HomeMy WebLinkAboutRES.2701.07-02-2012 BILL N0. 12-86 RESOLUTION NO. ���-�'"/
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH NIP KELLEY
EQUIPMENT COMPANY, INC, FOR THE MAIN STREET
OVERLAY PROJECT, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE l . 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 Main
Street Overlay Project, in the City of Cape Girardeau, Missouri .
A copy of said Agreement is attached to this Resolution and made
a part hereof.
� DAY 0 F °..� -E� , 2 012 .
PASSED AND ADOPTED THIS ��
Harry E. Rediger, Mayor
ATTEST: �� GIRq,�q,
' �� ���
O�' r� �G
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�L �— � �'
;� �
ayl L. Conrad, Cit B e �� `� C
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*T E UIYiON �'
S�L �
ADD One
CITY OF CAPE GIRARDEAU
MAIN STREET OVERLAY
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the �� day of Lr� in the year
2012 by and between the City of Cape Girardeau, Missouri (hereina er called OWNER)
and Nip Kelley Equipment Company, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The Improvement consists of resurfacing the existing pavement on Main
Street from Broadway north approximately 1800 lineal feet. The existing
surface will be removed by milling 2 inches off of the existing pavement and
adding a new surFace by placing and compacting 2 inches of new hot mix
asphalt (MoDOT BP-2). In addition to the resurfacing, work will include
repair of inlets, street patching, additional drainage facilities, sidewalk,
driveway, curb and gutter replacements, utility casting adjustments, and
restriping the pavement. An ADD Alternate for decorative street lighting is
also included. This ADD Alternate is a design-build item requiring
engineering design, material purchase and installation to result in a complete
and operating street light system. All of the work is located in the City of
Cape Girardeau, Missouri.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially complete by November 01, 2012 and final
completion will be reached by February 01, 2013.
A-1
ADD One
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER wili suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Two Thousand dollars ($2,000.00) 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 Twenty Seven hundred
dollars ($2,700.00) for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
NOTE: Contractor shall commence work promptly and finish work for substantial
completion by November 01, 2012. Work measured and accepted for substantial
completion by this date shall be all concrete work, milling and overlay of the
pavement, backfilling, seeding and mulch per the plans and specifications.
Liquidated damages shall apply for substantial completion of this work beyond the
above date and shall be Two Thousand dollars ($2,000.00) per day until complete.
Final completion includes street lighting (if Alternate is accepted by the Owner),and
final paperwork required for contract closeout. If final completion is not achieved by
February 01, 2013, liquidated damages shall be Twenty Seven Hundred dollars
($2,700.00) for each day, and shall continue until final completion is accomplished.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: Two Hundred Ninety-eight Thousand Seven
Hundred Eiqhty Dollars and Eiqhtv-nine Cents ($ 298,780.89)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
A-2
ADD One
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR'S Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% 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.
90% (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, in an amount sufficient to increase total payments to
CONTRACTOR to 95% 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.
A-3
ADD One
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in
the Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in
or relating to existing surface or subsurFace structures at or contiguous to the site (except
Underground Facilities) which have been identified. CONTRACTOR acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the perFormance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
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
A-4
ADD One
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the
Contract
7.8 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- 11 , 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 Main Street Overlay .
8.8 Drawings.
8.9 Addenda numbers 1 to 2 , inclusive.
8.10 CONTRACTOR'S Bid (pages BF-1 to BF-11 , 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
ADD One
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 weekty basis; if no work was done,
then a payroll stating "No Work Done" must be submitted.
A-6
ADD One
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 ���. /� , 2012 (which is the
Effective Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTOR
Scott Me er ana er Ni Kelle ui ment Com an Inc:
By: By: " _
ti
,4,,��V.-�.,,� V�►�n c e.. � ll.e� , �
����� ''�"�� �O ATE SEAL] [CORPORATE SEAL] "
,,+: � .�� �;,` � -.
��
Atf�� �.:' ` ` � �� � Attest
` �' a le L. onrad, Cit Clerk
� i�,�,�.,�; v y � a►�k r�1,�,��s
� .,� :�;�
,� ,. � ��--
�. �\ �i., "` p �'.»y�.
� ``;, ,_,-;'`s,�ddress for giving notices Address for giving notices
401 Independence Street �� N;���tN` s �i� �� �—
Cape Girardeau, MO 63703 �����i �a�C�J(�� �� �3 ���
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
A-7
EXHIBIT "A"
CITY OF CAPE GIRARDEAU
MAIN STREET OVERLAY
BlD FORM
(EJC�C 1910-18) (1990)
PROJECT IDENTIFICATION: The Improvement consists of resurfacing the
existrng pavement on Main Street from Broadway north approximately 1800 feet. The
resurfacing wi/l consist of removal by milling 2 inches off of the existing pavement and
adding a new surface by placing 2 inches of new, compacted hot mix asphalt(MoDOT BP-
2). In addition to the resurfacing, work will include repair of inlets, street patching,
additional drainage facilities, sidewalk, driveway, curb and gutter replacements, utility
casting adjustments, and re-striping the pavement. An ADD Alternate for decorative street
lighting is also included. This ADD Alternate is a design-build item requiring engineering
design, material purchase and installation, to result in a complete and operating street light
system. All of the work is located in the City of Cape Girardeau, Missouri.
THIS BID IS SUBMITTED T� CITY OF CAPE GIRARDEAU, MO
401 /NDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
�. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enterinto 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 orinvitation 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 wrth the Bonds and ofher documents required by the Bidding Requirements
within fifteen days affer 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
foNo wing:
Addenda, I"2C2lpf Of aII WI7lCI7 /S I1@I"8b)/aCltl70WIG'CIC�6CI: �ListAddenda byAddendum Numberand Date)
BF-1
Addendum #1 - June 1 8, 201 2
Addendum #2 - June 21 , 2012
(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 fo 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 fhat such
reports and drawings are not Contract Documents and may not be complete forBIDDER'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 Documenfs with respect to Underground Facilities at or contiguous to the site.
BIDDER has obtained and carefullystudied(orassumes responsibilityforhaving done so)
all such additional or supplementary examinations, investigations, explorations, tests,
studies and data conceming conditions(surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost progress, performance or
furnishing of fhe Work or which relate to any aspecf 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.
(� 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 writfen
resolution thereof by ENGINEER is accepfable 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.
BF-2
Any questions, comments, or concerns regarding the design of this project should be
addressed to David Whitaker, P.E. City of Cape Girardeau at 573-339-6327.
(h) This Bid is genuine and not made in the interest of or on behalf c�f any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group association, organizafion or corporation;BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has nof
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
O WNER.
(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 wifh respect to the employees proposed to work
in connection with the services requested herein.
• http://www.uscis.gov/portal/site/uscis
(j) Bidders are informed that the Project is subject to the requirements of Secfion
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") orsimilarprogram 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.
BF-3
; 4. BIDDER will complete the Work in accordance with the Contract Documents for fhe
following price(s):
" ' UNIT PRICE BID
�
: �
�
: _ . __ _ __ _ _ _ __ . __ _ , _ _.__. . ___, _ _ __.
NO IfEfVI E�T. UNIT UNIT TOTAL
; QTy PRICE ; EST. PRICE
, �
� 904 General Contract 1 LS
- Requirements ; $ 6,0 0 0.0 0 ; $ 6 , 0 0 0.0 0
2 402-Milling Existing 7,725 SY
Pavement(21nch Depth) $ 3.6 4 $ 2 8, 1 1 9 .0 0
_. _ __ __._ __ _: __ . .. _..._ _ . __ _.. __;
3 401-Bituminous Pa vement 850 TON ; $ 6 9 .7 0 , $ 5 9, 2 4 5.0 0
Mixture 8P-2(2 Inches Thick) ;
_.... . __..... _ ____ : ____ _....._ __._._ . __... __. __ _. _.. ;
4. 204-Adjust Manhole 21 EA $ 2 41 .3 3 $ 5,0 6 7 .9 3 '
_._.... __... ___.. _ ; __ _._.._ _..._... _. . _...... ___..._ _._
- 5. 204-Adjust Water Valve 6 EA � 8 5.2 0 $ 51 1 .2 0
_ _ ... . _
� � 6. 204-Adjust Elec. Box 10 EA : $ 2 0 2.0 2 $ 2 ,0 2 0 .2 0
...... _.___.. _.._. __. _._.. _.._.... __.._.__ _ _...__.....
_____ .
7. 401- Tack Coat 2,008 GAL $ 2. 5 3 $ 5, 0 8 0.2 4
_..._ .. _ ---_ _.._._ __ _.._
' - 8. 401-Prime Coat 50 GAL $ 1 4 . 1 4 $ 7 0 7.0 0
203-Remove Existing ; � 6. 1 1 ; � 3 ,4 9 4 .9 2 ;
9� Concrete Curb and Gutter 572 LF
_._.._ _. ........ _ : __ ___. _.__ . _. _. . __ .__ ........ _.._.. ...,
10. 504-Instal!24"Concrete 605 LF ; � 1 8. 6 2 ; � 1 1 , 2 6 5. 1 0
Gufter with 6"Curb
�. _._..... . _ _ _.._ _ _ , _ ...._. _. _ . _ _ __ ;
` 11. , 504-lnstall 24"Concrete 190 LF ' � 1 8.6 2 � 3, 5 3 7.8 0
Gufter with 4"Lip Curb
__ _._._.__ _ _: _ _ ___.. . _ . ____:
' 203-Remove Existing
. 12. Concrete Sidewalks (Widths 1,560 SY ' � g ,g 2 ; � 7, 51 9 .2 0 i
Vary)
__.... _._......_. __ _ __ _: __. __ , ___ , _._ , _.._ __ _._,
13. ' S01-4"Granular Base for ; 1,690 : S Y � 4.0 2 , � `�' 6, 7 9 3 .8 0
Sidewalks
_ _ _ _._ .... , . __.. . __. _ ..;
14. ; 702-Install Concrete Sidewalk ; 1,390 ' S Y $ 2 8.3 2 ` � 3 9, 3 6 4 .8 0 :.
, ; (Width Varies)
15. ; 203-Remove, Salvage, Re- 75 SF
install Brick Pavers $ 4 .7 4 ; $ 3 5 5 .5 0 :
_ _._: _ . __ _ _ __ _ _ _ _:
. . 203-Remove Existing
16. Concrete Driveways(Width 378 SY � 6. 6 8 $ 2, 5 2 5.0 4
Varies) .
.: _ __ _ _ : _ __ __ __ _ ;
BF-4
_ _ . _ __ _ _ _. __ _ . _ __ _.
. 17 , 501- 6"Granular Base for 300 SY $ 7 . 0 6 ' $ 2 , 1 1 8 .0 0'
Driveways and Ramps
. _._
�$ 701- Install Concrete ; 240 SY $ 3 0 . 3 6 ; $ 7 , 2 8 6 . 4 0 .
Driveways (Width Varies) ,
' 19 203-Remove Existing Single 5 EA ! $ 8 4 . 2 5 ' $ 4 21 2 5
' Inlet Top (</= 4'x 4')
. . . . .
902- Repair Existing Single
2� InletBox (</= 4'x 4') 5 EA $ 848 . 04 $ 4 , 240 . 20;
_. __ _..
21 ; 902- Install Concrete Single 5 EA $ 3 3 6 . 5 3 ' � 1 , 6 8 2. 6 5
, lnlet Top (</=4'x 4`)
. . _ _ .
22 ; 203- Remove Existing Multiple : 3 EA ' $ 1 9 3 . 6 7 ; $ S 81 . 01 .
Inlet Top (> 4'x 4')
. . _ ..
23 902-Repair Existing Multiple 3 EA $ 1 , 1 5 6 . 2 5 � 3, 4 6 8 7 5;
Inlet Box (>4'x 4')
;__ ,_ _... _. :_. .._ __ _._ : ........ _ __.. ;
902- Install Concrete Muftiple
` 24. ' Inlef Top (>4'x 4') 3 EA ; $ 678. 31 ; $ 2, 034 . 93;
_;..._ __._ . __ ; _ :.__ _. _. :_ _.. . _:
; 25 203-Demolish and Remove 1 EA ; $ 8 7 7. 51 ; � 8 7 7. 51
Ex. Multiple Inlet
__. _... ___ _
_ __....... __ __ ___.._.. _ _. ,
_....
26. 902- Install Curb Inlet 1 EA $ 2,8 4 6 . 6 8 $ 2 8 4 6 6 8;
; _..__... _ _.. . . ;.. __ ;.._.._ _ ....._.. _.. _.._.._ _ _ ......_ _._.......
27 ; 902- Install 4'x 4'Area Inlet 1 EA � 2, 1 3 5 . 1 6 � 2, 1 3 5. 1 6:
and Grate
, _ __. _..... . __ :__ _...._... , ..... __..... ___. _......_ _...... __. _,
; 28 902-Replace Damaged Grafe 2 EA � 21 4 . 6 5 ; � 4 2 9. 3 0;
and Frame
_.__ _ _ __ __.._.__ _.... ;...._ _._....... .___.._ _... _ .__;
29. ' 901- Instal! 15"Dia. CI lll RCP 30 LF $ 5 6 . 7 9 � 1 , 7 0 3 .7 0
_ __ ; _. :_ _ _ _..._._. _. _.. _ :
30. ' 901- Install Slotted Drain with 60 LF � 9 2 . 7 9 ,: $ 5, 5 6 7.4 0',
24"Gutter and 4"Lip Curb
_ _ ___ _ __ . _ ;_ ._ _ __ _ . . __ _ :
' 31. ' 901- Instal! 12"Dia PVC ; 250 ' LF ' $ 2 5. 7 5 ,; � 6, 4 3 7. 5 0
Storm Drain Pipe ,
__ _ _ _ _ __. _ < _ __ __ __
32 702- Instal(Concrete Curb 4 EA ; $ 9 21 . 7 0 ; � 3 , 6 8 6.8 0
Ramp w/Truncated Domes
_ __ __ _ . _ _ ;__ _ ,_ _. __ ._._ _ ;
603- Sawcut, Demolish and
33. Remove Concrete Street 312 SY � 6 . 01 ; � 1 ,8 7 5 1 2
Pavement
; 34 603- Concrete Street Patch i 312 I S Y i $ 3 4 . 9 7 ' $ 1 0, 91 0 . 6 4'
__ _ _ _ _ __ __ ;_. _ _ _ _ _ _ ___ _
35 ' 603- Concrete Street Trench 767 ' S Y ' � 3 8 . 0 9 ; � 2 9, 21 5.0 3;
; Repair
_ _ __ . ___ _ ; _ ._ _ _ __ . _ _ _:
203- Demolish and Remove � 4 . 4 5 ' � 1 7 8. 0 0
, 36 ' Ex. Wire Fence and Posts 40 . LF ,
BF-5
i _ ._ _
I 3'"!, �t����QO �PC�u;��-�[ f EY��P� �� L� � �`�, 56 . 11 � 2 , 244. 40�
38. 805-Stop Ba�s (24"Paint) 1 EA ; $ 2 0 2 . 0 2 j $ 2 0 2. 0 2
__ -----;------
,_ ______ ___ _- ---- - ----- •---- --
� 805-Double Yellow Lines (2- '
39 � 4"Paint) i ��850 LF $ . 71 $ 1 , 31 3.5 0
: 40. 804- Tra�c Signs and Poles 2 EA ; $ 2 7 9 . 31 ; $ 5 5 8. 6 2'
,_ ,_ _._ _ __ ___ ----- --------- - ----�
41 ; 902-Install4'Dia. Storm Drain I � EA $ 3, 7 81 .8 9 � 3, 7 81 .8 9:
i MH
� 42 � 801- Temporary Tra�c � 60 DAY � $ 5 2 . 7 6 $ 3, 1 6 5. 6 0:
i Control Type A (TA-10)
---- ,-. --.....- �------- -
43. 801- Temporary Traffic 30 DAY $ 6 7. 0 7 $ 2, 01 2. 1 0
' Contro!Type 8 (TA-13)
;
i _...
_...... _ _ _._._ _ _ _----� ------
) 44. j 201 Silf Fence ' 200 LF ' � 1 . 8 7 $ 3 7 4 . 0 0 i
, ,
, , ,
, � ° � ;
.
; ;
; 1--- ;
_ _.__. ___._ ____.. __._.___ _.._ _._. , -- - - --
45. 201- Triangular Filter Dike 100 LF ' � 9 . 21 $ 9 21 . 0 0;
;
,_.... _ __. :__ _..._.__ ______ _..._. _ ___.___ L , .
46. 201- Type 1 Inlet Dam 8 EA � 1 5 2 . 5 4 $ 1 , 2 2 0.3 2;
:__.._._._._._._.............-----------._._...._._._._......_________,_.__......_......_.._._..-----'
` 47. � 201- Type 2lnlet Dam 8 EA ' $ 1 5 2. 5 4 : � 1 , 2 2 0.3 2;
,_._._._..__._._.-.�.--.--._._._._.__._
._---__._._......._...._......____` ' ` '
� 48. � 201-Inlet Sediment Bag � 4 ' EA ; $ 1 5 0. 0 3 � $ 6 0 0. 1 2 j
i--------.I...___.______.__--_ ___ ______ � I � � �
___ __________-
49. i 209-Seed and Mulch 1 A C : $ 2� 5 2 7 .2 7 ; $ 2, 5 2 7.2 7;
:..._.__._._._.____;._._.___._....___._.__..._......... ......_..._--_.__._._..._..---._-------;
i 50. ; 603-Sawcut Ex. Concrete ; 1200 ` LF : $ 3 . 6 3 ' � 4,3 5 6.0 0
; Pavement
;----.....__.._.__..,_.___..__._._.___ ____------.._._..-------.._�
603-Demolish and Remove '
51. Ex. Pavement Along Trench 450 SY � 6. 5 5 i � 2, 9 4 7.5 Oi
Repair Length
;.._.._._....__.-.,_--------__._.____._.___.._._.__..------------.__...__._._.- ' ---'
' 902-Replace Ex.Damaged '
� 52' MH Castings 5 EA $ 3 4 3. 3 5 ; $ 1 , 71 6.7 5;
;_.______.___;_.__.___.._.___..__._..._.____......_..._.____.__.._.__._..._..._._._.________ - --:
; i 2002-Replace Ex. Damaged � � I
53. ; Valve Box Castings ; 4 � EA $ 7 9 . 1 8 ; $ 31 6. 7 2;
TOTAL BID FOR ALL UNIT PRICES $ 298, 780 .89
Two hundred ninety-eight thousand seven hundred eiqhty dollars
and eighty-nine cents
(Written figure)
ADD Two
BF-6
ADD One
ADD Alternate # 1 for Street Lighting:
N0. ITEM EST. UNIT UNIT TOTAL
QTY. ' PRICE EST. PRICE
_ _ __ . __ ,
104- General Contract � " LS $ 1 01 .00 $ 1 01 . 00
� Requirements ' ', ,
_ _ _ _. __ . _ _ $ _ 4�9 .75 . $ 4,79.�5
2. JSP- Structural Engineering 1 LS
3. JSP- Electrical Engineering 1 LS $ � . 6 0 0. 2 5 $ 7, 6 0 0 :2 5
_ _ __ _ _ . ___ __
4 JSP-Furnish and Install Light , �9 : EA '. $ 1 3,4 6 8. 3 5 �2 5 S , 8 9 8. 6 5
' Pole Assemblies , :
__ _ __ . . _ . _ _ ,
5 JSP-Furnish Pole, Arm, 2 EA $ 8, 4 0 3 .2 0 � 1 6 , 8 0 6 .4 0
Anchor Bolts
_ _ _ ___ _. _ _ . . __ $ _ _�_�31 3..00 . � 1 0,504 .00
6. JSP-Furnish Fixtures 8 EA ,
_ .._ __ . _ . _ . . _ _ _ __ _ _ _ _ __
' JSP-Remove, Salvage and ', :
7. Deliver Ex. Poles to Public 8 EA � 2 3 2 ,3 0 ' � 1 , 8 5 8.4 0
Works
__.. __.._. ____ _ .. ____. _ _ . __ __ _ ._. _
8 JSP- Instal!Poles for Existing ; 6 EA , $ 2 4 7.2 8 � 1 , 4 8 3 .6 8 ,
Signs
_ __ ___ . _.._..._ _.. __.. ; ..... . _ _ . _ _ __ __ �
g JSP-Remove and Dispose g EA � 1 2 6.2 5 , � 1 , 01 0 .0 0
Ex. Street Light Pull Boxes
_.. ___. __ _._... . .._.. . _ . __ .. __ __ __ _ _ _ _;
10. JSP- Civil Engineering 1 LS ; $ 1 ,51 5.00 ; � 1 , 51 5 .00
_ _ _ _ _ __ _.___ __ _ _ . _ ___ ___
' TOTAL BID FOR ADD ALTERNATE # 1 UNIT PRICES '' $ 297, 257.� 3 „
_ _ _ _ ___. __ __ __ _ _
Two hundred ninety-seven thousand two hundred fifty-seven
dollars and thirteen cents
(Written figure)
Bidder must include price for ADD Alternate #1 for bid to be considered.
(Total bid amount is to be shown in bofh 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.)
BF-7
ADD One
Unit Prices have been computed in accordance with paragraph 11.9.2 of fhe General
Conditions.
8lDDER acknowledges that quantifies are nof guaranteed and final payment will be based
on actual quantities defermined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be subst�ntially complete by November O1,
2012 and final completion witl be reached by February O1, 2013.
B/DDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the times 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 cashrers check.
(b) Any Addenda issued.
(c) Exhibit Affidavit of Work Authorization
(d) Exhibit Affidavit of Excessive Unemployment (rf applicable)
(e) The E-Verify Program for Unemployment Verification Memorandum of
Understanding http�//www uscis qov/files/natrvedocuments/MOU.pdf
(� 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
BF-8
ADD One
Name Merchants Bondinq Company
Address 2100 Fleur Drive, Des Moines, IA 50321
AgentlPower of Attorney Name (if used) Donald L. Wasoba
Address 22 Avocado Tree Circle, St. Peters, MO 63376
9. Terms used in the Bid which are defined in the General conditions or Instructions wil!
have the meanings indicated in fhe General Conditions or Instructions.
SUBMITTED on June 26 , 2012.
State Contractor License No. 0 010 5�5
IF BIDDER is:
An lndividual
By
(Individual's Name)
doing business as
Business address:
Phone No.:
A Partnership
ey
(Firm Name)
(General Partner)
Business address:
Phone No.:
BF-9
ADD One
A Corporation
By Nip Kelle� Equipment Ca , Inc _ , '(SE,�4L)r' :
(Corporation N�me)
Missouri
(State of Incc� oratio
By V-ince Kelle
(Name of Person u ho ed to Sign)
President
�J
(Title)
y t�,(Cor��rate Seal)
i
Aft�sf Frank Myers
(Secretary)
Business address: 41 North snric�� st
Cape Girardeau, MO 63701
Phone No.: ( 573� 334 0553
Date of Qualification to do business is January 1 974
A Joint Venture
8 y (SEAL)
(Name)
(Address)
8 y (SEAL)
(Name)
(A ddress)
Phone Number and Address for receipt of official communicafions:
(Each joint venturermusf 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-10
ADD One
BREAKDOWN OF WORK FORCE (Required):
The Contractorshall be registered with the Mrssouri Secretary of State in orderto work on
this project.
8lDDER 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 wil!be employed for work on this project:
*SUBCONTRACTORS:
(Name of Company) (Type of Work)
Big River Resources Fencing
Apex Paving Asphalt
Cotner Electric - Alternate #� Electrical
*All subconfractors shalf be registered with the Missouri Secretary of State in order to work
on this project.
BF-11
EXHIBIT
APFIDAVIT OF OSHA'TRAINING
COMLS NOW (N�m�) Vince Kelley as (OEfi�e H�ld) President
of(Company Name/Contractor)n]�p KP� � P�E�.�i �ent Cn � T�first being du�)% sworn, on
my oath, affirm in connection w�ith t}�e contracted services related toMa; n StrPPt nvPrl a�
(Project Name) for the duration of the contract, as follows:
l. Cont�actor shall provide a ten (10) hour Occupational Safety and Health
Administ�ation (OSI-IA) 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 sirnilar prograrn approved by the Missouri Deparunent of Labor and
Industrial Relations which is at least as stringent as an approved OSHA program as re9uired by
Section 292.675, RSMo.
2. Contractor shall require its on-site employees to complete a construction safery
program within sixty (60) days after the date ��ork on the Project commences, as reguired by Section
292.675, RSMo.
3. Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site ��ithout 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 emplo}�ee is employed without the construction safety training
re9uired 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 ackno�vledges that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred
and t11at a penalry shall be assessed, the Cih� shall ���ithhold and retau� all sums and amounts duc and
.; o�ving��hen makulg payments to Conn-actor under tlus Contract.
�i
�
. ; FURTHER AFFIANT SAITH I�10"I'.
'�I
: i
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
i
' .; undersigned understands that false statements made in this filing are subject to the
� penalties provided in Section 575.040, RSMo.)
Nip Kel ey Equipment Co. , Inc.
(name of co� oration)
' By:
(name of ficer o corp tion and title)
Vince Kelley, President
..:� ATTEST�
� I
.. �
! Secretary(or other officer
�.�`Frarik MXers
;� �
' <' �(SEAL OF CQRPORATION)
J _
' � . ,�f '� � � . .
. _I `-,) ' .'
; � y'S�'ATE OF MISSOURI )
• . 4.J� :'� � `
. .� � /.. . . �� 1
" � ICOUNTY OF CAPE GIRARDEAU j ss.
;
� On this �_�ay of �uhk , 20�a before me appeared Q,� � ,
to me personally known,who, being by me duly sworn, did say that he/she is the �✓P�i �1�-
of 1���r� �P,<<.�� �41t�✓J►'>'�0✓t�" C��1�C, a Missouri Corporation, and that the seal aEfixed to the
foregoing ins ment 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 Corporarion.
" IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missouri, the day and ear first abo�Te written.
; � �
� Notary Public
,
My Comnussion Expires:
�„'"',,, STACI L PEPPLE
� �p�?gY•P�li=, �py�ortunissron Expues
alql �� =_:�►���`:_ F�9,�,3
;9�, SEAL,.�; ScottCounty
.,�'pF� � Commission#09434217
. ��,���„�
EXHIBIT
AFFIDAVIT OF WORK AUTHORIIATION
COMES i�10�X/ (Name) Vi11cP KP11P� as (OfGce Ileld) prPsi dPnt --
of(Company Name/Concraccor) Nip Kelley Equipment Co. , I�}�.first being duly s���orn, on
m�� oat1�, affirm as follows:
l. (Company Name/Contracror)Nlp Kelley EcTuipment CO. , IriC.
is eruolled and will continue to participate in a federal work authorization program in respect to
emplo}�ees that ��ill �vork in connect�on �vith the conuacted services related to (Projeci Name)
Main Street Overlay for the duration of the cont�act in accordance u�ith RSMo
Chapter 285.530(2).
2. I also afflrm that (Compan��Name/Contracror)Ni� Kell2y Equipment COdqes IriC
not and will not knowingly employ a person who is an unauthorized alien in connecuon with the
contract services related to (Project Name) Main Street Overlav for
the durat�on of the contract.
3. Attached hereto is documentation affuming Contractor's enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
FURTHER AFFIAI�TT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false stateinents made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
a
Nip Kelley E uipment Co. , Inc.
(name of corporation)
B}'�
(name of officer of corporation and )
Vince Kelley, President
ATTES �
���
Secretary_(or other officer)
Frar�k My�:�s ,
-(S��1L �?F CORP,ORATION)
�
- � =x,-.
I
i
I
�
'
_:�
�'� STATE OF MISSOURI )
�� :;
.i ) ss.
� ,I COUN"I1' OF CAPE GIRARDEAU )
i
! On this�day of h , 20J�, before me appeared �i�l'Q I��I�� ,
to me personally known,��vho, being by me duly sworn, did sa}r that he/she is the �/,e�i n+
of N�`�,�,��.�.� �,�U�YJ✓rYJI'1�- � �(, a Missouri Corporation, and t�iat the seal afFixed to the
foregoing ins�ent s the seal of said Corporarion, and that the said instrument was signed and
sealed in behalf of said Corporation by authorit�� of its Board of Directors, and acknowledged said
iinstrument 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.
i
i �
' Notary Public
�,,„��,,,�
;:�p�tY PU��. STAG L PEPPLE
: My Corrunission Expires: =?�'NpTqRYI�'. �Y���Expires
'�, S� _ February 9,2013
. ,y Scott County
n �:•....��
� 'i � '��,�F��,. Commission#09434217
�
• ;
i
EXHIBIT
AFFIDAVIT REGAKDING EXCESSIV� UNEMPLOYMENT
COMLS NO\X/ (Nam�) Vince Kelley as (OEfi�� }�Eld} President
of(Company Name/Conc�acror)Ni� Kelle� Equipment Co , I�.first being dul�� s�a�orn, on
my oath, affirm as follows:
1. Whenever there is a period of excessive unemployment in the State of Missouri, as
deFincd in Section 290.550, et se9., RSI�1o, the contractor will comply with all of the provisions of
this Statute in respect to employees that ���ill work in connection wid� the contracted services related
to (PTojecc Nan-,e) Ma; n QtYPP� nverl a� for d�e duration of the contract.
2. 1 also a{flsm t�at (Compan}� Name/Contractor)N �1�. Kelley Eauipment CO. � IriC.
does not and �ui]1 not knowingly emplo}� a laborer �vho is not a "Missouri Laborer" or a "Laborer
from a Nonrestrictive State", as those terms are defined in Section 290.550, et sey., RSMo, except
that other laborers may be used if such required laborers are not available, or are incapable of
performing that particular rype of worked invobed, if so certified by the contractor and approved by
the City of Cape Gi�ardeau, or unless otherwise permitted by that Statute, in connection with the
contracted services related to (Project Name)Ma i n S r t Overlay for the duration of the
contract.
FURTHER�FFIANT'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.)
Nip Kelley �quipment Co. , Inc.
(name of corporauon �
I�y:
(name of ofFicer of orporadon and ti
Vince Kelley, Presid t
ATTEST:
Secretar.}f(or.,o[her officer)
Frank��Iyers
(SEAL,OF CORPOR=ITION)
I •
I
if
i
�
�j
1
����; S�'r�"I'I: OF MISSOURI )
! ) ss.
i
" ; COUNTY OF CAPE GIRARDEAU )
;
4 On this 9�day of �n� , 20�a before me appeared � ,Q V� ,
to me personall known,who, be� b�' �?e duly s�vorn, did say that he/she is the ' �—
, of ; � % ✓YY��GJ��'L¢vfissouri Corporation, and that the seal affixed to the
foregoi g instn ent i the seal of said Corporation, and that the said instrument was signed and
sealed in behalf oE said Corporation by authorit�� of its Board of Directors, and acknowledged said
� instrument to be the free act and deed of said Corporation.
�
� IN TESTIMONY WH�REOF, 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.
�
' f
i �
; Notary Public
�,������ STACILPEPPLE
;;��gY P:'�,
,
My Commission Expires: '=�'NpTp,�%:�': MYCommissionFxpires
,9�. SEAL. �' F�ry 9,2013
Scoft County
�, g�l�j �''����` Gommieaion�t0�43a217
. j �_
i
�
• i
f
i
� _
Project Number
��_�
��---- - � Main Street Overlay
� '�:, _ �,.,
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 obt�ining; 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 Loca])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 $ 10,000 or imprisonment for up to five (5)years or
both.
Vince Ke le President
Typed Nam & Title of Authorized Representative
� l�
Signat re o ut o � d Representative ate
❑ I am unable to certify to the above statement. My explanation is attached.
� ��l. . ��US �^.
� l " �Illlp`1�..
�� ':!Sl4
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 N� Keiley Equipment Cornpany, 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 electronicaily confirms an employee's eligibility to work in
the United States after completion of the Employment Eligibility Verification Form (Form I-9).
For covered government contractors, E-Verify is used to verify the employment eligibility of all
newly hired employees and atl existing employees assigned to Federal contracts.
Authority for the E-Verify program is found in Title IV, Subtitie A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. �04-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E-'✓erify program by Fec:eral
. contractors and subc�ontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federat Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Fed�ral corttractor") #o verify the employment el�gibility of cert�ir� employees working on
Federai contrac�s is also found in Subpart 22.18 and in Exec�tive C�rder 12989, as amended.
ARTICLE I!
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
;a•��' �� :I:. , .�U i �., ,.,� ' .,:I�, .z iu;�u;���y
� �}�(:.
_ _- L;-T�1� .�1Us�
_ =�� F- �
� III{III .,
r� _ ;�
�,s,},
-�E :::1�1� � 5 i�_ ��F. �f::
Company ID Number: 211168
4. SSA agrees to provide a means of automated verifiication that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days
of the initiai inquiry.
5. SSA agrees to provide a means of secondary verification (inciuding updating SSA
records as may be necessary) for employees who contest SSA tentative nonconfirmations that
is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
• Automated verification checks on alien employees by electronic mea�ns, and
• Photo verification check� (when available) on employees.
2. DHS agrees to providE to the Employer appropriate assistance with operational
problems that may arise during tt�e Employer's participation in the E-Verify program. DHS
agrees to provide the �rr�ployer names, titles, addresses, and telephone numbers of DHS
representatives to be confacted during the E-Verify process.
3. DHS agrees to provide to the Ernployer a manual (the E-Verify User Manual) containing
instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS also agrees to provide to the Employer anti-
discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair
Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of alien employment
eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may
be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act
(INA) and Federal criminal laws, and to administer Federal contracting requirements.
7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
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nonconfirmation of employees' employment eligibility within 3 Federal Government work days of
the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS
records as may be necessary) for empioyees who contest DHS tentative nonconfirmations and
photo non-match tentative nonconfirmations that is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the 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.
2. The Employer agrees to provi�e to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E-Verify.
3. The Employer agrees to becom�; familiar with and comply with the most recent version
of the E-Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employm?nt
verification queries will complete the E�Verify Tutorial before that individuai initiate� any
queries.
A. The Employer agrees that all Employer representatives will take tne refresher
tutorials initiaied by the E-Verify program as a condition of continued use of E-
Verify, including any tutorials for Federal contractors if the Employer is a Federal
contractor.
B. Failure to complete a refresher tutorial will prevent the Employer from continued
use of the program.
5. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
• If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that contain a photo. (List B documents identified in 8 C.F_R.
§ 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If
an employee objects to the photo requirement for religious reasons, the Employer
should contact E-Verify at 888-464-4218.
• If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766
(Employment Authorization Document) to complete the Form I-9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form I-9. The employer will use the photocopy to verify the photo and to assist DHS
with its review of photo non-matches that are contested by employees. Note that
employees retain the right to present any List A, or List B and List C, documentation to
complete the Form I-9. DHS may in the future designate other documents that activate
the photo screening tool.
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6. The Employer understands that participation in E-Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms I-9 that
relate to its employees, or from other requirements of applicable regulations or laws, including
the obligation to compiy with the antidiscrimination requirements of section 2748 of the INA with
respect to Form I-9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and employment eligibiliry of
the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must
notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is
subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of
continued employment following a final nonconfirmation; (4) the Employer is subject to a
rebuttable presumption that it has knowingly employed an unauthorized alien in violation of
section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final
nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable
under any law for any action taken in good faith based on information provided through the
confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during
the course of E-Verify, as well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees
within 3 Employer business days after each employ��e has been hired (but after both sections 1
and 2 of the Form I-9 have been completed), and to complete as many (but only as many) steps
of the E-Verify process as are necessary according tc the E-Verify User Manual. The Empleyer
is prohibited from initiating verification procecfures bef�are the employee has been hired an� the
Farm I-9 completed. If the automated system to be querisd is temporarily unavailable, the 3-d�y
fime period .is extended until it is again operational in c�rder to accommodate the Employer's
attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the
Employer must use the SSA verification procedures first, and use DHS verification procedures
and photo screening tool only after the SSA verification response has been given. Employers
may initiate verification by notating the Form I-9 in circumstances where the employee has
applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,
provided that the Employer performs an E-Verify employment verification query using the
employee's SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E-Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.
Except as provided in Article II.D, the Employer will not verify selectively and will not verify
employees hired before the effective date of this MOU. The Employer understands that if the
Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the
Employer may be subject to appropriate legal action and termination of its access to SSA and
DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, including notifying employees of the finding, providing written
referral instructions to employees, allowing employees to contest the finding, and not taking
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adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is
required to take affirmative steps (see Artic(e III.B. beiow) to contact DHS with information
necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an empioyee based upon
the employee's perceived employment eligibility status while SSA or DHS is processing the
verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(i))
that the employee is not work authorized. The Employer understands that an initial inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additional time for the
government to resolve a case), or the finding of a photo non-match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including den�ing, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she is
unauthorized to �vork) until and unless secondary verification by SSA or DHS has been
completed and a fiinal nonconfirmation has been issued. If the employee does not cl��oose to
� contest a tentative nonconfirmation or a photo non-match ar if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
wor{c author;zed ar�d terminate the employee's employment. Employers or employees with
questions about a fina! nonconfirmation may call E-Veri#y at 1-$88-464-4218 or OSC at 1-800-
255-8155 or �-800-237-2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or
recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 274B(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such illegal practices can include selective
verification or use of E-Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound "foreign" or have received tentative
nonconfirmations. The Employer further understands that any violation of the unfair
immigration-related employment practices provisions in section 274B of the INA could subject
the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII
could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination
provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
12. The Employer agrees to record the case verification number on the employee's Form I-9
or to print the screen containing the case verification number and attach it to the employee's
Form I-9.
13. The Employer agrees that it wi�l use the information it receives from SSA or DHS
pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as
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authorized by this MOU. The Employer agrees that it wiil safeguard this information, and means
of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose
and as necessary to protect its confidentiality, including ensuring that it is not disseminated to
any person other than employees of the Employer who are authorized to perform the
Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
14. The Employer acknowiedges that the information which it receives from SSA is
governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42
U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses
it for any purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring
and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to
review Forms I-9 and other employment records and to interview it and its employees regarding
the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS
requests for information relating to their participation in E-Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS
�. The EmploYer understands that if it. is a Federal contractor subject to the
� employment verification terms in Subpart 22.18 of the FAR it must verify the employment
eligibility of any "employee assigned to the contracY' (as defined in FAR 22.1801) in addition to
verifying the:employment eligibility of all other employees required to be ve�ified under the FAR.
Once an employee has been verified through E-Verify by the Empioyer, the tmployer may not �
reverify the employee through E-Verify.
a. Federal contractors not enrolled at the time of contract award: An Employer that
is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as
a Federal contractor in the E-Verify program within 30 calendar days of contract award and,
within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility
of new hires of the Employer who are working in the United States, whether or not assigned to
the contract. Once the Employer begins verifying new hires, such verification of new hires must
be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal
contractor, the Employer must initiate verification of employees assigned to the contract within
90 calendar days after the date of enrollment or within 30 days of an employee's assignment to
the contract, whichever date is later.
b. Federal contractors already enrolled at the time of a contract award: Employers
enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award
must use E-Verify to initiate verification of employment eligibility for new hires of the Employer
who are working in the United States, whether or not assigned to the contract, within 3 business
days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90
calendar days or less at the time of contract award, the Employer must, within 90 days of
enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are
working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must initiate verification of each employee assigned to the
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contract within 90 calendar days after date of contract award or within 30 days after assignment
to the contract, whichever is later.
c. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
State or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency pursuant to a
performance bond may choose to only verify new and existing employees assigned to the
Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or
all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs
1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees
assigned to a contract apply to such institutions of higher education, State, local and tribal
governments, and sureties.
d. Verification of all employees: Upon enrollment, Employers who are Federal
contractors may elect to verify employment eligibility of all existing employees working in the
United States who were hired after November 6, 1986, instead of verifying only those
employees assigned to a covered Federal contract. After enrollment, Employers must elect to
do so only in the manner designated by DHS and initiate E-Verify verification of all existing
employees within 180 days after the election.
e. Form 1-9 procedures for Federal contractors: The Employer may use a
previously completed Form I-9 as the basis for initiating E-Verify verification of an employee
assigned to a contract as long as that �orm I-9 is complete (including the SSN), complies with
Article II.C.S, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form I-9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form I-9 fior work
authorization has not changed {including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
I-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise incomplete,
the Employer shall complete a new I-9 consistent with Article II.C.5, or update the previous 1-9
to provide the necessary information. If section 1 of the Form I-9 is otherwise valid and up-to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form I-551) that expired subsequent to completion of the Form I-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additionaf or superseding instructions
that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall
be construed to require a second verification using E-Verify of any assigned employee who has
previously been verified as a newly hired employee under this MOU, or to authorize verification
of any existing employee by any Employer that is not a Federal contractor.
2. The Employer understands that if it is a Federal contractor, its compliance with this MOU
is a performance requirement under the terms of the Federal contract or subcontract, and the
Employer consents to the release of information relating to compliance with its verification
responsibilities under this MOU to contracting officers or other officials authorized to review the
Employer's compliance with Federal contracting requirements.
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ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. The Empfoyer will refer employees to SSA tield offices only as directed by the
automated system based on a tentative nonconfirmation, and oniy after the Employer records
the case verification number, reviews the input to detect any transaction errors, and determines
that the employee contests the tentative nonconfirmation. The Employer will transmit the Social
Security Number to SSA for verification again if this review indicates a need to do sa. The
Employer will determine whether the employee contests the tentative nonconfirmation as soon
as possible after the Employer receives it.
3. If the employee cor�tests an SSA tentative nonconfirmation, the Ernployer will provide
� the employee with a system-generated referral letter and instruct the employee to visit an SS��
office.within 8 Federal Government work days. SSA w�ll electronically transmit the result of the
referral to the Employer within 1� Federal Government work days of the referra! �nless it
determines that more than 10 days is necessary. The Employer agrees to chec�C the E-Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social Security
Number from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. If the Employer finds a photo non-match for an employee who provides a document for
which the automated system has transmitted a photo, the employer must print the photo non-
match tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification process or when
the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
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after the Employer receives it.
4. if the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll-free hotline (as found on the referral letter) within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Empioyer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Empioyer will send a copy of the employee's Form I-551 or Form
I-766 to DHS for review by:
• Scanning and upioading the document, or
• Sending a photocopy of the document by an express mail account (furnished and paid
for by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
- match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph,
and resolvin� thE case as specified by t�e Immigration Services Verifier at DHS vvi�o will
determine the photo match or non-match.
ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access the
E-Verify System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTI ES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as
long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E-Verify program by DHS or SSA, including but not
limited to the E-Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on a�l changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E-Verify User
Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take
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mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this
MOU when the Federal contract that requires its participation in E-Verify is terminated or
completed. In such a circumstance, the Federal contractor must provide written notice to DHS.
If an Employer that is a Federal contractor fails to provide such notice, that Empioyer will remain
a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to
non-Federal contractor participants, and will be required to use the E-Verify procedures to verify
the employment eligibility of ail newly hired employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy, or upon a determination by SSA or
DHS that there has been a breach of system integrity or security by the Employer, or a failure
on the part of the Employer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federal contractor, termination of this MOU by any party for
any reason may negatively affect its performance of its contractual responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
D. Nothing in this t�IOU is intended, or should be construed, ta create any right or berefit,
- substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
E. Each party shall be solely responsible for defending any claim or action against it arising
out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability
wherefrom, including (but not limited to) any dispute between the Employer and any other
person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or
allegedly taken by the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E-Verify publicity and media inquiries,
determinations of compliance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
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To be accepted as a participant in E-Verify, you should only sign the Employer's Section
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Employer Nip Kelley Equipment Company, Inc.
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Company ID Number: 211168
Information Required for theYE-Verify Program �� �
Information relating to your Company:
Corr���t�y i�a:rte: �1sp �eli�y�qu8pr;��nt Ca�r$��ny. ir�c.— ------------------
�.��€'s�;J�r�¢j Fa�ili�sj �dC4r�s,�: ��i �larth 5prigg ---__----- - ----------
:��,�G;rardeau; P�i3 i�37i�3
Gors�g��rty �Ite�r�ate
�dc�r�s�:
�ounty or Parish: GAF�GIRARD��t�
�rr�plo}rer ldenti#ic�ti�r�
(Vutitb�r: ��i08s2(30
fdor�i� Arz�eric�n irsc['ustry
Class�#ica#ion Syst�ms
C�d�: 237
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�l�aniber of Ernpl�gf�es: �o to�9
i�urr�E�er afi Sit�s V��ifii��4
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Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
. MISSOURI 1 site(s)
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Company ID Number: 211168
Information relating to the Program Administrator(s)for your Company on policy questions or
operational problems:
Name: Staci L Pepple
Telephone Number: (573)334-0553 Fax Number: (573)334-2025
E-mail Address: s�repple@r�ipkelleyco.cbm
Name: Vince L Kelley
Telephone Number: (573)334-0553 Fax Number: (573)334-2025
E-mail Address: vkelley@nipkelleyco.com
Pa,e i3 c�+l3'E ei: '.9"vU�
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�I�D��ar�rae arad�tdifrass,�:
i�ip Kellev Eatiin�ent Companv, Inc
41 IVorth Spriaq Street �� �
Cape Girardeau, MO 63703 � -
SLIB�'['�C�Ca:ae oed.4ddners�Prtr�c�d plaoo��'��,�ya�ys= _
Mex'chan Bpnd3nQ C�[iAdIIY (Mi�ti�al )
2I00 Fleur Drive �'�" -
Des Moines, IA 50321 Tel: 515-243-8171 "�
OWZVEItf1�'a�e�and Adairessl:
City of Cape Girar@eau_
City Hall. 40i Indepenc�ence Stre�� ----__ ._�.__
Cape Girardeau, MO 63701 �T�- -,--
�l]R ..T^--_-- -��:__.�,_:- �.a.._
BY]?I?j�j?A'FE: June 26, 2012
FRO3BC:T(9t'id'�asr.riptioa I�cl„d;,,Q 1-Qcaaio�aJ:
Main Street Overlay
13Oh'D __ y— -=- _ . __�
___.__
$OND NUMBEE�: N/A
tlAA'C'E:(Not lasa�thara Bid Due L1ace): June 26�2012 --��---. ___.�__
PE2iAL SU2kf: Five Percent of the-Auiount Bid o o . Z
1N WTTNES$WHEREE�]P,Suatty�nd Aiddea,iu�teading ta 6t lagally baund bes+eby, subjecE to�e teruss
p�nttd ou thc reversa Sade hcrcof,do eac�cause�his B;d Boud ra be duIy exr,c�tcd on it�behatf bg its
audw�iud bfficer,aSenr,ar r�pc�tative.
BtI�D�R�'`; SURE'FY'
����Y � P[�fENT COMPANY. ��TC MERCF3AN`P5 BONDING CCJME'ANY (MUTUAL)
' r�eal) {Seal) .,
r��dder's N '� and Cnipora�Seal S�rery"s Nsme and Corporarc Seal
s� a � ,�,,, -; ✓ - B� _ .� t��-- - - _
.c �e J � p a G(��{� Signervm and Tide(At�ch Fawar afAtcorne �
Donald L. Wasoba, Attorney-in-Fact ; gj /
A��' X� Witness:.��,�
5ignafitte and'�5tie � :�fga��e aud - e , -
`"`
NO'T& j 1} Abaue�dr�aes st�to be�sed ittr giv�ag�����e_
��� �Y�&�nfereuce to B�t,S�nety,�an�or ather party eheitt b�considored piurat whe�re
�pplicabYe. _
r�C=i 3��7:yT q{,I ��L er ,; ;•, . .,a,.—.--�-�..� _ - -
�- �oa
�B-1
I. Siddcr utd Stmty,j�tlY a�id savtrsAY,bis�thett�clets,t�teir BonA coa$icta eviLL wp RpplicsbTa prn'vtaio�l of t�J'a�ikibte
haits.txcc�rtms.ad�isus[o�s sactasors�Q�siQtts rn p�co �,�s t�ptvririao a€sai4 ttatuo sFs�g�evctiL anci th�
Owner upoa dafaulc af 8idda fhz pcsEal sum xt fnrsh��c hKc rerasf�a of Q�a&R�d f�at is aot fn cont�.t the+�Cwi4k sts�t
of this Bond, cauun�e iu fuil fb�+oc actd c€fzct.
:. Befavlt af Sidd��si!eceyr uppn����of Biddtr to !l. 71x ta�m"b;s"as�d h�in inciudes a bid,o$er ar proposal
�iw�`��R ch�«m requirca by[�e Bidding Doeu���e u appfiablo.
extcuted Agncr�nc rtquur,�by tht&id��t}oeumca�8 itld azfy
pCifarmapCL nnd pay�rserlt bonds tequired by[he$iddin&
Doeumencs ar.d Coamct Dewr�wats.
3 This obiige�iort sFra[t bc�ptt artd void iC
3.! OKmer sccepc�aidder's b;d and Eidder dctiverc wiQ,;n
ttu timc requirsd by the Bidding I}acun,cn�s(or��4
ex�sion tdcrevf�grecd to in wriang by Owner)the
txxtrted Agretmrnt tequi,zd hy the SiddiAg
documrns and�Y per('8cn���yd paytnotg bandg
nquired by nc�Siddiag f2pcvmeacs and Coauatt
04cumonv.or
3.2 Atl bids are rcjccted by p�*met,o;
3 3 �er fa;ts co;y�ur s aotice of a�ar3 ra Biddu wichin
tFc ii�R specifttd fR tlye Bidding DocuinEs��(orsfly
txazuinn thcreotegraed�o in w�itiag by Biddet antl.if
�PPlieab}c,Cot�utod[o DY SuretY arhm r�qaiicd by
p8�ph 5 hecco�
d. P�ymene�rtda this Hond wilt be duc,utd p�yyable upon de£auit
of Biddcr txd�rjuyia 3Q ca}cr�dar duys e4tcr¢�apt 6y�idcter e,�C
Sa�ty of writrrn notice of dcfsuli from�wnar,wh;ch notice will
br given with rzasanahle prampmea,;dr�ifyin$th;s 8ond md
�!u Ikqjcct and including n ataontiene ofthe smouacdue.
S. Surery wsiNcs ooticc of and ony and aft def�sca based on or
ansia�o�,c vf�y ame weta[tsion ta issuo nafiee ofawsrd a�rexd tp
in wtiung by Qwntr nud Biddu,pravid��c��{4r iteuing
noBct of ewstd is�luding exier,bions siul}swt in thC aggre�A�C
exceed t20 days frc,m�3id Dua Daac wiihnur SurZry's minrxr
constu�
6- No suit or aciio�shali he cortan�nc�c{under this Baud prfor to
30 caler�dar days aiker tt+c notice ofdcfault requiced in p�tsg►aph 4 .
nbovo is received by BidsJcr and S+,rcry,and in no cssc Zate;th0„
one year afler Bid Due IIar�.
?. Any.strat w sc6un cmdar ih;s gond shalt 6c cor�u►c`d valy in
a caart of couq�etenc jurisdiction laeated in�hc s�sc;a whieh[h�
Pcnject�s bca+xd.
B. Nalicc rcq�circ�hereundtr yhaii he in wripng s,sd stnt ro Sidder
a�Sueery e<<heir respeciivc�oddrtsses shown on dte Csa of this
Bond_ Such noQc�s s[isy be s�c gy p,e�ona!dclivery,oomroec+c�a7
oouric ot Gy Unites Sa�es Regicrertd or Cuofied MaiJ.rtaQn re-
eciFt req�oed.Postagc Pn`Asid.and sha�t!K dee�ncd tv be
rffocciva upon rr.�eipt by thc�r�y cocucmc.d., � -
A. Surety eth�.ti caosc to bo utaclxd tv this Bond a Cuttteeu[sad
et�Cctive i'ov+z7 of Attorney evtdrnea�g tha wchoriry of the ntEsecr,
agcnt or[�epresertrstive wiw extcuted thia 8ond aa btt�tf'of Surtty
t4 OkGCutG.K2�2P���:v�r+,1��?j��v e:.`v uuaG 1ltt SiRCCx i�CU�-
!Q. 7hea Bond ia iriicndrd ce enRform w�U app{ecable s[amtory
�0�u- �1Q!'aPPliaDle reqairau�entQf�y�pticahle .
�awtr thet t�as boea omicred�d�ia�oted ttall6e d�ott�af te be
inctudtd haein as ii sCt fbrth at levgth. If„ry prov;sion af the
�,x�crjo.v9�a-2ac��sso�a�? BB-2
� MERCHANT�S�
BONDING COMPANY„A
POWER OF ATTORNEY
Know Ali Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the taws of the State of lowa(herein collectively called the"Companies"):
and that the Companies do hereby make.constitute and appoint,individually,
Donald L Wasoba
of St Peters and State of MO their true and lawful Attomey-in-Fact,with full pawer
and authority hereby conferred in their name, place and stead,to sign,execute, acknowtedge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TWO MILLION(�2,000,000.00)DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and ail the acts of said Attorney-in-Fact, pursuant to the authority herein given,are
hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of
Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National
Bonding,Inc.,on October 24,2011.
"The President, Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behaif of the Company,and attach the
seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be a�xed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,
or other suretyship obligations of the Company, and such signature and seai when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of MafCh , 2��2.
��.��e�r.y�M� ���.-����
```�.`�*'C1O11,4�%:. :•�Q\NG•CO�A' MERCHANTS BONDING COMPANY(MUTUAI)
;�y�.`Q��Rq�.�a': �m°�oRP�A9�9y�: MERCHANTS NATIONAL BONDING,INC.
�. '.y:� :►.�n-..=' -o- rn. .
-Z', �o- :� ;Q�. 1933 ��c:
: v ZC03 :.�- :ti;. ���. sy ✓�
- �.� ,.�i` '..d�;�,.. ••`;�d ��
STATE OF IOWA � ti�..,i't•• �,�`��`,`, �•. � •��• �
COUNTY OF POLK ss. ,,����"'�����•"""�„ ��'��� President
On this 2nd day of MBrCh , 2012,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and
that the seals affixed to the foregoing instrument is 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.
in Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, lowa,the day and year
first above written.
�. MARANDA GREENWALT � � � _� _�
rt� ��T (
�� Commission Number 770312 i
My Commission Expires
OM1" October 28,2014
Notary Public,Polk County, lowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on
this 26th day of June � 2012 '
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