NAYLOR DRAINAGE DISTRICT OF MISSOURI

INVITATION FOR BIDS

(Removal of Sediment/Spoil Spreading Ditch 1 and Ditch 2)

Sealed bids for the excavation of sediment and spreading spoil of

Ditch 1 and Ditch 2 will be received by the Board of Supervisors of the

Naylor Drainage District of Missouri at the office of the attorney for

the District, Christopher L. Yarbro, 1165 Cherry Street, Poplar Bluff,

MO 63901, until the 7th day of September, 2018, at 4:00 P.M.

Bids will be publicly opened and read at a meeting of the Board of

Supervisors to be held at 6:00 P.M. on the same date at Route 61, Box

3629, Naylor, MO 63953.

General Plan for Ditch 1 and 2, General Conditions and

Specifications, Construction and Material Specifications, Instructions

to Bidders and Bid Forms are available from Christopher L. Yarbro, at

the above-stated address.

Naylor Drainage District reserves the right to reject any and all

bids, to select the lowest or best bid and to waive informalities in the

bidding.

NAYLOR DRAINAGE DISTRICT OF MISSOURI

Naylor Drainage District

INSTRUCTIONS TO BIDDERS (Removal of Sediment/Spoil Spreading Ditch 1 and Ditch 2)

1. Plans and Specifications and other contract documents

pursuant to which the work is to be done may be obtained at the

office of Christopher L. Yarbro, Attorney at Law, 1165 Cherry St.,

Poplar Bluff, Missouri.

2. Each bidder must have equipment available which, in the

opinion of the Drainage District, is adequate to complete the work

under the specifications and the time allowed for completion; i.e.

equipment capable of removing existing sediment/spoil spreading

(Ditch 1: 77,078 CY) (Ditch 2: 56,988 CY), as specified in the

attached general conditions and specifications, general plan for

Naylor Drainage District Ditch 1 and Ditch 2, and the construction

and material specifications, as attached hereto and incorporated

by reference.

3. Before submitting proposals, each bidder shall carefully

examine the drawings and specifications and all related contract

documents, visit the site of the work and fully inform himself or

herself as to all existing conditions, facilities, restrictions,

and other matters which can affect the work or the costs thereof.

Information derived from the specifications or from the Drainage

District shall not relieve the bidder of this responsibility.

4. Bids must be accompanied by either a cashier's check

acceptable and payable without condition in the amount of One

Thousand Dollars ($1,000.00), or a bid bond executed by a

satisfactory surety in that amount. All cashier's checks shall be

made payable to the Naylor Drainage District of Missouri

5. The amount of any check or bond of the lowest and best

bidder will be retained by the Drainage District as liquidated

damages in the event the bidder neglects or refuses to enter into

a contract and/or to furnish the required bond within fifteen (15)

days after said Contract is presented for signatures. The bid

security of all other bidders will be returned to them immediately

after a Contract has been executed.

6. Proposals shall be strictly in accordance with

prescribed forms furnished. Any modifications or deviation

therefrom may be considered sufficient cause for rejection.

7. The bidder shall state in words and figures the lump sum

price on the attached bid form for excavating and spoil spreading

each individually below listed District Ditch(i.e. a bid price for

each individual ditch a prospective contractor wishes to bid).

Bids should reflect contractor’s price excavating and spreading

spoil in accordance with the plans and specifications, from the

beginning to the end, of each ditch; for which he/she proposes to

do all work covered by the proposal. Said lump sum is for the

furnishing of all materials and equipment required to be furnished

in performing all work required under these contract documents.

Each bid should provide a separate price for each of the following

ditches, on the attached Bid Sheet, that bidder wishes to submit

upon:

A)Ditch 1

B)Ditch 2

SEE ATTACHED MAP OF DITCHES.

Bidders are invited to submit bids for any, one or both of the

above listed ditches, with each bid itemizing the total amount for

the work called for in the plans and specifications of each

individual ditch. For example, if a prospective bidder wishes to

bid for work on two ditches, a separate bid amount for each ditch

should be submitted. The bidder should not submit a lump sum to

do work for both ditches.

8. The proposal must be signed in writing by an individual

or individuals authorized to bind the bidder.

9. Each bid must be submitted in a sealed envelope addressed

to the Drainage District and clearly marked on the outside of the

envelope "PROPOSAL FOR REMOVAL OF SEDIMENT/SPOIL SPREADING DITCH

1" or “PROPOSAL FOR REMOVAL OF SEDIMENT/SPOIL SPREADING DITCH 2”

or “PROPOSAL FOR REMOVAL OF SEDIMENT/SPOIL SPREADING DITCH 1 AND

DITCH 2”.

10. No modification of bids already submitted will be

considered unless such modifications are received prior to the

hours for opening said bids.

11. In addition to the Bid Bond and Performance Bond, all

bidders must provide proof of other applicable insurance,

including but not limited to, Public Liability Insurance, Workers'

Compensation Insurance, and Property Damage Insurance, in an

amount sufficient to hold the Drainage District harmless, from any

and all acts of bidders, their agents, or employees.

12. Contracts may be awarded to the bidder submitting the

lowest or best bid for each listed ditch, considering the

contractor's experience and ability to do the work, the equipment

he proposes to furnish for said work, and the combination of bid

price per ditch. The Drainage District reserves the right to

withhold an award of a contract for any and all ditch for which it

receives bids. The Drainage District further reserves the right

to reject any and all bids at its discretion.

BID FORM

(Removal of Sediment/Spoil Spreading Ditch 1 and/or Ditch 2)

Proposal of (Doing business as a corporation/ a partnership/ an individual--indicate which)

(Hereinafter called "Bidder")

To: The Naylor Drainage District of Missouri. (Hereinafter called "Owner")

Gentlemen:

The Bidder, in compliance with your invitation for bids for Removal of Sediment/Spoil Spreading having examined the General Plan Ditch 1 and/or Ditch 2, General Conditions and Specifications, Construction and Material Specifications, Instruction to Bidders (“Contract Documents”) and being familiar with the proposed project and legal requirements imposed within the Contract Documents, hereby proposes to undertake and finish the work at the prices stated below. These prices are to cover all expenses incurred in performing the work required.

BID PRICE: DITCH 1 _______________________________________________________ ($___________)

BID PRICE: DITCH 2_______________________________________________________ ($___________)

Bidder agrees that the Work will be substantially complete and ready for final payment in accordance with the Contract Document on or before the date indicated in the same.

The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder also understands that the Owner reserves the right to increase or decrease the amounts and type of work to be done. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, the Bidder will execute a formal contract incorporating the Contract Documents within fifteen (15) days and deliver a Surety Bond or Bonds as required by the Contract Documents. The bid security attached in the sum of One Thousand and No/100 Dollars ($1,000.00) is to be immediately forfeited to the Owner, in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused t hereby.

Respectfully submitted,

Bidder: _____________________________

Signature: ___________________________

Title: ________________________________

-1- Naylor Drainage District

GENERAL CONDITIONS AND SPECIFICATIONS

(Removal of Sediment/Spoil Spreading Ditch 1 and Ditch 2)

1. The work within these contract documents consists of

furnishing all tools, labor, equipment, materials, and supplies

required to be furnished to complete performance of the work set

forth in the following paragraphs.

2. The work shall consist of excavating sediment and

spreading of spoil, and all other work as called for in the

attached plans and specifications of the listed District Ditches

(see plans and specifications), at the direction of the Board of

Supervisors.

3. Care shall be taken not to damage crops, structures or

timber not caused to be removed under this Contract. The

Contractor shall accept full responsibility for damage claims

brought about by the cleaning operations. Care shall also be taken

in cleaning adjacent to side drains and pipes and any damage to

the same shall be the responsibility of the Contractor. Where

side drains, pipes or depressions exist, care shall be taken in

leaving said drains in such a manner that surface water shall have

free access to said ditches. Contractor shall take care not to

damage, destroy, or in any way adversely affect the stability of

any bridge on any public road, street, thoroughfare, highway or

public utilities.

4. The Contractor shall give five (5) days notice to owner

of land adjacent to the ditches to remove private bridges, drains,

fences or other obstructions within the right-of-way limits. If

the owner does not remove the same, the Contractor shall remove

the same, exercising all reasonable care in said removal. However,

-2- neither the Contractor nor the Drainage District will be held

liable for damages to same.

5. As used in the contract documents, the following terms

shall have the meanings and refer to the parties designated in

these definitions:

(a) "Owner", "Contracting Authority", or "Drainage

District" shall mean Naylor Drainage District.

(b) "Contractor" shall mean the individual,

partnership, corporation or other legal entity that has entered

into the Contract with the contracting authority to perform the

work specified.

(c) "Work" shall mean the furnishing of all necessary

tools, labor, equipment, materials, and supplies required to be

furnished by the Contractor under these specifications.

(d) "Contract Documents" shall mean all the documents

covering this project, including but not limited to, the

advertisement for bids, the bid proposal, the bonds, the

instructions to bidders, general conditions and specifications and

the Contract.

6. All work shall be done in conformance with the laws of

the State of Missouri and any subdivision thereof, and all

applicable Federal laws and regulations.

7. In the event the Contractor shall subcontract for any

part of the work, Contractor shall submit to the Drainage District

in writing the names of any subcontractors he proposes and a copy

of the Contract entered into between the Contractor and the

subcontractor. The Contractor shall be held fully responsible for

the acts and omissions of its subcontractors and nothing contained

herein shall create any contractual relationship between

subcontractor and the Drainage District.

-3- 8. Contractor agrees that he has viewed the premises which

are the subject matter of the Contract and is aware of the nature

and location of the work, the configuration and character of the

land, the quality and quantity of materials to be encountered and

the type of equipment and facilities needed to carry out the work

and all other matters which can in any way affect the work under

this Contract. No verbal agreement or conversation with any

officer, agent or employee of the Drainage District, either before

or after execution of this Contract, shall affect or modify any of

the terms or obligations herein.

9. Concurrently with the execution of the Contract, the

Contractor shall furnish a good and sufficient Surety Bond in the

amount of 100% of the Contract sum, guaranteeing the faithful

performance of all covenants, stipulations and agreements of the

Contract, the payment of all bills and obligations arising from

the execution and performance of the Contract, and guaranteeing

the work against faulty workmanship and materials during the

maintenance for one (l) year after completion; all provisions of

the bond to be complete and in full compliance with the statutory

requirements of the State of Missouri. The bond shall be executed

with proper sureties through a company licensed and qualified to

do business in the State of Missouri. If at any time during the

work period or within one (1) year after completion, the surety on

the Contractor's bond becomes insolvent or goes into receivership

or

avails itself of protection under Bankruptcy Laws, the Drainage

District shall have the right to require additional sufficient

sureties which the Contractor shall furnish within ten (10) days

after notice to do so; in the event of default hereof, the Contract

may be suspended and all payments or money due the Contractor

-4- withheld. In lieu of the Surety Bond described in this contract,

the Contractor may provide an Irrevocable Letter of Credit from an

FDIC insured bank issued in the amount and under the terms of this

paragraph 10.

10. The Contractor shall maintain such insurance as will

protect him from claims under the Worker's Compensation Acts and

all other employee benefits and from claims from damages because

of bodily injury, including death, and from claims for damages, to

property which may arise out of operations or the work, whether

such operations be by himself or by any subcontractor or anyone

directly or indirectly employed by either of them. The insurance

shall be written by companies authorized to do so and are doing

business in the State of Missouri and shall be for not less than

the following limits:

(a) Comprehensive General Public Liability Insurance

with bodily injury and property damage limits of $1,000,000.00.

(b) Comprehensive Automobile Liability Insurance

including owned, hired and non-owned vehicles with bodily injury

and property damage limits of $1,000,000.00 for each accident.

(c) Standard Workers' Compensation and Employer's

Liability Coverage as is required by Missouri law; and

(d) Owner's and Contractor's Liability Insurance with

bodily injury and property damage limits of $1,000,000.00.

Certificate of insurance shall be filed with the District before

work commences under any contract or subcontract.

11. The manner and method of performing the work shall be

under the direction and control of the Contractor, but all work

done shall at all times be subject to inspection by the Drainage

District or its authorized representative. Any authorized

representative inspecting said work shall have authority, subject

-5- to final decision of the Board of Supervisors of the Drainage

District, to condemn and reject any defective work and to suspend

the work when it is not being done properly, but the responsibility

for the work in compliance with the contract documents and all

applicable laws, rules and regulations shall be the Contractor's.

All rejected work shall be taken out and replaced by satisfactory

work and should the Contractor fail or refuse to comply with

instructions in this respect, the Drainage District may withhold

payment or proceed to terminate the Contract as provided herein.

12. The Contractor shall adequately protect the work, the

Drainage District's property, adjacent property and the public

from injury, damage or loss arising in connection with the Contract

or the work. The Contractor assumes the entire responsibility and

liability for any third party claims and actions based upon or

arising out of injuries, including death, to persons, or damage to

or destruction of property, sustained or alleged to have been

sustained in connection with or to have arisen out of or incidental

to the performance of this Contract by this Contractor, his agents

and employees, regardless of whether such claims or actions are

founded in whole or in part upon alleged negligence of the Drainage

District. The Contractor shall indemnify and hold harmless the

Drainage District and its representative in respect to any such

manner, including but not limited to, the costs of investigating

any claim, court costs, attorney's fees, and the like.

13. The Contractor shall procure at his own expense all

licenses and permits necessary to complete the work.

14. No assignments by the Contractor of this Contract or any

part hereof of the funds to be received hereunder by the Contractor

will be recognized unless such assignment has the written approval

of the Drainage District and the surety on the Contractor's

-6- Performance Bond. No assignment, transfer or subletting even

though consented to in writing shall relieve the Contractor of his

liability under this Contract.

15. In the event any provisions of the Contract are violated

by Contractor, or by any of his subcontractors, the Drainage

District may serve written notice upon Contractor and its surety

setting forth the violations and demanding compliance with the

Contract. Unless within ten (10) calendar days after serving such

notice, such violations shall cease and satisfactory arrangement

for correction be made, the Drainage District may terminate the

Contract by serving notice on Contractor; but the liability of

Contractor and its surety for such violation, and for any and all

damages resulting therefrom, as well as from such termination,

shall not be affected by any such termination. Upon such

termination, Drainage District may take over work and prosecute

same to completion by Contract and Contractor and its surety shall

be liable to the Drainage District for any excess costs occasioned

by Drainage District thereby.

16. In the event the Contractor considers that he is being

delayed by any act of the Drainage District or its agents or

employees, or for any reason beyond Contractor's control, he shall,

within ten (10) days from the beginning of such delay, notify the

Drainage District in writing of the causes of any such delay.

Extensions of time, with relief from responsibility for liquidated

damages incurred on account of such delay will be granted to the

Contractor when, in the opinion of the Drainage District, the

causes so called to its attention warrant such extensions of time.

No claims for delay will be considered unless such notices have

been filed with the Drainage District within the time specified

above.

-7- 17. The Drainage District, without invalidating the

Contract, may order additional work to be done in connection with

the Contract or may alter or deduct from the work, the Contract

sum to be adjusted accordingly. Additional work shall be done as

ordered in writing by the Drainage District which order shall state

the specifics concerning the extra work. All such work, if any,

shall be performed under the conditions of the original Contract

and subject to the original Contract as though therein included.

18. The Drainage District shall have the right to take

possession of and use any completed or partially completed portions

of the work, notwithstanding that the time for completing the

entire work or such portions thereof may not have expired; but

such taking possession and use shall not be deemed as an acceptance

of any work not completed in accordance with the contract

documents. If such prior use of the completed portions increase

the cost of or delay the works, the Contractor shall be entitled

to such extra compensation or an extension of time, or both as the

Drainage District may determine.

19. As soon as the work has been substantially and

satisfactorily completed, the Contractor shall notify the Drainage

District who shall inspect such work or cause the work to be

inspected by the Drainage District Board of Supervisors. The

Contractor shall be notified of any deficiencies found. The

Contractor shall promptly correct such deficiencies. At the time

of notifying the Drainage District of substantial completion, the

Contractor shall file with the Drainage District the receipt in

full from each manufacturer, subcontractor, dealer or supplier for

all equipment and material used on the work and a complete release

of all liens which may have arisen from the work or from this

Contract. In lieu thereof, the Contractor may file statements

-8- showing the balance due or claimed on all accounts and this

Drainage District shall have the right, if it so elects, to

withhold sufficient money to pay such balances until receipts in

full or satisfactory evidence of final payment are filed with the

Drainage District.

The Drainage District shall notify the Contractor of its

acceptance of the work and shall make final payment to the

Contractor, withholding any sums authorized to be withheld as set

out in this paragraph. Neither the making of final payment nor

acceptance of the job shall relieve the Contractor of his

responsibility for faulty materials or workmanship and he shall

remedy any defects and pay for any damage resulting therefrom which

shall appear within one (1) year from the date of final acceptance,

nor shall the making of final payment or acceptance of the job

relieve the Contractor of his obligation under paragraph 13, page

7 of this document.

20. The Contractor will, on or about the last day of each

month, make an estimate of the work completed. As soon thereafter

as possible and after the Contractor has filed receipted bills

showing that he has paid for all the materials, work, supplies or

labor, the Contractor will submit invoices for work completed,

which the Drainage District shall submit to the Natural Resources

Conservation Service (“NRCS”) for payment. Final payment will be

made at the time of the inspection and final acceptance the

Drainage District and NRCS.

21. The work may necessitate work over, under and adjacent

to bridges, pipe lines, water lines, highways, railroads, roads,

telephone and telegraph lines. The Contractor shall have the

responsibility of contacting the owner of the above-mentioned

structures or utilities and of acquiring any necessary right,

-9- permit, or permission to work on, over, under or adjacent to same.

The Contractor will give notice in writing to the owner of the

above-mentioned structures or utilities no later than ten (10)

days following the award of the Contract and shall arrange a time

for meeting with the owners of the same to solve any problems that

may arise during the course of the operation necessary for the

work. In the event working days are lost as a result of delay by

the owner of any of the above-mentioned utilities or structures,

the Contractor will not be penalized. However, if, in the opinion

of the Drainage District, the Contractor has been negligent or lax

in the acquisition of the above-mentioned rights, permissions or

permits, the Contractor shall be penalized each working day lost.

22. Contractor shall commence immediately after the

execution of the Contract, and each ditch shall be completed by

December 31, 2018.

23. If the Contractor shall fail to complete the work within

the number of days provided in the Contractor's proposal plus any

extension of time granted by the Drainage District extending the

number of working days, the Contractor shall pay to the Drainage

District, and the Drainage District shall have the right to

withhold from any payments due Contractor, as liquidated damages,

the sum of One Hundred Dollars ($100.00) per working day for each

working day in excess of the number of working days

allotted/allowed Contractor to complete the work.

24. All payments made to Contractor for work done pursuant

to the contract by the Drainage District shall be contingent upon

approval of said work by the NRCS. Said approval for payment shall

take precedent over all other provisions for payment contained

herein and in the Contract.