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HomeMy WebLinkAboutRES.1456.05-03-1999BILL NO. 99-100 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT CO., INC., FOR THE ISTEA RECREATION TRAIL, PHASE I BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Acting City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Nip Kelley Equipment Co., Inc. for the ISTEA (Intermodal Surface Transportation Efficiency) Recreation Trail, Phase I. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 19 n ATTEST: dy Deputy City Clerk A. 1M. Spradling, III, �d,�ror r CITY OF CAPE GIRARDEAU RECREATION TRAIL ISTEA ENHANCEMENT FUNDS STP -1500 (002) 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 19 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Nip Kelley Equipment Co. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents shall consist of but not limited to the construction of 3,995 lineal feet of 8' wide pavement for a recreation trail. Work includes all grading, excavation, and the restoration of all disturbed areas as directed by the Owner or his Representative. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within One hundred twenty (120) 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 thirty-five (135) days after the date when the Contract Times commence to run. A-1 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER 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 fifty 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 Fifty Dollars $ 350.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.1 for all Work other than Unit Price Work, a Lump Sum of: S All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11 .8 of the General Conditions. PLUS/OR 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES Fiftv-six Thousand Thirty-eight Dollars and Five Cents ............($ 56,038.05) As provided in paragraph 11 .9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11 .9.2 of the General Conditions. A-2 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1 .1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1 .1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Fina/ 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. A-3 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". 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 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 A-4 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. 7.8 CONTRACTOR is aware that no second-tier subcontracting will be permitted. 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 8 inclusive). 8.2 Exhibits to this Agreement (pages _to , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits PB, CPB and consisting of 4 pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title Cape Girardeau Recreation Trail . 8.8 Drawings. 8.9 Addenda numbers to , inclusive. A-5 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. 8.13 Anti -Collusion Certificate (Submittal 1). 8.14 Contractor's Affidavit (Submittal 2). 8.15 EEO Certification and Affirmative Action in Subcontracting (Submittal 3). The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-7 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 Date of the Agreement). 19 (which is the Effective OWNER City of Cape Girardeau CONTRACTOR Nip Kelley Equipment Co. Inc. Walter L. Denton, Acting City Manager [CORPORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents Authorizing execution of Agreement. Attest [CORPORATE SEAL] Address for giving notices 41 N. Sviaa Street Cage Girardeau, MO 63701 License No. Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) on CITY OF CAPE GIRARDEAU RECREATION TRAIL ISTEA ENHANCEMENT FUNDS STP -1500 (002) BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The construction of 3,995 linear feet of 8' pavement for a recreation trail in the City of Cape Girardeau, and all necessary appurtenances. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63701-6244 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: (List Addenda by Addendum Number and Date) /l, //0 41 (b) BIDDER has visited the site and become familiar with and is satisfied as to the BF -1 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 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. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed WNW 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): UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL QTY. PRICE EST. PRICE 1 Tree Removal Each 4.0 $ 7y3?5 $ 2 Excavation Class B C.Y. 435.4 $ a $ _ 3/1 3 Grading S.Y. 6,658.0 $ . 7a $ 4 H.M.A.C. Pavement 4" Thick S.Y. 3,552.0 $�, �5 $ 4� 5 Prime Coat (0.3 gal. / sq. yd.) Gal. 1,066.0 $ /. ` " $ 4. Z 7 - 6 Aggregate Base 4" Thick S.Y. 3,552.0 $ $ ?D 7 18" R.C.P. L. F. 145.0 $ $ 8 18" Flared End Each 5.0 $ $ 25 9 Subgrade Drains L. F. 77.0 10 Seed and Straw Acre 1.1 $1 4Zl3 TOTAL BID FOR ALL UNIT PRICES ($ 561©39 �y ) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based BF -3 on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within 120 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 135 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. 7. Communications concerning this Bid shall be addressed to: Name 1� Address/ (a) Performance and Payment Bonding Company Name Address Agent\Power of Attorney Name (if used) Address -i.,2 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 '1992 State Contractor License No. IF BIDDER is: An Individual By (Individual's Name) doing business as SEAL) Business address: Phone No.: A Partnership By (Firm Name) (General Partner) Business address: (SEAL) Phone No.: A Corporation Zh By= �'.--(SEAQ (Corpora ion me) (State of Incorporation) �'l11111f Sti3ll HAI (Name of Person Authorized to Sign) (Title) (Corporate Seal Attest f%r ( Business address: SEAL') "i C -- CZ r2a y: hdy' dc Alz ),)q/) 6 � ir9/ Phone No.: �' 73 - 3 3( d s s 3 Date of Qualification to do business is J n / r / A Joint Venture By (Name) (Address) BF -5 (SEAL) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) ANTI -COLLUSION STATEMENT • .. dA MOUTE PROJECT S ! P -- t 5,f6 Op STATE OF Y�) . s3 0 L n.' ) I )SS. COUNTY OF rn- being first duly sworn, deposes and says that he is � of 11a Z.4 zi, that all statements made and facts set out in the proposal for the above project are true and correct; and that the bidder (The person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or othrwise taken any action in restraint of free competitive bidding in connection with such bid or any contract which may result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. BY BY BY Sworn to before me this rW 421 day of /�L n.( , 19 . Vi - Notary"' ub] is My commission expires l o� - o? Submittal 1 CONTRACTOR'S AFFIDAVIT This affidavit is hereby made a part of the Proposal, and an executed copy thereof shall accompany each Proposal submitted. STATE OF Y;�5���v, ) SS COUNTY OF ` .a .�,.. ) The undersigned, , of lawful age, being first duly sworn states upon oath that he is of the contractor submitting the attached proposal, that he knows of his own knowledge and states it to be a fact that neither said proposal nor the computations upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed project. Af f iant Subscribed and sworn to before me, a Notary Public, in and for the unty and State aforesaid, this !Srday of l kAn , 19 . N-ARY SEAL N tary Public V\ LDL y•.' '..i-.. s`.F.s<r� My commission expires: %a 00 Submittal 2 October 1977 CERTIFICATION REGARDING EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION IN SUBCONTRACTING (1) Certification with regard to Performance of Previous Contracts or Subcontracts subject to the Equal Opportunity Clause and the filing of Required Reports. The bidder--Z-r,, ' , proposed subcontractor , hereby certifies that fie has , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has .4-- , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. 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 which 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 are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent 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 regard to intent to subcontract a portion of the work and affirmative action to consider minority business enterprises as potential subcontractors. Submittal 3 I CERTIFICATION REGARDING DISBARMENT, ELIGIBILITY, INDICTMENTS, CONVICTIONS OR CIVIL JUDGEMENTS The president or authorized official of bidder, under penalty of perjury under the laws of the United 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: is not currently under suspension, debarment voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred voluntarily excluded or deter- mined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicated, convicted, or had a civil judgement rendered against (it) by court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. (Insert Exception, if any) Exceptions will not necessarily result in denial of award, but will -be considered in determining bidder responsibility. For any exception noted, indicate below to whom it applies, initiating agency, and dates of action. Providing false information may 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 consti- tute an endorsement and execution of this certification. BC -1 Certification Regardinq Lobbying Activities: In accordance with Section 391 of Public Law 101-121 the bidder, under penalty of perjury certifies by signing and submitting this bid or proposal, that: (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 federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (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 this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclo- sure Form to report Lobbying," in accordance with its instruc- tions. 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 this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject 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 that they shall require that the language of this be included in all lower tier subcontracts, which and that all such subrecipients shall certify and accordingly. BC -2 or proposal certification exceed $100,000 disclose �Amwest PUBLIC WORKS BID BOND BOND NO: 0000943103 PREMIUM: BID DATE: April 20, 1999 Know all men by these presents: 63701 That we, Nip Kelley Equipment Co , Inc 41 N Sprigg Street, Cape Girardeau (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business in the State of Missouri , as Surety, are held and firmly bound unto Citv Of CaDe Girardeau. CaDe Girardeau. MO (hereinafter called Obligee) in the penal sum of Five percent ( 57- ) of the bid amount, but in no event to exceed Five Percent of the Amount of the h; d Dollars ( 5% of Amt of R; c� for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Grading of Land for Bike Trail NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified may in good faith contract with another party to perform void; otherwise to remain in full force and effect. in the bid and such larger amount for which the Obligee the work covered by the bid, then this obligation shall be SIGNED, SEALED AND DATED THIS DAY OF April 20, 1999 Q!` 0Q�P Ol.4 C/)� DEC.14, n 1995 '0 Nip Kelley Equipment Co., Inc. Principal Name By: Wanda Kelley Signature AMWEST,S-URETY INSURANCE COMPANY Attomey-in-Fact LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Expiration Date: 10/22/00 "" '" 001174J1OJ This document is printed on white paper containing the artificial watermarked logo ( ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is govemed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concemed about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (913) 384-1719 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: Loy W. Welker Mary Kay Welker Cheryl Jochens Tim L. Kelley As Employees of Capital Insurance & Associates its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $2,500,000.00 Contract Bonds up to $2,500,000.00 License and Permit Bonds up to $100,000.00 Miscellaneous Bonds Up To $100,000.00 Small Business Admistration Bonds up to $1,250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. Bond No. Signed & sealed this day of 19 Karen G. Cohen, Secretary «««««««««««««*«** RESOLUTIONS OF THE BOARD OF DIRECTORS ********************** * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25's day of September, 1998. John E. Savage, Presidefit Karen G. Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d and official seal. K -=y e. WRpN y .. S (/,, -� Notary Rae ComOsslon* C bffio !` ............... P q 9 •.. ''- Signature u (Seal) los Anp«N Ccunly My Comm. Expit" Aug 6,1994 (O— DECK 'CIO, ff_ F-1 1995 TEL 818 871-2000 5230 Las Virgenes Road Calabasas, CA 91302 PROJECT TITLE PROJECT NO. CONTRACT DATE REVISED CHANGE ORDER # 1 & FINAL . Recreation Trail Phase I, ISTEA Enhancement Funds STP -1500(002) CONTRACTOR Nip Kelley Equipment Company, Inc 1. DESCRIPTION AND REASON FOR CHANGE: (ATTACH SUPPLEMENTAL SHEETS IF REQUIRED) Change item No. 2, excavation class B, No. 7, 18" RCP, No. 10, seed and straw, to adjust to "as constructed" quantities. Item No. 3, grading, No. 4, H.M.A.C. pavement 4" thick, and No. 5, prime coat, are larger due to extending the project an extra 658 feet to connect the trail to the existing pedestrian bridge, which is adjacent to a parking area. Item No. 6, aggregate base 4" thick, is larger due to the extra length of the project plus stabilization of subgrade at various areas along project (see field book for exact stationing). Item 9, subgrade drains, were not constructed due to the inability to "daylight" the pipes. The surrounding area was landscaped to allow drainage across the trail. Revision necessary to correct addition error for the TOTAL of Column (H) which in turn required changing the amount in the summary numbers 2., 4., and 5. 2- ESTIMATE OF COST OF WORK AFFECTED BY THIS CHANGE ORDER (A) Est. Line No. (B) Contract Item No. (C) Item Description (D) Units Previously Provided For (E) Units To Be Constructed (F) Units Overrun Underrun Contingent (G) Contract Or Agreed Price (H) Amount Of Overrun Or Plus Contingent (1) Amount Of Underrun Or Minus Contingent 2. 2. Excavation Class B. 435.4 C.Y. 407.03 C.Y. 1 28.37 C.Y. $ 12.20 $ $ 346.11 3. 3. Grading. 6,658 S.Y. 7,755 S.Y. 1,097 S.Y. $ .72 $ 789.84 4. 4. H.M.A.C. pavement 4" thick. 3,552 S.Y. 4,137 S.Y. 585 S.Y. $ 6.95 $ 4,065.75 5. 5. Prime coat (0.3 gaVsgyd.) 1,066 Gal. 1,200 Gal. 134 Gal. $ 1.10 $ 147.40 6. 6. Aggregate base 4" thick. 3,552 S.Y. 5,392 S.Y. 1,840 S.Y. $ 2.45 $ 4,508.00 7. 7. 18" RCP. 145 L.F. 136 L.F. 9 L.F. $ 33.12 $ 298.08 9. 9. Subgrade drains. 77 L.F. 0 L.F. 77 L.F. $ 5.25 $ 404.25 10. 10. Seed and straw. 1.1 Acre 2.3 Acre 1.2 Acre $ 1,443.74 $ 1,732.49 TOTALS $ 11,243.48 $ 1,048.44 3. SETTLEMENT FOR COST OF THE ABOVE CHANGE TO BE MADE AT CONTRACT UNIT PRICES, EXCEPT AS NOTED: None 1. CONTRACT AMOUNT $ 56,038.05 THE TE EN��l7TC1�lED ABOVE ARE HEREBY AGREED TO: 2. OVERRUN THIS ORDER (H-1) $ 10,195.04 3. OVERR U S RDERS) (L.1 ON PREV/RRU $ 0.00 Contracto - Nip Kell'6y Equipment Co. I Date OTAL OVEO DATE (2+3) $ 10,195.045. TOTAL (1+4 $ 66,233.09 Mark A."t-ester, City Engineer Date G. SUBMITTED RESIDENT ENGINEER ���� TO THE DIV. ENGR. F.H.W.A., JEFFERSON CITY, MISSOURI __AR SIR: WE ARE REQUESTING FEDERAL AID ON THIS CHANGE ORDER DATE AND MODIFACATION OF THE PROJECT AGREEMENT, IF NECESSARY DATE APPROVAL RECOMMENDED -DIST. ENGINEER DATE RESPECTFULLY, MISSOURI DEPARTMENT OF TRANSPORTATION EXAMINED AND APPROVED APPROVED -DIVISION ENGINEER, CONSTRUCTION DATE DISTRICT ENGINEER FOR DIVISION ENGINEER DATE FEDERAL HIGHWAY ADMINISTRATION CHANGE ORDER # 1 & FINAL PROJECT TITLE Recreation Trail Phase I ISTEA Enhancement Funds STP -1500(002) PROJECT NO. 2047 CONTRACT DATE June 4, 1999 CONTRACTOR Nip Kelley Equipment Company Inc 1. DESCRIPTION AND REASON FOR CHANGE: (ATTACH SUPPLEMENTAL SHEETS IF REQUIRED) Change item No. 2, excavation class B, No. 7, 18" RCP, No. 10, seed and straw, to adjust to "as constructed" quantities. Item No. 3, grading, No. 4, H.M.A.C. pavement 4" thick, and No. 5, prime coat, are larger due to extending the project an extra 658 feet to connect the trail to the existing pedestrian bridge, which is adjacent to a parking area. Item No. 6, aggregate base 4" thick, is larger due to the extra length of the project plus stabilization of subgrade at various areas along project (see field book for exact stationing). Item 9, subgrade drains, were not constructed due to the inability to "daylight' the pipes. The surrounding area was landscaped to allow drainage across the trail. o CCTInAnTC nC nnCT nC IAinPV APPPC`Tr-n RV TRIC CHakir,F r1Rr1FR (A) Est. Line No. (B) Contract Item No. (C) Item Description (D) Units Previousl y Provided For (E) Units To Be Constructed (F) Units Overrun Underrun Contingent I (G) Contract Or Agreed Price (H) Amount Of Overrun Or Plus Contingent (1) Amount Of Underrun Or Minus Contingent 2. 2. Excavation Class B. 435.4 C.Y. 407.03 C.Y. 28.37 C.Y. $ 12.20 $ 346.11 3. 3. Grading. 6,658 S.Y. 7,755 S.Y. 1,097 S.Y. $ .72 $ 789.84 4. 4. H.M.A.C. pavement 4" thick. 3,552 S.Y. 4,137 S.Y. 585 S.Y. $ 6.95 $ 4,065.75 5. 5. Prime coat (0.3 gal/sqyd.) 1,066 Gal. 1,200 Gal. 134 Gal. $ 1.10 $ 147.40 6. 6. Aggregate base 4" thick. 3,552 S.Y. 5,392 S.Y. 1,840 S.Y. $ 2.45 $ 4,508.00 7. 7. 18" RCP. 145 L.F. 136 L.F. 9 L.F. $ 33.12 $ 298.08 9. 9. Subgrade drains. 77 L.F. 0 L.F. 77 L.F. $ 5.25 $ 404.25 10. 10. Seed and straw. 1.1 Acre 2.3 Acre 1.2 Acre $1,443.74 $ 1,732.49 TOTALS $11,253.48 $ 1,048.44 3. SETTLEMENT FOR COST OF THE ABOVE CHANGE TO BE MADE AT CONTRACT UNIT PRICES, EXCEPT AS NOTED: None 1. CONTRACT AMOUNT $ 56,038.05 THE TERMS O E MENT TLINE ABOVE ARE HEREBY AGREED TO: 2. OVERRUN THIS ORDER I) $ 10,205.04 3. OVERRUN PREVIOUS (LINE 4 ON PREV. ERS) $ 0.00 Contractor - . Nip Kelley Equipment Co. In Date 4. TOTAL OVERRUW O DATE (2+3) $ 10,205.04 5. TOTAL (1+,F $ 66,243.09 Ma , Lester, City Errgineer Date TO THL DIV. ENGR. F.H.W.A., JEFFERSON CITY, MISSOURI DEAR SIR: WE ARE REQUESTING FEDERAL AID ON THIS CHANGE ORDER ZIA�Michael G. Miller, City Manager DATE AND MODIFACATION OF THE PROJECT AGREEMENT, IF NECESSARY RESPECTFULLY, SUBMITTED RESIDENT ENGINEER DATE MISSOURI DEPARTMENT OF TRANSPORTATION APPROVAL RECOMMENDED -DIST. ENGINEER DATE EXAMINED AND APPROVED APPROVED -DIVISION ENGINEER, CONSTRUCTION DATE DISTRICT ENGINEER FOR DIVISION ENGINEER DATE FEDERAL HIGHWAY ADMINISTRATION