HomeMy WebLinkAboutRes.3093.07-24-2017BILL NO. 17-104
RESOLUTION NO. 3093
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH GERSTNER ELECTRIC,
INC., FOR THE 2017 LED STREETLIGHT
CONVERSION PROJECT, IN THE CITY OF CAPE
GIRARDEAU, 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 an Agreement with Gerstner Electric, Inc., for the 2017
LED Streetlight Conversion Project, in the City of Cape
Girardeau, Missouri. The Agreement shall be in substantially
the form attached hereto as Exhibit A, which document is hereby
approved by the City Council, and incorporated herein by
reference, with such changes therein as shall be approved by the
officers of the City executing the same.
PASSED AND ADOPTED THIS( )'j DAY OF 2017.
Harry E. Rediger, Mayor
VA*6*46
Truce TayTor4q Deputy City Clerk
CITY OF CAPE GIRARDEAU
2017 LED Streetlight Conversion
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year
2017 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and Gerstner Electric, 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 on Rt. K
from 1-55 to Leming Ln., Gordonville Rd. from S. Silver Springs Rd. to Independence St.,
S. Silver Springs from Rt. K to Bloomfield Rd., S. Broadview from Rt. K to Bloomfield
Rd., Siemers Dr. from Campster Dr. to Bloomfield Rd., Arnold Dr. from Shirley Dr. to
Siemers Dr., Kell Farm Dr. from Arnold Dr. to Richmond Dr., Intersections of
Independence St. and Mount Auburn Rd., S. Mount Auburn Rd. and Dr.'s Park Dr.,
Bloomfield Rd. and S. Mount Auburn Rd., Bloomfield Rd. and S. Silver Springs Rd.,
Bloomfield Rd. and Siemers Dr., Lambert Dr. and Siemers Dr.
The improvements consist of removing and replacing high pressure sodium light
fixtures with LED equivalent fixtures as noted for each location, all as described in the
contract documents. The streetlights 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 OW NER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 Work will be substantially complete within 90 calendar days after the date when the
Contract Times commences to run as provided in paragraph 2.3 of the General Conditions,
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and completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within 120 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 $800.00 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 $800.00 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: Seventy-three thousand nineteen dollars and zero
cents ($73,019.00)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. 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.
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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.
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.
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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 orotherwise which may
affect cost, progress, performance or furnishing of the Work orwhich 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 necessaryforthe performance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 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 2017 LED Streetlight Conversion.
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.
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
A-5
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 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
Effective Date of the Agreement).
OWNER City of Cape Girardeau
Scott Meyer, City Manager
[CORPORATE SEAL]
Attest
Bruce Taylor, Deputy City Clerk
Address for giving notices
401 Independence Street
Cape Girardeau, MO 63703
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.
20 (which is the
CONTRACTOR Gerstner Electric, Inc.
[CORPORATE SEAL]
Attest
Address for giving notices
2400 Cassens Drive
Fenton, MO 63026-2539
License No.
Agent for service of process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
E' YJAbit A
CITY OF CAPE GIRARDEAU
2097 LED Streetlight Conversion
BID FORM
(EJCDC 1910-18) (1990)
The locations for the work to be performed under these Contract Documents are on Rt. K
from 1-55 to Leming Ln., Gordonville Rd. from S. Silver Springs Rd. to Independence St.,
S. Silver Springs from Rt. K to Bloomfield Rd., S. Broadview from Rt. K to Bloomfield
Rd., Siemers Dr. from Campster Dr. to Bloomfield Rd., Arnold Dr. from Shirley Dr. to
Siemers Dr., Kell Farm Dr, from Arnold Dr. to Richmond Dr., Intersections of
Independence St. and Mount Auburn Rd., S. Mount Auburn Rd. and Dr.'s Park Dr.,
Bloomfield Rd. and S. Mount Auburn Rd., Bloomfield Rd. and S: Sliver Springs Rd.,
Bloomfield Rd. and Siemers Dr., Lambert Dr. and Siemers Dr.
The improvements consist of removing and replacing high pressure sodium light
fixtures with LED equivalent fixtures as noted for each location, all as described in the
contract documents. The streetlights 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.
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: (ust Addenda by Addendum Number and Date)
Addendum No. 1 Dated 7/10/2017
BF -1
(b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER 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 completefor 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 respectto Underground Facilities atorcontiguous to the site.
BIDDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishing ofthe Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work for which this Bid is submitted.
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 orcorporation and is not submitted in conformitywith any agreement or rules
of any group association, organization or corporation; BIDDER has not directly orindirectfy
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 respect to the employees proposed to work
in connection with the services requested herein.
• http://www.uscis.gov/portal/siteluscis
0) Bidders are informed that the Project is subject to the requirements of Section
292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the
Project to provide, and require its on-site employees to complete, a ten (10) hour course in
construction safety and health approved by the Occupational Safety and Health
Administration ("OSHA") orsimilar program approved bythe 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.
i ,,
BF -3
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
NO ITEM
GC2-90E-HV-NW-3-GY-
700-PCHV 195W 19800
LUMENS 480V TYPE 3
GRAY W1480V PE
GC2-90E-MV-NW-3-GY-
700-PCMV 196W 19,800
2 LUMEN 120.277V TYPE
3 GRAY W1120 -277V PE
UNIT PRICE BID
UNIT QTY. UNIT PRICE
Each 24 $ 766.00
Each 18 $ 660.00
GC1-60E-MV-NW-2-GY-
700-PCMV 133W 13,400
LUMENS 120-277V Each 85 $ 503.00
TYPE 2 GRAY WM20-
277V PE
TOTAL EST.
PRICE
$ 18,384.00
$ 11,880.00
$ 42,755.00
TOTAL BID FOR ALL UNIT PRICES $ 73,019.00 ✓
Seventy-three Thousand Nineteen Dollars and Zero Cents
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 90 calendar days
afterthe 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 120 calendar days afterthe date when
the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the 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 Program for Unemployment Verification Memorandum of
Understanding http://www.uscis.gov/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 Statementwith supporting data.
8. Communications concerning this Bid shall be addressed to:
Name John Gerstner jgerstner@gerstnerelectric.com
Address 2400 Cassens Drive, Fenton, Missouri 63026-2539
(a) Performance and Payment Bonding Company
Name Western Surety Company
Address 333 S. Wabash Avenue, Chicago, IL 60604
Agent\Power of Attorney Name (if used) Theresa A. Hunziker, Attorney -In -Fact
Address Charles L. Crane Agency, 100 N. Broadway, Suite 900, St Louis, MO 63102
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 July 12 20 17,
State Contractor License No. N/A
IF BIDDER is:
An Individual
By N/A (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By N/A
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By
By
(Corporate Seal)
GERSTNER ELECTRIC, INC.
Janis
(Corporation Name)
Missouri
(S to of Inc rporal
ame of Perso
Kury, Vice President
(Title)
to Sign)
Marcia Behrendt
(Secretary)
Business address: 2400.Cassens Drive, Fenton, MO 63026-2539
BF -6
Phone No.: 636-349-5999
Date of Qualification to do business is
A Joint Venture
By N/A
(Name)
M
(Address)
(Name)
Phone Number and Address for receipt of official communications:
636-349-5999 OR 636-680-5012
Gerstner Electric, Inc., 2400 Cassens Drive, Fenton, MO 63026-2539
(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
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:
No.s1,2&3
No subcontractors will be
It is anticipated that the following subcontractors will be employed for work on this project:
*SUBCONTRACTORS:
(Name of Company)
Not
(Type of Work)
*AH subcontractors shall be registered with the Missouri Secretary of State in orderto work
on this project.
FP-TW-
L.
From: Brunke, Casey L Ct) C7l — �2 (-�
Sent: Wednesday, July 12, 2017 9:26 AM
To: Redecker, Cindy
Cc: Stone, Andrew
Subject: RE: 2017 LED Streetlight Conversion Bid
Per Eric, this is acceptable for acknowledging Addendum #2 for the 2017 LED Streetlight Conversion project for
GERSTNER ELECTRIC, INC.
Thank you!
Thank you,
Casey Brunke, P.E.
City Engineer
City of Cape Girardeau
_Phone: (573) 339-6327
From: Redecker, Cindy
Sent: Wednesday, July 12, 2017 8:08 AM
To: Brunke, Casey L.
Cc: Stone, Andrew
Subject. FW: 2017 LED Streetlight Conversion Bid
Can we accept this? Bid opening is today at 11:00 a.m.
Thank you,
Cindy Redecker
Project Specialist
City of Cape Girardeau
Development Services
401 Independence Street
Cape Girardeau, Missouri 63703
Phone: 573-339-6327
Fax: 573-339-6303
creel ecke r(c)cityofca pe. ori
From: Janis Kury [mailto:]Kury(aDgerstnerelectric.com]
Sent: Wednesday, July 12, 2017 7:25 AM
To: Redecker, Cindy
Subject: 2017 LED Streetlight Conversion Bid
Our sealed bid went to FedEx for delivery this morning 21 minutes before we were in receipt of Addendum 2.
Please accept this email as part of out bid acknowledging receipt of this addendum, which in no way will affect our
previously sealed bid.
Respectfully submitted,
Janis Kury
Vice President
GERSTNER ELECTRIC, INC.
2400 Cassens Drive
Page intentionally left blank
Company
ID Number: 175615
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 Gerstner Electric, 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 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 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).
Page 1 of 131E -Verify NIGH for EmployerlRevision Date 1029108 t� e - J
Company ID Number: 175615
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: Gerstner Electric, Inc:
6i4
��`;
,E -Verify.
a NpIIIII
Company ID Number: 175615
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: Gerstner Electric, Inc:
Marcia A Behrendt
Name (Please Type or Print),
Tttle
s
EectronicallySigned...
01/0512009
Signature. ... .;.: .....
Dake .. ..,.
Department of Homeland Security.= Verification Divisioh'_
USCIS Verificat(on Division
Naino (Please Type or Print); ,. -
I4 -
ElectronicallySryned':; .
01105!2009'
Page 91 of 131E -Verify MOU For EmployedRevlsion Date 10129108
..• yiEti`
-Verify'
SV SCF. _F J0.
Company ID Number: 175615
Information Required for the E -Verify Program
Information relating to your Company:
Company Name: Gerstner Electric, Inc,
Co,tap2€7y Facifity Address: 2400 Cassens Drive
MO 63026
Company Alternate
Address:
County or Parish: SAINT LOUIS
Employer Identification
Number: 430734078
North American Industry
Classification Systems
Code: 2$8
Parent Company:
Number of Employees: 100 to 499
Number of Sites Verified
for: 2
Are you verifying for more than f site? If yes, please provide the number of sites verified for in
each State:
MISSOURI 2 site(s)
Fa '2 a' 13IGVeify M,01-1 for Employe-IRewslon Date '10129IDS _
E -Verify. ---
Company ID Number: 175615
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name: Marcia A Behrendt
Telephone Number:
(636)680-5029 Fax Number: (636)680-5079
E-mail Address:
mbehrendt@gerstnerelec,com
Name:
Eric 5 Olson
Telephone Number:
(636) 680 -5041 Fax Number. (636) 680 -5091
E-mail Address:
eolson@gemtnerefee.com
rs0or 13 of lsJC-Verily NIOU bi EtrployeijRev nn Deis 10/20/03
EXIUBIT
AFFIDAVIT OF OSHA TRAINING
COMES NOW Namo) Janis Kury as (Ogg,1,1) Vice President
of (Company Name/Coataaor) Gerstner Electric, Inc. and first being duly sworn, on
my oath, affirm in connection with the contracted services related to 2017 LED (Pro �ct Name)
Streetlight Conversion
for the duration of the contract, as follows:
1. Contractor shall provide a ten (10) hour Occupational Safety and Health
Administration (OSHA) construction safety program for all employees who will be on-site at the
Project The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of 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 commences, as required by Section
292.675, RSMo_
3. Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site without documentation of the successful completion of a construction safety
program shall be required to produce such documentation within twenty (20) days, or will be subject
to removal from the Project
4. Contractor shall require all of its Subcontractors to comply with the requirements of
Section 292.675, RSMo,
S. Contractor aciniowledges that pursuant to Section 292.675, RSMo., Contractor shall
forfeit to City as a penalty two thousand five hundred dolls= ($2,500.000), plus one hundred dollars
($100.00) for each ou-site employee employed by Contractor or its Subcontractor, for each calendar
day, or portion thereof; such on-site employee is employed without the construction safety training
required in Section 292.675, RSMo.
6. Contractor acknowledges that violations of Section 292,675, RSMo, and imposition
of the penalties described therein shall be investigated and determined by the Missouri Depamnent
of Labor and Industrial Relations.
7. Contractor acknowledges that in the event that the Missouri Department of Labor
and Industrial Relations has detemuned 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 making payments to Contractor under this Contact.
xUR3'HFa AFFLA TI SATTH NOT.
IN AFFIRiVIATTON THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
GERSTNER ELECTRIC, INC.
(varve of cospozation) -
BT. + �/
(vameof�tpo . aavd dde)Janis Kury, Vice President
Secretary (\q�pttiHlldf(}yf*/,
CY
)
S801JRI o sr Louis
On rbis 12th day of July 20 9? before me appeared Janis Kury
to mepersonally known, who, being by me duly sworn, did say that he/she is the Vice President
of Gerstner Electric, Inc. a Miissoud 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, T have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missocir, the day and year first above written.
U&P 1
Notary pub
My Commission Expires_
February 14, 2019
CHERYL J. GABRIAN
NOTARY PUBLIC - NOTARY SEAL
STATE OF MISSOURI
ST, LOUIS COUNTY
MY COMMISSION EXPIRES FEBRUARY 14, 2019
COMMISSION #15009549
EXHIBIT
AFFIDAVIT OF WORKAUTF-ZORIZAT-10N
CO_tvfES NOW (Name) Janis Kury as (pffiee ge,d) Vice President
of (Company Name/contactor) Gerstner Electric, Inc. and fust being duly swom, on
my oath, affirm as follows:
i. fComnaav Name/Contractor) Gerstner Electric, Inc.
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) 2017 LED
for the duration of the contract in accordance with k35Mo Chapter 285.530(2). Streetlight Conversion
2 I also affirm $ at (Company Name/contactor) Gerstner Electric, Inc. does
not and will not knowingly employ a person who is an unauthorized alien in connection with the
contract services related to (Pro)ectName) 2017 LED Streetlight Conversion Project for
the duration of the contract
3. Attached hereto is documentation affirating Contractor's enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
FURTHERAFFIANT SAiTH NOT,
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
GERSTNER ELECTRIC, INC.
(name of corporation)
( of officer of corporate n 6d title) Janis Kury, Vice President
TTEST:
S e (or other officer)
S1,N,ER
STATE OF MISSOURI )
ST LOUIS ) as.
COUNTY OFr'hD.�+'='roavncerr )
On this 12th&y of July 20 17 before me appeared Janis Kury
tome personally known, who, being by me duly sworn, did say that he/she is the Vice President
of Gerstner Electric, Inc. 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 office in Cape Girardeau, Missouri, the day and year first above written.
Notary Public
J. GABRIANMy Commission Expires: -NOTARY SEAL MISSOURI COUNTYFebruary 14, 2019 EmQ
ES fE6RUARY 14, 2019N #15009549
b 2017 LED Streetlight Conversion Project
Project Number
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 embezzlement, 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 1817SC See. 1001, a false
statement may result in a fine of up to $10,000 or imprisonment for up to five (5) years or
both.
Janis Kury, Vice President
Typed Name & Title of Authorized Representative
CIL�(c 7/12/2017
Signature of Authorized Repr ntative Date
❑ I am unable to certify to the above statement. My explanation is attached
Page intentionally left blank
Bid Bond
CONTRACTOR:
(Name, legal status and address)
Gerstner Electric Inc.
2400 Cassens Dr.
Fenton, MO 63026
OWNER:
(Name, legal status and address)
City of Cape Girardeau
401 Independence Center
Cape Girardeau, MO 63703
Document A31OTM - 2010
Conforms with The American Institute of Architects AIA Document 310
SURETY:
(Name, legal status and principal place of business)
Western Surety Company
333 S. Wabash Ave.
Chicago, IL 60604
Mailing Address for Notices
BOND AMOUNT: Five Percent of Amount Bid
PROJECT:
(Name, location or address, and Project number, if any)
2017 LED Street Light Conversion Project
This document has important
legal consequences.
Consultation with an attorney is
encouraged with respect to its
completion or modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period
as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with
the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt
payment of labor and material famished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of
this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The
Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the
bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been famished to comply with a statutory or other legal requirement in the location of the Project, any provision in
this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confo7i,W9it6S Pk,
statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this*%thRI&e�cp y}ed
as a statutory bond and not as a common law bond. �i�
Signed and sealed this 12th day of July 2017 CO/� �on
:re
= n- .M
-t (Principal) %� (�Qg ,••,\�
(Witness'`'`-
Page intentionally left blank
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Gregory L Stanley, Michael T Reedy, Theresa A Hunziker, Gary L Rick, Don K Ardolino,
Brandi L Bullock, Kim Connell, Timothy E Griffin, Joel Karsten, Cindy Rohr, Karen
Speckhals, Christopher J OHagan, Individually
of Saint Louis, MO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
6nnde nndrrtakinoc and other nhli .to, instruments of similar nature
STATE OF MISSOURI
SS:
COUNTY OF CITY OF ST. LOUIS
On JULY 12, 2017 before me, a Notary Public in and for said County and State, residing therein,
duly connnissioned and sworn, personally appeared THERESA A. HUNZIKER
known to me to be Attome,y-in-Fact of WESTERN SURETY COMPANY the corporation described in and that
executed the witbin and foregoing instrument; and known tome to be the person who executed the said instrument on behalf of the said
corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WFIEREOF, I have set may hand and affixed my official seal, the day and year stated in this certificate above.
JENNIFER E. RU
Notary public- Notary Seal
STATE OF MISSOURI
My ConissionExpir St. Louis City
Commission 4 15152615 NOT LIC
the above instrument; mar ne xnuws u.c rico. v, .,...,......r.,......,.., _._ __
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires J. MOHR �#
xvnwrwauc {5 •-/ / �72�- V
June 23, 2021 spa 8gn"o`MO1"
wr.e+wv+..wNwv..wr
J. Mohr, Notary Public
CERTIFICATE N
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By Law of the eorpomtiogpdirrteverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this,'V , X2�TH d4oiT JULY 2017
R yi�
X
cid s�y w? a
Fonn F4290-7-2012
STERN SURETY COMPANY
L. son Assistant�Secretary
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile,
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Street Centerlines
N Electric Conduit
Voltage
240
480
El Electric Power Supply