HomeMy WebLinkAboutRes.3094.07-24-2017BILL NO. 17-105 RESOLUTION NO. .3 O9 t
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH NIP KELLEY
EQUIPMENT COMPANY, INC., FOR THE LEXINGTON
AVENUE IMPROVEMENTS 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 Nip Kelley Equipment Company, Inc.,
for the Lexington Avenue Improvements 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
PASSED AND ADOPTED THIS" DAY OF
CITY OF CAPE GIRARDEAU
LEXINGTON AVENUE IMPROVEMENTS
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
2016 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and Nip Kelley Equipment Co., 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 location of the work under these Contract Documents is on Lexington Avenue
from Sherwood Drive to Cape Rock Drive. The improvements consist of patching the
existing concrete roadway where necessary, placing and compacting new hot mix asphalt
to result in a 2 inch overlay within the project limits, construction of new sidewalk on the
north side of the street, removal and replacement of portions of driveways and curb and
gutter, and adjustment of existing utilities and manholes, all as described in the Contract
Documents and Plan Sheets.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within 270 calendar days after the date when
the Contract Times commence to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph
14.13 of the General Conditions within 300 days after the date when the Contract Times
commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
A-1
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 One Thousand dollars $1,000.00 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 One Thousand Two
Hundred dollars $1,200.00 for each day that expires after the time specified in paragraph
3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: Seven -hundred twenty-one thousand five hundred
ninety-eight dollars and fifty-five cents ($ 721,598.55)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
I�
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 characterand
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case,
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
95% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, as agreed to by the OWNER and CONTRACTOR, in
an amount sufficient to increase total payments to CONTRACTOR to 98% of the Contract
Price (with the balance being retainage), less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General
Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in paragraph 8) and the other related data identified in the Bidding
Documents, including "technical data".
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.
A-3
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. CONTRACTOR acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, 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 7 inclusive).
8.2 Exhibits to this Agreement (pages BF- 1 to BF- 9 , inclusive).
I'
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 Lexington Avenue Improvements-.
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 9, inclusive) marked exhibit "A" .
8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and
participation in a federal work authorization program with respect to the employees
proposed to work in connection with the services requested herein by 1) submitting a
completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing
documentation affirming the bidder's enrollment and participation in a federal work
authorization program with respect to the employees proposed to work in connection with
the services requested herein.
8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to
_, inclusive).
8.13 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
GE,
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.
on
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 , 20_ (which is the
Effective Date of the Agreement).
OWNER City of Caoe Girardeau CONTRACTOR NO Kelley Equipment Co.. Inc.
Attes �
ruce Taylo , eputy 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 6kJ greement
Attest bi&A
4/1 kti
Address forgiving notices
41 North Sprigs Street
Caoe Girardeau, MO 63701
License No. I UO3
A-7
Agent for service of process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
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Exhibit A
CITY OF CAPE GIRARDEAU
LEXINGTON AVENUE IMPROVEMENTS
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The location of the work under these Contract
Documents is on Lexington Avenue from Sherwood Drive to Cape Rock Drive. The
improvements consist of patching the existing concrete roadway where necessary, placing
and compacting new hot mix asphalt to result in a 2 inch overlay within the project limits,
construction of new sidewalk on the north side of the street, removal and replacement of
portions of driveways and curb and gutter, and adjustment of existing utilities and
manholes, all as described in the Contract Documents and Plan Sheets.
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 OWNERS 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: (List Addenda by Addendum Number and Date)
A rJr9Pnr1iiM #1 - 7 1-0, 3017
ADDENDUM One
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 complete for BIDDER'S
purposes. BIDDER acknowledges that OWNER and Engineer do not assume
responsibility for accuracy or completeness of information and data shown or indicated in
the Bidding Documents with respect to Underground Facilities at or contiguous to the site.
BIDDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions andprograms incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid forperformance and furnishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work for which this Bid is submitted.
Any questions, comments, or concerns regarding the design of this project should be
addressed to Jake Garrard, E l., City of Cape Girardeau at 573-339-6327.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation; BIDDER has not directly or indirectly
ADDENDUM One
BF -2
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.
• httA://www.uscis.gov/portal/site/uscis
(j) 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 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.
ADDENDUM One
BF -3
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
UNIT PRICE BID
NO
ITEM
UNIT
EST. UNIT PRICE
QTY.
TOTAL EST.
PRICE
1
Tree Removal
Each
1 $ 9 ja.no
n
$ % 0�)
2
Unclassified Excavation
LS
1 $ 0 7o - 610
�y5,,),
�—
$ 6 . ri o • 0. -)Remove
3
and Replace
Driveways-7in, PCC
SY
4
845 $_�`
$ 0 30
Pavement
4
Remove and Replace Street
SY
3946 $ o
/,
$ % r '
Pavement
5
Bituminous Pavement
Ton
1424 $
$ 11
Mixture — BP -2
6
Liquid Asphalt (Tack Coat)
Gallon
1060 $JL
$ a 3(�•OD
7
Remove and Replace 8in.
SY
5.8 $
Concrete Median Strip
8
Remove & Replace 4in Thick
SY
1435 $
$ (� 60
Concrete Sidewalk
9
Remove &Replace ADA
Curb Ramp
Each
11 $�
$ �a 3ao •Or7
10
Remove & Replace Curb
LF
5702 $ 00
$ 3/
and Gutter
11
Adjust Manhole•or Inlet to
Each
15 $ 500,00
$ 7d0
Grade
12
Inlet Lid Replacement
Each
12 $_ 000 . 2
$-4J2 00'�
13
Temporary Traffic Control
LS
1 $-q-75--o
$ 4,4 75,0Z)
14
Mobilization
LS
1 $_/// &MO—
$ OQ.0Z7
15
Pavement Marking — Type 2
Preformed Marking Tape —
Each
1 $.d r
$
Left & Right Arrows
16
Pavement Marking-4in.
LF
67 $
$ L 3q.
White Waterborne
17
Pavement Marking — 4in.
LF
5033i
$
D S
$ /
Yellow Waterborne
18
Pavement Marking -24tH.
White Waterborne
LF
120 $
$ Uz7
l
19
Pavement Marking —
Marking Tape — Shared Use
Each
18 $—/,. QQ
Arrows
ADDENDUM One
BF -4
20 Coldmilling Bituminous SY 455
Pavement (3in. thick or less)
21 Seeding — Cool Season Acre 1
Mixtures
22 Curb Inlet Check Each 6
23 Temporary Seeding and Acre 1
Mulching
24 Solar LED Flashing Beacon LS 1
25 Remove and Relocate Sign Each 1
Reconnect Private
26 Downspout to Pop-up Yard Each 6
Drain
27 Street Removal SY 580
28 Aggregate Drive SY 20
29 Mailbox Relocation Each 15
30 Oversize Inlet Adiustment Each 6
and Lid Replacement
TOTAL BID FOR ALL UNIT PRICES
$ /W
$-��J
$6�oo.CIO
$ —oaoov
$ aSol,
$
$ DD -UD
$
$.o��a
$go.0.y
$
$ l
$(%C�
$
$ Ee-0, �1
$
$ 100. (�
$ d, I �D-OD
$ �iO g0°2
$_
(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
ADDENDUM One
BF -5
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.
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 Statement with supporting data.
8. Communications concerning this Bid shall be addressed to:
Name Vince Kelley
Address 41 North Sprigg St., Cape Girardeau, MO 63701
(a) Performance and Payment Bonding Company
Name Merchants Bonding Company
Address 6700 Westown Parkway, Des Moines, IA 50266
Agent\Power of Attorney Name (if used) Donald L. Wasoba
Address 22 Avacado Tree Circle, St. Peters, MO 63376
ADDENDUM One
BF -6
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 2017.
State Contractor License No. 0010575
IF BIDDER is:
An Individual
By
doing business as
Business address:
Phone No.:
A Partnership
By
Business address:
Phone No.:
A Corporation
By Ni
Jan
(Individual's Name)
(Firm Name)
(General Partner)
(Corporation Name)
iri
xe1leState 'f Incorporation)
N e of Authorized to Sign)
,a
( itle)
VDUM One
BF -7
EAL)
(Secretary)
Business address: 41 North Sprigq St.
Cape Girardeau, MO 63701
Phone No.: ( 573) 334-0553
Date of Qualification to do business is January 1974
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
ADDENDUM One
BF -8
BREAKDOWN OF WORK FORCE (Required):
The Contractor shall be registered with the Missouri Secretary of State in order to work on
this project.
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
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)
Cotner Electric Electrical
Midwest Painting & Wallcovering Pavement Marking
Apex Pavi
* All subcontractors shall be registered with the Missouri Secretary of State in order to work
on this project.
ADDENDUM One
BF -9
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,,,,;,E -Verify,
A EexviCe 4t
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 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 "FedFral 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
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 f af 1 1E i v Moo for Fmployerjnevis r. Daae I0,2O,!p8 , . -
Fir -
Verify
Company ID Number: 211166
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)
Eiectronica/fy Sighed_ a5/O5/2_O_O_9_
Signature Date
Department of Homeland Security - Verification Division
USCIS Verification Division
Name jP.easa Tape or Print)
E/ectronica/1/ Signed 05/05/2009
Signature Date
Page 11 of ME-Ve le MOUlb EmplayerjRemsio0 Daie 10l29;'08
t SIr:U
1101
G�{rtn4
-V¢R3 6 T
to
9eRa2Ce OF oYA
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)
Eiectronica/fy Sighed_ a5/O5/2_O_O_9_
Signature Date
Department of Homeland Security - Verification Division
USCIS Verification Division
Name jP.easa Tape or Print)
E/ectronica/1/ Signed 05/05/2009
Signature Date
Page 11 of ME-Ve le MOUlb EmplayerjRemsio0 Daie 10l29;'08
E VeriFy
Company ID Number: 211168
Information Required for the E -Verify Program
Information relating to your Company:
Company Name: Nip Kelley Equipment Company, [no.
40 i
n� nC 4
%il 1
VtlFIPV I9 T
SYFV. a tlXfi
Company Facility Address: 41 North Sprigg --.--- ,— --T
Cape Girardeau. Md 63701
Company Alternate
Address:
County cr Parish: CAPE GIRARDEAU
Employer Wentification
Number: 4311086200
North American Industry
Classification Systems
Cede: 237
Parent Company: Nip Kelley Equipment Company. Inc.
Number of Employees: 20 to 99
Number of Sites Verlfiad
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 sites)
Page 12 of 13!fE VerBy MOU fo-6nployerjge;J8ion Date 10,'29/U8
idf'f�
,."SVerify
s„P oxo
Company ID Number: 211166
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name: Steel L Pepple
Telephone Number: (573) 334 - 0553 Fax Number: (573) 334 - 2025
E-mail Address: 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 0(13 E-VVeity NICU for 6nployerlRe-66on Dave ip 29108
EXHIBIT
AFFIDAVIT OF OSHA TRAINING
COMES NOW (Name) Vince Kelley as (Office Held) President
of (Company Name/Contactor) Nip Kelley Equipment Co., Iatd first being duly sworn, on
my oath, affirm in connection with the contracted services related to Lexington Avenue
Improvements (project Name) for the duration of the contract, as follows:
L 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 ptogram as requited by
Section 292.675, RSMo.
2. Contractor shall requite its on-site employees to complete a construction safety
program within sixty (60) days after the date work on the Project commences, as requited 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 tequited to produce such documentation within twenty (20) days, or will be subject
to removal from the Project
4. Contractor shall requite all of its Subcontractors to comply with the requirements of
Section 292.675, RSMo.
S. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall
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 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 Department
of Labor and Industrial Relations.
7. Contractor acknowledges: tbat,in_ the event that the Missouri Department of Labor
and Industrial Relations bas determined that a 'violation of Section 292.675, RSMo., has occurred
OSHA -1
and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and
owing when malting payments to Contractor under this Contract
FURTHER AFFIANT 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.)
M
Nip Kelley Equipment Co., Inc.
(name of
(name of offic oration and
Vince Kelley, Pres*
TRI )
as.
GlIU RDEAU )
On A s &B —day of 2017, before me appeared iyjrt Kt (1 t
to Inc ersonallknown, who, being by me duly sworn, did say that &/she is the ✓ ` {-
of IV /lf a Missouri Corporation, and that the seal affixed to the
foregoing ms t isis the I 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, Missouti, the day and at first above written.
Notary Public
�IYP STACII.PEPPIE
My Commission Expires: '2'n: MyCanmi�onExPees
*: *= February9,2921
SEAL
CwMw #13434217
OSHA -2
EXIBBIT
AFFIDAVIT OF WORKAIMWRIZATION
CONES NOW (Name) Vince Kelley aspfHceHeld) President
of (CompaayName/Contractor) Nil? Kelley Equipment Cn - ., first being duly sworn, on
my oath, affirm as follows:
1. (Company Name/Contactor) Nip Kelley Equipment Co., Inc.
is enrolled and will continue to participate in a federal work authotization program in respect to
employees that will work m connection with the contracted services related to (Project Name)
Lexington Avenue Improvementsfor the duration of the contract in accordance with. RSMo
Chapter 255.530(2).
2. Ialso affitmthat (CompanyName/Coutractor)Nip Kelley Equipment Calors Inc.
not and wR not knowingly employ a person who is an unauthorized alien in connection with the
conttactsctvicesrelatedto(PtojectName) LOxington Avenue Improvements for
the duration of the contract
3. Attached hereto is documentation affirming Contractor's entollment ; and
participation in a fedetal work authorization ptogram with respect to the employees working in
FURTBFR AFFIANT SAITB NOT,
IN AFFIRMATION THMOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing ate subject to the
penalties provided in Section 575.040, RSMo.)
Nip
(name of
Ay Equipment Co., Inc.
came of ofil= of corpora ' + and title)
Vince Kelley, Oeside
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GMARUEAU )
On this 15 -41 day of 20f before me appeated Viyi tt i� I(Ij
to me personally known who, ba by me duty sworn, did say that Oahe is the VV.(� i G�GR
Of G? � Ur Missouri Corporation, and that the seat affixed to the
foregomg instraulent is &e seat of said Cotpotation, and that the said instrument was sighed and
seated 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 Cotporation.
IN TESTIMONY WHEREOF, I have heteunto.set my hand and affixed my official seat, at
my office in Cape Girardeau, Missouri, the day and year first above written.
My Commission Expires:
F�t6 a. DJA l
Notary Public
STACI L PEPPLE
: 2�pPY.
•NOM."
My Cmalssion Fxores
.t-
February 9, 2021
sea cou*,
J
ComWoobn#13434217
My Commission Expires:
F�t6 a. DJA l
Notary Public
CITY CAPE
G I R A R D E A U
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 18 USC 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.
Vince KeXley President
Typed Name Title�of Authorized Representative
7/12/17
Date
0 I am unable to certify to the above statement. My explanation is attached.
Page intentionally left blank
PENAL SUM FORM
SUB.STK(TlamaaedAddresseCPriaclp PlaneofBuriResr3
aw
PM DUE DATE: Julv 121, 2017 ..
PROJECT ~9=44fan IM)WI.0 )o nj.
Lexington Avenue_ Improvements__
BOND. - —
BOND NUMBER: N/A
DATE: (Not 1aw d+aa Bid Due DrrW -UlLy
PMiAL SUM: Five Percent of; � UnAmo t Bia o i
IN WITNESS WFiMMP, Surely and Ridder, intending to be legally bound hereby, subject to the terms
printed OR dw reverse Side hereof. do each cause dik Biot Band to be duly executed go its behalfby in
amLorkwd officer, agar, or repmseptague. I
=I-
NIP KUZW E=PNENTT COMPANY, 11CZSeal)
9iddEt's Name and (:nrpopie Sesi
to be =W for giv4 requiged wake_
e to Bidder, Surety, Owner orothwWty eb&abo considered plural where
., akccumta, ad�•J�nY add savtraBX.lmld
thermdv thwr
tnirrisaaansaeceaaars And aaaipns>a PW
io
owwupon defiult of aid t" t>u penal sum Bet tardt on the We,
of thli Bond,
1, Default ofBiddcr shall occur open the failure of Bidder to
deliver within the lithe requited by the Bidding Daeunrttrt the
ettautad Agumaitut requited by the Bidding lbcran As and Boy
Pe+farmagceInd paymivd bonds required by the Bidding
Dooumenu and Contract Docamt als.
3. This obligation shalt be apll and raid jr..
3.l Owner Accepts Biddeet bid mud Bidder delivers within
the time required by the Bidding Dactnneau (or any
exhnsittu tbmeaf agreed to in writing by Owner) the
executed Areetnent required by the Bidding
decammLS ami vey pedhu to m and payrriad boo&
*egW,td by she Bidding r4 mautt and Contract
Cacutnentt. or
32 All bids are rcjaared by Ovmer, or
33 Owterteits misaoe a notice ofaward td Bidderwithin
the dare specified th the Bidding Dominerws (Brady
extension thetetagtaed to in writing by Bidder ad. it
applicable. cnntehbW m by Surety when required by
Paragraph 5 heroot)
4. Of znd Paynxnt dcr this Bead will be due and PMble upon dePAult
witltta 3o calendardops alter teedipt by piddar and
Sweryaf written notice of default from Owner. which noire will
begiven with reasdnabk Pmmpttws, id sifyinguris.Fondand
dee Project and includibg namtartxttt of the mourn; due.
5. Surety waives notice of and any and all defansa t Aed en or
ansiag wt of any time extanrton la issue notice ofnward egmw m
in writing by Omer and Bidder, provided tharthe time for itauing
Rica of swerd including exrensims shalt not in the agletefAw
exceed 120 days from Bid Dau Dar withA,,Sutaty'swrinen
constoL
6. Ne suit or action shall be caa=fteed under this Bond prior to
30 eWmdardays aRa the norice Ofdchuit required in 17312812ph 4
abava is received by Bidder ad Surety, and in no case Tatar than
On* Year atter Bid Due Date,
7. AnyatrrtoractionemdarrhiABondshal(beeatrntrttcedonlyin
a court of eantP%mt jurisdiction locate4 in thestate it which tba
Project iv toasted.
g' Notice required bereunderyltall be id writing sod sent m Bidder
And Surety et their respecdve Otirmet ahowa on the fate of this
Bond_ Such cod= stray be sent by persons$ delivery, commercial
eotuirrar by United Stars Regicreord at Certified MBD. tenon re.
aeipt requtsrrd, PostageP'c'patd And shall be deepKd to be
afTective 41100 reeaipt by the Paw ca"and,
A. Sumty shalt eauee to be Attached tvthis Bond b Carred[ and
ct%edve Power ofAttorney evideneiog tba authority of am o6iecr,
egenr or faprasanWive who executed this Bond on bandrefSaruty
to execute veal Ana delver suck Band Md `uind the SKM thereby.
to. This Bond it itdgidad m adafatm m all appli mbk nd mTy
WWftMM AOY ban�dnuplkabk
xrr"quht0ie°tof�Y la
included herein as ifsai firth at lenft
ft 9W be to he
yprovision efthe
EJCDC ice, 1910-2BC(19SOEdbon) BB -2
B°°de°pQip'tyyffi Cry npptitaeblaptovialgt ofany apPl&abk
✓�S that the peadtihh ofaai4 s4ate sbaB l; utdthe
tmot�er oftlaa &>Hd Hutu trot in cWttActtAdewidtslall
cantinbe is fv31 sbtro mrd clixt.
I I. h'ro tarn "bid" as used herein includes a bid, offeror ptvpes31
at apPticable.
ERCiAi`�T S�
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
--.1WW true and Iawful.Aftorney(s),in-Fact, _to lin ,its -name as surety{ies). and,to execute, seal and. acknowledge any and all bonds, urtdeitakings,
contracts and ciber w itten instruments in the nature 'thereof, on behalf of the :Companies in -their -business of -guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -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 amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice 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, recognizances, contracts of Indemnity and other writings.obligatusy in the nature thereaf."
'The signature off any authorized, offbeeramd She sea -of tF a Company, may affixed by facsimile or electronic transmissionlen any Power ofAttorney
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, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond. _
In connection with obligationsin.favor of. the.Kentucky.Department of. Highways only, i0s agreed thatthe power and authority:herebygiven
to the Attorneyin Fact.�cannot be -.modified=. revoked unless prior written personal notice.of such intent has been given to theCommissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this
........... _ •^
5th day of April , 2017
.'p�t :;q•, MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANT NATIONAL BONDING, INC.
5. 1938 act: By..
\1,•Pre
sident
STATE OF IOWA "'..."" ...... •
COUNTY OF DALLAS as.
On this this 5th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of 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.
4��'1 s AL(CTAK:GiRAM
z° n Commission Number767430
My Commission Aires
April 1, 20200 �•�•7�•x•�w-e,• ``
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Cc
force-andeffecrand'has mst'been.amended'arrevoked:' ..
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on tl
full
xjkG Co
2 2 _o gyp':v _ F, 2 a M.
fTl¢t`y� fs`rFrr1/.
a - .x. M.3:
r �' • a'
1933 ; ti ; Secretary
ty 2003
POA 0018 (3/17) "" •.
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