HomeMy WebLinkAboutRes.3019.09-19-2016 BILL NO. 16-154 RESOLUTION NO. 0D/617
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH PENZEL
CONSTRUCTION COMPANY, INC. , FOR FIRE STATION
#2 ANNEX, 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 Penzel Construction Company, Inc. , for
Fire Station #2 Annex, in the City of Cape Girardeau, Missouri .
The Agreement shall be in substantially the form attached hereto
as Exhibit A, which document is hereby approved by the City
Council, and incorporated herein by reference, with such changes
therein as shall be approved by the officers of the City
executing the same .
PASSED AND ADOPTED THIS It DAY OF O CQ��1 2016.
1. 1. �
Harry E. Rediger, Mayor
ATTEST:
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CITY OF CAPE GIRARDEAU
FIRE STATION 2 ANNEX BUILDING
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year
2016 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and Penzel Constr. , Co. , Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows: •
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
•
Construction of a 4-bay annex building, containing space for fire apparatus
maintenance and associated office and storage space. This bid package excludes the
metal building manufacture and erection, including steel framing, roof and wall panels,
mezzanine structure including deck,stairs and railing, as those items were selected with a
previous bid package. This bid package includes site work,foundations,footings,structural
slabs, concrete block, MEPFP,finishes and all other appurtenances as specified in the bid
documents shall be included in the bid for the City of Cape Girardeau, Missouri
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.
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3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the i
essence of this Agreement and that OWNER will suffer financial loss if the Work is not •
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not competed on time. Accordingly, instead of requiring any such proof,
•
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty)CONTRACTOR shall pay OWNER five hundred dollars$500.00 for each calendar
day that expires after the time specified in paragraph 3.1 until the Work is complete and the
CONTRACTOR is ready for final payment
Article 4. CONTRACT PRICE. •
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OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract -Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
•
4.1
Contract Price: ONE MILLION TWO HUNDRED FIFTY NINE THOUSAND DOLLARS AND ZERO CENTS.
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($1,259,000.00)
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(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
•
amount shown in words will govern. In case of error in extension, the lump sum prices
• under each Pay Item will be considered correct, and these sums when property extended,
shall constitute the Bid.)
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 11.92 of the General Conditions.
•
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications foe Payment will be procpcced 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
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case of Unit Price Work based on the number of units completed) or, in the event there is
no schedule of values, as provided in the General Requirements. •
5.1.1 Prior to Substantial Completion,progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
95% 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.
95% (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,as agreed to by the OWNER and CONTRACTOR, in
an amount sufficient to increase total payments to CONTRACTOR to 98%of the Contract
Price (with the balance being retainage), less such amounts as ENGINEER shall •
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General
Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents(including
the Addenda listed in paragraph 8) and the other related data identified in the Bidding
Documents, including "technical data".
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7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and • ;
furnishing of the Work. •
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating •
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. 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 fumishing 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.
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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.
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7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the •
Contract documents and all additional examinations, investigations, explorations, tests,
•
studies and data with the Contract Documents. •
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts,errors,ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR,and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
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8.1 This Agreement (pages 1 to A inclusive). •
8.2 Exhibits to this Agreement(pages BF- 1 to BF-8 , 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
8.8 Drawings.
8.9 Addenda numbers to_2_, inclusive.
8.10 CONTRACTOR'S Bid (pages BF- 1 to BF-8 , inclusive) marked exhibit "A° .
8.11 Pursuant to 285.530 R.S. Mo, the contractor 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.
8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
inclusive).
8.13 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending,modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 •
and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9.. MISCELLANEOUS.
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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.
92 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. 292.675, R.S. Mo, the contractor is informed that all contractors or
subcontractors doing work on this 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.
9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's
Office one copy of weekly certified payrolls from the General Contractor and all
Subcontractors. After the first payroll, these must be provided by the Contractor and
Subcontractor on a weekly basis; accounting for each week until the Contractor or
Subcontractor has finished his portion of the project. If no work was done, then a payroll
stating "No Work Done' must be submitted. All certified payrolls must be numbered. If
needed, the Contractor or Subcontractors may use the payroll form provided by the
Department of Labor
http://labor.mo.gov/sites/default/files/pubs forms/LS-57-Al.pdf •
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on 20 r tt(which is the
Effective Date of the Agreement).
is
OWNER City of Cape Girardeau CONTRACTOR Penzel ConPtxuaton. Co. , Inc.
Scott Mever,,M Mar aper ��, !, ,� /�z h ,�''� r'LS
$ ' = By:
[CORP TE S L.] [ ORPO
Attest
Bruce Taylor,-beputy City Clerk ��� `" s��
Y �r
Address for giving notices Address for giving notices
401 Independence Street 325 W. Jackson Blvd.
Cape Girardeau, MO 63703 Jackson, MO 63755
(If OWNER is a public body, attach License No. 060 }3 /7
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
A</; /?4?Z�-
`r (if CONTAACTOR is corporation,
attach evidence of authority to sign.)
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Exhibit "A" iI
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CITY OF CAPE GIRARDEAU
•
FIRE STATION 2 ANNEX BUILDING
BID FORM •
(EJCDC 1910.18) (1990)
PROJECT IDENTIFICATION:
Construction of a 4-bay annex building, containing space for fire apparatus
maintenance and associated office and storage space. This bid package excludes the
metal building manufacture and erection, including steel framing, roof and wall panels,
mezzanine structure including deck,stairs and railing,as those items were selected with a
previous bid package.This bid package includes site work,foundations,footings,.structural
slabs,concrete block,MEPFP,finishes and all other appurtenances as specified in the bid
documents shall be included in the bid for the City of Cape Girardeau, Missouri
•
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.
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 sixty days after the day of Bid
opening. BIDDER will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements
within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid,BIDDER represents,as more fully set forth in the Agreement,that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
following:
• Addenda, receipt of all which is hereby acknowledged: (tlst Addenda by Addendum Number and bate)
9,15. ./ 8- z3-,L •
4-114.2- 8-33— /b
•
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BF-1
(b) BIDDER has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. 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
fumishing 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 famishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and
others at the site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations,explorations,tests,studies and
data with the Contract Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work for which this Bid is submitted.
My questions, comments, or concerns regarding the design of this project should be
addressed to Anna Kangas. City of Cape Girardeau at 573-339-6327.
(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
BF-2
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.
() 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
• submitting a completed, notarized copy of AFFIDAVIT OF WORK
AUTHORIZATION and
• providing documentation affirming the bidder's enrollment and participation in a
federal work authorization program with respectto the employees proposed to work
in connection with the services requested herein.
• http://www.uscis.gov/portal/site/uscis
0) 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.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
4.1
Contract Price: •`a ltrodi Two hun clet dry ntu_
t'hotsal L. (lb/,rars
($ 11251OA;oo )
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govem. In case of error in extension, the lump sum prices
under each Pay Item will be
BIDDER acknowledges that quantities are not guaranteed and final payment will be based
on actual quantities determined as provided in the Contract Documents.
•
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BF-3
5. BIDDER agrees that the Work will be substantially complete within ninety(90)calendar
days after the date when the Contract Times commences to run as provided in paragraph
2.3 of the General Conditions, and completed and ready for final payment in accordance
with paragraph 14.13 of the General Conditions within one-hundred twenty(120) calendar
days after the date when the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the time specified in the Agreement •
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the time specified in the Agreement
6. The following documents am attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check
(b) Acknowledgement of any addenda issued.
(c) Exhibit Affidavit of Work Authorization
•
(d) Exhibit Affidavit of Excessive Unemployment(if applicable) •
(e) The E-Verify Program for Unemployment Verification Memorandum of
Understanding httpj/www.uscis.qov/files/nativedocuments/MOU.odf
(f) Exhibit Affidavit of OSHA Training
(g) Certification Regarding Debarment, Suspension and Other Responsibility Matters
7. Bidder agrees to submit the following documents within three (3) business days after
the opening of Bids if requested:
(a) BIDDER'S Qualification Statement with supporting data.
8. Communications concerning this Bid shall be addressed to:
Name Pi-I I LI P Pee
Address 326 (N- :TR(x5DO 2:1-CD '12o.73eC 330, 31GK`x)t J MC 4,31 52f...5
(a) Performance and Payment Bonding Company
NameFUT ' Y . o6n CnmPliIY nF MAThQ .D
BF-4
•
is
Address t'-EXE Arne cAt,1 LttJE, 5(HAWMe.LrK lL. 1,0156 - IDSA
Agent\Power•ofAttorney Name (if used) UdS
Address 3c rJC\ aI 51, L- Lai t5 !J,(1 L3Ic0
9. 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 P- I , 201V •
State Contractor License No. '7 3(87
IF BIDDER is:
An Individual
By (SEAL)
(Individual's Name)
doing business as •
Business address: -
Phone No.:
A Partnership
By (SEAL)
(Firm Name)
(General Partner)
Business address:
Phone No.:
A Corporation
By Thnet Co P-U Tlof 1 C' lnlc . (SEAL)
(Corporation Name)
n1 rSSbuQ1
(State of Incorporation)
BF-5
By; : �K tl t P /' \ (SEAL)
Name of Person Authorized to ign)
'0'6131 VFIJC
' (Title)
,(corporate Se : .T.0 :
•
•d •Attst(-~. -
y 3.
` Secretary) ti eaAJ
'•Buslhesszadrireser � 5 lid . Jf�CViJ2 D
J�}CK5Oki Mn ce=375S
Phone No.: 1 67S)all 3- Vt 1
Date of Qualification to do business is � 0 - J�
A Joint Venture
By (SEAL)
(Name)
(Address)
By (SEAL)
(Name)
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual,partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
•
BF-6
BREAKDOWN OF WORK FORCE (Required):
• The Contractor shall be registered with the Missouri Secretary of State in order to work on
this project
BIDDER hereby states that he will perform the following items of work directly without
employment of subcontractors:
S tc Grroc‘i,rV,} •
Co.,cycle- Mims, .is
' lir G, Choi
OD ors Y 74tcL4rc
It is anticipated that the following subcontractors will be employed for work on this project:
`SUBCONTRACTORS:
(Name of Company) (Type of Work)
Frog t. MW fa0.9
best /know) Mitt o.r.-y
Scel.Ay
2-c4 in Wok L-r OvetAJ Orme
COrre_- Parnt a G las> ad,-Mcai 4 ShvtAS
��c-;ate Plwart4 se /kT
'All subcontractors shall be registered with the Missouri Secretary of State in order to work
on this project ,,pp 11 rl o /I
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r� ��c. S �r.�s.
M` �l t� R'r 1 p r`aTtcaia(I rr'
Dwr FAtcrgm\mss
OwT�h CArcre(\ .e•)BF-7 / tiVac-
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EXHIBIT
AFFIDAVIT OF OSHA TRAINING
COMES NOW(Name):PBU.-t9 '} i 1Zzt as(Ofce Held/Rae[DetaT
of(Company Name/Contractor) }r[.)z{2-CuJ to4J ('0 I .:, and first being duly sworn,on
my oath,affirm in connection with the contacted services related to f t 2Ert ii Of l ?2
h -TZ, (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 requited 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(2(0 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
1100.00) for each on-site employee employed by Contractor or its Subcontactor,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 admowiedges that in the event that the Missouri Department of labor
and Industrial Relations has determined that a'violation of Section 292.675, RSMo., has ocaraed
and that a penalty shall be a ceccni,the City shall withhold and retain all sums and amounts due and
owing when making payments to Contractor under this Contract
FURTHER AFFIANT SA.ITH 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)
RE4Y[,F1_, COLY3lEuercDO Co , 113C,
(name of corporation) •
By
(name a a of enT0and title)
'jib l l LP PriNYLe( t PQt✓S i veti1T
. $mvacy(ott�thc office �J=' '
'CR
(SF.Q7rtOE"CO0OR 1-6, j:'
c cr.
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GTRARDEAU \ 1 • �j
On this 1. day of_t hK 20Jy before me appeared 1'i t t • `p 12x1 _e I
tome personally knqwn,wjro,being by me duly sworn,did say that he/she is theRnet
of en't.c Cen4aLckSon (AiVnt. 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 Dixcuua,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.
Notary Pubfic
•
My Commission Expires: - BEVERLY SEVER . '
(� Pudic- Seal
ao 1?) �° #14395466
lay Coomdssion Eckes.ttdY 1,2019
EDIT
AFFIDAVIT OF WORK AUTHORIZATION
ii
Comes nowlt.IL L PeJ t. as'RESIDE LIT first being duly sworn, on
Name Off=held
•
my oath, affirm { J2a,coos-gait-RN,' (b loc.. is enrolled and will continue to
Company Name
participate in a federal work authorization program in respect to employees that will work
in connection with the contracted services related to Flee "t ATt nN 2 Ar In 43l tXj `
Project Name
for the duration of the contract,if awarded in accordance with RSMo Chapter 285.530(2).
I also afinni tbat9613-t-C—LCUt ellt[i& ft t i does not and will not knowingly
Company Name
employ a person who is an unauthorized alien in connection with the contracted services
related to t't✓2E /j71 otJ Ary r EiL•f'i0 r the duration of the contract,if awarded.
hojert name
In Affirmation thereof, the fads stated above are true and correct(The undersigned understands
that false statements made in this filing are subject to *the penalties provided under Section
575.040,RAM).
Signanatn a p1(3mn with a` Printed Name
/7
`! -1-110
Title Date
•
Subscribed and sworn to before me this V of SgA)\.e„-.. 20 N. I am
commissioned as a notary public within the County of`-"K'a State
of •Ct) and my commission expires on ,TU\ \ , ..t.)1 9) . -
C - I lie
Signatureof Date
BEVERLY SEYER
NATE Anti IIS,-
Conmdsslon&,14385456 2018
My Ce nmission Expire=July
•
`ia.q°;. 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(I)(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.
•
lIlL IP Q0761, , -- &(D s
Typed Name&Title of Authorized Representative
_To
Signature/� orized rase ' e Date
•
0 I am unable to certify to the above statement My explanation is attached.
Bid Bond
CONTRACTOR.: SURETY:
(Name,kcal status and address) (Name,legal natal and prietal place of businers)
Pe nzel Construction Company,Lac. Fidelity and Deposit Company of Maryland
325 W.Jackson Blvd. 1400 American Lane
Jackson,MO 63755 Schaumburg,IL 60196-1056
(847)605-6000
OWNER: This document has important legal
(Name,kgal statue and addrez) mnsegaeaces.Consultation with
City of Cape Girardeau an attorney is encouraged with tLapct-t
401 Independence Street its completion or modification.
Cape Girardeau,MO 63703
BOND AMOUNT: Five Percent of the Total Amount Bid (5%) My singular reference to
Contractor,Surety,Owner or
other party shall be considered
PROJECT: Fire Station 2 Annex Building pluralwhere applicable.
(Name,location or adders!,and Project member,tf ate) •
Project Number,if any:
The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the
Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and
severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and
Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such
bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the
difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this
obligation Shall be null and void,otherwise to remain in full force and effect The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver
of notice by the Surety shall not apply to any extrusion exceeding sixty(60)days in the aggregate beyond the time for
acceptance of bids specified in the bid documents,and the Owner and Contactor shall obtain the Surety's consent for
an extension beyond sixty(60)days.
If this Bond is issued in connection with a subcontractor's bid to a Contactor,the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in tfieeioatson of the Pnojeett. •
any provision in this Bond conflicting with said statutory or legal requirement shall be 4ecmed'de)ebed.bertfmai rind-
provisions conforming to such statutory or other legal requirement shall be deemed•ineospv atsd l Sieh.When•so :- •
furnished,the intent is that this Bond than be construed as a statutory bond and nova.a,opaq' utaQti hw boned`
Signed and scaled this 1st da of September, 2016a • • •�". }4 •
Pcnzel Construction Couiparip:7nc:� ^-'"
(Prinapdo 0.4
t""nom ,.
(Title) ( U P 12F�'.*t ''•t..? d'DC:Ai,{••.;_
///\�� - /Fidelity an sit Company of Maryland :e„ r�•• •
e,
C.L
U\o+d-4.\-\)
(Wi ) • fr:¢ _
(I7rtk)S an M. Stefan''.: Alto.. -in_Faat`• +•-' • :..`
By aCrallgealeilt with the American . ii 9' of • 1, the National Assaiaicm cttsiireiVtoorh
Producers (NASBP)(wwwnasirp.org)makes available to its meabetl;:, Sffiliates,'at3d'`: :
NASBP associatesin Mzaoso$Word feet for use in the course of surety bt*msec NASBP NiOUChe0113t
the rriginal text of this document t oanfottms exactly to the text in AIA Document A310-2010,Bid Bond.
Subsequent modifications maybe made to the original text of this docent by uses,so careful review of its
wording and consultation with m atictmey arc encrniraged before its completion,execution or ac re.
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-tact with authority to execute bonds, policies,
re ognizances,stipulations,undertakings, or other hie instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time"
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is steal in force.
This Power of Attorney and Certificate may be signed by facsimile ender and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attocney...Any such Power or any certificate thereof bearing such
facsimile cignztna and seal c#r»ll be valid and binding on the Company."
This Power of Atorney and Certificate may be signed by farcimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I0th day of May,1990.
RESOLVED: "That the farcimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed
IN TESTIMONY WHEREOF,I have herzunto subscribed my name and affixed the corporate seals of the said Companies;
this 1St day of September ,20 16
..1::C iv;- •
0 •
(47444.
? •
t acre I ;.. ``. ..
• ,'h.: •t+)L.
• '' it,Ia_Jv __il:
-
Ata
Michael Bond,Vice President
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the Slate of New
Yogic,the COLONIAL AMERICAN CASUALTY AND SL'REIY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the Stats of Maryland(herein collectively called the"Campamesl,by .
GERALD F.HALEY,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,whirl
are set forth on the reverse side hereof and are herby certified to be in full farce and effect on the date hr do hereby nominate,
constitute, and appoint Taffi'a S. HOLMAN,Barbara I. LEMM, Swan M. STEFANSKI, Dennis D.FLATNESS and Dennis W.
LUTZ,all of St.Louis,Missouri, EACH its true and lawful agent and Amey-in Fact,to make,eaocate,seal and deliver,for,and on its
behalf as surety,and as its ad and deed:any and all bonds and undertakings,and the execution of such bonds or tmdertakings in pursuance
of these presents,shall be as binding upon said Companies,as frrfy and amply,to all intents and purpose,as if they had been duly executed
and acknowledged by the regularly defied officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New
York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills,Maryland and lire regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at i`s office in Owings
Mills, Maryland.,in their own proper persons
The said Vice President does hereby certify that the extract set forth on the rcvux.side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice President has her mto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 7th day of April,Ate_2016.
ATTEST:
• ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SEAL t ` ` o=
• . ` i• • Tz tsGl l�i
. Ems,
.*:4:4", .
- - 44, At •
-, SrrfritrrY, • rice Presiders
• w; . ,rieJ ..Barnes Gerald F.Haley
:gdbbf•Maryland
Gowdy of Baltimore
On this 7th day of April,AD.2016,before the sulucubs,a Notary Public of the State of Maryland,duly oornucessicemi and qualified,GERALD F.
HALEY,Vice Preddest,and ERIC D.BARNES,Secretary,of the Companies,to me pasoarslly known to be the irxlfviduets and offices descrbad in and
who executed the preceding instramen,and adenowledged the eceeation of same,and being by me duly sworn,dcpcseth aa3 said,that hdsbc it the said
officer of the Company aforesaid,and that the seals affixed to the preceding iostrumeet art the Corporate Seals of said Comes,and that the said Corxm¢e
Seals a a the signature as such officer were duly affixed and subsmhcd to the said instrianart by the antbority and direction of the add Catpaastiaas.
IN TESTIMONY WHEREOF,I have hereunto sat my hand and affixed my Official Seal the day sad year fiat above written.
fiFa
,era*t,nU
tM►.(�+t
C` tttrL(�
•
9./L012;., Q `
Maria D.Adamsld,Notary Public
My Coamniaaa Exp.=July 8,2019
POA-F 079-09T3C
BID OPENING SUMMARY OF PROPOSALS RECEIVED FOR:
FIRE STATION 2 ANNEX BUILDING
DATE:SEPTEMBER 1,2018
TIME; 10:00 AM
PLACE: FIRE STATION 1,TRAINING ROOM Compiled by:Cindy Redecker
boulder Construction LLC Pend Construction Co.,Inc.
ENGINEER'S ESTIMATE 2301 Bloomfield Road 325 W.Jackson Blvd.
Caps Girardeau,MO 63703 Jackson,MO 63765
ITEM DESCRIPTION UNIT 3UANT1T UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE PRICE PRICE PRICE
FIRE STATION#2 ANNEX LS 1 $1,152,299.00 $ 1,152,299.00 S 1,539,000.00 $ 1,539,000.00 $1,259,000,00 $ 1,259,000.00 $
BUILDING
$ 1,152,299.00 $ 1,839,000.00 $ 1,269,000.00 $
AMOUNT OF PROPOSAL GUARANTEE 5%OF BID 5%OF BID 5%OF BID
SURETY Travelers Casualty and Surety Co of Fidelity and Deposit Company of
America Maryland
1 hereby certify that the above is a true and correct summary of proposals received: Low Bidder
PROJECT MANAGER 4;L L L'1 V( l Y/�i, r� ✓
Pape 1of1