A-2
5.1.1 Prior to Substantial Completion,progress payments will be made in an amount equal
---to-the-percentage-indicated below,-but,-in-each-case;-less-the-aggregate of-payments-- --- —-
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
95% 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.
95% (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, as agreed to by the OWNER and CONTRACTOR, in
an amount sufficient to increase total payments to CONTRACTOR to 98%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".
A-3
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
—fumishing 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. 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, reportsanddrawings-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.
A-4
•
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 1 to_7 inclusive).
8.2 Exhibits to this Agreement(pages BF- 1 to BF- 8. 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 2016 Asphalt Overlay Program .
8.8 Drawings.
8.9 Addenda numbers i to 1, inclusive.
8.10 CONTRACTOR'S Bid(pages BF- 1 to BF- 8. 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).
A-5
•
Then: am no Contract Documents other than those fisted 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 am 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.
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 City Engineer's
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 Wo Work Done"must be submitted.
A-6
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 -}Altital, a3, 20 Ito (which is the
Effective Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTOR ASA Asd-alt, Inc.
Scott Me er C:,1►?ic: - • - - _- RoIer Poy*AreCr, Pres;Aei -.::.::::,,.
tL '
ri-j
By: _ By: • �,
CORPOSi] (CORPORA SEAL] _ .-".e.-
Attest Attest ikook.,_ Pte- o p °„: ' ';::5S_
B ce Taylor, deputy City Clerk 73 roo)Ce 71ucgatl Sec .
Address for giving notices Address for giving notices
401 Independence Street P 0 Box 159
Cape Girardeau MO 63703 Advance, PD 6373)
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
AS
I
t I� �4r
ii%f 0 ,-75,, ut,
sins jai- '- -/
A-7
Exhibit A
CITY OF CAPE GIRARDEAU
2016 ASPHALT OVERLAY PROGRAM
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The locations for the work to be performed under
these Contract Documents are Grandview Drive from Lisa Drive to Melrose Drive;
Grandview Drive from Lisa Drive to Lexington Avenue; Ridgeway Drive from W Cape
Rock Drive to Brookwood Drive; David Street from Melrose Drive to Lynnwood Drive;
Jasmine Lane from Carolina Lane to Rampart Street; Lisa Drive from Carolina Lane to
2560 Lisa Drive; Magnolia Avenue from Grandview Drive to 2582 Magnolia Avenue;and
the Driveway located at 1416 Ripley.
The improvements consist of resurfacing the existing pavement by milling
approximately 2 inches off the existing pavement where needed and placing and
compacting 2 inches of new hot mix asphalt on the above mentioned streets and removal
and replacement of portions of curb and gutter as noted for each location, all as described
in the contract documents. The streets am located in various areas within 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 submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that
(a) BIDDER has examined and camfully studied the Bidding Documents and the
following:
BF-1
Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date)
I l-25-/b
(b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. 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
fumishing 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 am 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.
(t) 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 am generally sufficient to indicate and convey understanding of all terms
BF-2
and conditions for performing and furnishing the Work for which this Bid is submitted.
My questions, comments, or concerns regarding the design of this project should be
addressed to Jake Garrard, E.I., City of Cape Girardeau at 573-339-6327.
(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
has not sought by collusion to obtain foritse/f any advantage over any other Bidder or over
OWNER.
(I) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in
a federal work authorization pmgram 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 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.
• http://www.uscis.gov/portal/site/uscis
(jBidders 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 (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.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
BF-3
UNIT PRICE BID
NO ITEM UNIT EST. UNIT PRICE TOTAL EST.
QTY. PRICE
1 Butt Joint and Spot Milling SY 280 $ 9 t 6 $ i(A Pr
2 Street Milling SY 13837 $ �/. 9S" $ G I, y93. /S
3 Type 5 Aggregate Ton 45 $ -� °° $ 2 L o °6
4 Liquid Asphalt(Tack Coat) Gallon 1515 $ 2-00 $ 3, 0 3 0
5 Asphaltic Concrete Ton 2045 $ 61).°° $ /3 9 6
(2 or 4"BP-2)
6 Remove 8 Replace LF 225 $ 3 0 O6 $ t 7 S°•°e
Concrete Curb & Gutter
7 Adjust Manhole Each 2 $ a 50-n $ S o a •
8 Temporary Traffic Control LS 1 $ a o o°.°° $ 2 o DO1°
9 Temporary Erosion Control LS 1 $ /-Coo-1° $ / Soo .°.
TOTAL BID FOR ALL UNIT PRICES $ 22S, 2i'/. rs r
7 o lluhdred 7L[✓cnIy - five. IA°n+Sq/J 7-70° Aundred c;y1, Iy -oat Niki I e
(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.
BF-4
5. BIDDER agrees that the Work will be complete and ready for final payment by
September 30, 2016.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the time 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) Acknowledgement of any addenda issued.
(c) Exhibit Affidavit of Work Authorization
(d) Exhibit Affidavit of Excessive Unemployment (if applicable)
(e) The E-Verify Pogram for Unemployment Verification Memorandum of
Understanding-http://www.uscis.govniles/nativedocuments/MOU.pdf
(f0 Exhibit Affidavit of OSHA Training
(g) Certification Regarding Debarment, Suspension and Other Responsibility Matters
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 /14 icK jiies/ T
Address Pa Box IS-41 :Advance., /l 0 G 3 7.7
(a) Performance and Payment Bonding Company
Name (,(n; felt Fir- .4- C._
Address Pa Box 72909 Cuter Rap,A.r ,re, „ 5�987- 1 o
AgentlPower of Attorney Name (if used) 1 d 4 Ua r d
Address x 9 6 4 3e4 veY Cr r c K Cape gi r4 rz Ail.., M o 1, .? 76 2
BF-5
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 Feb, a 20/6,
State Contractor License No.
IF BIDDER is:
An Individual
By (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By 414 /1/4A. /71 . Z.,t . (SEAL)
(Corporation Name)
Missouri
(State of In oration)
By (SEAL)
(Name of Person uthonzed to Sign) Ruler Pcy1l�rc if
Prar;4e +
(Title)
(Corporate Seal)
Attest SA DI_ P
�j reoSt ?4cx t
BF-6 -
(Secretary) ..
Business address: t o Box /S9
,41rahcc . ,410 63710
Phone No.: 573- 7.7.? - 3///
Date of Qualification to do business is /9 79
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.)
BF-7
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:
/, 2, 2, �, _CI 7, 14
Itis anticipated that the following subcontractors will be employed for work on this project:
*SUBCONTRACTORS:
(Name of Company) (Type of Work)
LgPI'� Ce iew7 ri, rrhers cahcriid
*All subcontractors shall be registered with the Missouri Secretary of State in order to work
on this project.
BF-8
.. .� Jia.` t•=y''�•1, l�V�J.r
•• _
M1a
Company ID Number. 187699
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOW) sets forth the points of agreement between the
Department of Homeland Security (DHS) and ASA Asphalt Inc. (Employer) regarding the
Employer's participation in the Employment Eligibility Verification Program(E-Verify). This MOU
explains certain features of the E-Verify program and enumerates specific responsibilities of
DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Form(Form 1-9). For covered government contractors, E-
Verify is used to verify the employment eligibility of ail newly hired employees and all existing
employees assigned to Federal contracts.
Authority for the E-Venfy program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.15, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR)(hereinafter referred to in this MOU as
a 'Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 1298.9, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S.citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the •
E-Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations(20 CFR Part 401).
Pa?E 1 of131E-VenafLjDU for Eforkle.lRe xtQat!1t22E418 • • .
V -
0111
Company ID Number. 187699
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 at 888-464-4218.
Employer ASA Asphalt,Inc.
Roomer D Poythress
yr.2 of I'riuii 'LFe
ElecirJrti.31 K Sinned --_ c210512035 __----
Signature Dasa
Department of Homeland Security—Verification Division
USCIS Verification Division
;imea(Please Type or PniP,
Elect onaceoy Sir aed eziosinou?
SignaL:r'e i)-it ---
Page 11 of 13IE-VenN 1.'vC f..6:s en-: �;i b..i=larzycs
� ��'�7u k,!ilii�
l� ._ 7o-�un u
Company 1D Number. 187699
Information Required for the E-Verify Program
information relating to your Company:
Company Name: ASA Asphalt,tnc•
Company Facility Address:20025 ASA Dr.
Advance, fru 63730 -
Company Alternate
Address: F.O.Bo•r 159
Advance,MO 33730 ----- __—'— _
County or Parish: STODDARD
Employer Identification
Ntirr2 r• 4311E600a
North American Industry
Clacslficatic:Systems
Code: 23a
Parent Company:
y•
Hurn ter of Ernctoyaes: 22 as 99
;slumber of Sites Verified
S
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)
Pcpe 12 of 131E-Vet ;OU I<Emec,e:;Re•.u-.^.i Ctle 2 'tt(
I •
r
A Lag
Company ID Number 187699
Information relating to the Program Administrator(s)for your Company on policy questions or
operational problems:
Name: Brooke Puckett 722-3‘1‘
Telephone Number. (573)-336--4484- 573- 7-72 -114 Fax Number (573)335-S3tt
E-mail Address: rbdpucketteyahoo.com
Name: Shelia Lambert
Telephone Number (573)722-3111 Fax Number (573)722-3666
E-mail Address' asaasphattasbcgIobal.net
Name: Roger D Poythress ?22- 144
Telephone Number (573)243-1310 Fax Number. (573)335--5011
E-mail Address rpoythress@gmail.com
Pain 13 of 13rE-Verey for Ernpm'ePR.e-rcn., I_t i9340d
XF11:13IT
AFFIDAVIT OF OSHA TRAINING
COMES NOW(Name) Ro'rr ?,y ,recr as (Office Held) Pre.ridek-
of(Company Nzcac/Cn rmr) R S,4 R spA /, , 1174. and first being duly sworn, on
my oath,off tin in mon Ninth the contracted services related to .70/6 'l aIt 4 M D ve r 44,7
e r#j rant (Project Name)for the duration of the contract,as follows_
1. Contractor shall provide a ten (10) hoar Occupational Safety and Health
Administration (OSHA) ensunction safety program for all employees who will be on-sire at the
project The construction safety program shall ;orlon,- a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of Labor and
Industrial Relations which is at least as stringent as an approved OSHA program as required by
Section 292.675,RSMo.
2. Contract= shall require its on-site employees to complete a construction safety
program within sixty(60)days after the date work on the Project co17*menres,as required by Section -
292.675,RSMo.
3_ Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site without docrmnrntatien 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 292.675,RSMo.
5. Contractor or that pursuant to Section 292.675,RSMo.,Contract= shall
forfeit to City as a penalty two thousand five hundred dollars ($2,500.000),pins one hunrbrci dollars
($100.00) for each on--site employee employed by Contractor or its Subcontractor;far each ralmrlar
day, or portion thereof, such on-site employee is employed without the construction safety training
required in Section 292.675,RSMo.
6. Contractor acknowledges that violations of Section 292675, RSMo, and imposition
of the penalties described therein shall be investigated and determined by the Missouri Department
of Labor and Indnstrial Relations. •
7. Color acknowledges that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred
and that a penalty shall be assessed,the City shall withhold and retain all sums and amounts due and
owing when malting payments to Contractor under this Contract
FURTHER AFFIANT SATTH 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
penahirs provided in Section 575.040,RSMo.)
ASA 4.744i/ fAc .
(mt �
By:
Y(/I
-(vr of ofrrtr of tick)
�2 e,er Tel*kr est, Fr er,a(n•.t
ATTEST:
Seery(or orb=officer)
*AL OFCORPORATION)
STATE OF MISSOURI )
) ss-
COUNTY OF CAPE GIRARDEAU )
On this 2 day of F-eb. 2016 before me appeared R err Pe l fA r.e1n-
to me personally known,who,being by me duly sworn,did say that he/she is the Pres,ind
of RSA iQ r.A4It _TAc. a Missouri Corporation, and that the seal affixed to the
foregoing instrument is the seal of said Corporation, and that the said instrument was signed and
scaled in behalf of said Corporation by authority of its Board of Directors, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF,I have becetmto set my hand and affixed ray ofRrial seal,at
my office in Cape Girardeau,Missouri,the day and year first above written
.
N BROOKE
o=. !o,..G: My Commission Duikres D)�r Puck
t
• .February 24,2017 Notary Public
ScotCamty
y .6n . emission#13666747
My Con thisston Expires:
IT
AFFIDAVIT OF WORK AUTHORIZATION
COMES NOW (Name) R o j e ?o p J4 r s sr as(Office Held) PY c r i d ru
of(Cody Name/Conte) R SfiAssA(//r rn c . -and first being duly sworn, on
my oath,affirm as follows:
1. (Company Name/C-.w,,,actor) AAA ,4_91 c
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) -
2 0/L Ar,44 hi 0 Yer/, fa oy. .r, for the duration of the contract in accordance with RSMo
Chapter 285.530(2). J
2 -7.1 also affirm that'(CompanyName/Coni :tor) AsA /9 e/i, fpC• does
not and will not knowingly employ a person who is an unauthorized /alien in connection with the
contract services related to(Project Name) .2°/L Af/114/7 Fr1^/ Pr,1?AA, for
the duration of the contract.
3. Attached hereto is documentation affirming Contractor's enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned stands that false statements made in this filing are subject to the
penalties provided in Section 575.040,RSMo.)
/ 1A As/A4/1 , _LAC.
(name of••..... •.•
BT
(name of officer of•. ...•.... <. . tide)
o,rr ? �'l, rest, �r er.d e
ATTEST: p J "
Sec ry(or ot?sit
- (SEAL OF CORPORATION)
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this .2 day of fol)- 204_, before me appeared R o 5 er ?s y 7'A rest
to me personally known,who,being by me duly sworn,did say that he/she is the Pre side.-f
of ASA Asp A+/1 Sete. a Missouri 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 Directors, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at
my ole,in Cape Giraardeau,Missouri, the day andUCKETT nyear
first above
�w�rriit{ten
=lf?...,,,,,%Ge'_ MyROOKE CamusamFxpin3s !�J`JK.-r Pu1�""- "
=•: ?`••= Febmary24,2017 Notary Public
"yy� SEAL. sconCany
"'�OF4 Caamasion113666747
My Commission Expires:
CITYOfCAPE
GIRARDEAU
Certification Regarding
Debarment, Suspension and Other Responsibility Matters
The contractor 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 antitrust -
statutes or commission of embrz7lement,theft, forgery, bribery, falsification or destruction of
records,making 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 Sec. 1001,a false
statement may result in a fine of up to S 10,000 or imprisonment for up to five (5)years or
both.
Ro e P•y ,res's P -ec►dei
Typed lame &Title of Authorized Representative
2 - 2 - 11.
Si of Authorized4 tative Date
0 I am unable to certify to the above statement My explanation is attached.
VI
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909
Cedar Rapids, Iowa 52407-3909 319-399-5700
(A Stock Company)
BID BOND
KNOW ALL BY THESE PRESENTS, that we
ASA ASPHALT INC
P.O.BOX 159,ADVANCE,MO 63730
as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly
organized under the laws of the State of IOWA,as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF CAPE GIRARDEAU
401 INDEPENDENCE,CAPE GIRARDEAU,MO 63701
as Obligee, hereinafter called the Obligee, in the sum of Five Pnrornt of the Bid Amount
Dollars (55% ), 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
2016 ASPHALT OVERLAY PROGRAM
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 2nd day of _ _ _ February 20 16 _
ASA ASPHALT INC
By ta?Lair ,��� -I)
(PRINCIP r) Eller yoyfitrect
Ph00L Lc b— president
(WITNESS) (TITLE)
UNITED FIRE &CASUALTY COMPANY (Seal)
kA24.- R A 3L /� (SURETY)
N ite By � 4/4/25( -
(WITNESS) (ATTORNEY-IN-FACT) - -
Todd A. Ward
CONT 0001 0899
ACKNOWLEDGMENT OF SURETY
State of Missouri
County of Cape Girardeau
On this 02 day of February , 2016
Personally appeared before me Todd A. Ward who being duly sworn did depose and say that
he/she is the attorney-in-fact of the United Fire &Casualty Company of Cedar Rapids, Iowa,that the seal
affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument
was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said
Todd A. Ward acknowledged that he/she executed said instrument as such attorney-in-fact and as the
free act and deed of said Corporation.
PRISCILLA B. HUNTER
p • , 64 Notary PubIla Notary Seal
Stall?cm Missouri
,4,
cape Gtiorsi ou County
Comris c n p 13620166011
My Commission Erplrac April 22
Notary Public
UND-2031b
I 'T. Borid No.:00015078, i , } ' o- : -' e
UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IAt ObliUlu
,,gi
7:FTY:
- ` ` - `� r
UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX OF CAPEGIRARDEAU401 INDEPENDENCE
FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA r, ' APEGIRARDEAU-M0 63701-.,` -
- a p.
CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company-See Certification)
KNOW ALL PERSONS BY THESE PRESENTS,That UNITED FIRE&CASUALTY COMPANY,a corporation duly organized and existing under
the laws of the-State of Iowa; UNITED FIRE& INDEMNITY COMPANY, a corporation duly organized and existing under the laws of-the State of
Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized�aandSeaxiistinpg under the laws of the State of California
€egIln `ac l,`$ 'k1 ide6 'i$p&"gR'hs14gir AieYOUNG�ORJASONAPRAVSeregEfonds?Ed' elgSRfbskt el�"$Nf8186A.
WARD,OR NANCY STRAUSER,OR PRISCILLA B.HUNTER, ALL INDIVIDUALLY
-^ -• 1- _ F-) - .t •
i, 2 r V ,. n - r �:
s ti _ - - . - - : -
of 2909 BEAVER CREEK DRIVE CAPE GIRARDEAU,MO 63701
their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to,sigo,seal and-execute in its behalf all lawful bonds,undertakings
and other obligatory instruments of similar nature provided that no single obligation shall exceed 510,000.0.00.00 ' I, . i .: ;;c' -''
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and-hereby ratified and confirmed. ;The Authority hereby granted shall
expire June 2nd,2016 unless sooner revoked by UNITED FIRE&CASUAL1%COMPANY;UNITED FIRE'& INDEMNITY
COMPANY,and FINANCIAL PACIFIC INSURANCE COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY.
"Article VI-Surety Bonds and Undertakings"
Section 2,Appointment of Attorney-in-Fact "The President or any Vice President,or any other officer of the Companies may,from time to
time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature.The signature of any officer authorized hereby, and the Corporate seal, may be
affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal,
when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such
• "instruments and,to attach die-Seal of the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of
the Companies may at any time revoke all power and authority previously given to any attorney-in-fact.
IN WITNESS WHEREOF;the COMPANIES hive each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed
this25th -drily of-January •• Y t,, ,2016- t '
S.c c a 415.(.eCLFW4_0% UNITED FIRE&CASUALTY COMPANY
-`' roa1Owr % i- -3rg ra*r:''S% UNITED FIRE&INDEMNITY COMPANY
21
- s L 4_ a. icb FINANCIAL PACIFIC INSURANCE COMPANY
=,oma c _
Via President
State Iowa,County of Linc ss:-
On this25th,_ day_of lanuary " _ _ _Lt ,U16_before-rnepers"onatty(acne Dermis J.Richman
to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of UNITED
FIRE&CASUALTY.COMPANY,,a�Vice,Presidentof UNITED FIRE& INDEMNITY COMPANY,and a Vice President of FINANCIAL PACIFIC
INSURANCE COMPANY the corporations described in andwhich executed the above instrument;that he knows the seal of said corporations;that the
seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations
and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
e Judith A Davis
eq tF� Iowa Notanal Seal
• Commission number 173041 , el/:!4- AK
or. My Commission Expires 0423/2018 Notary Public
My commission expires:0423/2018
I, David A. Lange,Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary . TED FIRE&INDEMNITY COMPANY,
and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY,do hereby certify that 1 ave compared the foregoing copy of the Power
of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the
ORIGINALS ON FILE IN THE HOMEOFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the
said originals,and that the said Powerof•Attumey has-not been revoked end is now in full force end effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations.
this 2nd day of February•?. a ,2016
�. w.nuew co '(/.�f
.. . f VT L O'O� y.
e
'r szu T er me vtx,s Secretary.UF&C
"�'•.wm�s ''�4'a„m,"„m'P4` <I . £ Assistant Secretary,OF&I/EPIC
''erne.^° , ,�`'*,,.�,w"``
BPOA00530813 Inquiries: Surety Department 118 Second Ave SE Cedar Rapids,IA 52401
111
NOTICE TO MISSOURI SURETY BOND HOLDERS
Should you have a question about your bond or policy, please contact your insurance agent first.
If you are unable to contact or obtain information from your agent,you may contact our company at
address and phone number below:
UNITED FIRE & CASUALTY COMPANY
ATTENTION: BOND DEPARTMENT
P.O.BOX 73909
CEDAR RAPIDS,IOWA 52407
1-800-343-9130