HomeMy WebLinkAboutRes.3111.09-18-2017BILL NO. 17-146 RESOLUTION NO. 3 111
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THOMAS INDUSTRIAL
COATINGS, INC., FOR THE SOUTHERN EXPRESSWAY
AND LYNWOOD HILLS BRIDGES REPAIR 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 Thomas Industrial Coatings, Inc., for the
Southern Expressway and Lynwood Hills Bridges Repair Project.
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 4
-0 DAY OF hmw 2017.
Ha ry E. Rediger, Mayor
ATTEST:
&U(4n 1 kruce Tayeputy City Clerk
t
✓ r -
CITY OF CAPE GIRARDEAU
Southern Expressway & Lynwood Hills Bridge Repair
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the -CJ f� day of in the year
2017 by and between the ity Qqf C4p Girardeau, Missouri (hereinafter called OWNER)
an- �lrmtie►A�u2l'���" thereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
PROJECT IDENTIFICATION: The locations for the work to be performed under these
Contract Documents are the Bridge on Southern Expressway between Minnesota Ave
and S. West End Blvd; the Bridge on Lynwood Hills west of State Route W.
The improvements consist of milling off surface asphalt on the Southern
Expressway Bridge, half-sole repair, full depth repair, bearing, bents, beam cleaning and
re -epoxy, and asphalt overlay of the bridge deck. Lynwood Hills Bridge consists of bearing,
bents, beam cleaning and re -epoxy
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 Work will be substantially complete within 120 calendar days after the date when the
Contract Times commences to run as provided in paragraph 2.3 of the General Conditions,
and completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within 150 calendar days after the date when the Contract Times
commences to run.
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f � `
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 Nine Hundred dollars ($900.00) 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 Nine Hundred dollars
( 900.00 for each day that expires after the time specified in paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: One hundred sixty thousand two hundred forty six
dollars and zero cents ($160,246.00)
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.
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
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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.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in paragraph 8) and the other related data identified in the Bidding
Documents, including "technical data".
A-3
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. CONTRACTOR acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
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 acceptableto 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.
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Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7 inclusive).
8.2 Exhibits to this Agreement (pages BF- 1 to BF- 8 , inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of
pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55, inclusive). (EJCDC No. 1910-8 1990 Edition) .
8.6 Supplementary Conditions (pages SC -1 to SC -5 , inclusive).
8.7 Specifications bearing the title Southern Expressway and Lynwood Hills Bridge Repair.
8.8 Drawings.
8.9 Addenda numbers _ to _, inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 8, inclusive) marked exhibit "A"
8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and
participation in a federal work authorization program with respect to the employees
proposed to work in connection with the services requested herein by 1) submitting a
completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing
documentation affirming the bidder's enrollment and participation in a federal work
authorization program with respect to the employees proposed to work in connection with
the services requested herein.
8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
inclusive).
8.13 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
A-5
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.
09
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_!,7(which is the
Effective Date of the Agreement).
OWNER City of Cage Girardeau
Attest .d' 61yuce
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.
CONTRACTOR Thomas Industrial Coatings Inc.
f fy'
U9 I*Mks , PILU
By: l
CORPO TE SEAL]
Attest
Address for giving notices
2070 Highway Z
Pevely. MO 63070
License No. 00L0i1S
A-7
gent fo servic process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
Page intentionally left blank
"', TNOMAS
iNDUSTRlAL
Tuesday, September 26, 2017
City of Cape Girardeau
4011ndependence
Cape Girardeau, MO 63703
Project: Southern Expressway & Lynwood Hills Bridge Repair
Subject: Evidence of Authority to Sign
To Whom It May Concern,
Donald Thomas, signed here below, is the President of Thomas Industrial Coatings, Inc. and is authorized
to sign the attached contract with the City of Cape Girardeau.
I acknowledge that I am signin this Evidence of Authority Letter as a free act and deed of the
afori business en ' y and not under duress.
7�! 1 -1
-...
Affiant Signature
Subscribed and sworn to before me this 26th day of September 20 17 .
otar�c
My commission expires: December 25Th, 2018
DARA N,AUSLEY
Notary Public, Notary Seal
State of Missouri
Jefferson County
Commission # 14632252
My Commission Expires December 25, Ol 8
A CO.V1PLETE LVDL STRLAL CO.ATLYGS CO.YTR.ACTOR
DEDIC.-I TED TO SAFETY. QUALITY & EFFICIENCY
4A EQUAL OPPORTL AITY EMPLOYER
Paae I of 1
CITY OF CAPE GIRARDEAU
Southern Expressway & Lynwood Hills Bridge Repair
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The locations for the work to be performed under these
Contract Documents are the Bridge on Southern Expressway between Minnesota Ave
and S. West End Blvd; the Bridge on Lynwood Hills West of State Route W.
The improvements consist of milling off surface asphalt on the Southern
Expressway Bridge, half-sole repair, full -sole repair, bearing, beam cleaning and re -epoxy,
and asphalt overlay of the bridge deck. Lynwood Hills Bridge consists of bearing, beam
cleaning, and re -epoxy.
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 specked 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: (List Addenda by Addendum Number and Date)
ADV VDA V ti W 16111'1-1
(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;
BF -1
(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.
BI DDER has obtained and carefully studied (or assumes responsibility for having done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by BIDDER and safety
precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(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 or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
BF -2
(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/site/uscis
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") 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.
B1.)
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
TOTAL EST.
QTY.
PRICE
1 Milling Bridge Deck
SY
840
11
$ !`
$ 10, $0'i
2 Asphaltic Concrete
Ton
93
$ 11y 00
$ II
3 Half -Sole Repair
SF
700
$ yfr.3o
$ 12,110
4 Full Depth Repair
SF
100
$ S7•y5
$ *79s
5 Protective Coatings
LS
1
$_ 75,DZS'
$_ "%j025
6 Temporary Traffic Control
LS
1
$ �uo
$ 185,1650
7 Pollution Control
LS
1
7,%V
TOTAL BID FOR ALL UNIT PRICES$
1, 2% Qb
G'/✓f fjFM/0 `D S)XrY
;9ffiUJAr16
-A-V
f WOW F;9"
5m Do-,AEj
(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 120 calendar days
after the date when the Contract Times commences to run as provided in paragraph 2.3 of
the General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within 150 calendar days after the date when
the Contract Times commences to run.
mim
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 WILL Cum$
Address 2n10 f4WI 2 &CLC Mo 6UW
(a) Performance and Payment Bonding Company
Name I.W. Ti Riva -
Address 65 V&WL , 3w-ri ZOo ("coup. -Mo b1017
Agent\Power of Attorney Name (if used)
Address
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 �Pfsmnx S 2011.
State Contractor License No.
�Ze.?25--
BF-5
IF BIDDER is:
An Individual
By
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
By
(Finn Name)
(General Partner)
Business address:
SEAL)
EAL)
Phone No.:
A Corporation
By /AV901AL co**466 (SEAL)
(Corporation Name)
�j�JlSSoieRl a,tiA
(State of Incorporation)
By T(SEAL)
(Name of Person Authorized to Sign)
� t'h.SNtK r pR�S�oLNf
(Title)
1 6drpbrate Seal)
Attest
(Secretary)
Business address: INf/OVY t
/i¢iy, .►Oe (rwo
Phone No.: 4W-3Sft
Date of Qualification to do business is f/
BF -6
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
BF -7
BREAKDOWN OF WORK FORCE (Required):
The Contractor shall be registered with the Missouri Secretary of State in order to work on
this project.
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
?qv,,r-C71V- K
T
?,7kL N ?l *N Cp�tgRA[.
It is anticipated that the following subcontractors will be employed for work on this project:
*SUBCONTRACTORS:
(Name of Company) (Type of Work)
ASA / sma &LLA b 1 RAAW'r
PC gmus Ga✓4gt-rf , VAMR
* All subcontractors shall be registered with the Missouri Secretary of State in orderto work
on this project.
BF -8
Company ID Number: 860045
THE E -VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
E:
s
The parties to this agreement are the Department of Homeland Security (DHS) and the
Thomas Industrial Coatings (Employer). The purpose of this agreement is to set forth terns and
conditions which the Employer will follow while participating in E -Verify.
E -Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E -Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
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). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E -Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E -Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes.
3. The Employer agrees to grant E -Verify access only to current employees who need E -Verify access.
Employers must promptly terminate an employee's E -Verify access if the employer is separated from
the company or no longer needs access to E -Verify.
Page 1 of 17 E -Verify MOU for Employers I Revision Date 06/01113
MMA V
sri .
LE
Company ID Number. 860045
Approved by:
Employer
Thomas Industrial Coatings
Name (Please Type or Print)
Title
Kandi J Mensing
ignature
Date
Electronically Signed
03/10/2015
Department of Homeland Security — Verification Division
Name (Please Type or Print):ate
e
USCIS Verification Division
Signature
Electronically Signed
03/10/2015
Page 13 of 17 E -Verify MOU for Employers I Revision Date 06!01/13
v -
Company ID Number: 860045
Information Required for the E -Verify Program
Information relating to your Company:
ompany Name
Thomas Industrial Coatings
Company Facility Address
2070 Highway Z
Pevely, MO 63070
Company Alternate Address
County or Parish
JEFFERSON
mployer Identification Number
431635176
orth American I%ndustry
lassification Systems Code
238
Parent Company
Number of Employees
100 to 499
umber of Sites Verified for
1
Page 14 of 17 E -Verify MOU for Employers i Revision Date 06/01/13
Sys '
Company ID Number: 860045
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 15 of 17 E -Verify MOU for Employers i Revision Date 06101/13
Company ID Number: 860045
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name Christine E Rector
Phone Number (636) 475 - 3500 ext. 121
Fax Number (636) 475 - 3512
Email Address crector@thomasindcoatings.com
Page 16 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
MMA V
FA! r
Company ID Number. 660045
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Page 17 of 17 E -Verify MOU for Employers I Revision Date 08101/13
EXHIBIT
AFFIDAVIT OF OSHA TRAINING
COMES NOW (Name) Ql'r IVIV'"-t as (Office Held) P4P/ R IAW 109 ^1*r
of (Company Name/Contractor) INWAf 10b-IrR,f, 0"ViG5 and first being duly sworn, on
my oath, affirm in connection with the contracted services related to Sont'tliw $V0$Sw*'t '� LyV�►w•0
Wa$ POW P.itAW- (project Name) for the duration of the contract, as follows:
1. Contractor shall provide a ten (10) hour Occupational Safety and Health
Administration (OSHA) construction safety program for all employees who will be on-site at the
Project. The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of 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.
5. 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 that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred
OSHA - 1
and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and
owing when making payments to Contractor under this Contract.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filling are subject to the
penalties provided in Section 575.040, RSI01o.)
By:
tmWirmt44.16wnNK
(name of
(name of officer of corporation and title)
Doi► 1HO►S
CEJ rOtnT
On this 5 day o 2017, before me appeared 1. X�r)
to me personally known, who, being by me duly sworn, did say that he/she is the Pr e S i JLL4i T'"
ofd oryiCs DA,S W,4 I Ccc.-h n c41 , 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
My Commission Expires:
Q- 2-S-- L�
OSHA - 2
KIM DEGEARE
Notary Public, Notary Seal
State of Missouri
Jefferson County
Commission # 14632245
My Commission Expires December 25, 2018
EXHIBIT
IDAVIT OF WORK AUTHORIZATION
COMES NOW -Mt*,AS as Pfffica FW owlVER 1 At,>: iswr
of (Company Name/Contractor) 1%0/ Al Iffom ►ROL (4tholK and Eirst being duly sworn, on
my oath, affirm as follows:
1. (Company Name/Coauactor) 11 r*^ S IA-M%AL (cWTiNri
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) S—WKw
00—o awt 9&w* PemL for the duration of the contract in accordance with RSMo
Chapter 285530(2).
2. "..I also affirm that (Company Name/Contcactaaj TUMM U9AM at. &%ynAf&$ does
not and will not knowingly employ a person who is an unauthorized alien in connection with the
contract services related to (Pmject Name) JftftNr lq&Wv#M► i L*V*% t+4 $AM 14fA0 for
the duration of the coact
3. Attached hereto is documentation ai$mning Contractor's enrollment and
participation in a federal work autha =anon ptogram with respect to the employees working m
connection with the contracted services.
FURTHER AFFIANT SATIN 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.M, RSMo.)
17~- -L Mt / Xt r
(mniE of corpora ' )
By: �ilJ� ittosMt
(name of J50=01 of corpo
jlort 'jAWAAS
At
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this r411-1day of �I %- 20� befam me appeated o 4d
to me persoaa@y lalown, whn, being by me duly swom, did say that he/she is the re s i i�c n -t-
to)
'?�±�+�5 �11Jr �� ins) �o4�ux� t, a Missouri Corporation, and that the seal of XCd to the
foregoing instrument is the seal of said Corporation, and that the said instunnent was signed and
scaled in behalf of said Corporation by authority of its Board of Directors, and acl nowledged said
instrument to be the fire act and deed of said Corporation
IN TEKSTIMONY WHEREOF, I bane hereunto.set my hand and affixed my official seal, at
my office in Capc Grirwdeau, Missouri,- the day and year first above wxitten.
My Commission Eaires:
Notary Public
KIM DEGEARE
Notary Public, Notary Seal
State of Missouri
Jefferson County
Commission * 14632245
My Commission Expires December 25, 20111
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 Sec. 1001, a false
statement may result in a fine of up to S 10,000 or imprisonment for up to five (5) years or
both.
boa (AWAY - Ow (rasr�o r
Typed X11 -nae of A Representative
Signature o uthorized R presentative Date
r
❑ 1 am unable to certify to the above statement. My explanation is attached.
Page intentionally left blank
�rA.lA Document A310TM - 2010
Bid Bond
CONTRACTOR:
(Name, legal status and address)
THOMAS INDUSTRIAL COATINGS, INC.
2070 Highway Z
Pevely, MO 63070
OWNER:
(Name, legal statics and address)
City Of Cape Girardeau
104 Independence Street
Cape Girardeau, MO 63703
BOND AMOUNT: Five Percent of the Amount Bid
Q1r111 4-111
(Name, legal status and principal place of business)
This document has
North American Specialty Insurance Company
Important legal
P.O. Box 2991
consequences.
Overland Park, KS 66202
Consultation with an
attorney is encouraged
Mail Notices To:
with respect to Its
North American Specialty Insurance Company
completion or
modification.
P.O. Box 2991
Overland Park, KS 66202.1391
Any singular reference to
Contractor, Surety,
Owner, or other party
shall be considered plural
where applicable.
------------- dollars ($ 5% of Amount Bid)
PROJECT: Southern Expressway & Lynwood Hills Bridge Repair
(Name, location or address, and Project mrmber, if any)
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 furnished 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 furnished 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 conforming to such
statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond
Signed and sealed this 6th da of September, 2017.
Wf iness) Amanda L Williams, Wfbmw
TCi4M
(Principal) (Sea%j '
(Tlwe) �rofivr owNLR
a rr t
(Sur+ety) f (Seal)
(rd )And y ry -Fact -
Intl AIA Document A310TM— 2010. Copyright 401963,1970 and 2010 by The American Institute ofArchitects. All tights reserved. WARNING: This
AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA
Document' or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum exterit'possible under
the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract .
Documents, e-mail The American Institute of Architects' legal counsel, copvrlght®ala oro. osrtto'.' "
State of Missouri
County of St Louis
On 9/06/2017, before me, a Notary Public in and for said County and State, residing therein, duly
commissioned and sworn, personally appeared Andrea McCarthy Imown to me to be Attorney -in -
Fact of
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me
to be the person who executed the said instrument in behalf of said corporation, and he duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
YAal"
Amanda L. Williams, Notary Public
=GAIL AWAMS
Notary Public — Notary Seal
state of Missouri, S. Louis County
Commission # 13507257
My My Commission Expires: Commission Expires July 24,2021
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
ANDREW P. THOME, DANA A. JOHNESSEE, PETER J. MOHS, AMANDA L. WILLIAMS,
DEBRA A. WOODARD, BARBARA BUCHHOLD, MICHAEL D. WIEDEMEIER and ANDREA MCCARTHY
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contrails of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of FIFTY MILLION (550,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9h of May, 2012--
.'RESOLVED,
012"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company, and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
µtllxrn
B
2 SEAL ,�„ c 'stereo P. Anderson, Smiwr Vice President of Washington taternalimfl insurance Company zz'SEK* i .
rIIrJ �-70, t Senior Vice President of North Americo Spwhft to waaee Company 6� sen
`t+M� � . lwla� By
Michael A. rsaSaror Vier Freadens at wasningtonlaftnuitiondampaoy
& sed- view Pwerident of I%Ab Amedm Spu4hy lruora.ee Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be herramto affixed, and these presents to be signed by their authorized officers this 2nd day of February , 2017
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss'
On this 2nd day of February , 2017, before me, a Notary Public personally appeared Steven P. Anderton Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito ,
Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance
Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
OFFIM SEAL
M irkxwu
NOTARY p08tdC, RLwa 5
WCOM1tt SM llt 017
h& Kenny; NntWy Public
I, Jeffrey Goldberg the duly elected Assistant Secretary `:of North American Specialty Insurance Company and Washington
Internatiorml Insurance Company, do hereby certify that the above and foregoing as"n,trlie and coir�ct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington Intemationaf tn5vranue Witi is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6 day f'Sept ember , 20 17.
' leBcey Gotdhem Vice President k AnWont sevdarc of
wn')w" lolenwiood Insurance Cmapnny & North Anuhmn Spedalh In wwm rompom.
4 . .
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