HomeMy WebLinkAboutRES.1934.12-15-2003 BILL NO. 03-215 RESOLUTION NO. �2�_
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH NIP KELLEY EQUIPMENT
COMPANY FOR THE RIVER FRONT TRAIL PHASE II,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI , AS FOLLOWS :
ARTICLE l . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Contract with Nip Kelley Equipment Company for the River Front
Trail Phase II, in the City of Cape Girardeau. A copy of said
Contract is attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS � C��� DAY OF
�J �lK_E�����i�r , 2 0 �i� .
Jay B. udtson, Mayor
ATTEST:
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Gay e;� L. Conrad, City Clerk �'" ''
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CITY OF CAPE GIRARDEAU
RIVER FRONT TRAIL PHASE II
TEA-21 ENHANCEMENT FUNDS STP-1500(009)
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the �,�h day of �(;�n���,�y in the year 20�
by and between the City of Cape Girardeau,Missouri (hereinafter called OWNER) and Nip Kelley
Equipment Company, Inc. (hereinafter called CONTR.ACTOR).
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 consists of the
construction of the second phase of a River Front Walk, located on the Mississippi
River side of the flood wall near Broadway that will extend northward a distance of
750 feet along the river to a point near North Street. The work will require placing
reinforced concrete pavement and curb, placing fill and a circular river overlook,
decorative lights and park benches, and all other necessary appurtenances to complete
the project as indicated herein or as directed by the Engineer, for the City of Cape
Girardeau.
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.� The work will be substantially completed within Eighty( 80) 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 One Hundred �100) days after the date when the Contract Times commence
to run.
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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 Dollars $ 200 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 Hundred Dollars $ 100 for
each day that expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item as indicated
in the bidding documents.
TOTAL OF ALL iJNIT PRICES: Two hundred ninety-one thousand, six hundred eighty-three
dollars and zero cents ----------------- ($ 291,683.00 )
' As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed,
and determinations of actual quantities and classification are to be made by ENGINEER as provided
in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in
paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR'S Application for Payrnent as recommended by
ENGINEER, on or about the l Oth day of each month during construction as provided in paragraphs
5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established
in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number
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of units completed) or, in the event there is no schedule of values, as provided in the General
Requirements.
5.1.1 Prior to Substantial Completion,progress payments will be made in an amount equal to the
percentage indicated below,but, in each case, less the aggregate of payments previously made and
less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ENGINEER, and if the character and progress of
the Work have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case, the remaining progress
payments prior to Substantial Completion will be an amount equal to 100% of the
Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the General
Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95%of the Contract Price(with the balance being retainage), less such amounts
as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of
the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest
at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents,
including "technical data".
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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. CONTR.ACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect
to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost,progress,performance or furnishing of the Work or which relate to any aspect of the means,
methods,techniques, sequences and procedures of construction to be employed by CONTRACTOR
and safety precautions and programs incident thereto. CONTRACTOR does not consider that any
additional examinations, investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other tertns 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.
7.8 CONTRACTOR is aware that no second-tier subcontracting will be permitted.
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Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement(pages A-1 to A-7 inclusive).
8.2 Exhibits to this Agreement(pages BF-1 to BF-6 , inclusive).
8.3 Performance, Payment, and other Bonds,identified as exhibits _and consisting of_pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions(pages SC-1 to SC- 5 , inclusive).
8.7 Specifications bearing the title River Front Trail Phase II
8.8 Drawings.
8.9 Addenda numbers 1 to 1 , inclusive.
8.10 CONTRACTOR'S Bid(pages BF-1 to BF-6 , inclusive)marked exhibit A .
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.
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9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect to all covenants, agreements and obligations contained in the Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
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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 ,�pVQ��U .5 , 20 `� (which is the Effective
Date of the Agreement).
OWNER City of Cape Girardeau CONTRACTOR
Douglas K. Leslie, City Manager Ni Kelle E ui ent Com an , Inc.
By: � By: _
O ORATE SEAL] C ORATE SE
Attest ���" ' � ��'Zti�� Attest �--
:.
Address for giving notices Address for giving notices
401 Independence Street 41 N. Sprigg Street
Cape Girardeau, MO 63703 Cape Girardeau, Missouri 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 CONTR.ACTOR is corporation,
attach evidence of authority to sign.).
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� E�HIBIT A
,:
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i CITY OF CAPE GIRARDEAU
�
� RIVER FI�ONT TRAIL PHASE II
}
TEA-21 ENHANCEMENT FUNDS STP-1 S00(009)
�
� BID FORM
� (EJCDC 1910-18) (1990)
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� PROJECT IDENTIFICATION: The improvement consists of the construction of the second
� phase of a River Front Wa1k,located on the Mississippi River side of the flood wall near Broadway
. tliat will extend northward a distance of 750 feet along the river to a point neaz North Street. The
� work will require placing reinforced concrete pavement and curb,placing fill and a circulaz river
� overlook,decorative lights and park benches,and a11 other tliings necessary to complete the pmject
� as indicated herein or as directed by the Engineer, for the City of Cape Girardeau.
� THIS BID IS SUBMITTED TO: CITY QF CAPE GIRARDEAU,MO
�
401 INDEPENDENCE STREET
CAPE GIItARDEAU,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 fumish a11 Work as
�' specified or indicated in the Contract Documents for the Bid Price and within .the Bid Times
j indicated in this Bid and in accordance with the other terms anc� conditions of the Contract
� Documents.
�
j 2. BIDDER accepts all of the ternis and conditions of the Advertisement or Invitation to Bid and
(' Instntctions to Bidders, includi.ng without limitation those dealing with the disposiiion of Bid
? security. This Bid will remain subject to acceptarice for thirty-five days after the day of Bid opening.
; BIDDER will sign and deliver the required number c:f counterparts of the Agreement with the Bonds
` and other documents required by the Bidding Req�ements within fifteen days after the date of
� OWNER'S notice of Award. �
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i 3. In submitting this Bid,BIDDER represents, as more fully set forth in the Agreement,that:
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`: BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda,receipt of all which is hereby acknowledged: �List Addenda by Addendum Number and Date)
� Addendum #1 November 24, 2003
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� (b)BIDDER has visited the site and become familiaz-�vith and is satisfied as to the general,local and
site conditions that may affect cost,progress,performance and fiunishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
f Regulations that may affect cost,progress,performance and furnishing of the Work.
(d) BIDDER has cazefully studied all reports of explorations and tests of subsuxface 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 pmvided 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 eJctent 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 responsibiiity for
f accuracy or completeness of information and data shown or indicated in the Biddi.ng Documents
; witli respect to Underground Facilities at or contiguous to the site. BIDDER has obtai.ned and
! careftilly studied(or assumes responsibility for having done so)all such additional or supplementary
� examinations, investigarions, 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 furnislung 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 determi.nation
� 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 naiure of Work to be performed by Owner and others at the
site tbat relates to Work for wluch tlus 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 exasninations, 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 performi.ng and
� furnishing the Work for which this Bid is submitted.
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� (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
fum or corporation and is not submitted in conformity with any agreement or rules of any group
t association,organization or corporation;BIDDER has not directly or indirectly induced or solicited
�
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� any other Bidder to submit a false or sham Bid;BIDDER has not solicited or induced any person,
j firm or corporation to refrain from bidding; and BIDDER has not sought"by collusion to obtain for
i itself any advantage over any other Bidder or over OWNER.
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4. BIDDER will complete the Work in accordance with the Contract Documents for the following
� price(s)
I iJNIT.PRICE BID
� NO ITEM LTNIT E T
S . LJNIT TOTAL
' QTY. PRICE EST. PRICE
I
' Construction of Trail
`� 1• Grading CY 432 $ 21 . 5 0 $ 9,2 8 8.00
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� 2• Compacted Borrow CY 410 $ 29•40 $12,054.00
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3. 12" Mesh Reinforced RPC Pavement SY 29 $ 102.00 $ 2,958.00
4• 6" MeshReinforced RPC Pavement SY 1428 $ 37.00 $52,836.00
5• RPC Beam(1'x 2.5') LF 902 � $ 51 .00 $46,002.00
6. 4" Aggregate Base SY 1415 $ �•00 $ 9,905.00
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7. Fueling Dock Service Duct LS 1 $ 4,4 8 0.00 $ 4,4 8 0.00
! 8• Rip Rap CY 1059 $ 45.00 $47,655.00
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� 9. Fueling Dock Bridge Rails and LS 1 $ 1575.00 $15,750.00
t Associated Work including RC
�` Beam Under Trail
;
10. ParkBenches EACH '7 $ 725.00 $ 5,075.00
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I 11. Luminaries EACH 14 $ 6120.00 $85,680.00
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� TOTAL BID FOR RIVERFRONT TRAIL $ 291 ,683.00
; Two Hundred NInty One Thousand Six Hundred eighty Three Dollars
' ------00/00----
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P. O. Box 33
41 N. Sprigg
CAPE GIRARDEAU, MO
PHONES
OFFICE 573-334-0553
FAX 573-334-2025
November 25, 2003
Mr. Abdul Alkadry
City of Cape Engineering
401Independence
Cape Girardeau, MO 63703
RE: River Front Trail Phase II
Dear Abdul,
This letter is in regards to the bid that we submitted this marning for the River Front Trail
Phase II, Item No. 9. T'his was a lump sum item which we inadvertently omitted a
number in the unit price column. The amount typed in the Total�st. Price calumn is the
correct amount and the total should have been placed in the Unit Price column. We
apologize for this mistake and are asl:ing that the number be corrected. I am attaching
my worksheet that the bid sheet was to be filled in from. Again, thank you for your
consideration.
Sincere�,
Vince KelIey
Enclosure(1)
.. - ..,,�,,, • . . . . . .. .. .
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' Enclosure ( 1 ) � ,
any other Bidder to,subnut 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.
4. BIDDER will complete the Work in accordance with the Contract Documents for the following
price(s)
I,JNIT PRICE BID
NO TfEM � iJNIT EST. LJNIT TOTAL
.. : ' QTy. PRICE EST. PRICE
Construction of Trail
. � , �'
1. Grading CY 432 $ Z1 $ ���
Z. Compacted Borrow CY 410 $ Z�f�' $ F,�� �
3. 12" Mesh Reinforced RPC Pavement SY 29 $ �D�Z� $ 2,9�'"��
� �
4. 6" Mesh Reinforced RPC Pavement SY 1428 $�-�' $S"Z g�(o
S. RPC Beazn(1'x 2.5� LF 902 � $ �/E—��— $ ����
6. 4" Aggregate Base SY 1415 $� $ l D�
7. Fueling Dock Service Duct . LS 1 $ � � $ ��1��
8. Rip Rap CY 1059 $ �_� $ �7C�S��-
9. Fueling Dock Bridge Rails and LS 1 $ /� 7.� $ S �4�
Associated Work including RC
Beam Under Trail
10. Park Benches EACH 7 $_ �� $ �'d7��
,
ll. Luminaries EACH 14 $�x� $ ����
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TOTAL BID FOR RIVERFRONT TRAIL $
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(Written figure)
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� (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
j Pay Item will be considered correct, and these sums when properly extended, shall consfitute the
� Bid.)
' Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions.
�
`� BIDDER acknowledges that quantities aze 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 Eigh 80 calendaz da.ys
� after the date when the Contract Times commences to run as provided in paragraph 2.3 of the
� Ceneral Conditions,and com leted and read for final a
i p y p yment in accordance with paragraph 14.13
�� of the General Conclitions within One Hundred(100)calendar days af�er the date when the Contract
Times commences to run.
I
. BIDDBR accepts the provisions of the Agreement as to liquidated damages in the event of failure
to compiete the Work within the times specified in the Agreement.
6. T'he 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
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(b) Required BIDDER'S Qualification Statement with supporting data.
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j. . 7. Communications concerrung this Bid sha11 be addressed to:
N�� Vin _ _ x � � �
Address 41 N. 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) Dona 1 d Wa coba
Address 22 Avocado Tree Circle, St. Peters, MO 63376
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� 8. Terms used in the Bid which aze defined in the General conditions or Instructions will have the '
meanings indicated in the General Conditions or Instructions.
� SUBMITTED on November 25 ,20 03, �
fi State Contractor License No. 0010 5 7 5
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� IF BIDDER is: .
� An Individual
� BY (SEAL)
I (Individual's Name)
doing business as
,
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� Business address:
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. Phone No.:
A Partuership
BY (SEAL)
(Firm Name)
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; (General Partner)
` Business address:
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� Phone No.:
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� A Corporation
BY Nip Relley Equinment Co. . Inc �EAL���:-
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���s�� ��f::;;;.:
I (Corporation Name) ,>' ,..�' ���:;, ' .
�, ��"�t l .
� � � o�d� .� ��y�! . i! �.�l�% :..
♦ _ • �^` � � 'i, :
(State of 1y / '"°�` �
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� BV �,�.�t� '!. �� . ':A
� � • :w � Li•� w
(Name of erson u orized t ign) ,' � �.'�_ ,�: U'���`�
,� e �:r�� � � �r ��
� • 'fi' . ��<�' ��i������jl .
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�'ltl?�. ; �`�r, = � .���'�.�� �Fti'�
� (Corporate Seal) � .' � S� l��;rjfN�lti1:'��' ;
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� Attest
� Frank Myers (S retary)
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� Business address: a� Nn r�,,],j S�r i g��.t � , , ,
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1 Cape Girardeau, MO 63701
` 573-3340553
Phone No.:
� Date of Qualification to do business is
� A Joint Venture
y By (SEAL)
(Name)
,�
, . (Address)
( By (SEAL) .
'I, (Name)
I
� (Address)
I
Phone Number a.nd 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.)
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� tr� FIaX: 97'3 651-086Q
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Ta: � ��������r'r1e��' � Abdul Alkadry.Et�g»�ering ,`.
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pn��: �� �� 1 a�!��
R�: Addendum#1 for the Mi�ssippi River Wa�c Ph�sa N
'�.e �dersignec�bexeby acknc�wle�d,ge�receip�t of "Addex��um
#�." for �.e l�'i�s�ss�.ppi River�V'a�k l�hase �wh��h bids o�
Novexr�b�r 25, 20U�, a� 10:00 a.m. i��he af�ce of�ie Ci�y
�e
�s�- ..��
�arne r,tlee
Fax s P��e �rack to (5Y3}659•0880 to indi�e your agneement with its
CCsnt�o .
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, 11-24-93 15:26 CITY OF CAPE GIRARDEAU ID= 1 573 651 0860 P. B3
CT'T'�''OT CAFE G!ltA1�UEAU
M�5S155IFFI 1�1VER WALK PHASE 1!
ADDENDUM#1
NUVEN[BER 24,2Q03 �
Tho lollowui�re�visiou lias been made to Ihe abovc t��Ined Coniracx�ocurnents:
Bid FQnn,pa�e BF-3 Ch�ngec�to:
l�tein 4 7"JY.tesh Reynforced RPC Pavement
Specifications,pa�c S-7 Added:
B� The Cantractor sha)1 install 14 )ununarics and all necess�ry accesspries including
'1B" �ii�mcter bann��r arms 20" iong, 25" tn the t�atturn of the ring as per
munufacturer's recomm�ndations.
The bid ppei�iu��date for the Mississippi River Wa,lk Pha.se ll wilt reni�in wzc;han�;ed:
1Vovember 25,2(�Q3, at 10:0� A.M. in tt�e affice of t�te City Engineer.
This acici��idun�must be signed and�ettached fo your Bid Dpcu.ments,
�-1�Dat�
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ANTI-COLLUSION STATEMENT
STATE OF MISSOURI
CIT'Y/COUNTY OF Cape Girardeau
� Vince Relley
1
� ,being first duly sworn, deposes and says that he is
president
Title of Person Signing
of Nip Kelley Equipment Co. , Inc. �
Name of Bidder
that all statements made and facts set out in the proposal for the above project are true and correct;
; and the bidder(The person,firm,association,or corporation making said bid)has not,either diractly
; or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action
in restraint of free competitive bidding in connection with said bid or any contract which may result
� from its acceptance.
� Affiant further certifies that bidder is not financially interested in,or financially a�"iliated with,an
I y
other bidder for the above project.
�
� BY
� BY
I
� BY
� Sworn to before me this �_�day of N��p��� , 20(�
� � �
Notary Public
� My commission expires
1 Submittall DAN�1��T.rW�
N� 6�e►tie at��i�
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l October 1977
�
� CER'TIFICATION REGARDING EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
IN
� SUBCONTRACTING
! 1 Certification with re ard to Perforniance of Pr vi
� ) g e ous Coniracts or Subcontracts sub�ect to the
Equal Opportunity Clause and the filing of Required Reports.
Thebidder Nip Reilev Ecrupmen�¢roposedsubcontractor ,
�� hereb certifies tliat he lf a3• � I n
� y ��, fias not , participated in a previous contract or
subconhact subject to the equal opportunity clause, as required by Executive Orders 10925,
� 11114,or 11246, and that he has�,has not_, filed with the Joint Reporting Committee,
� the Director of the Offce of Federal Contract Compliance,a Federal Govemment contracting
s or adtninistering agency, or the former President's Committee on Equa1 Employment
� Opportunity, all reports due under the applicable filing requirements.
�
s Note: This certification is required by the Equal Employment Opportunity
!_ Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by
bidders and proposed subcontractors only in connection with contracts and subcontracts
wluch are subject to the equal opportunity clause. Contracts and subcontracts which are
�
exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only
+ contracts or subcontracts of$10,000 or under aze exempt.)
;"
�r Currently, Standard Form 100(EEO-1)is the only report required by the Executive
� Orders or their implementing regulations. .
i
( Proposed prime contxactors and subconttractors who have participated in a previous
[ contract or subcontract subject to the Executive Orders and have not filed the required
I reports should note that 41 CFR 60-1.7(b)(1) prevent� the awazd of contracts and
� subcontracts unless such coritractor submits a report covering the deli.nquent period or such
period specified by the Federal Highway Administration or by the Director,Office of Federal
Contract Compliance,U.S.Department of Labor.
� (2) Certification with re azd to intent to subcontract a ortion of the work and
S p affirmahve actton
to consider mi.nority business enterprises as potential subcontractors.
� A
The bidder hereby cerhfies that:
� 0 he does not intend to subcontract a portion of the work.
C� he does intend to subcontract a portion of the work.
� (Bidder to check appropriate box.)
Submittal3
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� If in the affirmative, the bidder certifies that he has made contact with potential minori
tY
� business enterprise subcontractors to affumatively solicit their interest;capability,and prices
� on the items he intends to subcontract, and shall document the results of such contacts.
NOTE: A bidder's failure to submit this certification or submission of a false certification
t shall render lus bid nonresponsive.
B. If the Contractor requests permission to sublet work, and has not done so during the
bidding stage,he sha11 take the affirmative actions required of bidders in Paragraph
A. No subletting will be approved unless the contractor demonstrates that he has
' taken such af�'umative action.
� C. The contractor sha11 designate a liaison officer who will administer the contractor's
� minority business enterprise program. The name,address, and telephone number of
( the designated officer sha11 be furnished the engineer in writing upon request.
i
� NOTE: The requirements contained herein aze in accordance with the Federal Highway
� Administration Federal-Aid Highway Program Manual(Transmitta1164,November 3, 1975)
� Volume 6, Chapter 4, Section 1, Subsection 8,Pazagraph 8c(2)(3)and(4).
nc.
(company)
!. By
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. Date: —��s#�1 e�� �k�� �l'��' , aa �f,,,.
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� CERTIFICATION REGARDING DISBARMENT,ELIGIBILITY,
� INDICTMENTS, CONVICTIONS OR CI�IL JUDGEMENTS
( The resident or authorized official of bidder under enal of
p , p ty per�ury under the laws of the Uruted
f States,certifies that, except as noted below,the company or any person associated therewith in the
�� capacity of owner,partner,director,officer,principal investigator,project director,manager,auditor
or any position involving the administration of federal funds:
f
� is not currently under suspension, debarment voluntary exclusion,or determination of ineligibility
�" by any federal agency;
� has not been suspended, debarred voluntarily excluded or determined ineligible by any federal
�, agency within the past 3 yeazs;
� does not have a proposed debazment pending; and
j
� has not been indicated, convicted, or had a civil judgement rendered against (it) by court r
' competent jurisdiction in any matter involvi.ng fraud or o �ial misconduct within the past 3_y�„ � �x+���r_r.,�;��;t';`ir;
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(Insert Exception, if any) (Corporate Sea1� ••``�j����' �J`���'"
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� ��>ir�I r°� S9 d �',�r
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; Exceptions will not necessarily result in denial of award, but will be considered in dete��;�,+;.r, _�'
� bidder responsibility. For any exception noted,indicate below to whom it applies,initiating agency;�' '-' �
�' and dates of action. Providing false information ma.y result in criminal prosecution or administrative
: sanctions.
�
NOTE:The above statement is part of the proposal. Signing this proposal on the signature portion
� thereof shall also constitute an endorsement and execution of ttus certification.
�.
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� Certification Regazding Lobbying Activities: In accordance with Sechon 391 of Public Law 101-
121 the bidder,under penalty of perjury certifies by signing and submitting tlus bid or pmposal,that:
l (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the
' undersigned,to any person for influencing or attempting to influence an officer or employee of any
� federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
i federal grant,the making of any federal loan,the entering into of any cooperative agreement, and
the extensior�, continuation, renewal, amendment, or modification of any federal contract, grant,
� loan, or coo erative a eement.
f p gr
� (2) If any funds other than federal appropriated funds have been paid or will be paid to
� any person for influencing or attempting to influence an officer or employee of any federal agency,
� a Member of Congress, an officer or employee of Congress, or an employee of a Member of
� Congress in connection with ttris federal contract, grant, loan, or cooperahve agreement, the
� undersigned sha11 complete and submit Standard Form-LLL,"Disclosure Form to report Lobbying,"
i
in accordance with its instructions.
�. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
. making or entering into tlus transaction imposed by Section 1352,Title 31,U.S. Code. Any person
who fails to file the required certificatian shall be subj ect to a civil penalty of not less than$10,000
� and not more than$100,000 for each such failure.
� The bidder also agrees by submitting this bid or proposal that they shall require �hat the
� language of this certification be included in all lower tier subcontracts,wluch exc,eed$100,000 and
�
that all such sub-recipients shall certify and disclose accordingly.
�.
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October 1988 Sheet 1 of 5 Part A •
DISADVANTAGED BUSINESS ENTBRI'RISE CONTRACT PROViSIONS
PART A
POLICY .
It is the policy of the U.S.Department of Transportation and the Missouri Highway and Transportarion Department that businesses
owned by sociaily and economically disadvantaged individuals(DBE's)as defined in 49 CFR Part 23 have the maximum opportunity
to participate in the performance of contracts 8nanced in whole or in part with Federal funds. Consequently,the requirements of
49 CFR Part 23,and Section 106(c)of the Surface Transportation and Uniform Relocation Assistance Act of 1987 apply to this '
contract.
.
OBLIGATION OF THB CONTRAGTOR TO DBE'S
T9ie contrador agrees to insure that DBE's have the maximum opporhmity to partiCipate in the performance of this contract and any
suboontract financad'm whole or in part with Federal funds. In this regard the contractor shall take all necessary and reasanable steps
to insure�at DBE's have the maximutn opporlunity to compete for and perform cont�scts. The contrector shall not discximinate on
the basis of race,color,age,national origin,or sex in the perforcnance of this contrad or in the award of any subsequent subcontract.
BANKING SERVICES
The conlracxor is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged
individuals.
GEOGRAPHIC AREA FOR SOLICITATION OF DBE'S
The contTactor shall seek DBE's in the same geographic area in wluch the solicitation for subcontracts and materials is made. If ti�e
conhactor cannot meet the goals using the DBE's from this geographic area,the contractor shall as a part of the effort to meet t�e
goal,expand the search to a reasonable wider geographic area.
DBTERMINATION OF PARTICIPATION TOWARD MEETING THE DBE GOAL
DBE participation shall be counted toward meeting the goal as follows:
a Once a fum is determined to be an eligible DBE,the total dollar value of the contract or subcontract awarded to the DBE
is counted toward the goal.
b. The contractor may count toward the DBE goal a portion of the total dollar value of a subcontract with a joint venture
eligi'ble under the DBE standards equal to the percentage of the ownerstup and controls of the DBE paztner in the joint
venture.
c. The conhxctor may count toward the DBE goal,expenditures to DBE's who perform a commercialIy useful function in
the oonta�t. A DBE is considered to perform a commercially useful fimcxion when responsible for execution of a disfinct
element of the work of a coniract and the carrying out of the responsibilities by actually pedom�ing,managing,and
supervising the work involved.
d. The contractor may count toward the DBE goals 60 percent of its expenditures for materials and supplies required under
contract and obtained from a DBE regular dealer,and 100 percent of such expenditures to a DBE manufacturer.
- FA-19
� �
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' Sheet 2 of 5 Part A .
(1) A regular dealer is a fum that owns,aperates,ar maintains a store, warehouse or other establishment
itt which the materials or supplies required for the performance of the contract are bought,kept in
stock,and regularly sold to the public in the usual course of business. To be a regular deale.r,the firm
must engage in,as its principal business,and in its own name,the purchase anci sale of products in
question.
(2) A regular dealer in such bulk items as steel,cement,gravel,stone and petroleum products need not
keep such products in stock,if it owns or operates disln'budon equipment Brokers and packagers sha11
not be regarded as manufacturets or regular dealers wit�►in the meaning of this section(i.e.,�truck
hauler is a regular dealer when the firms own,operate,and maintain or leases,operate and maintain
the distribution equipment for the delivery of the above products to the public in the usual course of
business. Ad hoc perforntiance for one contractor or select group of contractors does not qualify as a
regular dealer).
(3) A manufacriuer is a firm that operates or maintains a factory or establislunent that produces on the
premises the materials,or supplies obtained by the contractor(i.e.,a supplier who produces goods
from taw materials or substantially alters them before resale).
e. A contractor may count toward the DBE goals the following expenditures to DBE ficros that are not regular
rlealers or manufacturers:
(1) The fees charged for delivery of materials and supplies required on a job site(but not the cost of the
materials and supplies themselves)whett the hauler,or trucker is not aiso the xnanufacturer of or a
regutar dealer in the rnaterials and supplies,provided that the fee is determined by the Missouri
� Highway and'IYansportation Departrnent to be reasonable as compared with fees customarily allowed
for sitnilat services.
GOAL FOR THE AMOUNT OF WORK TO BE AWARDED TO DBE'S
The following goal has been establishe�for this contract. The dollar value of work,supplies,and services will be based on the
amount anticipated to be paid to DBE's. For ficros owned and controlled by socially and economically disadvantaged individuals
� (DB8's)the goal for the amount of work to be awarded is 10% of the total contract pricc.
Failure to meet the contract goal or W furnish documentation acceptable to t�e Comrnissiott of efforts to meet tlus goal may be cause
forre�ection of the bid
REPLACEMENT OF DBE SUBCONTRACTORS
The contcador shall make gooti faith efforts to replace a DBE subcvntractor who is unable to perform satisfactorily with another DBE
subcontractor. Replacement firrns must be approved by the MHTD.
FA-20
Y_ 1
/ �
' ' Sheet 3 of S Part A
DOCUMENTATION OF GOOD FAITH EFFORTS TO MEET THB DBE CONTltACT GOAL
Good faith efforts to meet the DBE goal may include such items as,but are not limited to the following:
(1) Attended a prp-bid meeting,if any,scheduled by the Department to inform DBE's of contracting and subcontracting
opportunities.
(2) Advertised in general circularion trade association and socially and economically disadvantaged business directed media
concerning the subcontracting opporiunities.
(3) i'rovided written notice to a reasonable number of specific DBE's that dieir interest in the coniract is solicited,in sufficient
time to allow the DBE's to participate effectively.
(4) Followed-up on initial solicitations of interest by contacdng DBE's to determine with certainty whether the DBE's were
interested.
(5) Selected portions of the work to be performad by DBE's in order to increase the likelihood of mceting the DBE goal
(including,where appropriate,breakirig down contracts into economically feasible units to facilitate DBE paiticipation).
(6) Pmvided interested DBF,;�adequate infom�ation about plans,spacifications and requirements of the contract.
(7) Nego6ated in good faith with interested DBE's,not rejectiag DBE's as unqualified without sound reasons based on a
ti�orough investigation of their capabilities.
(8) Made efforts to assist interested DBE's in obtaining bonding,lines of credit or insurance required by the Department or
by the bidder.
(9) Made effective use of the services of available disadvantaged business organizations,minority contracto�'s groups;local,
state and Federal disadvantaged business assistance offices; and other organizarions that provide assistance in the
recruitment and placement of DBE's.
The undersigned certifies that the following steps have been taken to obtain DBE participation:
1• We contacted by telephone previously used subcontractors to
solicit their bid.
2.
3.
4.
5.
6.
7.
8.
FA-21
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• Sheet 4 of 5 Part A
SPECIALTY ITEM
Subcontract work awarded to DBB subcontractors not to ezceed the amount specified in the proposal or the amount designated in
the contract by the contractor whichever is less and not to exceed a total of 20%of the contract will be considered specialty items
under the provisions of Sec 108.1.1.
VERIFICATION OF DBE PARTICIPATIQN
Prior to release of retained percentage,the contractor shall file a list with the Commission showing tt►e DBE's used and the work
performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation
established in the conhac� Failure on the part of the contractor to achieve the DBB participation specified in the contract may result
in sanctions being imposed on the Department for noncompliance with Section 49 CFR,Part 23,aad Section 106(c)of the Surface
Transportarion and Uniform Relocation Assistance Act of 1987. If the total DBB participation is less than the contract goal stated
by the Commission,the Commission may sustain damages,the exact extent of which would be difficult or icnposs�ble to ascertain
and therefore in order to liquidate such damages,the monetary diff'erence between the amount of the goal stated by.fhe Commission
and the amount actually paid to th�,DBE's for performing a commercially useful function will be deducted from the contractor's
payments as liquidated damages. If the conttact is awarded with less than the contract goal stated by the Comimssion,that amount
shall beco�the contract goal and shall be used W det�mine liquidated damages. No such deduction will be made when,for reasons
beyond cotttrol of the contractor,the stated DBE participation is not met.
BIDDING PROCEDURE
The bidder shall complete the information required under Part A and submit with the bid proposal. Failure to svbmit the completed
Part A with the bid proposal may be cause for rejection of the bid. Part B shall be completed and submitted with t�e bid proposal
or delivered by the low and second low bidder within three working days after the leding date. No extension of time will be allowed
for any reason.
Failure to deliver the eompleted and executed Part B shown DBE participation of not less than that specified by the bidder in Part
A by 5:00 p.m on the third worldng day after the letting will be cause for rejection of the low bid and the proposal guaranty will
� become the property of the Comcnission. The proposal guaranty of the second low bidder will be retained under the same conditions
until the Comrnission has detemrined that the award will not be made to the second low bidder.
If Part B is not submitted with the bid, it shall be delivered directly to the City of Cape Girardeau,Engineering Division,401
Independence Street,Cape Girardesu,Missouri.
FA-22
1 ,
,., t
Sheet 5 of 5 Part A
PARTiCIPATION BY DBE'S(MUST COMPLETE AND SUBMIT WITH PROPOSAL)
T'he bidder agrees to utilize DBE's as follows: .
DBE PARTICIPATION 9. 1°/a OF TOTAL CONTRACT
Nip Reiley Equipment Co. . Inc-
(Co any)
By .
Vince Relle sident
Date: 11—2 5—0 3 (Titte)
FA-23
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BIDD�R(Narare�md.lddr�trs):
Nip Kel,lev Faui�ment Com�any, Inc.
41 North Snri�Street �.°—,.. _.---..----_.....
Cape Girardeau, 1� 63703 �"`""""'"—""
. STIQETYlNla�aa aed�aldness Q„�„Prda�t Plmc��'l4�• . . .
MercY�a�lts�_„�inS� (�Y
2100 Fleur Drive ;
� Des Mo nes, IA 50321 , Tel: 515-243-8171
0'1�VlVI�R(Na�xa anrl�ldd��srs1: .
cit of Ca Giraraeau.
C ty Hall. 401 Independence Street .
Cape Girardeau, 1� 6370 . '
BII�
BYU AUE I?ATE: Nwember 25, 2003
FRUJBC7(�ria��'�ita�l�lud�g Loc�rt6ary: ��
River Front Traill Phase II
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so�r�B�t: N/A
DA"�:(hl'at late�'.eha+r But lhre!�_ N 25, 2003 . t
PENAI.�t3itiq: Fiv�e Perc�t�af� the-�[iount:Bid. (5% of Amt. Bid �
II+T W"1`11VESS 1NHEREl�F,Snrery sn�d ai�dd�er.�teadit►g to 6e kgally bouad ha�by,aubjact to the�sms
: '`;t�xhe reverse side hortoi;da ea+c�causs this Bid Band ta be dulp execr�t�d au its boh�f b�►its s ,t;;,
��` j. ` '�6�t'���a rapr�ntstive. x�,�� s„� j�<�
i�61�/� '� � � • ��r e. ''�yy . :�;1�I�f51tlF�fl�l/f/�� :�t. -�.
.;�ar�4 u`+{r�Y� �. �/�, �1 f�Y ..;� _ �� �'�.,�f/�s�/J ir�,,.
.4;� ��.. d' .. �g�. • � {
^ y� ��p� '`� b i.i/.�J �Jr.�'a. I..
.��.���,'9'�r- y .. �ir�.���' �,�ilWi� .i'tia`7�'.� ����x�t���•�,�r�;�.-.
s' ��� :�IPMEN7.' CO�ANY� IN(;t.SCel) P'tERQ3ANI'S �NDING CO�Al�3�,����'���'����d/;�`'�,,>*�/�•w r f�J .
� ���r;. n ,: � � . , r� a
r Y r� �
Clp3 AT�8��`O!jlOS3�C � ��
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a:��X� ,� , -. �� �- . � ,.,,,� <,,�..,,.�
` � � .. �'� Sig�eattu�s�nd Tide(Atb�b Fa j ,��'''
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'"' �,� � Do�ald L. Wasoba, Attorney-i � _ � `}6
°���:�,, '� �C Witness: �A��� ,.,,, �'�' `a '
�.;`�°� ; :a r �, " 't;� ' ��$�tMe�tud Z'�tle �"�
•.n ;X. r.�� ,
:� ,.
� 4 ✓y � .�� �
k � � 3��S6ES Sl�B:O bC ilBGd,f0!gtYbg��p�.
�`�^•'���I!r :�t,-s''-�s"�g�EACG��!��►r�O�`O�E!�y►BbAn�C�Aslt�l,'!� �III��Nhl.`K'
��r�����.�i�,;��, ,• �
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�• Hidde��S��j�oy pld�svw�BY.�ind N�a�eire�.�e6' • Bp���� '
���a�imamn�cea�oa r�1�eipis m pq ta a�lq,d�I�e pvri��q��oE
O�raK upQa dN�uh oEBidd�tha pwpd s�aa+�Po�h aa ia i�a �ed�ie 8�d�c i�oot�t oa�t��
of tlN�c Hond, ome�ue m flrq Aurx�d e�ect.
2. Defi►utt of8iddmr shalt ooaur upop,t#�e�ilure of Bidder to i l. Tht ta�la"b�d"�naW hpeia�clude��bad,o$��pcpp�y[
deliv�withia thF��,��y�����nEe the �,�et61a.
°xecwed A�nt req'dr°d bY tl�e B�d���d�ay
P�rnadee oad�i bonds[eqni�by d�e Bidd&�g
�n�nd�vr�ct Da��oats.
�• l'hts obligation shaU hc avii ond r�oid if
3.1 �wner sccepc�8idda"t Md�n1d Hidd�'dciiva�s wimin
�ha dma reqnicea fi�y tde 8idda��Doc�ana(or mX
exenntod Atrtemen�,���� • . .
d�ameaa u�d wY P��e�ae MQ ps�boede
���q.or�Paoumemt�nd Contact � -
3.Z All bid3 m rrrjre�ted hry Qwrter,or _
3.3 �nn�ee�!h�'ls m+:n�e a notioa ofs•rrM to 8(��� .
thc durc�itte+d�iba Bidaiaa poe�ine�f(ar�y
�►licablo.ca�aled�by S�u+���yY�
p�r�ph 5 here.nt)
4. Faytaent toldcr this Boa�d will be dae�d P�Yabk�def�nuit
of Aiddee aod wi�ta 30 ala�dv dnys aEl�r rece;pt b�,�idd��M
Surc�ty of writcan t�ttca n�defwtt fi�ora E�,�;d►nodca wHt
�sivea wttb+a+saaable po��.;�,p�ya�tdis 8ond md
��CCt�d iucltid!!�i tll�Cp100[Of We n1101uKdul.
� S.Surcry t�siweE eotico of�ad ar�y and�ll deftnscs 6�std on pr
uiaia�arc vf any dme wctenslon ta issuo natice of aw�d aEceed c�
ia weiadg�'�'t)wser a4d�tddet.�dncthe time Aor ietuing
�►oti�of tward itfetudi�g exrenri�:iLalt not ia tbe�a6�
sxceed 120 dayi 6�gi�D.e D�oo�vti6ouc S�qr�wriaen
cananc
� No,�uit ar aedoa�fnll be�w�q this Haad priv�W
�4�a'4sY:a�r thG 1lopce af det�,ult�qu�ed ia paragr,�ph 4
aGow is roodved by$idrle�'�ttd S�ueq'>�rW�ne►p�e luet Ihon
��aratkr 8id L�ae L1nte. °-
7. Aqy�uit or a�tia�wwkr tA�e 9and aUsri b�omrrneoee4 vn�r ia
s eaurt ot�c f uslydictloa Io�te�m d�e s�te��aMeh me
P�4i�v bea�ed.
�. Noti�x reqa�d 6eimedcr�6e in wtitins and tt�t to 8iddec �
and S�y u et�d�t�e,aiva�d�as�ee�+owu on d�e tna af tlas
800d. Bt�cL aodc�tmy be�pt fi''paoo�t d�iiway.on�i�l
�'ar by Thiilad Suu�s R�tetyod or Oe:d1led 1�7.�nm re-
"��P��9�d.P�P�d.�d sla�be de�to 6e
et�eatiw upo.�itt 6X t�e pau�y�
9. Saoety+�i aa�Oa be a�el,ext io tt+is Hoad e piment�nd
�eWYs Powei ai'Altoruey evidda�ii6��+��ty of tbe ud'eea,
•�nt+l a�r��ive w�o ex�ated tla�8ond o0 6d�W'af 8urcty
��,�wt�Aelivo�nmh Bpod�ad biad thc Sw+�y tk�aebr,
10. This�ond it�b c�twtn oa s�q�rf(o�bk w�alory .
���� �� �oad�be�ed�bde
iroladod�se if set�b a�1w�SN, U'�nY Pi'ovioioq 4f the
6N7L]CNO�1S1a8�0(19906diqlpi) ��
;� ��
Merchants Bonding Company
c��n
POWER OF ATTORNEY �NO• N/A
Know A!I Persons By These PreseMs,that the MERCHANTS BONDING COMPANY(MUTUAL),a co►poretfon duy organized under
the laws of the State oi lowa,and having its prindpal offlce In the Ctty of Des Moines,CourMy of Polk,3tate of lowa,hath mede,
cor�stkuted and appointed,and does by these pre�eMs make,cor�stitute and appoiM
Donald L.Wasoba
of SL Peters and State oi Missouri ks Uue and lawful Attomey-in-Fact,with fuM power
and authority hereby conferred in�Ss name,Place and st�d,bo sipn,execxate,adQawledge and delNer in its behalf as s�x�ety any
and all bonds,undertaWngs.recogt�izances or otlier wdtten obligations in the nature tl�ereof,subject to the flmitatlon that any such
instrument shall not exceed the amau�t oF
ONE MII,LION(51,000,000.00)DOLLARS
arxl to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fuly and to the same extent as lf such bond or
undertaldng was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the ads of
sald Attomey-in-Fad,pursuard to tha authority herein given,are hereby ratified and conflrtned.
This Powervof,Attomey is made and executed pursuart�o and by aulhority of the idlovuiny Amended S�sdtuted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002.
ARTICI.E II,SECTION 8-The Chaim�an of the Board or President or any Vice PresWent or Secretary shall have power and
auN�ority to appoi�Aftomeys-in-Fact,and b autFio�ize them to exea#e on behalf of U�e Comparty,and attad�ttie Seal of tl�e
Comparry thereto,bonds and undertaWngs,recognizanoes,contracts ot indemnity and dher writings obligabory in the r�une
tttereof.
ARTICLE II,SECTION 9-The signature of any auttwrized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attomey or CerNflcatlon thereof authorizing fhe execxrtion and detivery of a�y bond, urxiertaldr�g,
recogrdzance,or ofher suretyship obligations of the Company,and such signature and seal when so used shaq have the
same force and eflect as though manually fpced.
In VVitriess Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its Preside�t and
its corponate seal to be hereto affbced,this 1st day of January,2003.
••�--•.
�•���1G_CO,�'•� MERCHANT8 BONDING COMPANY(IYIUTUAL)
�°?oaP09 A9�
.
. .�V 9�.y,c:
:�.•_ -o- o� :
.z;— :�. �
;a 1933 •e: ey �
.y' :�,,.
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STAIE OF IOWA •� � � ��•
�'�.��..• P/esldeAt
COUNTY OF POLK ss.
On this tst day of January,2003,before me appeared Larry Taylor,to me personaly known,who being by me duly swom did say tl�at
he is PresideM of fhe MERCfiANTS BONDING COMPANY(MUTUAL),the corporaQon described in the foreyoing instrument,and thal the
Seal afraed to the said instrument is the Corporate Seal of the satd Corporation end that the said instrumeM was sipned and s�led in behalf
of eaid Corporation by autliority of its Board of Diredors.
In Testimony YVhereof,1 have hereunto set my hand and affoced my Otflcial Seal at the City of Des Moi�es,bwa,the day atid year first
above written.
�
MARILYN BOYD
. �� Commisaion Numb�r 10012
�Ay Cotrunission_Expires
Notromber 4,ZOW Notary Public.Adk Co�wdy,IoNe
STATE OF IOWA
COUNTY OF POLK ss.
I, VIfiA'iam Wamer,Jr.,Secretary of the MERCIiANTS BONDING COMPANY(MUTUAI.),do hereby cerdry that the above a�d foregoing
is a true and�Rect copy ot the POWER-0F ATTORNEY executed by said MERCFIANTS BONDING COMPANY(MUTUAL),which is
stlll in fuA foroe and effect and f�as not been amended or
�x�.,r,
M VUitness NMereof,l have hereunto set my ha � .r al of the Company on this25th�Y� No�v�pber, .2003.
. ��
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