HomeMy WebLinkAboutRES.1668.05-07-2001 BILL NO. 2001 -A . RESOLUTION NO. �; c
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH NIP KELLEY EQUIPMENT COMPANY,
INC. , FOR WILLIAM STREET FROM
SPRIGG STREET EAST TO MAIN STREET
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Nip Kelley Equipment Company, Inc. , for William
Street from Sprigg Street East to Main Street. A copy of said
Agreement is attached to this Resolution and made a part hereof.
�PASSED AND ADOPTED THIS DAY OF �i,� ����= , 20 (�` .
A. . Spradling, III, ay r
ATTEST:
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Gayle L. Conrad, City Clerk ,�,'S' r�.�{' �
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CITY OF CAPE GIRARDEAU
IMPROVEMENT PLANS FOR WILLIAM STREET FROM
SPRIGG STREET EAST
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the ��day of in the year 20� by
and between the City of Cape Girardeau, Missouri (herein e Iled OWNER) and
NIP KELLEY EQUIPMENT COMPANY, INC. (hereinaftercalled CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract.
; Documents. The Work is generally described as follows:
�
� `The work to be performed under these Contract"Documents shall consist of
; Furnish and installation of all requirements according to the improvement
plans titled "Improvemenf Plans for William Street, Improvements to William
Street from Sprigg Street East, in the City of Cape Girardeau, Missouri",and �
also as described herein: Remove existing improvements, mill and remove
varying thickness of existing asphalt street paving surFace,widen pavement,
remove and replace concrete sidewalk, install new sidewalk, install storm
sewer inlets and piping, and overlay final roadway construction with
asphaltic pavement, together with other improvements as required for
; construction according to the improvement plans, for approximately 2500
linear feet along the center of existing William Street, and all other related
improvements indicated on the plans.
... for the City of Cape Girardeau, Missouri.
00505:A-1
Article 2. ENGINEER.
The Project has been designed by Koehler Engineering & Land Surveying, Inc., who is
hereinafter called ENGINEER and who 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. SCHEDULE
3.1 The work will be substantially completed within One hundred fiftv ( 150 ) calendar
days after the date when the Contract Times commence to run as provided in paragraph
2.3 of the General Conditions, and competed and ready for final payment in accordance
with paragraph 14.13 of the General Conditions within One hundred ninetv-five ( 180 )
days after the date when the Contract Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Two Hundred Fiftv Dollars _( $ 250.00 ) 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 Three Hundred Fiftv
Dollars $ 350.00 for each day that expires after the time speci�ed 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 paragraph 4.1 below:
4.1 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: Three Hundred Seventeen Thousand, Nine Hundred �� 317,953.75�
Fifty-three Dollars and Seventy-fTve Cents
00505:A-2
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.
Ar�icle 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments;Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments wil� be measured by
the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and ifthe characterand
progress of the Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of Work completed, in which case,
the remaining progress payments prior to Substantial Completion will be an
amount equal to 100% of the Work completed.
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.
00505:A-3
5.2 Fina/Payment. Upon�nal completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
6.1 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.
6.2 If the OWNER fails to make payment thirty (30) days after receipt of the
CONTRACTOR'S application for payment, in addition to other remedies available to
the CONTRACTOR, there shall be added to each such payment interest in
accordance with Section 34.057RSMo as amended.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identi�ed in
the Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to
the general, local and site conditions that may affect cost, progress, perFormance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the
Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the
Supplementary Conditions of the extent of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled to rely as provided in
paragraph 4.2 of the General conditions. 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
00505:A-4
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained
and carefully studied (or assumes responsibility for having done so) all such
additional supplementary examinations, investigations, explorations, tests, studies
and data concerning conditions (surface, subsurface and Underground Facilities) at
or contiguous to the site or otherwise which may affect cost, progress, performance
or furnishing of the Work or which relate to any aspect of the means, methods,
techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the perFormance and furnishing
of the Work at the Contract Price, within the Contract Times and in accordance with
the other terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract
Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations,
tests, studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing of
the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7 inclusive).
8.2 Exhibits to this Agreement (pages _ to _, inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting
of_ pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 45 , inclusive).
00505:A-5
8.6 Supplementary Conditions (pages SC-1 to SC-6 , inclusive).
8.7 Specifications bearing the title Contract Documents and Specifications for the Citv of
Cape Girardeau Wi/liam Street Improvements toWilliam Street from Spriqq Street East
Roadwav Construction and Related Improvements .
8.8 Drawings.
8.9 Addenda numbers � to 2 , inclusive.
8.10 CONTRACTOR's Bid (pages 1 to 8 , inclusive) marked exhibit n
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to
, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
00505:A-6
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.
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 Agreeme_n 'll be effective on , 20� (which is the Effective Date of
the Agreement).
�WNER �:I of Ca e Girardeau CONTRACT�R NIP KELLEY EQUIPMENT COMPANY, IN�
' Michael . ' ' �- ana er 0�� — r
�.—=—x'" �
[CORPORATE SEAL] [CORP RATE SEAL]
� � �� _
Attest ' ' ��-�. Attest
G i r� G��'RK
Address for giving ndtices Address for giving notices
401 Independence Street a� N SPRIGG STREET
Cape Girardeau, MO 63701 CAPE GIRARDEAU MO 63701
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
00505:A-7
EXHIBIT A
William Street April 8,2001
CITY OF CAPE GIRARDEAU
IMPROVEMENT PLANS FOR WILLIAM STREET
FROM SPRIGG STREET EAST
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The work to be performed under these Contract
Documents consists of the construction of . . .
Furnish and installation of all requirements according to the improvement
plans titled "Improvement Plans for William Street, Improvements to William
Street from Sprigg Street East, in the City of Cape Girardeau, Missouri",and
also as described herein: Remove existing improvements, mill and remove
varying thickness of existing asphalt street paving surface,widen pavement,
remove and replace concrete sidewalk, install new sidewalk, install storm
sewer inlets and piping, and overlay final roadway construction with
asphaltic pavement, together with other improvements as required for
construction according to the improvement plans, for approximately 2500
linear feet along the center of existing William Street, and all other related
improvements indicated on the plans.
. . . for the City of Cape Girardeau, Missouri.
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63701-6244
Koehler Engineering 8�
Land Surveying,Inc. Bid Form Addendum 4-24-01: 00410-Page#1
William Street April 8,2001
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 thirty-five days after the day of
Bid opening. BIDDER will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: ���ScAdaenda bYadaend�m n,umber
and Date)
Addendum #1 , April 11 , 2001
Addendum #2,Apri1 26, 2001
(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 in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination
set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which BIDDER is entitled to
rely as provided in paragraph 4.2 of the General Conditions. 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
Kcehler Engineenng 8�
Land Surveying,Inc. Bid Form Addendum 4-24-01: 00410-Page#2
William Street April 8,2001
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
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) (Any other representation required by Laws and Regulations.)
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
Koehler Engineering&
Land Surveying,Inc. Bid Form Addendum 4-24-01: 00410-Page#3
William Street Aprii 8,2001
UNIT PRICE SCHEDULE
Item No. Item Description Unit Est. Quantity Unit Price Item Total
1 Removal of Ex. Improvements LS 1 `r�� '7 `.L $ �7�1 �r'J��.
2 Class A(Rock) Excavation CY 0 $ %Cv"" $ —G- -
�c �
3 Class B Excavation On Site CY 378 $ `�`�` $ o�(0 4�
L
4 Class B Excavation (Removal) CY 1440 $ 3's $ '-I `�3(0� .
5 (Asphalt Pavement Milling (Depth
Varies, 2"Typ.) SY 6809 $ �J�c $ o�U���uL
6 24"x 7"Vertical Conc. Curb& Gut. LF 1963 $ 1 � �s $ �a U k 3� '7�j
7" Vertical Curb (Widening 8� on y S�
7 Entrances) LF 2310 $ l. ' $ 'J 5��
g 7"Concrete Pavement SY 3036 $ �O �`' $(nl 9 3`f• �`
g 6"Concrete Pavement for Drives SY 755 $ a 1�5 $ �c�5�a �5
10 4"Gravel Sub-Base SY 3974 $ 37d $ 14'�1p3��
11 Asphalt Overlay Ton 1655 $ 3��5 $ ��9y 375
12 4'Conc. Sidewalks(Not Including H.C. SF 15530 ss so
Ramps) $ o? $ 39(�0!
13 Handicapped Ramps EA 49 $ �/a�` $ .�i�/ 9 7 �`�
14 Single Offset Inlet EA 1 do�U��". $ 1 Oo?0"`
15 MO-Dot Grated Inlet EA 1 $ f/35�" . $ I!35"
16 Relocated Inlet 8�Grate EA � $ /o?OG". $ /o`�GY)``
17 Single Grated Inlet EA 4 $ l3(�Oa , $ �����
18 Double Grated Inlet EA 1 $ �`���u . $ 1��0�v .
19 Adjust Ex. Inlet Grate to Grade EA 1 $ 150`` . $ l�D��
20 Tie stormpipe into existing inlet EA 4 $ 75�`` $ 3UW rV
21 12" Class III RCP LF 141 �``' ��0��
22 15"Class III RCP LF 256 $ o?I`s $ .�388� ��
23 18" Class I I I RCP LF 16 $ a 3 y S . $ 3�S 3.,,LC� ,
24 Adjust Valve Covers EA 11 $ !U U�" $ 1 l OG"
25 Adjust Manhole Rim EA 10 °iS" $ a 55G`'"
26 Re-Locate Ex. Street Signs EA 19 SU" $ v��SC>�v
27 Relocate Traffic Signal Base/Pole LS 1 $3U(o 5" . $ 30�S�
28 Pavement Marking LS 1 $a�]So` . $ a'7�6��
29 Seeding & Mulching AC 1 �.� $ o���p�y
30 Temporary Traffic Control Measures LS 1 00`�. $ �OUO`°
Koehler Engineering&
Land Surveying,Inc. Bid Form Addendum 4-24-01: 00410-Page#4
William Street April 8,2001
TOTAL BID FOR ALL SECTIONS:
�ire�e huncPr«t -5�csc�,l.ex--��-�co�sliw.(, n,-h+c �u..uol�<..C. -��I., a--i���� (�_�i'7 q53, rl� )
(Written figure) ���rs a.w�- �5 q (Numerical figure)
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 paymentwill be based
on actual quantities determined as provided in the Contract Documents. Any specific
items or labor required to complete the project in accordance with the plans and
construction documents which is not explicitly identified above shall be considered
incidental to the total project cost, no additional compensation shall be paid for said item or
labor.
5. BIDDER agrees that the Work will be will be substantially complete within 150 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 180 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) Required BIDDER'S Qualification Statement with supporting data.
Koehler Engineering&
Land Surveying,lnc. Bid Form Addendum 4-24-01: 00410-Page#5
William Street April 8,2001
7. Communications concerning this Bid shall be addressed to:
Name Vince Kelley
Address4l N S rigg St, Cape Girardeau, MO 63701
(a) Performance and Payment Bonding Company
Name Merchants Bonding Company
Address 2100 Fleur Drive, Des Moines, Iowa 50321
Agent\Power of Attorney Name (if used) Donald L Wasoba
Address 22 Avocado Tree Circle, StPeters, MO 63376
8. 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 , 2001 , 20_,
State Contractor License No. 00�0575
IF BIDDER is:
An Individual
By (S�->
(Individual's Name)
doing business as
Business address:
Phone No.:
Koehler Engineering 8�
Land Surveying,Inc. Bid Form Addendum 4-24-01: 00410-Page#6
William Street April 8,2001
A Partnership
gy (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By Nip Kelley Equipment Company, INC. (SEAL)
(Corporation Name)
Missouri
(State of Incorporation)
By (S�-)
ame of Person Authorized to Sign)
�� s� �— ,-�
(Title) .:,;
(CorPQ�r� ���� .,`
;�.�.�..,.,..
. �,.
< ,� ,,. :
,i '` �"" - o
Attest � �'
'-':c. -
ecretary) - �'-� � `'_ �'=°
Business address:
41 N Sprigg Street, Cape Girardeau, MU ��i'�3�lOf �� �s�:�` �
. v%•b�^. .,`�e`,
•..��� � ' �.��T ,�'`
Phone No.. (573)334-0553 "�%- ���`j �`
s.•��
,:r:��,i,�+���'�
Date of Qualification to do business is
Koehler Engineering&
Land Surveying,Inc. Bid Form Addendum 4-24-01: 00410-Page#7
William Street April 8,2001
A Joint Venture
gy (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.)
Koehler Engineering&
Land Surveying,Inc. Bid Form Addendum 4-24-01: 00410-Page#S
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� t WILLTAM STREE'� . ` � ,
. �� � �- �� . :a: � � ;
� . . From Sprigg Street East :� . . .
ADDENDUM#1
April 11, 2001
The following revisions have been made to the above named Contract Documents:
The Bid Opening date will be changed to May 1, 2001 at 10:00 A.M. in the Office of the City
Engineer.
This addendum must be signed and attached to your Bid Documents.
, ,� Date �1�f 3�'J G�
CITY OF CAPE GIRARDEAU
WILLIAM STREET
From Sprigg Street East
ADDENDUM #2
The following revisions have been made to the above named Contract Documents:
New Bid Form pages, Section 00410 Pages 1 — 8, containing revised quantities,
and revised Supplementary Conditions, Section 00815 Pages 1-6.
This addendum must be signed and attached to your Bid Documents.
Date ���.�— �
BID BOND
�oo�a r►v,�..nd�a�:
. 41 N. SpricLQ Street _
� ,.�.�..���....�.��.......� .. .
Cape Girardeau, Missouri 63701
��.rl�-,�ef Ar�Olar P!�a e;�� .
Merchants Bondj�nqi�omn�� �
� 2100 Fleur Drive
Des •Moines, Iowa 0321 800 67 - 81 1 _
._._.._._... — -- ,
OMfNFR(N�+e_�ndAddrots): • .
�; t�, vu, , , dn� T„�e�endence Street
.�...:_�._.._. �..� .. � �.._..,.,.
Cape Girardeau, Missouri 63701 _ _ __
. _ .._... � �.._.... ..
�DU6 OiATE;...r�3Y 1 20 1_......_. _.�...._..'-_,
PAOr1ECt(�11�f D�t�ndudM�6001�0�:
• �,�lilliam Street Lmnrovements
�
����l�� __ ___ _ _ L �Y•i ���..���q - _
�i�����iw i�r� • r1�����1�
����; 2000184 - .28
Q�TE:(M�t l�thM 81d Dr+e Dit+e):�Y 1� 2001
��„g�� Five Percent of �he amount i o acr► i . .
IN wfrrlE8s .suhty.++d�idd�MNw�aMw b a Ip�►dou�d ha�bK wbje�to a�.te�prlcNed o�a,.e.v�coe
tide i�ro1.do����';thlt Bld Ho�d�o b1 dWy�oeOuNd oa tle behsN by ka ttxho�d otNc�ag�nt,oF Ap�bltiv�,
� �dio�o�R BURETY
NIP RELLEY BQIIIPISBNT COMPAN7�i,,�C. MBRCHANTS BONDING COIiP�NY ` �' >-
�'`",,,F,� �: -.sNams an0 Corporue 8�a1 Surocr's Nsms��d'�Corpoate$sa! ,,.•�`'t��y (1 f�:,,`
�`� �: �`'_:Y. ', . Q�. .... (��,,,
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�..>:�:� .ti��' � �' � gy; F,,.,,�a �. 1../�.•�: '�'Cti � -
i��' �'� . <�, G':�atun Ttpe` SlpMtura�nd7if{� D_ a. �t,.f a.•soba
_ �<:� 7� � U � POww'Of��1�A���n�r-3�`ri—F
f„� � Witness: -�� D ,
�.�i+ �� t. � �.� .�. �i�,�.�.:_ '..,.:
<,
�., u �- �. n�uro and • ,..< . �o �,.
� ,� F� Si0 8tgn�tun ac�d TItN '=, � ' ..... a''�,.�
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'''//���/•/l�r��:���1Y • '//�/� V.l,���1��,�\�`\
�'��'��fi//lllllilf{i11\t,\
IW��� l�� �•1Y�,Y,��/M1N.w���YtQ�Yy���.1��vl�!��.�.��rw�w�N.�yrV}• • ��,�(1.���(y • �,.�.J . .
• �i ��,YI�IpM�Y�1�{N�j V�,�Y�YN�f �Y i��1/W W��NWI�Y RIY,��' .
l�JCOC NQ 1910?8�C(189p 6dltbfl} , .
�. Biddar�u!SaretY.,3oi�t1Y aad sc�►crWY�bind tt►en- 8. Noh�o req�eic�ad henvn�ec shaU ba i� wriri�;
�sivp. tl�r bdr's� axacutOta.admi�to�s� �uoce�- '�eM b�Biddar aeid Surety u thaU n�pectivs adc*.�
�on �ad s�ns to p�Y �o Owaer u� dsGa�tt of �how�oa du lf�oa at tlds BoAd.Such notic�s� •
BidQer the panel:um�dtloA6 0o the faos otthit Bond. �ei►[ by payoiisl del�vqY� co�ne�a! Cowic:- -
2. Defwtt of 8idd� �hsN ocxur upon tba f�un ot Unitod Statq Rquterod ar Certiflod MaB. � •,
eldder co deifver withM the tlm� reqn�rcd bY ths �pt�equaK�d,Po�ts�a R�ap�d.�hd:t�U 6e d�:;;:
��+8�v�ta tha sxecu�eed Ap+eqAept reqplt+od . ta be dFec�ve upon recxip�bY�he p�rty ooneer�.
bY the 8fddin�Doctunenu�d �ny Pe�Po�tny�oo�d g, �y shail cbas to b� attached to tnii Bx
p�aasat boad: roquind bY tba Hiddiet� Doaimcata th
•t1d CootieCi Docu�tts. . -e����a�poWet of AttOnMey CYbdetici::�.
3. This ob authority of the o�, �u or rep�ae�o�,r;.r,-
ligaaoa ah�11�rtuq�nd void if; exacuoe�d ct,i:Bartd on beiuilfcfSwy�y ea sxaauce.:.:,
3.t. Owaa��aepn�idder': bid s�d Aidda�daliv- �,�d eeHver euch Ba,�d and Mnd cha�uretr eberz-
ers withia tba tfou r�qui�ed by the Btddin� t0, 7�ts Bond is intepclod to c�fbrm to aU 1.�:.
in��a��xteasion tl�np�ast�od to ��Y�s•At�Y+�pP�i►Gia�ntt::.
da�bY Ov�es3 tho exa�tad A�rosmant• anY�P���ada chat A.�Oern oadtoed�roe:;,:
roquited by the H�ddin� Doa�aeatt� �ad anY Sond �hari be doamed to be it�dttded horal�t a+� ::K
porfacmat�e aad p�ymoac bo�n4�d by
the Hiddini De�1ta and Gxtv�ct Oau- ���+�•N�Y P�R ot tht Boed co�w
meaW,or wi�!►RnY�a�ble pro�«i ofaay appNc�bb s�:.
3.�. A�t bids us ryscte�bY�vrAet� or then ths pravipoa of Mid atatua sh�lt povern atrc:r
3.3. Ovvaerl�ils tp issn�e s nodloe of�ward to Hidder remdada�ot th�s Bond tM►t i��ot M co+ulict d�ars:�;
wid�te tba t�ma apaeiAat ia the BWding Docu- =h�it ront6we ia ll�h i'orca tt►�e!'tec�
men�s (or st�y ext��on thenof�t�ed io in I l. Tbet�rm"bfd"�s wedherefn itticluda a bid,t:-
�ni bY Biddat and�1f�pp�oibk,coroented oc propoul a��pptic�bfe.
� bl' �tY wh� raqes�ad bY p�eaR� �
�•
4• PaymeitE taidor.tdts Bo�t�wia!K due sttd pay�bts
npo� d�utt of�idder atid witbin 30 calendar ct�ys
t[ter reeeipt by Blddac�nd Swety of w�ittea aodee of
4eUuit iroM Owner� wldch�wtice wflt ba�ivan ait�
���P�mP�s� �de�qlyt�this Boad�nd ti�a
Pt4f ect u�d i�a=�ol'tha�utou�at Qua.
3. Sw�ay watvea noticx ot atd �ay and �1t d�e�ee
baaad oa or atEsing out ot az►y time uctencion to issue
aocica of�wa�d �ceed to In wliant bY Ow�er and
Bbde*, prartdvd q►�c tha t� for i'ssu�ng.t�otica 4f
Qward iRehbit�6 ext�neiocss st� not itm the a�te
vxoad 120 d�,ys llrom BId Duo l�,ae without S�rety'e
writs�n avt�seaw
6. No auic o� �ctbn ihsu be co�p�� u��s
Bond prior to 30 c�tendar d��n �ter tt�e � of
doPault roquired ia pit�ry�b 4 �bove is tYxeived by
�idd�r and 5urety, �d ia no Cua 1�than aie yair
sfler 8id Duc Date.
7. Any wit or aCtioa tmder thfs Bond shall ba com•
metteed only in a court of corppetent jurifQiatioa la
cated i�tt�e state M which tho Prc�ect ia located.
�JCO NO. 191 Q-28-C(1�p Edltbn) - �
- � Merchants Bonding Company
c��Ua��
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 principal office in the City of Des Manes,County of Polk,State of lowa,hath made,
constituted and appointed,and dces by these presents make,constitute and appoint
Donald L.Wasoba
of St.Peters and State of Missouri its true a�d lawful Attomey-in-Fact,with fuil power
and authority hereby conferred in its name,place a�d 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:
TWO MILLION(52,000,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or
undertaking was sig�ed by the duly authorized o�cers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of
said Attomey-in-Fact,pursuant to the authority herein given,are hereby ra6fied and confirtned.
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 Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992.
ARTICLE 11,SECTION 8-The Chairtnan of Uie Board or President o�a�y Vice P�esident or Secretary shall have power and
authority to appoi�t Attomeys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seai of the
Company thereto,bonds and undertakings,recogniza�ces,contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE 11,SECTION 9-The signature of any authorized officer and the Seal of fhe Company may be affixed by facsimile
to any Power of AttomeY or Certification thereof authorizing the execution and delivery of any bond, undertaking,
reoognizance,or other suretyship obligatans d the Company,and such signature and seal when so used shall have the
same force a�d 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 l2th day of September , 2000 ,
.••"'••.
��D�NG.CQ�A�• MERCHANTS BONDING COMPANY(MUTUAL)
;�o.o�poq .9y.
.
• '��►• ,c.
.y�= �� •
•ti�� -0- p • �
;a'• 1933 .'c: ey
.y ... • ,,. �
.J�;� _ ,1�Q.
�' � � `•� President
STATEOFIOWA ��••••••�
COUNTY OF POLK ss.
pn this 12th day of September 2�� .before me appeared Larty Taylor,to
me pe�sonally 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 instrument is the Cotporate Seal of the said
Corporation and that the said insfrument was signed a�d sealed in behalf of said Corporation by authority of its Board of Oiredors.
In Testimony Whereof,I have hereunto set my hand and affixed my Oifiaal Seal at the City of Des Moines,lowa,lfie day and year first
above written.
.��......��� ��d�N^^'/l
�• K Mcc ••' �L �C(.��(�fi�
; J�C� .......,.. �9 .
� i .
• �' y : Notary Public,Pdk County,lowa
� IOWA • '
. �
. �
. • '. � .
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• o�,'•••.......•• �P :
:
'. qR(A�5 :�
STATE OF IOWA �'•......••�
COUNTY OF POLK ss.
1,William Wamer,Jr.,Secxetary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing
is a true and coRect copy of the POWERAF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is
still in fwce and effect.
In Witness Whereof,I have hereunto set my k�nd and affixed the seal of the Company on
this 1St. dayof Mdyi ���'l+u���:;;:,, . . .•••...�� /f,
� ��tl C C E),''', :�O�NG C��,o•. �,�.G�,.�/ u�.�•�j Gl
.��� ,......, !f,��f�O;ORP09,�•:�y� Secretary
�c� '��,FJ:?.��. f�:2, -o- �:-�.
�aj r� ; ,�'• .Z.— v:3;
_ � ': .-�- . u, ;� 1933 :e:
_ .!� ��b 'CY•
MSC OBt�(2f9B) ',�; . '�<.j`i� : �,s. • •
.`y 56'.��,•• • '�1'�:
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