HomeMy WebLinkAboutRES.2521.03-15-2010BILL NO. 10-36 RESOLUTION NO. c:::�>/
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH J. W. TRANSPORT,
LLC, FOR THE CAPE NORTH PARK TRAIL PROJECT,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with J. W. Transport, LLC, for the Cape North Park
Trail Project, in the City of Cape Girardeau, Missouri. A copy
of said Agreement is attached to this Resolution and made a part
hereof.
PASSED AND ADOPTED THIS 0' DAY OF 20
000
,00:;-�O�i C. �•.,.,,�
CJayyx
Knudtson, Mayor
ATTEST:
IVIE UNI
CITY OF CAPE GIRARDEAU
CAPE NORTH PARK TRAIL
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 3 - day of A 12ri 1 in the year
2010 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and Jw TRANSPORT, LLc (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 consists of...
The construction of a 4,800 foot extension of the Cape LaCroix walk trail,
beginning at Lexington Avenue and ending at the Missouri Department of
Conservation nature trail. The project includes but is not limited to earthwork,
placing of culverts and bridges, low water crossings, asphalt and concrete
paving.
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 ninety 90) 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 twenty (120) calendar days after the
date when the Contract Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
A-1
1.4
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 nine hundred fifty ($950) foreach 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 nine hundred fifty ($950) 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.
Two hundred forty-eight thousand
TOTAL OF ALL UNIT PRICES: nine hundred dollare-------------- ($248,900.00)
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 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.
A-2
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".
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 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 Second tier subcontracting will not be permitted on the project. It will be the
responsibility of the contractor to insure that sub contractors do not subcontract any portion
of the work.
A-4
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- 7 , 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 Cape North Park Trail
8.8 Drawings — Sheet 1 to Sheet 34.
8.9 Addenda numbers _ to _, inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 7 , inclusive).
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.
M.-
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5 Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a
federal work authorization program with respect to the employees proposed to work in
connection with the services requested herein by 1) submitting a completed, notarized copy
of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the
bidder's enrollment and participation in a federal work authorization program with respect
to the employees proposed to work in connection with the services requested herein.
1
I k
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 �pri 1 a-1 _,2010 (which is the
Effective Date of the Agreement).
OWNE
By: S Cz ti' NI
[CORPORATE SEAL]
Attest
Address for giving notices
401 Indeoendence Street
Cape Girardeau, MO 63703
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
aut ecution of Agreement.
13
CONTRACTOR J w Transport, LLC
0
RPORATE SEAL]
Address for giving notices
190 Paiute Lane
Cape Girardeau, MO 63701
License No.
NAVA
Agent for service of process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
EXHIBIT A
CITY OF CAPE GIRARDEAU
CAPE NORTH PARK TRAIL
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION:' A 4,800 foot extension of the Cape LaCroix walk trail,
beginning at Lexington Avenue and ending at the Missouri Department of Conservation
nature trail. The project includes but is not limited to earthwork, placing of culverts and
bridges, low water crossings, asphalt and concrete paving.
THIS BID IS SUBMITTED TO:
CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63703
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
The sponsor herby notifies all bidders that this contract is subject to applicable labor laws,
non-discrimination provisions, wage rate laws and other federal laws including the Fair
Labor Standards Act of 1938. The Work Hours Act of 1962 and Tilte VI of the Civil Rights
act of 1964 also apply.
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 ninety (90) days afterthe 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:
BF -1
Addenda, receipt of all which is hereby acknowledged: (UstAddenda by Addendum Number and Date)
�o u M ±- 12(zWldOL0
I�ddend u,m 8 a ' L-( IACko
(b) BIDDER has visited the site and becomefamiliar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination
set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which BIDDER is entitled to
rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that
such reports and drawings are not Contract` Documents and may not be complete for
BIDDER'S purposes. BIDDER acknowledges' that OWNER and Engineer do not assume
responsibility for accuracy or completeness of information and data shown or indicated in
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
BF -2
are generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules
of any group association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER
has not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
(i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a
federal work authorization program with respect to the employees proposed to work in
connection with the services requested herein by 1) submitting a completed, notarized copy
of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the
bidder's enrollment and participation in a federal work authorization program with respect
to the employees proposed to work in connection with the services requested herein.
(j) Bidders are informed that the Project is subject to the requirements of Section 292.675,
R.S. Mo, which requires all contractors or subcontractors doing work on the Project to
provide, and require its on-site employees to complete, a ten (10) hour course in
construction safety and health approved by the Occupational Safety and Health
Administration ("OSHA") or similar program approved by the Missouri Department of Labor
and Industrial Relations which is at least as stringent as an approved OSHA program. The
training must be completed within sixty (60) days of the date work on the Project
commences. On-site employees found on the worksite without documentation of the
required training shall have twenty (20) days to produce such documentation.
(k) The City of Cape Girardeau hereby notifies all bidders that it will affirmatively ensure
that in any contract entered into pursuant to this advertisement, disadvantaged- business
enterprises will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award. Any DBE proposed for the project must be registered with
MODOT.
(i) Second tier subcontracting will not be permitted on this project. It will be the
reSponsibllityofthe contractor to insure that his subcontractors do not, in tum subcontract
qny portion of the work.
'm The prime contractor must perform with its own organizatin, contract work amounting
contractor must have a fully
:o not Less than 30% of the total original contract puce. A prime y da s prior to the
,esponsive contractor questionnaire on file the MNTC at least seven (7)
bid opening date.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s)
BF -3
NO ITEM
1 Mobilization
UNIT PRICE BASE BID - NORTH PARK TRAIL
UNIT EST. UNIT TOTAL
QTY. PRICE EST. PRICE
LS 1 $a3Im.(95 $ a I d, -5,U"-''
2 Clearing and Grubbing
LS 1 $
864
3 Earthwork
CY 5000 $(6.L'`)
$ `-f U, DOC). 00
3A Grading
LS 1 $�'`
JIJ� ��
`�-�
$ GV�.JI J . W
4 Temporary Erosion Control
LS 1 $�c' / VL1
$ 3co 01
5 6" Aggregate Base
SY 3,923 $ .y S
$ C1 �L f ^ I l I
6 4" Asphalt Trail
SY 3,487 $ Ul)
�S.
$
3c�s. �
7
8
9
10
11
12
13
14
15
16
17
18
19
4" Aggregate Base
SY
864
$ I 0 u
$
, ()v
6" Concrete Walk Trail
SY
768
$ CJ
$
),c
50' Pedestrian Bridge
LS
1
$
�vgSU.�
$
30TS0.0'
Low Water Crossing
LS
1
$ ()p
$
0
Retaining Walls
SF
1024
$�� ate
$
!� 2 L)D
24" Reinforced Concrete Pipe
LF
180
$I
$_
Lv
30" Reinforced Concrete Pipe
LF
112
$ 3c ,IJb
$
3" Concrete Slope Protection
SY
35
$ oo
$
Type 2 Rock Blanket
SY
260
$
Seeding and Mulching
LS
1
$ l -X)
$
�J
Bench
Bike Rack
Junction Boxes
EA 1 $ 4% $ � �J
�1�\ (��y
EA 1 $ CJIJIJ $ 5 vv , O L)
5n�'v
LS 1 $ JIIw.00 $I*r"
�vJ
i
l))—
TOTAL BID FOR ALL UNIT PRICES
mm
1
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
Unit Prices have been computed in accordance with paragraph 11 .9.2 of the General
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within ninety 90 calendar
days for the 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 twenty
120) calendar days for the after the date when the Contract Times commence 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.
(c) Any Addenda issued.
(d) Exhibit Affidavit of Work Authorization
(e) The E -Verify Program For Unemployment Verification Memorandum of
Understanding
7. Communications concerning this Bid shall be addressed to:
Name l �. �(J �1 I r--) -A
Address I� �a �U\�i ����D CGS a� �V,(adP����
(a) Performance and Payment Bonding Company
Name
Addre:
Agent\Power of Attorney Name (if used)
AM
Address P 0VJ ftJt un LL/- Ju i k (� Li oh on r C otp?)165
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 ML((,�0 , 20 _L
State Contractor License No.
IF BIDDER is:
An Individual
By J w Trws 00lf, (SEAL)
(individual's Name)
doing business as LAO Business address: v (� LAO
Phone No.:
A Partnership
By
(Firm Name)
(General Partner)
Business address:
(SEAL)
Phone No.:
A Corporation
By (SEAL)
(Corporation Name)
(State of Incorporation)
By (SEAL)
(Name of Person Authorized to Sign)
(Title)
(Corporate Sea[)
Attest
(Secretary)
Business address:
Phone No.:
Date of Qualification to do business is
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Ner and Address for receipt of official communications:
U1\� u b�4t-" U 51 -qui l
(Each joint venturer must sign. The manher of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
BREAKDOWN OF WORK FORCE (Required):—
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
4 I. ;�.�,'212a..'L4, 5, la. I3, 15, )U. )�. I'(�. 1
- h u ro'&
It is anticipated that the following subcontractors will be employed for work on this project:
Second tier subcontracting is not permitted on this project. It will be the responsibility of the
contractor to insure that subcontractors do not subcontract any portion of the work.
SUBCONTRACTORS:.
BF -7
(Name)
C
(Type of Work)
L11�
ADM 11H
EKr11'rERS
i e ��ed G' l d'07:modS¢dA 2Y04(0 47 )
SECTION 00410 - BID BOND
KNOW ALL MEN BY THESE PRESENT, that we, the undersigned,
.J_ w _ Transport
Ln Cape Girardeau, MO
as Principal, and
Surety Company
as Surety, are hereby held
and firmly bound unto the
Cit of Ca e Girardeau
as Owner in the
penal sum ofPercent of the bid amount
, for the payment
of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns.
Signed, this -9-th day of Mar____ch , 20;10
The Condition of the above obligation is such that whereas the Principal has submitted to
The City of Cape Girardeau, a certain Bid, attached hereto and hereby made a part hereof
to enter into a contract in writing, for Construction of Caae North Park Trail STP
500(0141
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) lfSaid Bid Shall be accepted and the Principal shall execute and deliver a
coniract �n the Focm of Contract ai�ac`ned hereto 1prope�\y comp\eted
" §`` accordance "41% \n
said Bid) and shall famish a
' said contract, and for the payment of all persons perfobond iOf rming labor porffurnishing ormance f
materials in connection therewith, and shall in all other respects perform the
agreement created by the acceptance of said Bid, then this obligation shall be
void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as
herein stated. The Surety, for value received, hereby stipulated and agrees that
the obligations of said Surety and its bond shall be in no way impaired or
affected by and extension of the time within which the Owner may accept such
Bid; and said Surety does hereby waive notice of any such extension.
Cape North Park Trail - S&C # 107064
00410-1
BMTD
.._......... ....... _ .. _.._ r vtied GIa O'_:modfiedg-'s7-09((J°1
r.( .LACERS
IN WITNESS WHEREOF, the Principal and the Surety have used their orpo�atettheir hands and
seals to be hereto
seals, and such of them as are corporations have ca year first set forth
affixed and these presents to a signed by their roper officers, the day and y
abov
(L.S.)
Principal J U,� �1 t
es ern Surety company
Ci iraty
By
Attorne-in-Fact ting bonds must appear on the Treasury Departments
IMPORTANT: Surety
companies executing p
ed) and be authorized to transact business in the State
most current fist (Circular 570 as amend
where the project is located.
END OF SECTION 00410
00410-2
Cape North Park Trail - S&C # 107064
ODy
Western Surety Company
BID BOND
(Percentage)
Bond Number: 70887470
KNOW ALL PERSONS BY THESE PRESENTS, That we J W Transport LLC
of
190 Paiute Ln., Cape Girardeau, MO 63701 hereinafter
referred to as the Principal, and Western Surety Company -
as Surety, are held and firmly bound unto City of Cale Girardeau
of401 Independence St., Cape Girardeau, MO 63701-6244
hereinafter referred to as the Obligee, in the sum of Five ( 5 %) percent of the greatest
amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for
Extension of Cape La Croix Walk Trail - Lexington Ave To Conservation Nature
Trail Cape Girardeau MO
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be
specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or
contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the
damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this
obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this 9th day of March 2010
M
By
Form F5876
J W Transport
(Principal)
Western Suretv C
(Surety)
LLC
DOUGLAS EDWARD MUELLER Attorney -ii
(Seal)
ACKNOWLEDGMENT OF SURETY
Missouri STATE OF M(Attorney-in-Fact) Bond No. 70887470
COUNTY OF Cape Girardeau ss
On this �9 day of�, -C i before me, a notary public in
and for said County, personally appeared DOUGLAS EDWARD MUELLER
to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY,
a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said DOUGLAS EDWARD MUELLER
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
Girardeau Missouri , the day and year last above written.
My ommission expires
& - .30 , .,2110/3
Form 106-4-2000
DeRenda Montgomery
Notary Public - Notary Seal
State of Missouri
Cape Girardeau County
My Commission Expires March 30, 2013
Co ss'o 09 49
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 70887470
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint DOUGLAS EDWARD MUELLER
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: J W Transport, LLC
Obligee: City of Cape Girardeau
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 9
2010 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat,
and its corpQ,ji :$Q31 to be affixed this 9th day of March 2010
STi?jYSOU�J
WESe SURE COMPANY
Paul T. Bruflat/Senior Vice President
COUNY'V'_Q _MP_IT- AHA ss
On thisz ' 9th day of March in the year 2010 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
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f D. KRELL
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f bNOTARY PUBLIC f Notary Public - South Dakota
SOUTH DAKOTA�f
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My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this
M. —h >nl n
Form F5306-9-2006
9th
day of
WESTR SURE COMPANY
Paul T. Bruflat/Senior Vice President
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 70887470
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint DOUGLAS EDWARD MUELLER
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: J W Transport, LLC
Obligee: City of Cape Girardeau
Amount: $500,000-00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board o£Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 9-
2010
2010 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat,
and its corvp,":-i9th day to be affixed this Y of March 2010
-- = _- WEST R SURE COMPANY
Paul T. Bruflat/Senior Vice President
STi L�4 °wC2LT�L=ITA
CO
OUNT'ytQ7_?:_MI_I_t �
ss
On this n Y 9th day of March in the year 2010 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
+ati��titi��tiati..a�ativa+•.bti..ti +
t
j D. KRELL r
r
r NOTARY PUBLIC' o�Public - South Dakota
f EAL SOUTH DAKOTA SEAL J
+��4i Yigi44�rN�lbti9btibti4 +
My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this
nr-,- , 7n1 n
Form F5306-9-2006
9th
day of
WEST R SURD COMPANY
Paul T. Brufla enior Vice President
ADDENDUM NO. 1
DATE: February 24, 2010
PROJECT: Cape Girardeau North Park Trail
LETTING DATE: March 9th, 2010 At 10:00 AM (Local time)
LOCATION: Office of the City Engineer, City Hall, 401 Independence Street, Cape Girardeau,
MO 63703
OWNER: City of Cape Girardeau, Missouri
ENGINEER: SMITH&CO of Poplar Bluff, Missouri
SUBJECT: Bid Item Revisions.
Add Item No. 19: Junction Box. See the attached revised Bid Form (BF -4). This item shall be a
lump sum requested item. Details are provided on Sheet 29 of the Plans. See attached revised
Section 00290 - Basis of Bids for bid item description.
Bid Items No. 5 & No. 7 shall be revised to 3,923 S.Y. of 6" Aggregate Base and 864 S.Y. of 4"
Aggregate Base; respectively. This is to account for the additional 6 -inch width of aggregate on
each side of the trail. See the attached revised Bid Form (1317-4).
Bid Item No. 3 shall be divided into Bid Item 3 — Earthwork and Bid Item No. 3A — Grading.
Bid Item No. 3 — Earthwork shall indicate a new quantity of 5000 C.Y. of total cut and fill
volume. The Bid Item No. 3A — Grading shall be a lump sum item. See the attached revised Bid
Form (BF -4) and Section 00290 — Basis of Bids.
SUBJECT: Park Bench — Bid Item No. 18.
The park bench mount shall be surface mounted. See specifications for mounting details.
SUBJECT: Rock Blankets & Rin -Ran.
All Rip -Rap and Rock Blankets shown on the plans for Bid Items No. 10 and No. 11 are
incidental costs and should be included in the cost of construction. This does not include any
addition rip -rap or rock blanket elsewhere on the project. Any rip -rap or rock blankets already
having specified uses shall remain specified per plans.
Rip -Rap thickness shall be a minimum of eighteen inches (18")
SUBJECT: Trail Profile Sheets 10 & 11.
Sheets 10 and 11 indicate a 33.07 linear feet portion of Segment 2 Trail from Station 5+67.39 to
Station 6+00.46 that exceeds the maximum 5.0% profile slope stipulated on note 8 of the
General Notes on Sheet 2 of the plans . The contractor shall ensure that the finished profile
grade is no larger than 5.0% per note on Sheet 2 of the plans. To ensure that the profile is no
larger than 5.0% the contractor shall provide the Office of the City Engineer for the City of Cape
Girardeau construction staking points from their contracted surveyor to indicate that the
constructed slope shall not exceed the maximum 5.0% profile slope.
SUBJECT: Asphalt Lifts.
The Contractor shall place the asphalt in one lift to achieve the thickness and density
requirements of the plans and specifications.
SUBJECT: Information available to Bidders.
Section 1.5 — NON-MODOT APPROVED CONTRACTOR ALLOWED STATEMENT shall
read: Section 102.2 of the Missouri Standard Specification for Highway Construction, 2004
edition shall not be waived for this project.
SUBJECT: Updated Federal Walze Determination
The enclosed GENERAL DECISION: M020080001 02/05/2010 is replacing the GENERAL
DECISION: M02008001 12/04/2009 included in the specifications book. The update has
twenty-nine pages and is being sent in the certified mailed copy of this Addendum but is not
being faxed.
This addendum must be signed and attached to your Bid Documents.
_�� 6cla�
1'.Wli)'
SN
ENG
Dominic Thompson, P.E.
Project Engineer
Date 3 ci I a- o t o
ANTI -COLLUSION STATEMENT
STATE OF MISSOURI
COUNTY OFC i (af dew
says that he
Title of Person Signing
being first duly sworn, deposes and
LCI
Name of Bidder
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 otherwise 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 /X AameS wi
By
Sworn to before me this day of C o?D / D
Nota�Pubhc
My Commission Expires O �D
DeRenda Montgomery
Notary Public - Notary Seal
State of Missouri
Cape Girardeau County
MY COMmission Expires March 30, 2013
. .._ . _. Comm, o#_097 3 49
WA MV
''116Ah-verify-
S .
E- -rFY ZS A SR-ICE CF pH,
Company ID Number: 202708
THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and JW Transport LLC (Employer) regarding the
Employer's participation in the Employment Eligibility Verification Program (E -Verify). This MOU
explains certain features of the E -Verify program and enumerates specific responsibilities of
DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -
Verify is used to verify the employment eligibility of all newly hired employees and all existing
employees assigned to Federal contracts.
Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E -Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E -Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E -Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E -Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
-E -Verify..
II�iDI
z-4 xx-�' xs z seRVo.vxca OF nxs
Company ID Number: 202708
To be accepted as a participant in E -Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E -Verify at 888-464-4218.
Employe` JW Transport LLC
James Wills
Name (Piease Type or Print)
Oectronicagy ' ed 04/01/2009
Signature Date —�
Department of Homeland Security — Verification Division
USCIS Verification Division
Name (Please Type or Print) --- -
E/ectrwiica/iy Sf7ned _
Signature
04101 r2009
Date
� In iff
SQ2
rmfy,
Company ID Number. 202708
Information Required for the E -Verify Program
Information relating to your Company:
Company Name. jW Transport LLC
Company Faciflity Address: 190 Paiute Lane
Cape-Gira-rdeau, MO 63701
Company Alternate
County or Parish: CAPE GIRARDEAU
Employer Identificaflog
I tqur
nber: 205149229
North Arnerican Industry
classification Systems
Code: 484
Parent cornpany-
Number of Employees: 10 to 19
Number of Sites Vern"ed
for: i
Are you verifying for more than I site? If yes, please provide the number of sites verified for in
each State:
0 MISSOURI 1 sfte(s)
E-Verify.
Cr S VSRIiY i5 A SERVICE DES
Company ID Number: 202708
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name: Ellie J Rushing
Telephone Number: (573) 651 - 4627 Fax Number. (573) 651 - 4627
E-mail Address: eIJ219@hotmail.com
�a_19
Project Number
Certification Regarding
Debarment, Suspension and Other Responsibility Matters
The contractor hereby certifies to the best of its knowledge and belief and that it and its principals
and its subcontractors and their principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal or State department or agency;
(b) Have not within a three (3) year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State or
Local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this subcontract had one or more public
transactions (Federal, State or Local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this
contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false
statement may result in a fine of up to $ 10,000 or imprisonment for up to five (5) years or
both.
Typed Name & Title of Authorized Representative
,1)
of Authorized Representative
�kdm)t&
Date
❑ ' I am unable to certify to the above statement. My explanation is attached.
EXHIBIT
AFFIDAVIT OF OSHA TR.AINIIV
COMES NOW (Namjmr" u 1- a (Office Held) R[. L V vCJS
of (Company Name/Contractor) V V ���(��� Lill nan, d first being duly sworn, on
l.(
my oath, affirm in connection with the contracted services related to oe-c- I on j j le is ,U nuor l
&L �l, � (Project Name) for the duration of the contract, as follows:
1. Contractor shall provide a ten (10) hour Occupational Safety and Health
Administration (OSHA) construction safety program for all employees who will be on-site at the
Project. The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of Labor and
Industrial Relations which is at least as stringent as an approved OSHA program as required by
Section 292.675, RSMo.
2. Contractor shall require its on-site employees to complete a construction safety
program within sixty (60) days after the date work on the Project commences, as required by Section
292.675, RSMo.
3. Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site without documentation of the successful completion of a construction safety
program shall be required to produce such documentation within twenty (20) days, or will be subject
to removal from the Project.
4. Contractor shall require all of its Subcontractors to comply with the requirements of
Section 292.675, RSMo.
5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall
forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars
($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar
day, or portion thereof, such on-site employee is employed without the construction safety training
required in Section 292.675, RSMo.
6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition
of the penalties described therein shall be investigated and determined by the Missouri Department
of Labor and Industrial Relations.
7. Contractor acknowledges that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred
and that a penalty shall be assessed, the City shall withhold and retain all sutras and amounts due and
owing when making payments to Contractor under this Contract.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
Ju -nmwa�
(name of corporat0n)
B `X
Y�
1(n e of officer of corporation and title)
am-" h. W t l ��
ATTEST:
Secreta (or other f cer)
L«kckak9
(SEAL OF CORPORATION)
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this -day of Q,L , 20k, before me appeared,� W
to me ersonally known, who, being by me duly sworn, did say that he/she is the i�/�'Cl AW
of, a Missouri Corporation, and that the seal affixed to the
foregoing instrument is the seal of said Corporation, and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missouri, the day TdT=fArst abov written.
tart' P&lic
My Commission Expires:
jeftenda Montgo-ery
ill O /atary Public - Notary Seal
hate of Missoun
-ape Girardeau County
rmission Expires March 30, 2013
5�
Y� 'h
4J: E
EXHIBIT
F AFFIDAVIT OF WORK AUT HORIZATION
COMES NOW (Name) k tAy) I as (Office Held)
+ _LVLL,IVt I�xa
Company Name/Contractor) and first being duly sworn, on
my oath, affirm as follows:
1. (Company Name/Contractor) V V Tr ( LL�L
is enrolled and will continue to participate in a federal work authorization program in respect to
employees that will work in connection with the contracted services related to (Project Name) rap
1
U-1 L Imo! u I Y+Y i ff I" (_1 U(it for the duration of the contract in accordance with RSMo
Chapter 285.530(2).
2. I also affirm that (Company Name/Contractor) UV ri Sir l� does
not and will not knowingly employ a person who is an unauthorized alien in connection with the
contract services related to (Project Name) l lit_ �h H( ",) p(h1 ILT(a for
the duration of the contract.
3. Attached hereto is documentation affirming Contractor's enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
IN
ATTEST:
Secretary o fficer)
L. J(qr
l
(SEAL OF CORPORATION)
,� USI u(' )1/
(name of CSU ti )
of o ficer of corporation anal title)
Juin k, M M
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU
On this day of Y 20h9, before me appeared
tome personall know who, being by me duly sworn, did say that he/she is the P A
of , a Missouri Corporation, and that the seal affixed to the
foregoing ins ent is the seal of said Corporation, and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missouri, the day and year first above written.
Notar4Pblic
My Commission Expires:
DeRenda Montgomery
Notary Public - Notary Sea!
State of Missouri
Cape Girardeau County
My Commission Expires March 30, 2013
,,,,f,. m, ,_ �ornmission � 0971384
DBE Submittal Forms
5 DBE Submittal Forms: This form must be submitted by 4 p.m. three (3) business days after bid opening.
(A) DBE Contract Goal: By submitting this bid, the bidder certifies that the bidder is familiar
with the DBE Program Requirements in this contract, The contract DBE goal for the amount of work to
be awarded is o Q >>% of the total federal project price.
(B) DBE Participation: The bidder certifies that it will utilize DBE's as follows:
0 % OF TOTAL FEDERAL CONTRACT
NOTE: Bidder must fill in the above blank. If a percentage equal to or exceeding the
contract goal is specified, then the contract DBE goal becomes legally enforceable. If a
percentage below the contract goal is specified, then the bidder must submit complete
documentation of good faith efforts to meet the DBE contract goal, immediately below.
(C) Certification of Good Faith Efforts to Obtain DBE Participation: By submitting its
signed bid, the bidder certifies under penalty of perjury and other provisions of law, that the bidder
took each of the following steps to try to obtain sufficient DBE participation to achieve the
Commission's proposed DBE Contract Goal: (Attach additional sheets if necessary).
1 of 3
DBE Submittal Forms
Identification of Participating DBEs: The information shown on this page must be completed. If this page is submitted but not signed, it will
not be cause for rejection. The apparent low and second low bidder must file this form with the
by 4:00 p.m. on the third working day after the bid opening. Fax or email
transmittal is permitted. The fax number is and the email address for submittal is
original copy must be mailed by overnight mail to the ThLocal Public Agency the day of the FAX or email transmittal. Contact External C viol
Rights at (573) 751-7801 for questions or assistance in completion. (Note: Submittal of this form is not required if the Contract DBE Goal is
0%)
The undersigned submits the following list of DBEs to be used in accomplishing the work of this contract. The work, supplies or services,
applicable value and percent of total federal contract each DBE is to perform or furnish is as follows:
(A)
DBE Name& Address
1.
(
Bid Item numbers
(Or Line numbers)
$ Value of DBE of Work "'
(Unit Price x Quantity of
each item in B, or Lump Sum)
(D) (E)
% Of $ Value $ Amount Applicable to
Applicable to DBE DBE Goal for each
Goal - item
(100%,60%)
CxD
(F)
% Of Total Contract
Amount for each item
(E/Total Contract Amount)
Total
Total
Total
2.
Total
Total
Total
3.
Total
Total
Total
4.
Total
Tota(
Total
Total DBE Participation
-..�••�..� ....w..� w�nlq�� qII uUIIt lul ylven Il6'm Of WOnt.
2 of 3
rifts are leased from non-
"
t'- Brokered Services
Totals (Page 1)
Totals (Page 2)
"Totals (additional pages if
needed) It I��
Total DBE Participation
** Cannot exceed contract amount for given item of work.
Co
By:
mpan COLLS Date:
Title: t a � ell"
(A n eo ILr we US
3 of 3
tt) (F)
$ Amount Applicable to % Of Total Contract
DBE Goal for each Amount for each item
item
(C x D) (E/Total Contract
Only Include Fees for
Trucking Services
Only Include Fees for
Brokered Services
DBE Submittal Forms
(A) (B)
L' Address Bid Item
$ Value of DBE of Work
% Of $ Value
numbers
Applicable to DBE
Goal **
(Unit Price x Quantity of
each item in B, or Lump
(100%,60%)
Sum
Services
:sad ifthe DBE owns
100%
€k -s or is leasing from
5rm
rifts are leased from non-
"
t'- Brokered Services
Totals (Page 1)
Totals (Page 2)
"Totals (additional pages if
needed) It I��
Total DBE Participation
** Cannot exceed contract amount for given item of work.
Co
By:
mpan COLLS Date:
Title: t a � ell"
(A n eo ILr we US
3 of 3
tt) (F)
$ Amount Applicable to % Of Total Contract
DBE Goal for each Amount for each item
item
(C x D) (E/Total Contract
Only Include Fees for
Trucking Services
Only Include Fees for
Brokered Services
SUBCONTRACTOR CERTIFICATION REGARDING AFFIRMATIVE ACTION
Project: Cane Girardeau North Park Trail
Job No. 107064
Route:
County: Cape Girardeau
Certification Regarding Affirmative Action and Equal Opportunity: The bidder
(prospective prime contractor),or proposed subcontractor certifies:
Affirmative Action Program: That it has developed and has on file at each
ofits establishments affiiniative action programs pursuant to 41 CFR Part
60-2.
2. Equal Opportunity Clause: That it has participated in a previous contract
or subcontract subject to the equal opportunity clause set forth in 41 CFR
Part 69-1.4 and executive order no. 11246.
3. Compliance Reports: That it has filed with the Joint Reporting
Committee, the Director of the Office of Federal Contract Compliance
Programs and his designate, or the Equal Employment Opportunity
Commission, all reports due under the applicable filing requirements
contained in 41 CFR Part 60-1.
If the text of the certification above is incorrect, the bidder or subcontractor making the
certification shall correct it below:
NOTE: This certification applies to and must be executed by each bidder (prospective prime
contractor) or proposed subcontractor if its proposed contract or subcontract on this project will
equal or exceed $10,000 or that contractor or subcontractor has contracts or subcontracts on
federally assisted projects in any 12 -month period which have or can reasonably be expected to
have, an aggregate total value exceeding $10,000 41 CFR Part 60-1.5(a)(1). It is a duty and
contract obligation of the prime contractor to insure that each of its subcontractors, which meet
this criterion, executes and submits to the commission this certification also.
J IN -Trm s toorIt-
Com any I
By:
�• J
Date:
Title
FIG. X — 5
Revised 03-01-02
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID NB
JWTRANI
DATE(MM(DDYYY)
0IY4/20/10
PRODUCER
W. E. WALKER -LA Y-NAN
117 SOUTH BROADVIEW
P 0 BOX 733
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CAPE GIRARDEAU MO 63702-0733
NSR
Phone:573-335-3307 Fax:573-335-5844
INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURER A' ACUITY
LIMITS
INSURER B
J.W. Transport, LLC
INSURER
190 Paiute Lane
Cape Girardeau MO 63701
INSURER
INSURER E:
EACH OCCURRENCE $ 1,000,000
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS"
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE (MMIDD/YY)
DATE (MWDDIYY)
LIMITS
GEtJERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
A
X
X COMMERCIAL GENERAL LIABILITY
L95798
11/19/09
11/19/10
PRE0.9SES(Eaoccurence) $ 100,000
CLAIMS MADE FX] OCCUR
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1, 0 0 0, Q 0 Q
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP/OP AGG $2,000,000
POLICY PJECTRO LOC
AUTOMOBILE
LIABILITY
X
ANY AUTO
COMBINED
(Ea accdentSINGLE LIMIT
c $ 1,000,000
ALL OWNED AUTOS
A
X
SCHEDULED AUTOS
L95798
11/19/09
11/19/10
BODILY INJURY
(Per person) $
X
HIRED AUTOS
BODILY INJURY $
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE $ 2,000,000
A
X OCCUR F-1 CLAIMS MADE
L95798
11/19/09
11/19/10
AGGREGATE $
DEDUCTIBLE
X RETENTION $ NIL
$
WORKERS COMPENSATION ANDb
-
TORY LIMITS ER
A
EMP LOYERS'UABILITY
ANY PROPRIETOR/PARTNERlEXECUTIVE
L95798
11/19/09
11/19/10
E.L. EACH ACCIDENT $500 000
i
OFFICER/MEMBEREXCLUDED?
E.L. DISEASE -EA EMPLOYEE $SQO,000
If yes, describe under
E . DISEASE - POLICY LIMIT $500,000
SPECIAL PROVISIONS below
OTHER
A
Owner's Protective
TBA
04/21/10
04/21/11
OCP $248,900
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Additional Insured status has been added to current policy with respect
to General Liability and Commmercial Auto in favor of City of Cape
Girardeau, Missouri Highways And Transportation Commission, and S.H. Smith &
Company Engineers.
30 -Day Notice of Cancellation may not apply for non-payment of premium.
CERTIFICATE HOLDER CANCELLATION
CITYCAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA14CELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
CITY OF CAPE CiIRARDEAU NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
401 INDEPENDENCE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
CAPE GIRARDEAU MO 63702-0617 REPRESENTATIVES.
n v 4a Icvv. u / U ACUKU CUK HUKATIUN 1988
I
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001708)
NO COVERAGE AFFORDED by the General Liability Policy for operations
involving "blasting" or "explosion".
ODl
Western Surety Company
PERFORMANCE BOND
Bond Number: 70913465
KNOW ALL PERSONS BY THESE PRESENTS, That we J W Transport, LLC
190 Paiute Ln., Cape Girardeau, MO 63701
referred to as the Principal, and
as Surety, are held and firmly bound unto cit
Western Surety Company
of Cape Girardeau
of
, hereinafter
Of 401 Independence St., Cape Girardeau, MO 63701-6244 , hereinafter
Two Hundred Forty -Eight Thousand Nine Hundred and
referred to as the Obligee, in the sum of 00/100
Dollars ($ 248, 900. 00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the �� day of Apr,
x010 , forF,xtPnsi on of Cape La Croix Walk Trai 1 - Lexi nclton Ave. To Conservation
Nature Trail, Cape Grardeau, MO
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction
in the location in which the work or part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this a I day of Apr;
Form F4597
.T Tn7 Tranennrt _ T.T.(7
13
Western Surety Company
PAYMENT BOND
Bond Number: 70913465
KNOWALL PERSONS BY THESE PRESENTS, That we J W Transport, LLC
190 Paiute Ln., Cape Girardeau, MO 63701
referred to as the Principal, and western Surety Compan
as Surety, are held and firmly bound unto city of Cape Girardeau
of
, hereinafter
of 401 Independence St., Cape Girardeau MO 63701-6244 ,hereinafter
Two Hundred Forty -Eight Thousand Nine Hundred and
referred to as the Obligee, in the sum of o0/100
Dollars ($ 248, 900. 00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated a, day of Ap—r I
aolo ,for Extension of Cape La Croix Walk Trail- Lexington Ave To Conservation
Nature Trail, Cape Grardeau, MO
copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it
being understood, however, that if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to
the minimum period of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this a ( day of APS 1 o2Gl D
J W Trpnsport, LLC
(Principal)
By 7L -
ern Sur
DOUGLAS EDWARD MUELLER
a y:
i r
ACKNOWLEDGMENT OF SURETY
STATE OF Missouri (Attorney-iin-Fact) Bond No. 70913465
COLJNTY OF Cape Girardeau ss
On this O� (S'r day of before me, a notary public in
and for said County, personally appeared DOUGLAS EDWARD MUELLER
to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SLTRETY COMPANY,
a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said DOUGLAS EDWARD MUELLER
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
Cape Girardeau Missouri , the day and year last above written.
My commission expires
Form 106-4-2000
DeRenda Montgomery
Notary Public - Notary Seai
State of Missouri
Cape Girardeau County
My Commission Expires March 30, 2013
�n , DOn�syo 1 —0 921 u9
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 70913465
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint DOUGLAS EDWARD MUELLER
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: J W Transport, LLC
Obligee: City of Cape Girardeau
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of November 30
2010 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these pre s is to b signed by its Senior Viegf ,President, Paul T. Bruflat,
and its corpgg",§mal to be affixed this ( day of / Prl _ a Q 1( J
=--= WEST R SURE COMPANY
F
Paul T. Brufla Senior Vice President
ST �_4F,UQL_J,TI�° TA
-- __ ss
COUNTVQ�_'__M'_;s_?y AHAAgA
On this -u- 1 day of��� in the year before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
} 4tibti'e41tihh4�+i4titi4titi•o4Vtiti +
d D. KRELL +A 17 19
r NOTARY PUBLIC
L SEAL Notary Public -South Dakota
a SOUTH DAKOTA r
�'444444h444 ♦ti44 bb44b�.btib f
My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
tteeesstt' ny whereof, Ihavve 1 e�eunto set my hand and seal of Western Surety Company this
Form F5306-9-2006
ai
day of
WEST R/ �SURE COMPANY
Paul T. BruflaVSenior Vice President
CHANGE ORDER
Change Order No. 1
Sheet No. 1 of I City Cape Girardeau, MO
Project STP 1500 (014)
To: J. W. Transport, LLC
You are hereby directed to make the following changes froin the contract:
1. Description and Reason for Change: (Attach Supplemental Sheets if Required)
Line Item #20 J W Transport employees were cutting the trail to subgrade elevation starting at the connection to Pine Hill Spur. During a routine check of the
subgrade it was determined that the plan subgrade elevation of the trail as it ties into Pine Hill Spur was much too low. This required a field deviation from the plans.
The City gave JW Transport direction to raise the top of slab grade to better match the existing field conditions. The City feels that J W Transport should be
reimbursed for the fill needed to raise the trail, since they cut grade per design. J W had only worked an area 50' long, see below for quantity of fill needed. Line Item
#21 Due to plan omission J W Transport will need to install two sections of 24" RCP and a concrete collar to an existing overflow pipe. The property behind World
of Honda has two detention basins. There is an overflow pipe that discharges underneath the trail at approximate station 8+00 that was not shown on the plans. This
existing pipe is a 20+" steel casing. J W Transport will slide the 24" RCP over the steel casing and install a concrete collar. The 24" RCP will be added to the final
quantity of line item 12.
2. Estimate of Cost of Work Affected by this Change
Order:
(A) (B) (C)
ADD CONTRACT
ITEM ITEM ITEM DESCRIPTION
NO. NO.
(D)
UNITS
PREVIOUSLY
PROVIDED
FOR
(E)
UNITS
TO BE
CONSTRUCTED
(F)
UNITS
OVERRUN,
UNDERRUN,
CONTINGENT
(G)
CONTRACT
OR AGREED
UNIT PRICE
(H)
AMOUNT
OF OVERRUN
OR PLUS
CONTINGENT
(I)
AMOUNT
OF UNDERRUN
OR MINUS
CONTINGENT
20 Fill
0
26.35
26.35
$ 13.00
$ 342.55
211 1 Concrete Collar
1 0
1 1
I
$268.801
$ 268.80
TOTALS
$ 611.35
3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted:
1. CONTRACT AMOUNT
2. OVERRUN THIS ORDER
3. OVERRUN PREVIOUS
4. TOTAL OVERRUN TO BATE
5. TOTAL
ENGINEERING
$ 611.35
City Engineer
$61
$ 249,51
CITY OF CAPE GIRARDEAU,)G10, Sett Meyer, City Manager
MO DEPARTM
PORTATION APPROVAL
Terms of Settlement outlined above are hereby agreed to
J"-- --�'
(
[Corporate Officer Must Sign] X�z
fJ
Bate
DATE
DATE
DATE fr
Cape North Park Trail Change Order # I Page I of
e"z a5 z I
mO c)O ■ Southeast District
2675 North Main Street
Missouri F.O. Box 160
Sikeston, MO 63801
Department (573) 472-5333
Fax (573) 472-5342
o f Transportation Toll free 1-888 ASK MoDOT
www. modot. orq
Mark Shelton, District Engineer
July 16, 2010 1
JUL i10
BY:
Ms. Kelly Green, City Engineer
City of Cape Girardeau
P.O. Box 617
401 Independence Street
Cape Girardeau, MO 63701
RE: City of Cape Girardeau
North Park Trail Project
Transportation and Enhancement Program
Project No. STP -1500(014)
Dear Ms. Green:
Enclosed is a copy of the Change Order No. 1 for your files on the above referenced project.
Please be advised that additional funds will be obligated at the end of the project.
Should you have any questions, please feel free to contact Dave Luther, Construction Inspector
at (573) 472-5291.
Sinc ,
Jo S y tiL�
Senior Office Assistant
cc: Dave Luther, MoDOT
Our mission is to provide a world-class transportation experience that delights our customers and promotes a prosperous Missouri.
CHANGE ORDER
Sheet No. 1 of 1
To: J. W. Transport, LLC
You are hereby directed to make the following changes from the contract:
cpIVp '
AUG 2 5 2010
D10 pL'4pVt'41 C
Change Order No. 2
City Cape Girardeau, MO
Project STP 1500 (014)
1. Description and Reason for Change: (Attach Supplemental Sheets if Required)
Line Item #12 -The City added two (2) 40 LF runs of 24" RCP near station 10+00. These pipes were added to address storm water from the adjacent
subdivision. Storm water collects and discharges through a narrow ditch causing erosion concerns for the trail. This subdivision site grading was
performed after the plans for the trail were designed. The City also added 16 LF to an existing detention basin overflow pipe that discharged underneath
the trail. The overflow pipe was not addressed in the plans. This pipe also required a concrete collar that was included in Change Order 1. The 24" RCP
at Segment 2 Station 0+63 was extended 6 LF per run to better accommodate the existing field conditions. Line Item # 15 - Near station I 1+00 Cape
LaCroix Creek makes a sharp bend that has been severally eroding. Type 2 rock blanket was added up and down stream at the pipe placed at Sta. 10+00
and 29+50. Line Item 922 - The Contractor encountered unsuitable sub -grade at Sta. 1+25 to 1+90 in Segment 2, and raised the sub -grade of the creek
bed at 0+50 and 2+00. Line Item #23 - The sub -grade began to pump while trying to place base rock. The City advised the Contractor to over excavate th(
compacted 2" clean rock.
2. Estimate of Cost of Work Affected by this Change Order:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(1)
ADD
CONTRACT
UNITS
UNITS
UNITS
CONTRACT
AMOUNT
AMOUNT
ITEM
ITEM
ITEM DESCRIPTION
PREVIOUSLY
TO BE
OVERRUN,
OR AGREED
OF OVERRUN
F UNDERRUI
NO.
NO,
PROVIDED
CONSTRUCTED
UNDERRUN,
UNIT PRICE
OR PLUS
OR MINUS
FOR
CONTINGENT
CONTINGENT
ONTrNGENI
12
24" Reinforced Concrete Pie
180.00
288.00
108.00
$ 30.00
$ 3,240.00
15
Type 2 Rock Blanket
260.00
426.00
166.00
$ 6.00
$ 996.00
Compacted Fill at Sta. 1+25 to
22
1+90 and Sta. 0+50 to 2+00
0.00
39.55
39.55
$ 13.00
$ 514.15
Compacted Fill at Sta. 0+00 to
23
0+50 LS
0.00
1.00 1
1.00
$ 236.04
$ 236.04
TOTALS
$ 4,986.19
3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted:
4. Extension of Contract Time: Add Thirty (30) Calendar Days for Substantial Completion and Thirty (30) Days for Final Completion
1. CONTRACT AMOUNT
2. OVERRUN THIS ORDER
3. OVERRUN PREVIOUS
4. TOTAL OVERRUN TO DATE
5. TOTAL
$ 4,986.19
$ 611.35
S 248,9oo.00ll rhe Terms of Settlement outlined above are hereby agreed to
$ 254,497.5411' W Tmny(b f LLC
- W Wt��
MO DEPARTM T OF TRANSPORTATION APPROVAL
Cape North Park 7rad Change Order 3 I
J -A
[Corporate Officer Must Sign)
Igo I o
Date
(tom --leo
DATE
Z 3 -
DATE
Rim 10-)
DATE
Page I n/ I
CHANGE ORDER
Sheet No. 1 of 1
To: J. W. Transport, LLC
You are hereby directed to make the following changes from the contract:
Change Order No. 1
City Cape Girardeau, MO
Project STP 1500 (014)
1. Description and Reason for Change: (Attach Supplemental Sheets if Required)
Line Item #20 J W Transport employees were cutting the trail to subgrade elevation starting at the connection to Pine Hill Spur. During a routine check of the
subgrade it was determined that the plan subgrade elevation of the trail as it ties into Pine Hill Spur was much too low. This required a field deviation from the plans.
The City gave JW Transport direction to raise the top of slab grade to better match the existing field conditions. The City feels that J W Transport should be
reimbursed for the fill needed to raise the trail, since they cut grade per design. J W had only worked an area 50' long, see below for quantity of fill needed. Line Item
#21 Due to plan omission J W Transport will need to install two sections of 24" RCP and a concrete collar to an existing overflow pipe. The property behind World
of Honda has two detention basins. There is an overflow pipe that discharges underneath the trail at approximate station 8+00 that was not shown on the plans. This
existing pipe is a 20+" steel casing. J W Transport will slide the 24" RCP over the steel casing and install a concrete collar. The 24" RCP will be added to the final
quantity of line item 12.
z. Estimate of Cost of Work Affected by
this Chane
Order:
(A)
ADD
ITEM
NO.
(B) (C)
CONTRACT
ITEM ITEM DESCRIPTION
NO.
(D)
UNITS
PREVIOUSLY
PROVIDED
FOR
(E)
UNITS
TO BE
CONSTRUCTED
(F)
UNITS
OVERRUN,
UNDERRUN,
CONTINGENT
(G)
CONTRACT
OR AGREED
UNIT PRICE
(H)
AMOUNT
OF OVERRUN
OR PLUS
CONTINGENT
(I)
AMOUNT
OF UNDERRUN
OR MINUS
CONTINGENT
20
Fill
0
26.35
26.35
$ 13.00
$ 342.55
21
Concrete Collar
0
1
1
$ 268.80
$ 268.80
TOTALS
$ 611.35
3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted:
1. CONTRACT AMOUNT
2. OVERRUN THIS ORDER
3. OVERRUN PREVIOUS
4. TOTAL OVERRUN TO DATE
5. TOTAL
$ 611.35
Terms of Settlement outlined above are hereby agreed to
S611.3511b
S249 , 511.35 J VV Trypo LLC [Corporate Officer Must
DEPARTMENT OF TRANSPORTATION APPROVAL
(-0�3-0110
DATE
2�/2Zfe
DATE
DATE
Cape North Park Trail Change Order # I Page I of]