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Home My WebLink AboutRES.2532.05-17-2010 BILL NO. 10-62 RESOLUTION NO. ��'� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC. , FOR THE BIG BEND ROAD WIDENING AND IMPROVEMENT PROJECT, IN THE CITY OF CAPE GIR.ARDEAU, 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 Big Bend Road Widening and Improvement Project . A copy of said Agreement is attached to this Resolution and made a part hereof . � J� PASSED AND ADOPTED THIS �� DAY OF � ' ` , 20,I� arry E: Rediger, Mayor ATTEST: / ��9��U �jss � ,��' OG � � �� '� Gayle . Conrad, City Clerk v '�,�°�p. L 9 1�.� �: w0 r ��%"'� �,f �~�, ��r `&ja � �. CITY OF CAPE GIRARDEAU BIG BEND ROAD WIDENING & IMPROVEMENTS TTF-3 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the re-► day of ��vN� in the year 2010 by and between the City of Cape Girardeau, f��iss�uri (hereinafter called OWNER) and N;p R�1 1 e� Equipment (hereinafter call�d CONTRACTOR). Company, Inc. 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 project consists of widening and improving Big Bend Road from North End Boulevard to Bertling Street which includes constructing curb and gutter sections on both sides of existing roadway, constructing sidewalks on the east side of roadway, retaining walls as specified, asphalt overlay, Main Street widening from Mill Street to Pearl Street. Main Street and Mason Street intersection improvements, Mason Street and Chestnut Street improvements, Big Bend Road (Rt. 177) and East Cape Rock Drive intersection improvements, storm water drainage improvements, and all other appurtenances as specified in the bid documents for 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 completed within Two Hundred Seventy(270) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within Three Hundred (300) days after the date when the Contract Times commence to run. A-1 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER wil! 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 One Thousand Two Hundred Dollars ($1,200.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Five Hundred ($1,500.00) 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 b�:?ow: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: one million, nine hundred and eight thousand, one hundred seventy-one dollars and eighty-nine cents $ 1,908,171.89) 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. 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 sh�.�� na�e 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 A-2 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 satisfacta,y 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 Payme��t. 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 �rc��ided 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.i C�i�Ti�1�i�R nas examined and care�uiiy stuqied the Contract �ocuments (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 becom�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). 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 �elate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports, and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable io CONTRACTOR, and the Contract Documents a,-P gei�erally sufficient to indicate and convey understanding of all terms and conditions �for perFormance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. A-4 The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-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 PB, CPB and consisting of 4 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 _Big Bend Wideninq & Improvements Technical Specifications 8.8 Drawings. 8.9 Addenda numbers 1 to 1 , 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 service� requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WOR.K 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. T�e docui-i�ei�is iisie�i in paragraphs 8.2 ei seq. aqove are at"tacned to this Agreement (except as expressly noted otherwise above). A-5 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 itselt, 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 ha�e 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 t�2 C011f�c vi iii8�iuj�Ci. I ileS@ i71U5�U2 pi'OVIC]�C� O�l �WeelCly DaSIS; ii no work was done, then a payroll stating "No Work Done" must be submitted. A-6 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 �unl� -� , 2010 (which is the Effective Date of the Agreement). OWNER Citv of Cape Girardeau CONTRACTOR Nip Relley Equipment Scott Me r Ci� Ma er com ny, 1 _ B : By: POR T SEA ORPO TE SEAL] ir1C.(„ Q et� ,.J Attest O'C Attest •��. GAyi . �onrR�aD ��r��',2,+� Frer1 2 rs Address for giving notices Address for giving n�ices 401 Independence Street � � 1� �r't't'1 ��1/�i Q q S+ Cape Girardeau, MO 63703 CQ� ��'o�''cI�Cl�t,, �l� (0371�� (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. ,--'�IR�� (If CONTRACTOR is corporation, � ,�, � attach evidence of authority to sign.) � �� . �, f �� .1. " �, v 1(� y- ��1 h'`�C�� i[ � � s� ,ti�\\'` , ' � . 1 � �� '� ��:r � ' '�,r ��'.1��; i�� : � .->>1 .� t ^o`� � a � �'�� i� , t �A� � �:,� � � .� ;� � . . �?y ��_� �'k Y'�K v'+�i cr �'� \_l.�',��.1:�.�nr��,�5� A-7 Exhibit "A" CITY OF CAPE GIRARDEAU BIG BEND ROAD WIDENING & 1MPROVEMENTS TTF-3 BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of widening and improving Big Bend Road from North End Boulevard to Bertling Street which includes constructing curb and gutter sections on both sides of existing roadway, constructing sidewalks on the east side of roadway, retaining walls as specified, asphalt overlay, Main Street widening from Mill Street to Pearl Street. Main Street and Mason Street intersection improvements, Mason Street and Chestnut Street improvements, Big Bend Road (Rt. 177) and East Cape Rock Drive intersection improvements, storm water drainage improvements, and all other appurtenances as specified in the bid documents for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and - within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. fn 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: BF-1 Addenda, f2C@Ipt Of aII WIIICII IS IIEr@by aCI(IIOWI@C�geCJ: �List Addenda by Addendum Number and Date) Addendum #� - 4/30/10 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities)at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions 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. (fl 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 BF-2 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. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by • submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and • providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. • http�//www uscis.qov/portal/site/uscis (j) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL Q-�y PRICE EST. PRICE BF-3 1 CLEARING & GRUBBING ACRE 1.4 $�y�?4• �$ '4 �� 2 TREE REMOVAL -6" TO 12" EACH 3.0 $ 17 7. 3S $ � a. 1 3 TREE REMOVAL - 12"TO 24" EACH 25.0 $� $ lD 1 �U 4 TREE REMOVAL -24"TO 36" EACH 22.0 $ L0� .`7 $ (O '�d 5 TREE REMOVAL - >36" EACH 2.0 $��'� $ � 8�7 � 6 STUMP REMOVAL <36" EACH 1.0 $�3oq" 18 $ O •J �l 7 TREE REMOVAL ON BERTLING ST. ACRE .75 $ 3q•3D $ 7 �°L�� Ll� 8 REMOVAL OF EXISTING LS 1.0 $ 1�1.�8fol.(�I $ �O� g • I IMPROVEMENTS 9 FENCE REMOVAURELOCATION LF 131.0 $ ��. $_ � o .7� STORM SEWER SECTION � 10 15" RCP LF 2463.7 $ .3� .�� $ 8B ?• � 11 18" RCP LF 511.90 $_s��.S�B $ 1 ��'Q� 12 21" RCP LF 119.5 $_��2 $�-0�-�7 13 24" RCP LF 92.0 $ �f 1.�7 $ 5 .oy 14 36" RCP LF 112.0 $ 61.�1� $ S`d 3 • � 15 48" RCP LF 277.3 $ g .�d $ $77. �J 16 54" RCP LF 268.7 $ �Q 7•� $ d��a•U� 17 24" RC-FES EACH 2.0 $ CP�o • $ a . 7� 18 36" RC-FES EACH 4.0 $�� $ . a B F-4 19 15" RGFES EACH 1.0 $ �of • � $�3a.s� 20 21" RC-FES EACH 1.0 $ �f�a.a✓? � �,� 21 48" RC-FES EACH 1.0 $ � •1�0 $ ��D�•f� 22 54" RC-FES EACH 1.0 $ `�� $ � � 7•� 23 54" RCP BEND EACH 1.0 $ �� • � $� g . �� 24 STANDARD SINGLE GRATED INLET EACH 33.0 $�,��- $ �� oiJ�YLI 25 STANDARD DOUBLE GRATED INLET EACH 10.0 $ ��Og.3a $ aa, �3-oZ7� 26 STANDARD 4' x 4' AREA INLET EACH 1.0 $ � I D�o.� $ a )o�.rl a- 27 5' x 6' CAST-IN PLACE JUNCTION BOX EACH 2.0 $ CI.�O3 $ 9.ab 28 4' x 2.5' BOX CULVERT EXTENSION LF 10.0 $ �� $ g�� 29 4' MANHOLE WITH GRATE EACH 1.0 $ �SS. $ g�'� 30 GRADE DITCH LF 250.0 $ �•�� $ � °2�•D� 31 RIP RAP-S.Y. SY 36.0 $ 3$•�� $ � 3• 32 4' JUNCTION MANHOLE EACH 1.0 $ � 0� 3• $ I •$ 33 MODIFY EXISTING JUNCTION BOX EACH 1.0 $ �0 d8�3 $ a�'�3 STREET SECTION CY 4746.5 $�P•37 $ a 3 S•�� 34 COMPACTED FILL 35 EXCAVATION CLASS B - DIRT CY 14529.3 $� $ � • 3� B F-5 36 4"AGGREGATE BASE SY 20464.1 $�� $ 8 • 9 37 2"ASPHALT OVERLAY TON 2797.0 $ 7a•7`( $ �fl3 4' 3.7� 38 TACK COAT GAL 4151.8 $ � •�� $ D �O? • a 39 30" CURB & GUTTER SECTION LF 6603.3 $ � • 10 $ � � �0 �l- l 40 6" P.C.C. DRIVEWAY SY 1136.3 $ .J�•33 $ 3 ��• 8 41 6�� P•C.C. PAVEMENT WITH 6" SY 438.1 $ .g9 $ l� a�.�3 INTEGRAL CURB 42 7" P.C.C. PAVEMENT SY 6007.4 $ •�a $ 0�-3�,��'7s 43 7�� P.C.C. PAVEMENT WITH 6" SY 7895.3 $ 3 5'�� $ �� a�� INTEGRAL CURB 44 PAVEMENT REPAIR/PATCHING SY 1650.7 $�� $�� 7 / � � 45 TRUNCATED DOMES (2' x 2') EACH 54.0 $�/ $ ✓, f D6• �g 46 4" SIDEWALK (5' WIDE) SY 3710.6 $ � g•�Dg $ �� A� 47 ADJUST MANHOLE EACH 16.0 $ �33 .�8 $ 3 S1�8 48 CONCRETE MEDIAN/ISLAND SY 45.5 $ J •7 $ �.� •1� 49 CONCRETE STAIRS SF 722.0 $ �(�• SI $ yO �00.� 50 HANDRAILS LF 400.0 $ � �� $ ./ /�� TRAFFIC CONTROL SECTION 51 PAVEMENT STRIPING LS 1.0 $�f�,yo'ZD•31 $ c� .3 52 TRAFFIC CONTROL LS 1.0 $ $ � �� 53 STOP SIGNS R1-1 EACH 1.0 $ I� �3 $ � �3/ B F-6 54 YIELD SIGNS R1-2 EACH 2.0 $�j 3�g $ o�o��.q� 55 NO PARKING ANY TIME SIGNS (R7-1) EACH 40.0 $ 97. �9 $ 3��j �U 56 NO PARKING HERE TO CORNER SIGN EACH 14.0 $ gg• �! $ ��y3,3� 57 NO PARKING ON PAVEMENT SIGNS EACH 4.0 $ ��.�� $ �g`��ay 58 PED. CROSSING 500 FEET (W11-Z, � �� LID,`�� W16-2) EACH 4.0 $ o� �. -' $ 59 RIGHT LANE MUST TURN RIGHT SIGN EACH 1.0 $ � I g, sg $ � �� S� MISCELLANEOUS SECTION 60 SILT FENCE LF 2279.0 $ �•s� $ S�q-7 50 �► 5 61 EROSION CONTROL BLANKET SY 5367.7 $ a.3� $ �a��a' �• S� 62 CONCRETE BLOCK RETAINING WALL SF 5310.4 $ a3.�0 $ )�a�y�� -� �� a4 63 CHAIN LINK FENCE LF 232.0 $ �� $ 64 HYDROSEEDING ACRE 1.1 $ a 4 54.°� $ �°t y�- sb 65 FERTILIZER, SEED & STRAW, MULCH ACRE 1.9 $ �Q�Sa,.a� $ 3� J g 35 ��l (7g 66 REMOVE AND RELOCATE MAILBOXES EACH 32.0 $ ��'a• - $ S�S�, s 67 MAILBOXES (NEV1n EACH 17.0 $ i ��f 55 $ j g��' � 68 REMOVE AND RELOCATE CITY LS 1.0 $ ��`�� $ ��'�� STREET LIGHTS (N. OF BERTLING) �q TOTAL BID FOR ALL UNIT PRICES $ l � �� g ��, � —� oY1 � Vi�. � � t� 0 Y1 Yl ��Vt�° �/l U��'�� P i�J.� � �t o GC.sa H.� D`(P n r� � 8�� BF-7 (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 exte�ded, 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 Two Hundred Seventy days (270) calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within Three Hundred davs (300) calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the 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 cashiers check. (b) 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 (fl 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. BF-8 8. Communications concerning this Bid shali be addressed to: Name Vince Kellev Address 4� North Sprigg St. , Cape Girardeau, MO 63701 (a) Performance and Payment Bonding Company Name Merchants Bonding Company Address 2100 Fleur Drive, Des Moines, IA 50321 Agent\Power of Attorney Name (if used) Donald L. Wasoba Address 23 Avocado Tree Circle St. Peters, MO 63376 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 May 1 1 , 20 1 0. State Contractor License No. 0 010 57 5 IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership By (SEAL) (Firm Name) (General Partner) Business address: Phone No.: BF-9 S� � ; =Y1 '^` A Corporation � �'� ° "�`� � - � '° a j -. Nip Kelley Equipmen Company, Inc. ='��'� `�x�(��1,� �`'.�'..,. By ._ , (Corp ration me) ` ;� 't�. �,�, �o L� ��cL: �� _ �- � Missouri �" `- � _ �J� � � � (S e of or r 'on) � �,� ` By Vince Kelle y ;��'��"�'� ( am er n Authorized to Sign) " Pres ' (Title) - (Corporate Seal) AtteSt Frank Myers (Secretary) Business address: 4� North s riqq st - Cape Girardeau, MO 63701 ( 573 ) 334-0553 Phone No.: Date of Qualification to do business is Januarv 1 974 A Joint Venture - - By (SEAL) (Name) (Address) gy (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-10 BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: All work except that which is listed bel �w i�nr3Pr Gnhrnnt-rar-f-nrS. It is anticipated that the following subcontractors will be employed for work on this project: *SUBCONTRACTORS: (Name of Company) (Type of Work) Apex Pavinc� A Spha� t pa 's� Kluesner Construction Flat Concrete Quality Tree Service Tree Removal K & K Electric Street Light Relocation Diebold Parking Lot Pavement Striping Murray Enterprises Handrail Adams Masonry r�u1ar B o k R taining *All subcontractors shall be registered with the Missouri Secretary ot 5tate in orc�er fo woPrlc Wal l on this project. BF-11 � City of Cape Girardeau �' Development Services Department �,� �,k;�; �,,r_ �, r ,�,,; µ, Engineering Division PO Box 617, Cape Girardeau, Missouri 63702-0617 � � Phone (573) 339-6327 Fax (573) 339-6303 BIG BEND WIDENING & IMPROVEMENTS PROJECT ADDENDUM #1 April 30, 2010 1.) There is not a defined traffic control plan included with the project plan set. The successful contractor will be responsible for drafting a traffic control plan and submitting to the City Engineer for approval. Refer to Section 100, page 1 of the Technical Specifications for more information. 2.) The top elevations of the storm water inlets through the realigned portion of the project can be calculated based on a 2% street cross slope. See attached exhibit A. The top elevations of the inlets north of the bridge will need to be adjusted in the field as there is not a consistent cross slope to the existing pavement. Approximate top elevations of the junction structures, junction manholes, and inlets south of the bridge are attached as exhibit A. 3.) The City of Cape Girardeau will be responsible for the testing of soils, aggregates, earthwork compaction, concrete, asphalt, etc. The Contractor will be responsible for the construction layout and staking as addressed in Section 100 of the Specification Book. 4.) The City of Cape Girardeau is now responsible for the right of way the entire length of the project; therefore, the 24" and 36" CMP & FES shown on the original Bid Form will now be replaced as 24" and 36" RCP & RC FES. See revised Bid Form for item numbers and quantities. 5.) The Contractor shall take extra care when excavating on or near the levee to preserve the levee's structural integrity. New embankments adjacent to the levee shall be placed and compacted according to Technical Specification Section 204 — Earthwork. 6.) The foundation wall to be removed along Main Street shall be removed to an elevation of two (2) feet below grade as stated on the demolition plan sheet, D1. 7.) Demolition sheet D3 has been revised to include the removal of 2 trees located at 207 Mason Street. One tree is 27" and the other tree is 26". Bid Form Item No. 4, Tree Removal — 24" to 36" has been revised. New Bid Form is attached. See exhibit B. 8.) Demolition sheet D5 has been revised to include the removal of a 24" tree located at 1602 Big Bend Road. Bid Form Item No. 4, Tree Removal — 24" to 36" has been revised. New Bid Form is attached. See exhibit C. Addendum#1 Page 1 of 2 Big Bend Road Project 9.) Excavation quantities along Bertling Street were omitted from the original Bid Form. Bid Form Items Compacted Fill and Excavation Class B-Dirt have been revised. New Bid Form is attached. 10.) Plan and Profile Sheet 12 of 15 has been revised to include the partial removal of an existing culvert at 1731 Big Bend Road to be paid under Bid Form Item Removal of Existing Improvements. A section of sidewalk is to be constructed adjacent to existing concrete steps. The sidewalk will be paid under Bid Form Item 4" Sidewalk (5' Wide). New Bid Form is attached. See exhibit D. 11.) Revised the Basis of Bid description of Bid Form Item — Removal of Existing Improvements in Technical Specification Section 101 — Measurement and Payment to include removal of building foundation (on Bertling Street). Revised Section 101 attached. 12.) Added Bid Item —Tree Removal on Bertling Street. This item covers the tree removal as needed along Bertling Street to achieve desired slopes. This item will be paid on a per acre basis. New Bid Form attached. 13.) Payment for excavation of all Class "A" materials shall be as follows: a unit price of$40 / cubic yard will be paid to the Contractor for Bulk Rock Excavation and a unit price of $75 / cubic yard will be paid to the Contractor for Trench Rock Excavation. The cubic yard quantity measured for Bulk Rock shall be deducted from the plan "Excavation" quantity for all Bulk Rock either satisfactorily removed or left in place as directed by the City Engineer. Payment for Bulk Rock Excavation shall be made in lieu of payment for "Excavation". 14.) The City of Cape Girardeau will be responsible for the measurement of all Class "A" materials. The Contractor shall notify the City when rock is encountered and shall not begin excavating rock until the City has given authorization to proceed. 15.) The pavement replacement resulting from pipe trench excavations shall be paid under Item No. 44 — Pavement Patching/Repair. See Section 101, Basis of Bid, in Technical Specifications for Item No. 44 for pavement thickness details. 16.) The drain pipe behind the retaining walls does not have filter fabric around it. 17.) The material excavated from the pipe trenches is not included in any of the dirt quantities and is considered as incidental to the installation of piping as indicated in Section 101, Basis of Bid, in the Technical Specifications. This adde dum must be signed and attached to your Bid Documents. Date ��/'�"/6 Addendum#1 Page 2 of 2 Big Bend Road Project • �]E1VAY.SUI�i FORM BII) �i4Ni� � Bmnr�u��da��s�: N�ev �',Qui�ment Com�anY, Inc. 41 North SnriQct Street T' � Cape Girardeau, MO 63703 � � � S[iRE'['�C�[aa�e�d�o�'Pr�ia,c�ao�i Plmoe a��4u�sij- . Merchant,s Bondincr Co�mmany 2IQ0 Flewr Drive �� - Des Moines, IA 50321 Tel: 515-243-8171 OWNERfl�larne and Addrtss): � Cit�r of Cape Girardeau. City Hall, 401 Independence Street Cape Girardeau, MO 63701 . �"` BID _.�. --�, B�DAUEpATE:�.il, 2aio,_ PR03ECT(8�'iefDasFriptio�c Lirl�;�►Q t.Qcation): Bi Bend Road Widening and Improvements. g_ 13bA'b --� BQND NUMBER: N/A DArE:jNat later ehaa Bid D,se DatBJ:�2010 __._-�. -- -.—�_.....� PENALSI7M: Five Percent of the Amount Bid o o . i IN WTTNESS WHEREOF,Surtty and�idc�er.in�ding tfl 4�legally bou�ad hereby, subjecE tv the tesms Ixin2ed on the,reverse side h�reof.da e.�ch csnse this Bid Bond ta be dtilp exr,c�ted on its behalf by its $ilthAriz�d"of�ic��.ageiot�osr rep�e5elitaiive. _�- ,..a, �,�_r - �� [j` . ' _ o�F��` ; ' �'�� ;� , � '��• �tSeai) r�xc�rr�rs eonmrsvc cor�� ea�:y� � ,��:. ��,��, `�Co or�te al erp'g Nameand Cozparatz S�aI _`� ': �� BY� l _ Bl� !' �?,-..o•Z� � �,,.!,:�r��.. f j� � Signatum d Tide 1 t� - � � � .0 �Lr,1 'i�r�s��ent Signat�u�e snd htle(Atfeeh Foare.r 0£�'-y�C�y� �. � _� �J Donald L. Waso , Atto e -in-EaGt _ A�� 9 X�IX Witness: �ignatnre and'IStIc � :�€g��ure 'I�tle NO T& (1) Abave�sra ta be used for giving�aoEi�e_ t2) AaY�8��'��rauce tv Biddef,Su��r,C3wn�or pt�er party sha�l b�5n?��r�.,.,,�a;�.�.,� ap�p[icaa[�. _.. . f� ...x:� , . •y� � . _ .. � �J�i��l 1- Bic3ckr�md Sonty,los�t�}'mtd severaRY,bit�d thesaaalrq,t�,r Bood s��y�a f��APt�bla M7tS.ZkcCApDfS.�drsljtqy�[�g BVCCd1SOTs tnQ s�3}�ts T�p�W awoes upoa de4�ul�af 8idder Ihe pcnal sum aci fQrth on�tut �'�d�e p�ipp ot's9i4 Ets4to ti��nvt�t�d the o f this B ond, �a of ffiea�d t5st u aot fn cawfkct t�re�vitli sball coatin4e in tuil Sbrc�a�d c�cct. :, Defauft of Bidd��sl!cccur�pon the FeiJuR of Bic�dtr to !l. Thc ta�m�b;d"as�d t�is►inciudes a bid.offe�or • deliwcr wiihia�h�cime requir�by[De Hiddiag Documcnts the u sppfics6le. P�sai extcutCd ASrcentcAt ioquucd by the Hiddnt�Douaneeta attd aay Aerfozmatu�and paf'[�sen�bonds requircd hy ths BiQding Doaumencs ar,d Conmt[Do�arrnoats. 3. 7'dis oblig�ion shalt bc nvli znd void iC: 3.1 Oxmar uce��9i�der•s bid and Biddtr dclivcrs w;�,m ch�dme required Py the Bidding Documuev(or sn,� ex�sio4 tLereof#greed to in wriang by p�)� execy►r,d pgreemcn��,a,�d hy rhr 8idding dovumens and Auy P�ana and payrraent bo� *rquircd by che�idding ilowmea�a an$Coauaet Docum�v,oF 3•� A11 bids arc rcjetxed by Qwn�,Q; 33 O"'�nT�i�t°',y�y�a�p�of awjrd tc Biddu svichin thc timC speciG�d 9n iI►e Bidding Daamtts�ts(or sr,y exceatian tlsaeotagraed co in writiog by$iddetynd,it aAP�tsle,con�atcd to by 5urery when r�qattid by par.�qraph 5 haco� 4. Pay�nt��ju gp�u,j11 De due u�d p�abtC uport def&uit Of fll'��Cf itld Wi'�1fit 30 C9{Cil�BP dLyS a�Gi CGCG�t ay�I�df 0R� SO�Y��t notice oidcfsutt from pwnor,x,{t;�y,noti<e wilt br g�vcn with nasonahk pro��,;d��{�g�is Bnt�d�nd ��oject and includiDg n staacr»anc af the amouac due. S. Surcry�wsi�3 noticc of and any at+d sR dafi�scs bas�d cn a� ansiag o�,t oiany cime cx�anaiou to iuuo uotice ofawsrd a�rCed tp in wnUag by Owper nnd Biddcr,pr�vided�M�zhc tima far issuing nosa of awstd►ncluding ox:ensions yTult not in the aggre�k exceed t20 dtys frem�id Doz Daic wi�hnur Surcry's min� constn� 6. No suic or ac�ion ahail be conancpted�nd�r tl�is Boad prior tp ��az'daYS��tDc notice pfdc�isutt required tn pu��raph 4 oeovo is received by BidJcr arrd S+u�ry,and in no ease tat�r than Ono ycSr alkr Hid Due Dn►c. 7. Any su�t oractirn�uridar�is Band siui!6a cortxtrec�ed vnly in a court ot cvu�etersc judsdierion lvcased in ihe state ia w�h t6, Panject�s bcated. B. Notice e'cquircd hertundcr sttaii be in writing a�d stnt ro Hidder snd Surcry e�chcir�es�ec►ive�pddresses ahowu on[he tsce olthis Bond_ Sush noticts msy he stwt�Y D�a}dttivery.comtnecrial oowier ot hy Unite4 SRtes RngicteKd or Ceitificd Msi1.ism7i ty- ceipt requ�ss�.Pos��.'Daid.and shall be dte�ncd to be aFfoctivo uPaa re�xipi by t6e}�arzyr�o�r�, . A. Surety�li caosc w ba sttaehza tv�hia Bond a�umro[aad cfY�ccive Pow�af Attomey evideaei�,g��;�,oF the nif;ea, ngcnt or t�tprrsanrative who oxtcuud t3tia 8oad au bchatf of S„r,�h' w oxuute,�1�,±�r1P1..,�,,,,:s;n .� ••.:_�ihc�iue�taazDy. �� wJIV VKIt! !0. 7his Bond ia ir�ta►ckd w catform m zU applecabk smm�y - ��u-�Y AAF1��quissmeatef�ny�y itaWo�that hes bxu orniued�nrn tbia$wed sluli tk Qcm�ef m be inclndcd hottin aa ii s6t fbctb at length. !f any ppovision af the �.x�c�.�9�a-2ac��ssd�tx+o�� BF-2 � MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of lowa,and having its principai office in the City of Des Moines,County of Polk,State of lowa,hath made, constituted and appointed,and does by these presents make,constitute and appoint Donald L.Wasoba of St.Peters and State of Missouri ds Uue and law(ul Attomey-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its 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: 7'WO MILLION($2,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the ads of said Attorney-in-Fact,p�rsuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Direciors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II,SECTION 8-The Chairtnan of the Board or President or any Vce President or Secretary shall have power and authority to appoint Attomeys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature ther$of. ARTICLE II,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certifiqtion thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other sureryship obligations of the Company, and such signatune and seal when so used shall have the same force and effed as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 18th day ofSeptember, 2009. .•"""•. ��1G CO�A�� MERCHANTS BONDING COMPANY(MUTUAL) ;0o-O�1P09'•.q . • ;G '��•yc: .ty—:'2 -o- �� : 'Z� �:3; � :a' 1933 • � y . c. ey 'J6;��........�;�'a�ti. STATE OF IOWA ��••.�;..•' President COUNTY OF POLK ss. On this 18th day of September,2009 ,before me appeared Larry Taylor,to me personally known,who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument,and that the Seal affixed to the said insVument is the Corporate Seal of the said Corporation and that the said insVument was signed and sealed in behalf of said Corporation by authority of its Board of Diredors. In Testimony 1Nhereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,lowa,1he day and year first above written. CINDY SMYTH C�- �� Commission Number 173504 � ow� My Commission Expires March 16,2012 Notary Public,Polk County,lowa STATE OF IOWA COUhITY OF POLK ss. I, William Wamer,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing , is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),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 Company on this 11th day of May. � 2010,��s,", �...... . :- � ,:� ': •��NG Cp'•. ' � ';��. . ,h � �, . ;O� PO• :?9' � '�.;� :� 4R H9 y; `i/.�G��/ L� " � ' X,�� ' • �G �:.c• !/ "�pr�_ •►�—:_ -o- o� � ` � .. 'a� 1933 :3• Secretary ;'f .� . � . y :c. �� . :J'•. .�Q:' ,' , � �, . 6�,•.......••;�� • � POA 0001 (1/09) •. !y \ �• � .� �r . _ �� •....•. �,� . <.' �s`,.�+' c''� . EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name)Vince Kelley as (OfFce Held) President of(Compam-Name/Contractor) Nip Kelley Equipment Co� Ir��d first being duly s�vorn, on my oath, affirm as follows: 1. (Compam�i�ame/Contractor) Nip K2112y Equipment Company, INC. is enrolled and �vill continue to participate in a federal work authorization program in respect to employees that�v111�vork in connection �vith the contracted sen�ices related to (Projecr Name) Big Bend Road Widening & Imp. for the duration of the conuact in accordance with RSl�Io Chapter 285.530(2). 2. I also a{flrm that (Compan}'Name/Concracror) Nip Kelley Equipment C�ey Inc. not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Projecr Name)Big Bend Road Widening & Imp, for the duration of the contract. 3. �ttached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contractcd services. FURTHER r�FFI�NT St�ITH 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 K ley Equipment Company, Inc. (I�iame o orporab 8��: (I�;afn o icer of oration and dtle) Vince Kel y, President r�TT .,,, �e�nt;t�c-'--�o�q�he�.off er) Frank Myers .6 �.e .a • pti•�• t' � ' *�ah `,�% ` � L- t�-' � 4 h 1 e�/ .h. ` `��L� COFF�P�IZ:-�TION) y f T.. ��',', r �t., . ! �� %�e� f,� }�'�� f r�'��r� � �:,yc,�' i � +,,, r ��° �!'�kci:. s�'� ST.�T'E OF I�IISSOURI ) ) ss. COUNT'Y OF C�PE GIRr1RDE�-�t� ) On this ��day of �a�l , 20 I u, before me appeared V Y1l' �L�� , to me personall�� kno�vn,whq being by me duly s�vorn, did say that he/she is the ✓�Si G{-l��' of�� CQ ; ,a2t�'!{'('a. S'�'1C , a i�Iissouri Corporation, and that the seal affixed to the foregoing in e t is the seal of said Corporation, and that the said instrument �vas signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said insu�ment to be the free act and deed of said Corporation. IN TESTI1�10NY WHEREOF, I have hereunto set my hand and affixed my official seal, at m�� office in Cape Girardeau, I�Iissouri, the day and year first above written. ` O�p�Y P�,_ ' � ' STACI L PEPPLE � =?'NOTAfi`f G�'- My Commis.�ion Expires � _" • ''= February 9,2013 ` =��. SFAL ScottCounry Notary Public ��OFM\.`�` Commission#09434217 '�� I�1y Comnussion Expires: l��'J . �, d>J�� EXHIBIT AFFIDAVIT REGARDING EXCESSIVE UNEMPLOYMENT C0��1ES NO�Y/ (Name) Vince Kelley as (Office Held) President O{(Compan}•Name/Contractor)Nip Kel le� Ec�uipment Co. , I�l,first being dul}� sworn, on my oath, affirm as follo�us: 1. Whenever there is a period of escessive unemployment in the State of Missouri, as defined in Section 290.550, et seq., RSMq the contractor will comply with all of the provisions of this Statute in respect to emplo}�ees that will work in connecuon with the contracted sen�ices related to (Project Name) Big Bend Road Widening & Imp. for the duraaon of the contract. 2. I also affirm that (Compan.�Name/Contracror) _Nip Kelley Equipment Co. , INc. does not and �vill not knowingly employ a laborer who is not a "1�lissouri Laborer" or a "Laborer from a Nonrestricuve State", as those terms are defined in Section 290.550, et seq., RSNIo, except that other laborers ma}� be used if such required laborers are not available, or are incapable of performing that particular type of worked involved, if so certified by the contractor and approved Uy the Cit�� of Cape Girardeau, or unless otherurise permitted by that Statute, in connection with the contracted services related to (Projecr Name) Big Bend Road Wideningf� tl��zration of the contract. FUK"I'HFK r1FFIr1NT S��ITH NO"T. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the � undersigned understands that false statements ma e in this filing are subject to the penalties provided in Section 575.040, RSMo.) Nip K lley quipment Company, Inc. (?�ame of or�or o j B��: ('_�iam of officer of oration and title) Vince Kel y, President �TTES � ��i�g2��° !it'' . b ,}� ��e�e�n°�o��c��herAffice Frank Myers f4• a .. i0/u�a�'k;.j¢ �f ." � � -�'d►'V�h` ' �� ( � _ ;� ; �� " �-'� ` ��'� ��"°O,�,�RPOR�ITION) ✓^, � 9 �,� _ �" STr1TE OF ��IISSOURI ) ) ss. COUNT'Y OF C�PE GIR�RDEr1U ) On this l I�'n day of �l'l� , 20 lU, before me appeared `!(�1f� f'�.L �� , to me personall��kno�vn,who, beil by me duly sworn, did say that he/she is the ►'�� of Nri) �,(,(�G�1 �Pu7/)✓Yl�i?� • S��I�Iissouri Corporation, and that the seal affixed to the foregoing ins ent 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 Corporauon. IN TESTII�IONY WHEREOF, I have hereunto set my hand and affLxed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. � ,,�,��, �G � �:�p�tY P(j��,� STACI L PEPPLE �?�•NOTARI'G�= MY Commission E�ires ' : _ February9,2o13 Notary Public S�� Scott Counry ''�'�M\+.`�` Cammisoion#09434217 Mj� Commission Expires: �t�. 9, av �? . ;r� '4:+� ° _ '''h. �-„'uSA�:s � _ er' _�� - ��{��_ �'!Cl 4' E V6NI?f�IS.l EP :C:GP GhS Company ID Number: 211168 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE 1 PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Nip Kelley Equipment Company, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verificatior� Form (Form I-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authoriry for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the F'Jerify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") io verify the employment eiigibility �f certair� employees working on Federai contracts is also found in Subpart 22.18 and in Execu4ive CGrder 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Pa�e 1 of 13�E-Ve;i#y�CU for Eiralcyer�R2visio^Da;e SCr2��08 ��_��•��'��:'��g}�� . . .`{ji.r;yF.,,. . iEr'i /� '/UJr/��< �� ,: - ��' y ... •••� � r t�� tf..' . (II�II'Lt � �,ST{� 6 ERIJY IS :.SERVIC4 OP Dt5 Company ID Number: 211168 4. SSA agrees to provide a means of automated verification 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 initial inquiry. 5. SSA agrees to provide a means of secondary verification (including 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 etigibility 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 1Q days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILtTIES 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 means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational . problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer 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 Page 2 of 13�E`Je�i�y P,tOU ior E�r.�loye��ievisicr�aie tfl:29!08 ��t� �'� '�°� y �j's:+�/�^��t�fy SE�- s ' � ��r �} " USA�� : — '�s��ri '- illllll�: er' �ke�,� ��.�t,�r E-VCP.IPY 2S x SERYICS GP OHS Company ID Number: 211168 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 employees 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 provicle 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 becomF 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 employment verification queries wil� complete the E-Verify Tutorial before that individual initiate� a�y queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated 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. Page 3 of 13�E-Veii�i�;^vU for E�rployer�Revision Da,e 10l29,'OS =a��+t;�-4��.��3t�#�-�1��'� , e'cilti'•.. ,:=.SF,C(N � ..�5 ,��U$A�< — �y��t� �, QHili�: er, :_. ��.�sTkr E-VERZPf IS A$CRt'IC3 OP GHS Company ID Number: 211168 6. The Empioyer 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 comply with the antidiscrimination requirements of section 274B 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 eligibility 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 emploype 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 Employer . . is prohibited from initiating verification proceciures before the employee has been hired and the ` - Form I-9 completed. If the automated system to.be queroPd is temporarily unavailable, the 3-day 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. betow) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Pana d nf 131F-Va�fv hAC;I l inr Fir.nlnvarlRevicinn I�ate 1�/?91�R �'V�'V'�51_i'Y�`15.4]ClV��-'�;?t'6�Sf r1r.:. l�-"i-ti � ' USA�' � , � _�� — �L�� IIIlIII . r.: . <� �r,_� �,.,s1�*`� � 3 ' tu E VEPSPY IS:.SER!•IC6(iP GliS Company ID Number: 211168 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 Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee 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 denying, 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 work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized ar�d terminate the employee's employment. . Employers or employees w�th questions about a final nonconfirmation may call E-Verify at 1-$88-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2515 (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 will 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 Page 5 of 13�E-Veri;y MCU'or Eir:ploy2r�?evis�on Date i0(29�08 ��'��1.��=��7`��•`�� c�%11 Y,��F,�� } n/�u�� .Fl+�� t SUj�<�� il'II�`� ��' ��.».... .�nr'* Y-VEP.IPY 25.t SERViCE n�Gk5 Company ID Number:211168 authorized by this MOU. The Employer agrees that it will 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 acknowledges 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 i. The Employer understands that if it is a Federal con#ractor subject�#� the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the,employment eligibility of all other employees required to be verified 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 Paae 6 of 131E-Veri"r�PJOU(or Em�loverlRevisicn�ate 10l23�'OS ��;��.,��l�.�€��f�-ll��'iftf t =, L`F��-.. _ �\t',. .�u��:t — {�, �` '��IIIIIii ;` y, er� u�_� � ��.,n�r� ,_,��,. e-vert:er :s:,saxv:ca oe cns Company ID Number: 211168 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 tI.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 I-9 procedures for Federal contractors: The Employer may use a previously completed Form I-9 as the basis for initiating E-Verify verification of �n employee assigned to a contract as long as that Form I-9 is complete (including the SSN), complies with Article II.C.5, 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 for 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 I-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 additional 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. Aage 7 of 13�E-`Jeit�,10U for Eir:ploye��Revisior.Date 10129�08 ',�'�;�'�t•��•��'�_�`}�5`�:£�� t�� fl(i _ F_t� t �3 �`�/u$A�.';i — ,.\�1 = Q�� ` ��' Gryz'cr� '�•,�.x�,``, E-VCP.IPY 1S.:SERVICE OP GNS Company ID Number: 211168 ARTICLE Iil 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 Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only 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 so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee.contests an SSA tentative nonconfirmation, the Employer will provide , _ the employee with a system-generated referral letter and instruct the empioyee to visit an SSp, office.within 8 Federal Government work days. SSA w�ll electronically transmit the result of the referral to the Employer within 1� Federal Governmenfi work days of the referraf ;�nless it. determines that more than 10 days is necessary. The Employer agrees to checic 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 Page 8 of i3�E-'Je��y��10U�or E,r:ployer�Revis�cr�aie 10/2�:�08 ��,gvir'�,�f�1�.��Y,��.-��if� Sf,� � l\ , J{� �U��> � � � srC�.� �� (�I��j �'inkr ,?"�,. 6-VPP.ITf��SS A SfiRVICE OP GNS Company ID Number:211168 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referrai 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 Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will send a copy of the employee's Form I-551 or Form I-766 to DHS for review by: • Scanning and uploading 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.th� 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 the Immigratian Services Verifier at DHS uvi�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 PARTIES 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 all 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 Page 9 of 13�E-Verihj 4�OU Ior Employer�Revis�or Date i0i29!�r3 =h��`'�=C��'sa�-q?°�3�T�-��t�i��i . • S£f o�%_\, .jn' �F � ,� oa A �U��'. { ��' ��+` .....�'ra ! (�I��,�� .,,.E-r �?tt4T S-VERIiY IS h 53RVZ.i�P GY.S Company ID Number: 211168 mandatory refresher tutorials. An Employer that is a Federai 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 Employer 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 all 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 atl 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 MOU is intended, or should be construed, to create any right or benefit,.t_...,. 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 parry shall be solely responsible for defending any claim or action against it arising out of or related to �-Verify or this MOU, whether civil or criminal, and for any liabiliry 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. Qana iA nf 19iF-Uar,iv ttri:�l l fr.r�mnlnverlRevisian date i0:'29i08 ��TL�F��d.��l�.qL'�i��a�1��1�� .,sr, � �,�i.., �. ..v ��i��` s �/USA�< j- L �'I'��2 �� ...:.,...�� '7Rk�' 6-VBRI?'t 3!.l SERYiC3 JP Dt5 Company ID Number: 211168 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions;contact E-Verify at 88&464-4218. Employer Nip Kelley Equipment Company, Inc. Vince Kelley Name;Piease Type or Print} Title E/eclranically Siqned___ 05105120fl9 --------------- __...._.._______._._...____...---____...__._....----- ---------.._.__._____....__...------------._....._._...._....._.....----....------ Sigrtature Date Department of Homeland Security-Verification Division USCIS Verification Division -- ------- - _—_------ --__ -------- ---..._---------- --- --___ __- -----__------ --- _ _...._ . -------- A�ame(Please Type c�r Print) Title Electronica/�y Signen` i�51fl5i20t39 Signature Date Pags 11 of 13iE-Veriy Iv10U for Employer�Revision Date 10�29t08 �t�Rt�l.�h�.�L��'-��s'ss�# . :,c.�j�t� .Y"if,(.fA _ . i� n+�u��1 9YL��nn f af 7 (��)�: er� _.... : c:. %�'/S'1'kr 6-VER3PY�IS A SHNI'.Ci UP DliS Company ID Number: 211168 Information Required for the E-Verify Program Information relating io your Company: Com�any Name: Nip Kelley Equipment Company,inc. �ompany�acil9#y Address: a� �orth Sprigg Gape�irardeau, MO 6370y Cornpany A(tern�te t�ddress: County.or Paris3�: CAPE GlRARD��IU �mployer ld�nfifica#it�n Q�lutTlbe�': �31086200 �iorth �kmerican lydusiry Classification Systerns �o�e: 237 �arent Co�par�y; Nip 4Celley Equipm�nt Gompany,ina �lumb€;r of Employ�es: 20�0 99 ^�}imber of Sites Verifi�d tor: y Are you�erifying�fq�more than 1 site?1f yes; please provide the number of sites verified for in each`State: . MISSOURI 1 site(s) Pana 19 nf 13f�-Variiv lv1l�(I fnr�mnlnvPrlRe?vitinri I�ata i(�'?9%�R �l's��L�X.�i1s:.EAi'3'sl��.-��i�'I�Sr a 5--�+`m _,�"' �c ,� . � lusw�> � _ Y� �' ��;� �r� i. os . ..,. � ' �'��SIBT 8 VCRSPY 25:.SCRVICd.^.P GH.S 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: speppleC�lnipkelleyco.com Narne: Vince L Keliey Telephone Number: (573)334-0553 FaxNumber. (573)334-2025 E-maii Address: vkelleyC�nipkelleyco.com Page 13 of 13;E-Verfy h10U for Employer�Revision�a�a IOi29i08 "2;=t:=��x.��i�.��V��-�it��'ef�' EXHIBIT AFFIDAVIT OF OSHA TRAINING CO�iES NOW (�ame) Vince Kelley as (OfFice Held) president o{(Co�npan�-Name/Concracro�) Nip Kelley Equipment Co. , ��first being du15� s�vorn, on mti� oath, affirm in connection with the contracted services related to Big Bend Road Widening & Im�. (Pr�jecr Name) for the durauon of the contract,as follows: 1. Contractor shall provide a ten (10) hour Occupational Safety and Health �ldministration (OS�I�) construction safety program for all employees who �vill be on-site at the Project. The construction safety program shall include a course in construction safery and health that is appro�>ed b}' OSH�� or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHr1 program as required b}' Section 292.675, RSI�Io. 2. Contractor shall require its on-site emplo}�ees to complete a construction safety program within si:cty (60) days after the date work on the Project commences, as required by Secuon 292.675, RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site �vithout documentation of the successful completion of a construcuon safety program shall be required to produce such documentation within twenry (20) days, or will be subject to remo�ral from the Project. 4. Contractor shall require all of its Subcontractors to comply with the requirements of Section 292.675, RSNIo. 5. Contractor acknowledges that pursuant to Section 292.675, RSI�1o., Contractor shall forfeit to City as a penalty two thousand fi�re hundred dollars (�2,500.000), plus one hundred dollars (�100.00) for each on-site employee emplo}'ed by Contractor or its Subcontractor, for each calendar da}'> �r portion thereof, such on-site employee is employed �vithout the construction safety training required in Section 292.675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMq and imposition of the penalties described therein shall be im=estigated and deterrnined by the Missouri Department of Labor and lndustrial Relations. 7. Contractor acknowledges that in the e��ent that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred and that a penalty shall be assessed, the Cit�� shall withho!a and retain all sums and amounts due and o�ving when making payments to Contractor under this Contract_ FURTHER�FFI�NT S�ITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this 5ling are subject to the penalties provided in Section 575.040, RSMo.) Nip Kel ey Equipment Com an Inc. (l_�iame of co ranon) �,. B�': (I�iame of ficer oE oratio and title) Vince Kelley, esident �1TTE . s :s ° :;:, S,�cYeta�,� ;h��pt�ic �rank Myers � . ," e ,� � �._ � �, � � , �. _�sa � � � ��. J �; t P�• �"�1 ' ��`�,O��ORI3Q��'TIOi�7) >-, r ;._�� , � " ,, �'� � z.�`j ?Ii�, ,� i"::,: �T'AT�`�tF�1ISSOURI ) .,� � ) ss. � COUNT'Y OF Cr1PF_ GIR?�RDEAU ) On this ��h day of /j'�C' , 20 �u, before me appeared �i��L K.��H , to me personally kn wn,who, bei b�� m� e duly sworn, did sa,y that he/she is the pv15;G�cvl�' of ,C �� ' �-�. 1;'a� Nlissouri Corporarion, and that the seal affixed to the forego� g ins ment i the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation b}� authorih� of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTINIONY WHEREOF, I have hereunto set my hand and affixed my official seal, at ce in Cape Girardeau, i��lissouri, the day and �ear t�rst above written. ' C� Notarv Public My Cornmission EYpires: `��,,,,,�� o.�pgY P(,�., STAq L PEPPLE �e►� �. �,(�(� -2.NOTARYG�'" Ml'Corrxnis�on Expires -*� ••= February 9,2013 ��;S�� Scott County �'��,OF�M;,��` Commission#094342f 7 � 6133 � • " �' Project Number ��lt , `-Y },�� Certification Regarding Debarment, Suspension and Ottz�r �esponsibility 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 ineligib�e 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) iransaction 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 $ 10,000 or imprisonment for up to five (5) years or both. Vinc Kelley President Typed ame & tle of Authorized Representative 5/1 1 /1 0 Ji�`i1 Uii. V1 AUlll 1 GLI�I Re�.J1GJG1lLQl1VG ��(�C ❑ I am unable to certify to the above statement. Ni� explanation is attached.