HomeMy WebLinkAboutRes.2951.02-15-2016BILL NO. 16-25
RESOLUTION NO
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH NIP KELLEY
EQUIPMENT COMPANY, INC., FOR THE
NEIGHBORHOOD STREET REPAIR 2016 PROJECT, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
a q5i
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the
City of Cape Girardeau, Missouri, is hereby authorized to
execute an Agreement with Nip Kelley Equipment Company, Inc.,
for the Neiahborhood Street Repair 2016 Project, in the City of
Cape Girardeau, Missouri. A copy of said Agreement is attached
t0 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.
PASSED AND ADOPTED THIS DAY OF 2016.
Harry E. Rediger, Mayor
ATTEST:
Al ,��i✓
nruce Ta or, Deputy City Clerk
I •
CITY OF CAPE.GIRARDEAU -
NEIGHBORHOOD STREET REPAIR 2016
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 3/+d day of am4 . in the year
2016 by and between the City of Cape Girardeau, Missouri hereinafter called OWNER)
and Nip Kelley Equipment Company, 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:
PROJECT IDENTIFICATION: The locations for the work to be performed under these
Contract Documents are on North Church Street from Magnolia Avenue to Lexington
Avenue, Cannon Lane from Paul Revere Drive to North Church Street, Patriot Drive
from Paul Revere Drive to Magnolia Avenue, Cypress Court from 1137 Cypress Court
to 3914 Valley View Lane, Eagle Ridge Drive from Cypress Court to Oak Ridge Court,
Valley View Lane from Cypress Court to Kage Road, Oak Ridge Court from Hopper
Road to Valley View Lane, Keystone Drive from Copper Drive to 3039 Keystone Drive,
Good Hope Street from S. West End Boulevard to Hanover Street, Brentwood Drive
and Rosewood. Drive intersection, Rosewood Drive from 1322 Rosewood Drive to
1334 Rosewood Drive, and Dover Lane Cul-De-Sac.
The improvements consist of removing and replacing concrete streets shown in
project plans. removal and replacement of portions of sidewalk, curb, gutter, alleys, and
driveways; adjustments to existing manholes, inlets, and utility castings 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-1
Article 3. CONTRACT TIMES:_ _
3.1 Work will be substantially complete within 270 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 300 calendar days after the date when the
Contract Times commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions. They also
recognize the delays, expense and difficulties involved in proving the actual loss
suffered by OWNER if the Work is not competed on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,100.00
for each day that expires after the time specified in paragraph 3.1 for Substantial
Completion until the Work is substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the
time specified in paragraph 3.1 for completion and readiness for final payment or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
$1,100.00 for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an- amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that
item as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: One Million One Hundred Ninety-Nine Thousand
Four Hundred Sixty-One and 76/100 ($1,199,461.76)
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. -. .
A-2 -
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.
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.
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Article 6. INTEREST. _
All moneys not paid when due as provided in Article 14 of the General Conditions shall -
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to
the general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the
Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified. 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.
A-4
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 1 to 8 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 Neighborhood Street Repair 2016 .
8 8 Drawings.
8.9 Addenda numbers 1 to 2 , 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.
A-5
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
party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns
and legal representatives in respect to all covenants, agreements and obligations
contained in the Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree
that the Contract Documents shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
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
A-6
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 "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 MLU)Cii 3, , 20 /6 (which is the
Effective Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTOR Nip Kelley Equipment Co., Inc.
Scott Me a- na•er V,Ynt , (P✓eSii ,< f:i •
? o
Or
[ ' "ORATES aip [CURPO'/' " S • - u :,"
Attesta/a/fr. Attest _.„,,-/Bruce Taylof, Deputy City Clerk Fvank YY114./ , S.cerc a!)
Address for giving notices Address for giving notices
401 Independence Street 41 North Sprigq Street
Cape Girardeau, MO 63703 Cape Girardeau, MO 63701
(If OWNER is a public body, attach License No. -I C. St 0 D
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.)
C
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•
•
Exhibit A
- = - - CITY OF CAPE GIRARDEAU.- -
NEIGHBORHOOD STREET REPAIR 2016
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The locations for the work to be performed under these
Contract Documents are on North Church Street from Magnolia Avenue to Lexington
Avenue, Cannon Lane from Paul Revere Drive to North Church Street,Patriot Drive from
Paul Revere Drive to Magnolia Avenue, Cypress Court from 1137 Cypress Court to 3914
Valley View Lane, Eagle Ridge Drive from Cypress Court to Oak Ridge Court, Valley
View Lane from Cypress Court to Kage Road, Oak Ridge Court from Hopper Road to t'
Valley View Lane, Keystone Drive from Copper Drive to 3039 Keystone Drive, Good
Hope Street from S. West End Boulevard to Hanover Street, Brentwood Drive and
Rosewood Drive intersection, Rosewood Drive from 1322 Rosewood Drive to 1334
Rosewood Drive, and Dover Lane Cul-De-Sac.
The improvements consist of removing and replacing concrete streets shown in
project plans. removal and replacement of portions of sidewalk, curb, gutter, alleys, and
driveways; adjustments to existing manholes, inlets, and utility castings 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.
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.
•
BF-1
1
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3. In submitting 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 )
Addendum #1 - 1 /25/16
Addendum #2 -- 1 /26/16
(b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that-ftlay 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_ ;.
i.
(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, i
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
limes, price and other terms and conditions of the Contract Documents_
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and ail additional examinations, investigations,explorations,tests,studies and
data with the Contract Documents.
BF-2
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work for which this Bid is submitted.
Any questions, comments, or concerns regarding the design of this project should be
addressed to Andrew Stone, Project Manager, City of Cape Girardeau at 573-339-
6782.
(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 for itself 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 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 bidder's enrollment and participation in a
federal work authorization program with respec tto the employees proposed to work
in connection with the services requested herein.
•
• http://www.uscis.gov/oortal/site/uscis
(j) Bidders are informed that the Project is subject to the requirements of Section •
292.675, RS. 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
Removal and
1 Replacement of Concrete SF 252,828 $ 4.52 $ 1 ,142,782.56
Street
2 Storm Inlet Adjustment Each 2 $200.00 $ 400.00
3 Remove and Replace SF 1,986 $ 4.70 $ 9,334 .20
PCC Sidewalks
Remove and Replace 4.40 11 ,880.00
4 Concrete Alleys and SF 2,700 $ $
Driveways
5 Install Single Curb Ramp Each 20 $ 1 .175.00 $ 23, 500.00
with Truncated Domes
kE:
6 Tree Removal Each 6 $ 65rL.no $ 7 , gun 00
7 Temporary Traffic Control LS 1 $ c 199 nn $ S, 'i q n 00
r:
Temporary Erosion
8 Control LS 1 $ 2,275.00 $ 2, 275.00
TOTAL BID FOR ALL UNIT PRICES $ 1 ,199,461 .76
One Million One Hundred Ninety Nine Thousand Four Hundred Silty One-76/0
(Written figure)
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within 270 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 300 calendar days after the date when
the Contract limes commences to run.
•
•
BFB -
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: i-
(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 Program for Unemployment Verification Memorandum of
Understanding http://www.uscis.aov/files/nativedocuments/MOU.pdf
(f) 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 Vince Kelley
Address 41 North Spring St. . rave Girardeau. MO 63701 ,
(a) Performance and Payment Bonding Company
Name Merchants Bonding Company '_
Address6700 Westown Parkway, Des Moines, IA 50266
Agent\Power of Attorney Name (if used) Donald L. Wasoba •
Address 22 Avacado Tree Circle, St. Peters. MO 53375
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 February 2 201j.
BF-5
i
State Contractor License No. 0010575 _
IF BIDDER is:
An Individual
By (SEAL)
(Individual's Name)
doing business as
Business address:
•
•
Phone No.: j
- -
►-
:
A Partnership
By (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By Nip Kelley Equipment Co_ , Inc— (SEAL)
(Corporation Name)
Missouri
• (State of incorporation)
ptr; Vince Kelley (SEAL)
(Name of Person Authorized to Sign)
'r.- (Title
)
fEorpoi-a#e Seal
;, � '.Atte�St - ; F]rinc Myers
(Secretary)
-.;Bu iness address: 41 North Sprigg St. , Cape Girardeau, MO 63701.
BF-6
I-
;-
Phone No.: 573-334-0553 r=
Date of Qualification to do business is January 1974
A Joint Venture
By (SEAL)
(Name)
(Address)
By _
(Name) (S )i
-
(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.)
is
BF-7
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-BREAKDOWN- OF WORK FORCE (Required)-:- z.
-
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:
All work not listed below.
:)
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-8
•
a�k�
.. E-Verify_
14
Company ID Number.211168
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Nip Kelley Equipment Company. Inc.
(Employer) regarding the Employers 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 all
newly hired employees and all existing employees assigned to Federal contracts.
Authority for the E-Verify 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 22.18, "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 12989,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 Employers 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).
Page1 or 131E-Verily MOU tot E;VbyerRevmon 7`z 162449 u,•w,a ;la>:: it., -
a a
tw 045
E--Verify ._.a. v.ance or an
Company ID Number:211168
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 Nip Kelley Equipment Company,Inc.
Vince Kelley
Name(Please Type or Print) Title
Sec/tunicallySigned 05/05/2009 _
Signature Date
Department of Homeland Security—Verification Division
USCIS Verification Division
Name(Please Type or Print) Title
Electronically Signed 05/05/2009
Signature Date
Page I1 al 13IB Venly MOU for Employerriev�sian Dale 10/79108
_.„E_verify _ A
e-�unt n ro�sv.v:-
Company ID Number.211168
Information Required for the E-Verify Program
Information relating to your Company:
Company Name:Nip Kelley Equipment Company,Inc.
Company Facility Address: 41 North Sprfgg
Cape Girardeau,MO 63701
Company Alternate -
Address:
County or Parish: CAPE GIRARDEAU
Employer Identification
Number: 431086200
North American Industry
Classification Systems
Code: 237
Parent Company: Nip Kelley Equipment Company,Inc.
Number of Employees: 20 to 99
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)
Paga 12 of 131E-Verify AlOU for Employeriftetcrat Oata 14291128
41‘41E VeriFy Set�(u♦ s
- -
Company ID Number.211168
Information relating to the Program Administrator(s)for your Company on policy questions or
operational problems:
Name: Siad L Pepple
Telephone Number. (573)334-0553 Fax Number. (573)334-2025
E-mail Addnesm spepple@nipkelleyco.com
Name: Vince L Kelley
Telephone Number. (573)334-0553 Fax Number. (573)334-2025
E-mail Address: vkelley@nipkelleyco.com
Page 13 of 13IE-Verify MOU for Empoyer:Re:ision Date 16'29,03 ;r V'!= 4,..
IIT
AFFIDAVIT OF OSHA.TRAINING
COMES NOWNano Vince Kelley as(OBceJield) President
of(Company Name/Comma* Kelley Equipment Co.. . imi:fustbeing duly scvom, on
my 02th,natal m connection that the contracted cNe t broorhood2 Stree ep r
2016 �mR� e)
for the duration of the contract;as follows
1. Contactor 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 s
Project. The construction safety program shall include a course in construction safety and health t
r..
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. Contractor shall require its on-site employees to complete a construction safety
program within sixty(60) days after the date work on the Project rammer 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
I:
forfeit to City as a-penalty two thousand five hundred dollars ($2,500.000),plus one hundred dollars
($100.00) for each on-site employee employed by Contacts or its Subcontractor, for each cedar
day, or portion thereof, such on-site employee is employed without the construction safety taming
required in Section 292.675,RSMo. •
6. Contact r acknowledges that violations of Section 292675, RSMo, and imposition
of the penalties described therein shall be investigated and dcir.mained by the Missouri Department
of Labor and Industrial Relations.
7. Contractor acknowledges that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292675, RSMo., has occurred
and that a penalty shall be assessed,the City shall withhold and retain all sums and amounts due and
owing when making payments to Contractor under this Contract
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statenunls made in this filing are subject to the
penalties provided in Section 575.040,RSMo.)
Nip Kell: Equipment Co. , Inc.
(name of..,... .tion)
i/
By: 'rein
(name of id..._ of m:pornion • tide)
Vince Kelley, Pr- ident
Any
;$ f '. (or_et Frank Myers
_�'-'' •(3 AL ORCORP ORATION)
rie/i$T.A.it.:
) ss.
GbTJNIY OF CAPE GIRARDEAU ) ''// ''11
On this day of 20Jig,before e appeared liana Vd1 i
to me personally own,who, b toe
duly sworn,did say that l/she is the Pia;dm+
of ill ip Kid f ?came to C, a Masomi Corporation, and that the seal affixed to the
foregomg insirismehat 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 office in Cape Girardeau,Missouri,the day and year first above w'____-
Notary Pob*P 5/r/P .
lic
My Commission Expires
e?I Qhl STAULPEPPLE
,03:(62,
-=�IADtpt•:?': My(SanrnsslonExpires
Fe am Co 2017y
'
Sat County
W CoEro6siontu34a4217
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Y
- - GA1L11)11 ._
AFFIDAVIT OF WORKAUTHORIZATION
COMBS NOW( Name) Vince Kelley as(C Held) President
of(Company Neme/Conimctor) Nip Re)ley Equipment Co.. . frlrfint being daly sworn,on
my oath,affirm as follows: —
F.
- - 1. (CompanyName/Coatactor) Nip Kelley Equipment Co. . Inc.
is enrolled and will continue to participate in a federal work authorization program in respect to
employers that will work in connection � es ree�t broo hgodL Sem eet Repair ' €
201G
for the duration of the contract in accordance with RSMo Chapter 285530(2).
2. Ialso affnmthat(Company Name/Contaaar) Nip Kelley Equipment Aloes Inc.
not and will not knowingly employ a pcson who is an unauthorized alien in connection with the
contract setvicesrelated to(ProjectNeme) Neighborhood Street Repair 2016 for
the duration of the contract.
3. Attached hereto is documentation affirming Cnntrarint's enrollment and
participation in a federrl work authorization program with respect to the employees working in s.
connection with the contracted services.
FURTHER AFFIANT SALMI NOT.
z
- i
IN AFFIRMATION THEREOF, the facts stared above are true and correct (the
undersigned understands that false statements made in this filing are subject to die
penalties provided in Section 575.040,RSMo.)
Nip Kel. ey Equipment Co. , Inc.
Vince Kelley, 'resident
•
Sem(orpdieroffiocx)) Fk'ank Myers
- ..;:r SFAL OltEOnPOaA'TION)
it • 7414
_!!
i _r
.
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU )
On this Itid day of F-1-6( 20 KO before me appeared if.vitt. Kt f161
to me personally owl who,being b me duly sworn, did say that s/she is the ✓�r G�l/�{
of N;p K,t llu, gG L )/o.rr1M+£'J 7, a Missouri Corporation, and that the seal affixed to the
foregoing instritnent 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 office in Cape Girardeau,Missou i,the day and year first above written.
üa
Notary Public
o ? � STAG!LPEPPIEMy Commission Expires: _�. , _
My contission Expirm
Fetauarit
o1/g/1/ sE s car,
Apr.". • cam,#13434217
•
CITY ®fCAPE
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 bad a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining,attempting to obtain or pe forming a public(Federal,State or
Local)transaction or contract under a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of
records,making Use statements or receiving stolen property;
(c) Are not presently indicted for or otherwise rciminally 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 bad one or more public
transactions(Federal,State or Local)terminated for canse 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$10,000 or imprisonment for up to five(5)years or
both.
Vince Relle President
Typed Name&Ti' of Authorized IL:piczeutative
—�_ 9 2/02/16
Sigiatare of ;., .,.:.., ZP7iie r,: - plate
0 Iasi unable to certify to the above statement My explanation is armed_
PENAL SUM FORM
•
•
BID BOND
BIDDERafame and Address):
41 North Spriou Street
Cape Girardeau, MO 63703
. .
suttErycteui Add:remfr1Pface •
Merr_ilalata_Bald.:11141_CallDailY (Mit-Mai)
2100 Fleur Drive -
Des-liDi_13Br us. 50321 Tel:. 5157243-8171
OWINEWAranze attd Adtints.$):
City of Cape Girardeau_
City Ball, 401 Independence Street
Cape Girardeau, 140 63701 .
BID
aro DUE DATE: Fepruary 2, 2016
PROJECTabteihmpriWmghlbch
Nei0borhood Street Repair 2016
BONO
BUM NUMBER: N/A
DAM Oki Eater dam aid le Dcgast: February-27-21M—
PENAISUbt Five Percent of to Amount Bid (5% a-IER=-13far
INWITNESS,WEREOF,&>sitty gad Bid' der tegending to belgafly bound.btachy) subject to Ms trues
pin*oft metsc.sirle hmot each cease/is Bid Baud b3 duly ecattakzi vit bhalf-by its
„lizilizteatia.iiir*e4a0274,ar Eepteseittadve.
DDE
- • - SURETY ' -
:-
„ •
CEMPANT, Neal) ANTS BONDING CCRIPANY
3 _ • . ,
addeet t ,•_••a •13 I I' ri Sad Surety's Name and Cargazate Sea/ •
sanwrinr=4.1, By: ("Kci-AL '2%1— •
Sfiu4 ...• Titif Stars sold Ilde(Attich Po .0:mi-a Attorney-I
4;le>5 Dcsual.d L. •] •.=,••- ' ct z
741g414. nitWeal _mum witness: it, elf •
, .• ,
signature sand Tilk - :Stamm aad •ii-- .
.
. _
NOM (1) Above addlesses Lambe Med far giving[Naked notice . -
(2) Any siggeder rem=to Edam Slaw,Ow ar other party shall ba considered pleralivebere
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MERCHAIVTS�+�
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC.,both being corporations of the State of Iowa(herein collectively called the'Companies')do hereby make,constitute and appoint,
individually,
Donald L Wasoba
their hue and lawful Attomey(s)-intact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings
and other written obligations in the nature thereof,subject to the Imitation that any such instrument shall not exceed the amount of.
TWO m LLION($2,000,000.00)DOLLARS
This Powerof-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the
Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants
National Bonding,Inc.,on October 24,2011.
'The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vie President shall have power and
authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company
thereto,bonds and undertakings,recogn¢ances,contracts of indemnity and other writings obligatory in the nature thereof.'
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of
Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship
obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed.'
In connection with obligations in favor of the Florida Department of Transportation only,f S agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final emanates on engineering and
constudfon contacts required by the State of Florida Department of Transportation.it s fully understood that consenting to the State ofFlorida
Department of Transportation making payment tithe final estimate to the Contactor and/or its assignee,shall not relieve this surety company
of any of its obligations under Is bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it s agreed that the poser and authority hereby given
to the Attorney-in-Fact cannot be modeled or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Wdness Whereof,the Companies have mused this instrument to be signed and sealed this 15th day of August , 2015 .
••n" IOfl,� 4,, \NG CQ• MERCHANTS BONDING COMPANY(MUTUAL)
••,.•• ? ..•••..,C r.•. ....!71,0• MERCHANTS NATIONAL BONDING,INC.
pfOR •O' •qO;pp40q •.
-0- o.c,: .i-:? -o- 013
f2003 �: :•yv. 1933 '•c 071-
. Y /
COUNTY OF Dallas ss. '••STATE OF IOWA *
�„'.aMw•• ••••••' President
On this 15th day of August , 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that
he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,and that the seals affixed
to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the
Companies by authority of their respective Boards of Directors.
, w• WENDY WOODY
Fn
et"r Commission Number 764654 e
My Commission Expires 4114,o ' Junee 20, 2017
Notary Pub County Iowa
(Expiration of notary's commission
does not invalidate the instrument)
I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that the above and foregoing is a hue and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of February , 2016 .
* •081.1,,�j
0� 3P ..�o •
p R '1 • /e / Q�R • 0
-O- G : :z — _o Secretary
Eat •s2-Th? • - 1933 ;C - , .. _ -
_.,j 2003 .o_ �y�. . �..
b -
. d�;•. • `s•..- -
:;�o.• •
•�..*. •
POA 0014 (6/15) ”'"• -
THE AMERICAN INSTITUTE OF ARCHITECTS
7\;1 , ,,
v t
r• Bond No. MOC70988
_•,4 _.
AIA Document A3 12
Performance Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRAC1OR(Name and Address): SURETY(Name and Principal Place of Business):
Nip Kelley Equipment Company,Inc. Merchants Bonding Company(Mutual)
P.O.Box 33 6700 Westown Parkway
41 North Sprigg Street West Des Moines Iowa 50266
Cape Girardeau,MO 63701
OWNER(Name and Address):
City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63703
CONTSTRUCTIQQN CONTRACT
Date:i'1a1khh 3,cabi6
Amount: 51,199,461.76
Description(Name and Location): Neighborhood Street Repair 2016
BOND I . �U ; :,
Date(Not earlier than Construction Contract Date): ilkvic i 3,a0/(o - f`
Amount: $1,199,461.76
Moddlcations to this Bo : ® None
CONTRACTOR• AS PRIN r IPAL SURETY s,4
Com • y u; `, • :te Se ,,;
- pant: (Corporate Seal) Company: r� (C cirporat �j .,i.
-hip Kelley Equip ent pany,Inc Merchants Bonding Company(Mutual) , .
+;-7:Signawre ____!'.i� Signature: 00,-,4-4, z
cName and Title.Vine Kelley % Name and Title: Donald L. Wasoba
President Attorney-In-Fact
(Any additional signatures appear on page 3) Bond Signed and Sealed this 22nd Tray of February, 2016, but
left undated at the request of the Obligee.
(FOR INFORMATION ONLY—Name,Address and klephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other
Par Y)
Gateway Surety
22 Avocado Tree Circle
St.Peters, MO 63376
Tel:314-374-0589
AtA DOcuMFM A312 •PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA 9
THE AMERICAN (NSTiTUTE of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-1984
A