HomeMy WebLinkAboutRES.1171.05-06-1996 BILL NO. 96-144 RESOLUTION NO. �� � �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH PENZEL CONSTRUCTION
COMPANY, INC. FOR THE ISTEA RECREATION TRAIL,
PHASE II
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 the ISTEA
Recreation Trail, Phase II. A copy of said Agreement is attached
to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS � DAY OF � , 19�(�.
A. . Sp adling, II , Mayor
ATTEST:
i �
f
�
Gayle ; . Conrad
Deputy City Clerk
�� }
�• a
� IRARD A
CITY OF CAPE G E U
� RECREATION TRAIL
ISTEA ENHANCEMENT FUNDS STP-1500 (002)
� PHASE II
STANDARD FORM OF AGREEMENT
� BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
� THIS AGREEMENT is dated as of the ZU� day of �'vN� in the year
19� by and between the City of Cape Girardeau, Missouri (hereinafter called
OWNER) and Penzel Construction Companv, Inc.(hereinafter called CONTRACTOR).
� OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
� Article 1. WORK.
� CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
� The work to be performed under these Contract Documents shall consist
of but not limited to the const�uction of 1,777.5 lineal feet of 8' wide
� pavement for a recreation trail. Work includes all grading, excavation,
placement of rip-rap and gabbions, the construction of a footbridge,
retaining wall, tree and stump removal and the restoration of all disturbed
� areas as directed by the Owner or his Representative.
Article 2. ENGINEER.
� The City Engineer or his designee is to act as OWNER's representative, assume all
duties and responsibilities and have the rights and authority assigned to ENGINEER in
� the Contract Documents in connection with completion of the Work in accordance
with the Contract Documents.
� Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within One hundred twentv (120)
� calendar days after the date when the Contract Times commence to run as provided
in paragraph 2.3 of the General Conditions, and competed and ready for final payment
in accordance with paragraph 14.13 of the General Conditions within One hundred
� thirtv-five (1351 days after the date when the Contract Times commence to run.
� A-1
�
�` t `
� 3.2 Liquidated Dama es. OWNER and CONTR
9 ACTOR recognize that time is of the
� essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions. They also
� recognize the delays, expense and difficulties involved in proving the actual loss
suffered by OWNER if the Work is not competed on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
� damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three
hundred fiftv Dollars S 350.00 for each day that expires after the time specified in
paragraph 3.1 for Substantial Completion until the Work is substantially complete.
� After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete
the remaining Work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by OWNER,
� CONTRACTOR shall pay OWNER Five hundred Dollars S 500.00 for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
� Article 4. CONTRACT PRICE.
� OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
� 4.1 for all Work other than Unit Price Work, a Lum Sum of:
p
� �. ' s �ae.s�2. 9.s �
�..s.Q.4.a�Q.y,.� �.. �
� All specific cash allowance are included in the above price and have been computed
in accordance with paragraph 11 .8 of the General Conditions.
� PLUS/OR
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price
� for each separately identified item of Unit Price Work times the estimated quantity of
that item as indicated in the bidding documents.
� TOTAL OF ALL UNIT PRICES One hundred twenty-eight thousand five hundred
eiqhtv-two dollars and ninetv-five cents S 128,582.95
� As provided in paragraph 1 1 .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 1 1 .9.2 of the General Conditions.
� A-2
�
� s
c
� Article 5. PAYMENT PROCEDURES.
� CONTRACTOR shall submit Applications for Payment in accordance with Article 14
of the General Conditions. Applications for Payment will be processed by ENGINEER
� as provided in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on
� account of the Contract Price on the basis of CONTRACTOR's Application for Payment
as recommended by ENGINEER, on or about the 10th day of each month during
construction as provided in paragraphs 5.1 .1 and 5.1 .2 below. All such payments will
� be measured by the schedule of values established in paragraph 2.9 of the General
Conditions (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General
� Requirements.
5.1 .1 Prior to Substantial Completion, progress payments will be made in an amount
� equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or
OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions.
� 90% of Work completed (with the balance being retainage). If Work
has been 50% completed as determined by ENGINEER, and if the
� character and progress of the Work have been satisfactory to OWNER
and ENGINEER, OWNER, on recommendation of ENGINEER, may
� determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of
Work completed, in which case, the remaining progress payments prior
� to Substantial Completion will be an amount equal to 100% of the Work
completed.
� 90% (with the balance being retainage) of materials and equipment
not incorporated in the Work (but delivered, suitably stored and
accompanied by documentations satisfactory to OWNER as provided in
� paragraph 14.2 of the General Conditions).
5.1 .2 Upon Substantial Completion, in an amount sufficient to increase total
� payments to CONTRACTOR to 95% of the Contract Price (with the balance being
retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold,
in accordance with paragraph 14.7 of the General Conditions.
� 5.2 FinalPayment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of
� the Contract Price as recommended by ENGINEER as provided in said paragraph
14.13.
� A-3
�
� `
�
� Article 6. INTEREST.
� All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
� Article 7. CONTRACTOR'S REPRESENTATIONS.
� In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
� 7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in
the Bidding Documents, including "technical data".
�
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as
� to the general, local and site conditions that may affect cost, progress, performance
and furnishing of the Work.
� 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local
Laws and Regulations that may affect cost, progress, performance and furnishing of
the Work.
� 7.4 CONTRACTOR has carefully studied all re orts of ex lorations and tests of
P P
� 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 f-�acilities) 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
� A-4
�
�< <
� examinations investi ati n x
, g o s, e plorations, tests, studies or data a�e 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 CONTRACTOR is aware that no second-tier subcontracting will be permitted.
� Article 8. CONTRACT DOCUMENTS.
� The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
� 8.1 This Agreement (pages 1 to 8 inclusive).
� 8.2 Exhibits to this Agreement (pages _ to _, inclusive).
8.3 Performance, Payment, and otlier Bonds, identified as exhibits PB, CPB and
� consisting of 4 pages.
8.4 Notice to Proceed.
� 8.5 General Conditions (pages 1 to 55 , inclusive).
� 8.6 Supplementary Conditions (pages SC-1 to SC- 5 , inclusive).
8.7 Specifications bearing the title Cape Girardeau Recreation Trail Phase II .
� 8.8 Drawings.
� A-5
�
� •
�
� 8.9 Addenda numbers 1 inciusive.
,
� 8.10 CONTRACTOR's Bid (pages BF-1 to BF-6 , inclusive) marked exhibit _
� 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _
to _, inclusive).
� 8.12 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying or supplementing the Contract Documents pursuant
� to paragraphs 3.5 and 3.6 of the General Conditions.
8.13 Anti-Collusion Certificate (Submittal 1).
� 8.14 Contractor's Affidavit (Submittal 2).
� 8.15 EEO Certification and Affirmative Action in Subcontracting (Submittal 3).
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
� (except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The
� Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
� Article 9. MISCELLANEOUS.
� 9.1 Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
� 9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and, specifically but without limitation, moneys that may
� become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment no
� assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
� 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors, assigns
and legal representatives in respect to all covenants, agreements and obligations
� contained in the Contract Documents.
� A-6
�
.
�� .
� 9.4 An vi '
y pro sion 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.
� 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 lvne � , 19qb (which is the Effective
Date of th ent).
� 01l�NER Cit of a e Girardeau CONTRACTOR Penzel Co�struction Companv, Inc.
' Michael G. ' er it Mana er Carl G. Penzel Presi ent -_ -
� r � -
By:
[COR SEAL] [CORPQR�T S��] —
� Attest " �
�l(�tl� Attest -�.0� �✓� � � _���- � � .
T:
� Address for giving notices Address for giving notices
� 401 Independence St. 325 W. Jackson Blvd., P.O. Box 330
Cape Girardeau, MO 63703 Jackson, MO 63755
� (If OWNER is a public body, attach License No. `�3-IZ
evidence of authority to sign and
� resolution or other documents Agent for service of process:
authorizing execution of Agreement.
� (If CONTRACTOR is corporation,
attach evidence of authority to
sign.)
�
�
� A-7
�
� �
� '
� Construction Performance Bo�zd
� BOND N0. 141-531-520
� An�gular reference to Contractor, Surety, Owner or other partv shall be considered plural
where ap�licable.
� CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Busines ):
Penzel Construction Company, Inc. National Fire Insurance Company of Hartford
� 325 West Jackson Boulevard P.O. Box 14167
Jackson, Missouri 63755 St. Louis, Missouri 63178
OWNER (Name ana Address):
• City of Cape. Girardeau � � � � � .
� 401 Independence Street
Cape Girardeau, Missouri 63701
CONSTRUCTION CONTRACT
� Date: 6/20/96 -
Amount: �128,582.9 5
Descripdon (Name and Location):.
RECREATION TRAIL ISTEA ENHANCEMENT FUNDS STP-1500 (002) PHASE II/CONSTRUCTION OF
� 1,777 .5 LINEAL FEET OF '8 WIDE PAVEMENT FOR A RECREATION TRAIL. WORK INCLUDES ALL
GRADING, EXCAVATION, PLACEMENT OF RIP-RAP AND GABBIONS, THE CONSTRUCTION OF A FOQT-
BOND BRIDGE, RETAINING WALL, TREE AND STUMP REMOVAL AND RESTORATION OF ALL DISTURBED
� Dats (Not earlier than Construction Contract Date): 6/20/96 AREAS.
Amount: One Hundred Twenty-Eight Thousand Five Hundred Eighty Two and 95/100 Dollars
Mod.ifications to this Bond Form: N o n e ($128,582.9 5)
� -- _
CONTRACTOR AS PRINCIPAL ' --�- '�U32EfY
� Company: Penzel Co cti o� F�orp. ealj_ Company: Nati onal Fi re I nsu��e��
Company, I c. ,,- Compar.y f Har rd
— - �
Signature: _ - - � Sign�ture. yn �a . , ney-I n-
� Name and Tide: C�cz r� C� ✓''��n z e r, -J`�r���s r�I�;,� Nam� and Tide. F a c t
� CONTRACTOR AS PRINCIPAL � SURETY
Company: (Corp. Seal) Company: (Corp_ Seal)
� Signature: Signature:
Name and Tide: Name and Tit1e:
�
� FJCDC No. 1910-28A (1984 Edition)
Prepared through the joint efforts of The Surery Associarion of America. Engineers' Joint Conuact Documenu Commiaee. The Associated
Geneial Contractors of America. and the American Insritu[e of Architecu.
� PB-1
�
. .
� �
I. The Contracwr and the Suruy,jointly and sevaally,bind thanselves, 6. Aftcr the Owna hu teuninaeed the Cmtnctais right to complete[he
theiz hcus,ezecuwrs,administrators,successo�and assigns to thc Owner for Consuuccion Cmtnct,and if the Suray decu to act unde Subpuagnph 4.1,
the performancc of the Construction Convac�which is incorporatcd haein 4.2,or 4.3 above,thrn chc responsibiliei�s of the Suiety to the Owncr shall
� by rcferaua na be gmaier than those of thc Ca�eractor undcr che Consuuction Crntrac�
and the resporuibilitiu of the Owna co thc Surcty shall noc bc g�aca than
2. If the Contractor pe�'ouns the Constxuctim Contract,the Suiety and ehe thase of the Owner under ehe Conswcaon Contract To the limit of ehe
Contractor shall have no obligation undet this Bond,czccp[[o parcicipatc in amount of this Bond, buc subjca to cornmitmcnt by [he Ovmer of the
� conferences as provided in$ubparagraph 3.1. Balance of the Conuact Pricc to mitigation of costs and damages on the
Const:uctian Concract,che Sureey is obligatcd without duplincion for:
3. If thcrc is no Owne Defaul4 cha S�uuy's obligadon unda this Bmd s6all 6.1 11�e cesponsibilidcs of the Contnaor far coasction of defccdvc
aase afrer. wo�c and camplaion of the Cons¢ucrion ConIIact;
3.1 "I�e Owaer has no¢fiod the Cmtraccor and [he S�uay ac irs 6.2 Addirional lcga�deagn profaaonal md delay cosu xovlring
� addxrss deuribed in Paragxaph 10 below, that the Owna is fivm thc Concraao�s Defaul�and r�suulriag fivm the aaions or
consdering declaring a CmQact�Default and hu requeued failise w aa of the Suxsty unde Fangnph 4;and
and attempted to unnge a confarnx with the Cmaactar and 6.3 Liquidaced damages,or if no liquidaud damagu ue apaificd
che Suruy w be held not laur than fifrecn days af�ez receipt of in che Consm�ction Contnct,acma]damages caused by delayed
� such noeice co discuss methods of pc�o�ung[he Constxuccion pedoanance or non-performance of the Contractor.
Contac� If the Owner,thc Contractor and thn Suruy agree,thc
Concractor shall be allowcd a nasonable time io pezfoaa rhe 7. The Surecy shall not be liable io ehe Owner or o[has far obligation of che
Construction Contnct,but suth an aBecnrn�shall noc waive Convactor that are ucutlated co the Constnction Contract,and the Balance
� ihc Ownezs right,if any,subsequentiv to declare a Coneractor of the Contrect Price shall noi be reduced or set off on account of an��such
llefault;and unrelated obligauons. l�o right of acuon shall acaue on thit Bond to any
3.2 T�e Ownez has declued a Crncracwr Defauh and formally puson or entiiy oeher than the Owner or its heiis,ezauioa,admuiistrawis,
trsminaied che Concnceoi s righi tn mmplue thc conerace. Such or successors.
Concraccor Default shall noc be d�clared earlics than cwairy days •
� afcer the Concractor and the Surety have xzceived norice az 8. 'Ibe Suruy heteby waivcs nocice of any change,including chmga of
provided in Subpazagraph 3.1;and cime,co the Consuvction Con�ace or to related subconcracu,purchasc o:dexs
33 The Owner has agre�d co pay the BaLance of[he Contraa Pxice and ocher obligaeions.
to the Surcty in accozdance with the ic.-:vs of the Construction
� Contract or io a con[ractor selected io pedoan[he Conswction 9. Any procceding,legal or equieable,under this Bond may be institutcd in
Con�aci in accordance with[he tezms of the coneract wich che any coun of compecen[jurisdiction in the locaeion in which ehe wodc or pan
Ownez. ot tho wodc is locatcd and shall be ins[iw�ed wichin two yean aIter
Contnccor Defaulc or wichin cwo ycazs afiu chc Conczactor ceascd wo�cing
4. When the Owncr has satisfied the conditions of Paragraph 3,che Suiety or withir�cwo yeazs after the Surety refus�s or faiLs to pezform its obligations
� shall prompcly and ac[he Suruy's expenu uke one of che following actions: under this Bond,whichever occuxs 5xst If che provisions of ehic Pangraph
4.1 Airu�ge for che Contractor, with consrnt of the Owncr, to are void or prohibiud by law,the minimum pexiod of limiution available to
pe�oan and complue the Consuuction Co�tract;or sureties as a defense in�5e jurisdiction of ehe suit shall be applicable.
4.2 Undenake to perform and complete che Consccuction Concrace
� itself,ehrough iu agrnu oz r.tuough independait conuattoa;or 10. Noace eo che Sureey,che Owner or the Contraccor shall be mailed or
4.3 Ob[ain bids or ncgo¢a[ed proposals from qualified concraccots delivered[o the address shown on the signanue paga
�cceptable to the Owner for a contracc for pe�ocmance and
complction of the Consuvction Conuacc,aaange for a contncc 11. Whrn ehis Bond has been fumished to comply with a stacucory or o[her
to be prepazed for e�cecution by the Owner and the con[raccor legal requiranent in the locacion where [he consexuction wu to be per-
� seluted with the Owner's concurrmce, to be secvxed with foimed,any proviuon in this Bond conflicting with said scanuory or lcgal
pe�"oanance and paymrn[bonds czecuced by a qualifi�d suiecy roquixexnrnc shall be deaned delcced herefrom and provisions confoaning to
�quivalrnc to the bonds issucd on che Consc:uction Con�ac�and such svcutory or other legal roquuemrnc shall be deemed incorporated herein.
pay[o ihe Ownu the amount of damagu xs described in Para- Thc int�t is that chis Bond rhall be constcued as a scanrtory bond and noc u
� graph 6 in excess of the Balance of the Contract Price incuned a common law bond.
by che Owner resulting from chc Conuaccor's defaulc;or
4.4 Waive iu righc to pe�oan and comple:e,asengc for complecion, 12 Defuriuons.
or obcain a new coneraccor and with reasrnable promptness 12.1 Bxlance of the Contract Price: The[otal amount payable by the
under tho cucumstances: Owncr en the Con[racior under the Cons¢uction Contxace aher
� 1. After invcstigatioq deteanine the amount for which ic may all proper adjusunenes have bern made,including allowance to
be liable w the Owncr and, as soon as pnc¢wble afcer[he the Contncwr of any amounts isceivcd or to be received by[he
amount is deurmined,tender payment theiefor w[hc Owner,or Owner in sealemcnt of insurance or oeher claims for damagcs
2. Deny liability in whole or in pan and noeify the Owncr cieing to which [he Contraccor is mcitled, reduccd by all valid and
� rcasons therefor. proper paymen�made co or rn b�alf of che Coneraccor undu
che Consuvction Contracc
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable 12.2 Cons[ruction Contraa: "Ihe agreemenc between the Owner and
prompmess,the Suray shall be daraed co be in default on this Bmd fif� the Con[raccor idencified on [he sip�a¢ue page, including all
days afier recapt of an additional wrinrn nocice from thc Owner to ehe Contrace Documen[s and changes thereco.
� Surcty dananding�hat che Surcty pcd'oim i[s obligatiorss unda this Bond, 123 Concrrccor Dcfaulc: Failu:e of[hc Con�accor,which haz neither
and [he Owner shall be mritled to enfo:ce my ranedy available co che bern remedied noz waived,co perfoim ar ocherwise to comply
Ownu. If the Surecy proceeds az provided in Subpazagraph 4.4 and thc with teans of the Consaucrion Contnct.
Owna refuses che paym�t[rndered ar the S�uuy has dcnied liability,in 12.4 Owner Default Failuze of the Owna,which hu neithe bern
� whole or in parc,wi[hou[furthe nocice the Owner shall be enritled to mforce ranedied nor waived,to pay the Contraaor az requiied by the
any remedy available to che Owner. Conscrucrian Conuact or co perfoxm and compluc or comply
with the other uuns thereof.
� (FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other par[y)
� Willis Corroon Corp. of MO
8112 Maryland Ave.
St. Louis, MO 631 -�
� (314) 721-8400
. •
� ..
� Construction Pa ment Bond
Y
� BOND N0. 141-531-520
� Anv sin�ular reference to Contractor Surety Owner or other party sha.il be considered plural
where applicable.
� CONTRACTOR (Name and Address): SUR�TY e and Princi al Plac of Busines •
Penzel Construction Company, Inc. Nationa��ire Insurpance �ompany o�' Hartford
325 West Jackson Boulevard P.O. Box 14167
� Jackson, Missouri 63755 St. Louis, Missouri 63178
OWNER (Name and Address):
City of Cape Girardeau .
� 401 Independence Street
Cape Girardeau, Missouri 63701
CONSTRUCTION CONTRACT
-. Date: 6/20/96
� qmount: $128,582.95
Descri don ame and L.ocation :
RECR�ATIO�TRAIL ISTEA �NHANCEMENT FUNDS STP-1500 (002) PHASE II�CONSTRUCTION OF
�
T;777.5 LINEat' FEET OF 8' WI`DE PAVEMENT FOR A"�RECREA?ION TRAIL. WORK INCL'UD�'S ALL �
GRADING, EXCAVATION, PLACEMENT OF RIP-RAP AND GABBIONS, THE CONSTRUCTION OF A FOOT-
BOND BRIDGE, RETAINING WALL, TREE AND STUMP REMOVAL AND RESTORATION OF ALL DISTURBED
� Date (Not earlier than Construcdon Contra tD�)• 6/20/96 AREAS.
A�r,ount: One Hundred Twenty-Eig�ht ThSousand Five Hundred Eighty Two and 95/100 Dollars
, , _... .. . .__ ..
. . . . ..:... . . . .: .
, _ :..
,, , .._ None' _ 128,582.95 ., .
Modificadons w this Bond Form:
� .
CONTRACTOR AS PRINCIPAL - -"--- - S"t�RETY
� Company: Penz � ons uc 'on --�Corp-�ea1) ---_ Company: NdtiOndl Fire Insu�,�es��
Company, In . _ -_ Compan of Har rd �
Signa[ure: � - Signature
Name and Tide: Ca r� �- ���..,z��� f��-�.;;� _h;r- Name and Tide. Cynthl d L. Hanak, Attorney-In-
� FGct
� � CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
� Signature: Signature:
Name and Tide: Name and Tifle:
�
� E,TCDC No. 1910-28B (1984 Edition)
Prepared through the joint efforrs of The Surety Associauon of America. Engineers'Ioint Conuact Documents Commiuee. The Associated
General Contractors of American Insritute of Archi:�ects.
� CPB-1
�
. •
� ` 1. Thc Contnctor and the Suray,jointly and uvenlly,bind themselvu, Contnctor fumishing and the Owner acccpting t}tis Hond,they a�ce that all
their heus,ezccutots,administntots,successors and assigns to che Owner eo fundt camed by the Contnctor in thc perfortnance of the Conshvction
pay for labor,matezials and equipmrnt fumished for use in the performance Contrect are dedicated to satisfy obligatioru of the Contractor and the Sutety
� of ihe Construction Comnet,which is incorponied herein by reCecrs�cc. undcr chis Bond, subjcct to the Owneis priooiy to use ehc funds for the
complction of the wock.
2. With zrspect to the Owner,this obligation shall be null and void if the
Concracwr: 9. 'I?�e Surcty shall not bc tiablc co thc Owner, Qaunants or others for
� 21 Promptly makes payment,directly or induutl},for all sums duc obligations of the Contractot[hat aiz unnlated to thc Consuvction Con!ract
Claiman�,and Ihe Owna shall noc be liablc for paymene of any casu or ezpenses of any
22 Defrnds, indenu�ifies and holds}urmless ihe Owner from all Qaimant under ehis Bond,and shall have under[his Bond no obligatians to
claims, danands,lirns or suits by any person ar en[ity w6o makc paymv�tc to,give nocices on behalf of,or o[herwise have obligarions
� fumished labor,maccaals or oquipmeac for use in che pedor eo Claimanes under this Bond.
mance of[he Constzucuon Contnc4 provided the Owner has
promptly nocified the Conrraceor and the Su:ecy(ac the addiess 10. '�e Surrty harby waivcs aaice of any�mge,including changec of
d�scribed in Pazagraph 12) of any claims,danands, liens or time,to the Construction Contract or co relaced subcontraccs,purchase o:das
sui[s and trndered defense of such claims, danands, liens or and other obligations.
� suiu to the Contractor and the Surety,and providu'the:s is no
Owne:r llefa�:lt. 1 i. \o suit ot action shall be commrneed'oy a Gaimant undcr this IIond
other chan in a coun of compeceat jurisdiction in[he location in which the
3. With irspxt co Qaimants,this obliga[ion shall be null and void if[he wo�or part of the wozk is located or afur the ezpira[ion of one yexr from
� Concraccor pmmptly makes payme�c,directly or indireccly,for al]sums due. the date(1)on which the Claimant gave ihc noace requind by Subpara-
graph 4.1 or Clause 4.2(ui),or(2)on which the last labor or service wzs
4. The Surecy shall have no obligation to Claiman�s unde:thu Bond until: peffoaned by anyone or the lxst matcriaLc or oquipment were fumishrd by
4.1 Claiman�s who aze anployed by or have a direct conerecc wiih anyonc under che Consuucoon Contract,whichever of(1)or(2)fust occuis.
the Con�accor have givrn nocice io ehe Su�y (ae[be addicss If che provisions of this Paragraph arc void or prohibiied by law, [he
� descnbed in Pazagraph 12)and sent a copy,or noacc thereof,w aununum period of limitation available w stuetia as a defcvse in chc
the Own¢,seating that a daim is being made under this Bond jurisdiction of the suit shall be applicable.
and,with subs[anaal accuracy,che amoune of che clavn.
4.2 Claimanu who do no[have a dirut concraa witl:the Concractor: 12 ?�'oucc to the Surety,chc Ownnr or[he Contractor shall be mailed ot
� 1. Have fumished wrinen noace to the Contractor xnd sen[a delivered to the address shown on the signauue page. Acmal_mceipt of
copy, or notice thereof, to [he Owner, within 90 days afur noace by Surecy,the Owner or the Contraccor,howevez accomplished,shall
hxving last perfonnrd labor or iast fumi�ned matcnals or be sutiicicn[compliance as oC the date received at tho address shown on the
rquipmcnt included in the claim suting, ..ith subsunciai signacure pege.
accuracy,che amounc of the claim and the name of the pxny io
� whan the mat�ts whecs fumishrd or mpplied�for whom 13. Whm this Bmd has bcrn fumishod to comply with a staw[ory or o[hcr
the labor was done or performcd;and ]egal requiiemrnt in che locarion where thc constxuction was to be pezfoaned,
2. Have either received a rejection in whole or in pan from the any provision in ihis Bond confliceing with said sumcory orlegal requiremrn[
ConLraccor, or no[received wichin 30 days of fiunishing che shall be dezmed dcleced herefrom and provisions confomung [o such
� above notice any communica[ion fcom[he Contracwr by whi�h statutory or o[her legal requucment shall be deemed incorporaeed heein.
the Contractor has indiwted the claim will be paid directly or The intent is,chac this Bond shall be constiued as a stamtory bond and noc
����Y��d as a co�runon law bond.
3. Not having bcen paid within the above 30 days,have sent a
writun notice io the Suruy(a[�he address ducnbed in Para- 14. Upon requesc by any person or a�tity appearing w be a poten¢al
� graph 12) and sene a copy, or nocice thcizof, to ehe Owncr, beneficiary of ttris Bond,thc Contractor shall promptly fiunish a copy of this
stating that a claun is being made under tlus Bond and cnclosing Bond or shall pcxmit a copy to be made.
a copy of the previous wriar.n notice fiunuhed[o[he Con[rac-
cor. 15. DLFLN1110'�'S
� 15.1 Qaimant: M individual or entity having a direcc contract wzth
5. If a notice iequized by Puagraph 4 u givcn by thc Owner to the the Contraccor or with a subcontractoz of the Contractor to
Coneraceor or co the Surery,that is s�cient compliance. fiunish labor,ma�eriaLc or equioment for use in che performance
of the Conccact The inieni of ehis Bond shall bc co include
6. When the Qaiman[has satisficd�he condiIIons of Para�aph 4,the Suxety without limita[ion in the tams 7abor,mataials or equipmrnt"
� shall prompcly and at the Surety's ezpense take[he following accions: thacpan of warer,gas,power,light,hea[,oil,gasoline,eelephone
6.1 Srnd an answer to the Qaimant, wi[h a copy eo chc Owner, servicc or iencal equipment used in the Construcrion ConQac�
wichin 45 days afus reccip[of the claim,stating the amoun�s archieecuual and cng}neering xrvices required for performance
[hat are undisputcd and the basis for challenging any amounu of[he work of the Crntraccor and che Con¢actois subcon[rac-
that are dispuied. wzs, and all other iums for which a mechanic's lien may be
� 6.2 Pay or arrange for payment of any undisputed amoun�s, assened in the jurisdiction whets the laboz,maceriaLs or equi�
men[wae fumishcd.
7. The Siuety's coca!obligacion shall noc ezceed thc amouni of this Bond, 15.2 Consuvc[ion Contrecc: Tl�e agrcement beeween ehe Owner and
and the amount of this Bond shall be c:edited for any paymrnu made in the Conuactor idencified on the signawre page, including all
� good faith by the Surcry. Contacc Documcnu and changa thereto.
15.3 Owner Default:Failure of the Owner,which haz neither bu.n
8. Amoun�s owed by the Owne to the Conuactor under thc Consuuctirn remcdicd nor waived,to pay the Contraaor as required by the
Concact shall be used for the p¢formance of[he Consuvccion Contract and Consuvctioa� Concrace or to perfoxm and complete or comply
� to sacid'y claims,if any,under any Constxuc[ion Perfotmance Bond By che wi�h che othez usns chereof.
� (FOR INFORMATION ONLY - Name, Address and Tele hone
P )
AGENT or BROKER: OWNER'S REPRESEIvrI'ATIVE (Architect, Engineer or other party)
� Willis Corroon Corp. of MO
8112 Mar land Ave.
St. Louis, MO 63105 -
� (314) 721-8400
. ►
� •
�
�
State of Missouri
� County of St. Louis
�
On this 20th day of June , 19��, before me,
� Kathleen B. Reynolds, a Notary Public in and for the said County of St.
� Louis, State of Missouri, residing_therein, duly commissioned and sworn,
personally appeared CYnthid L. Hanak
,
� known to me to be the Attorney-in-Fact of the National Fire InSuranCe
� Company of Hartford the corporation that executed the
written instrument .
�
�
�
�
� Notar Public in and for the Cou y of
St. Louis, State of Missouri
� KATHLEEN B.REYNOLDS
Notary Public-Notary Seal
5fATE OF N!lwOURI
ST LOUIS COUNiY
� Ny Commi�ion Expires MAR 28,1998
�
�
�
�
� .
� �
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
� Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut carporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in
� the City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint
Gerald J. Lux, Cynthia L. Hanak, Leslie A.Johnson,James Prinsen, Robert A. Miller, David B.Arvola, Individually
�
of St. Louis, Missouri
� their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
undertakings and other obligatory instrvments of similar nature
-In Unlimited Amounts-
� and to bind them thereby as fully and to the same extent as if such instrumer�s were signed by a duly authorized officer of their corporations
and all the acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly
� adopted,as indicated, by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 27tt� day of November , 1995
� C�w�l ��a CONTINENTAL CASUALTY COMPANY
� �,�� 1. Qp�. '��, �cS��0�4� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�, ��� � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
�, � ��'��mr°�to �
� ' g lULY 71,
�v SFJ�L � �'`�; � � � � d�'
1897 � �� � -
� M.C.Vonnahme Group Vice President
Shate of Illinois, County of Cook, ss:
� On this 27th day of November , 1995 , before me personally came
M. C.Vonnahme ,to me known,who, being by me duly swom,did depose and say:that he resides in the Vllage of Darien State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he
� knows the seals of said corporations;that the seals affixed to the said instrument are such corporate saals;that they were so affixed pursuant to
autt�ortty given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges
same to be tfie act and deed of said corporations.
� Op,G. D A
? �'
� NOTARY '
PUBLIC �, /R J V•
f�}Ip'
� co ``\
°k co•�
My Commission Expires October 19; 1998 Linda C. Dempsey Notary Public
� CERTIFICATE
I,John M. Littier ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
� HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
m�s 20thday of June , 1996 .
� CONTINENTAL CASUALTY COMPANY
��,G�w�r� �. N1�UR'�+�, ��"r°`qr NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�, ��� � �,���� � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
> , � �utr n,
J SEAL 'C �'�. = � Il02 �
� �k � �
�e9� � •
John M.Littler Assistant 5ecretary
(Rev.7/14/95)
r ,
. �Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: ' �
This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article IX—Execution of Documents �
Section 3.Appointrnent of Attomey-in-fact The Chairman of tfie Board of Directors,tfie Presiderrt or any Executive, Senior or
Group Vice President may,from time to time,appoint by written certificates atbomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject
to tfie limitations set forth in their respective certificates of authority,shall have full power to bind tfie Company by Uieir signature and �
execution of any such instruments and to attach the seal of the Company thereto.The ChaiRnan of tfie Board of Direcbors,tfie President
or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously
given to any attomey-in-fact ,
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board � ;
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. �
"Resolved,that the signature of the President or any Executive,Senior or Group vice President and the seal of the Campany may
be aifaed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the �
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.My such power so executed
and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
�
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attome is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors �
Y
of the Company.
"Article V�—Executlon ot Obligations and Appofntment of Attorneyan-Fact �
Section 2.Appointrnent of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice Presiderrt may,from time to time,appoint by written certificates attomeys-in-fact to act in behaff of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such �
instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group�ce President may at any time
revoke all power and atrtt�ority previously given to any attomey-in-fact."
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. E {
"Resolved,that the signature of the President or any Executive, Senior or Group vice President and the seal of the Company may �
be affixed by facsimile on any power of attomey granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of tfie
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any �
power or certificate beanng such facsimile signature and seal shall be valid and binding on tt�e Company.Any such power so executed and
sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue
to be valid and bi�ding on tt�e Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: �
This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 �
by the Board of Direcbors of the Company.
"RESOLVED:That the President,an Executive Yce Presiderit,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint, by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, �
undertakings and other obligatory instrvments of like nature. Such Attomey-in-Fact,subject to tl�e limitations set forth in their respective
certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive�l�ce President,any Senior or Group VCe President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey-in-Fact" �
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by tfie Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of tfie President,an Executive Vice President or any Senior or Group Vice President and the seal of the �
Corporation may be affnced by facsimile on any power of attomey granted pursuant bo tt�e Resolution adopted by tliis Board of Directors on
February 17, 1993 and the signature of a Secretary or an Assistarrt Secretary and the seal of the Corporation may be affixed by facsimile to
any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on tfie
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall witl�respect to any bond or �
undertaking to which it is attached,continue to be valid and binding on the Corporation."
. �
�. . '
�
CITY OF CAPE GIRARDEAU
� RECREATION TRAIL
ISTEA ENHANCEMENT FUNDS STP-1500 (002)
� PHASE II
BID FORM
� (EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: The construction of 1,777.5 linear feet of 8'
� pavement for a recreation trail in the City of Cape
Girardeau, including a foot bridge, retaining wall,
gabion baskets and all necessary appurtnances.
�
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
� 401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63701-6244
� 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into
an agreement with OWNER in the form included in the Contract Documents to perform
� and furnish all Work as specified or indicated in the Contract Documents for the Bid Price
and within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
� 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to
Bid and Instructions to Bidders, including without limitation those dealing with the
� disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days
after the day of Bid opening. BIDDER will sign and deliver the required number of
counterparts of the Agreement with the Bonds and other documents required by the
� Bidding Requirements within fifteen days after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
� that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the
� following Addenda, receipt of all which IS Il@P2I�)/ aCkIIOWI@CJg@C�: �List Addenda by Addendum
Number and Date)
� Add. #1 Dated 4-24-96
�
� BF-1
�
�• � '
� b BIDDER has visited the site and becom f
O e amiliar 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 BtDDER 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
� BF-2
�
�` � •
� for erformin and furni hi
p g s ng 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) (Any other representation required by Laws and Regulations.)
4. BIDDER will complete the Work in accordance with the Contract Documents for the
� following price(s):
UNIT PRICE BID
�
NO ITEM UNIT EST. UNIT TOTAL
� QTY. PRICE EST.
PRICE
� 1 Tree &Stump Removal Each 2 $ 190.00 $ 380.00
2 Excavation Class B C.Y. 237.2 $ 2.50 $ 593.00
� 3 Earth Borrow C.Y. 505 $ 5.40 $2,727.00
4 Pavement Removal S.Y. 29.3 $ 9.00 $ 263.70
� 5 Grading S.Y. 2,845 $ 0.65 $1,849.25
6 P.C.C. Pavement 4" Thick S.Y. 120 $ 40.00 $4,800.00
� 7 H.M.A.C.Pavement 4" Thick S.Y. 1,473 $ 6.00 $8,838.00
8 Tack (0.3 gal. / sq. yd.) Gal. 474 $ 1.00 $ 474.00
� 9 Type 2 Aggregate Base 4" Thick S.Y. 1,580 $ 2.60 $4,108.00
� 10 2' Thick Rip-Rap Blanket S.Y. 550 $ 25.00 �3,750.00
11 Gabion Retaining Wall Each 66 $ 250.00 �6,500.00
� 12 30" R.C.P. L.F. 20 $ 40.00 $ 800.00
13 30" Flared End Sections Each 2 $ 850.00 $1,700.00
� 14 12" Thick Retaining Wall L.S. 1 �6,000.00 �6,000.00
� BF-3
�
�, � ,
�
15 Privacy Fence L.F. 135 $ 30.00 $4,050.00
� 16A Footbridge with Abutments L.S. 1 $ No Bid $ No Bid
16B Alternate Premanufactured L.S. 1 $8,000.00 $8,000.00
� Footbridge with Abutments
17 Erosion &Traffic Control L.S. 1 �1,000.00 �1,000.00
� 18 Seed and Mulch Acre 0.25 $6,000.00 $1,500.00
� 19 Zoysia Grass Sod S.Y. 250 $ 5.00 $1,250.00
Total Base Bid for all Unit Prices:
� Items 1 thru 15, 16A, and 17 thru 19 S No Bid
Total Base Bid for all Unit Prices:
� Items 1 thru 15, 16B, and 17 thru 19 S 128,582.95
� 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 120 calendar
days after the date when the Contract Times commences to run as provided in
paragraph 2.3 of the General Conditions, and completed and ready for final payment
� in accordance with paragraph 14.13 of the General Conditions within 135 calendar
days after the date when the Contract Times commences to run.
� BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work within the times specified in the Agreement.
� 6. The following documents are att7ched to and made a condition of this Bid:
� (a) Required Bid Security in the form of bid bond or cashiers check
(b) Required BIDDER'S Qualification Statement with supporting data.
� 7. Communications concerning this Bid shall be addressed to:
� Name Howard Hemmann, P.E. Penzel Construction Comqanv, Inc.
� BF-4
�
�r. • e
� Address Jackson MO 6 7
3 55
� (a) Performance and Payment Bonding Company
� Name _ National Fire insurance Companv of Hartford
Address 1010 Market Street, St. Louis MO 63101
� Agent\Power of Attorney Name (if used) Cvnthia L. Hanak
� Address 1010 Market Street, St. Louis, MO 63101
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 April 25 , 19 96 .
� State Contractor License No. 93676
� 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.:
�
� BF-5
�
�• ' •
� A Cor oration
� By Penzel Construction Companv Inc. (SEAL)
(Corporation Name)
Missouri
� �, tate o Incorporati n)
�
BY — (SEAL)
� t�arl G. Pef�zel (Name of Person Au horized to Sign) _
Presidef�tt
(i itle)
� (CorporatF: Seal) _
Attest v''��%1, �l/� -� �-��>. � , ,
� � ' (Secretary) '
Business address: 325 W. Jacks!�n Blvd., P.O. Box 330, Jackson, MO 63755
�
Phone No.: 573-243-8191
� Date of Qualification to do business is 12-18-58
� 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
�
�• • • � 1
� PENAL SUM FORM
BID BOND
�
BIDDER(Name and Addressl:
� Penzel Construction Companv Inc.
325 West Jackson Boulevard
Jackson, Missouri 63755
� SURETY�Name and Address of Principa/ P/ace of Businessl•
National Fire Insurance Companv of Hartford
1010 Market Street
� St. Louis, Missouri 63101
OWNER�Name and Addressl:
� Citv of Caae Girardeau
401 Indeaendence Street
Cape Girardeau, Missouri 63703
� BID
BID DUE DATE: April 25, 1996
PROJECT fBrief DesCription Including Locationl:
� Asphalt Pavement. Footbridae, Conc. Retainin Wall Gabion Baskets Excavation
Clearing, Seeding and Soddin�
� BOND
BOND NUMBER: N/A
DATE: lNot later than Bid Due Date): _April 25, 1996
� PENAL SUM: Five Percent of Bid (5% of Bid)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed
� on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized
officer, agent, or rpresentative.
BIDDER SURETY
� Penzel Constructi n Com an. lnc. _ --(�alT _ National Fire Insurance CompanV of Hartford(Seap
Bidder' me d Co porat� 5eal � Surety's Name and Corporate Seal
� By• __ ' ' B
Signature and Title Carl C.�6t�z�1, PC icFent - = Signatu and Tit�e (Attach Power of Attorney)
Z. ,y� -^ Cynthia L. nak (� /��
Attest: �'—a,f?K��/ .-�i�-��r C/�:-c� ��,�'_r�c.r . witness: �.�ii��� -- )vrG�".�C,1�
� Signature and � le - Signature and Title
� NOTE: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where
applicable.
� EJCDC N0. 1910-28-C(1990 Edition)
� BB-1
�
. • , . , r
State of Missouri
County of St . Louis
On this 25th day of April , 19 96 , before me,
Kathleen B. Reynolds, a Notary Public in and for the said County of St.
Louis, State of Missouri, residing therein, duly commissioned and sworn,
personally appeared Cynthia L. Hanak
,
known to me to be the Attorney-in-Fact of the National Fire Insurance
Company of Hartford the corporation that executed the
written instrument .
,
No ary Public in and for the County of
St. Louis, State of Missouri
KATHLEEN 8.REYNOLDS
Notary Public-I�otary Seal
5iATE OF M!v..��URI
S7 LOUIS COUNTY
My Commission Exp(res MqR yg, �qq8
. , , .
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporetion, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constit�rte and appoint
Gerald J. Lux, Cynthia L. Hanak, Leslie A.Johnson,James Prinsen,Robert A. Miller, David B.Arvola, Individually
of St. Louis, Missouri
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instrumerrts were signed by a duly authorized officer of their corporations
and all the acts of said Attomey,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly
adopted,as indicated, by the Boards of Directors of the corporations.
In Wltness Whereot,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 27th day of November , 1995
CONTINENTAL CASUALTY COMPANY
2,�rY���r� � ��R'�A�.F, ����'u'Qr NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�, ��� � �i,,����, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
o ' � ' a S )UlY 71. �
v SEAL �r � � � �sot �.s
� ��
1897 • .
M.C.Vonnahme Group�ce President
State of Illinois, County of Cook,ss:
On this 27th day of November , 1995 , before me personally came
M.C.Vonnahme ,to me known,who, being by me duly swom,did depose and say:that he resides in the vllage of Darien , State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed tfie above instrument;that he
knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges
same to be the act and deed of said corporations.
��,. D
�O
�
� �
P�UBtlC �,_ •/� // .
�o ���
!/NO' V
ok Co.
My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public
CERTIFICATE
1,John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attomey herein
above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affoced the seals of the said corporations
this 25�i� dayof April 1996.
CONTINENTAL CASUALTY COMPANY
�'Y��T� Jr. ��R'�A�, ��'��"�r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
Q°� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
� �°"n� a�
� • ' � a `��T� �
� /11LY 71. #
�t� $EAL � � � 1lOt �.1
�e�T � N� •
John M.Littler Assistant Secretary
(Rev.7/14/95)
_ „ , . ,
Authorizing By-Laws and Resolutions �
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: "
This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article IX—Executlon of Documents
Section 3.Appointrnent of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject
to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instrumeMs and to attach the seal of the Company thereto.The Chairman of the Board of Directors,tfie President
or any Executive, Senior or Group Vice President or the Board of Directors, may,at any time,revoke all power and authority previously
given to any attomey-in-fact.
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Direcbors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"ResoNed,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affoced by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistarrt Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.My such power so executed
and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on tfie Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article VF—Executlon ot Obligatlons and Appolntment of Attorney-In-Fact
Section 2.Appointrnent of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey-in-fact."
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group vice President and the seal of tlie Company may
be affixed by facsimile on any power of attomey granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.My such power so executed and
sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue
to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993
by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive vice Presiderrt,any Senior or Group Vice Presiderrt or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey-in-Fact."
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the Presiderrt,an Executive�ce Presiderrt or any Senior or Group vice President and the seal of tfie
Corporation may be affixed by facsimile on any power of attomey granted pursuaM to the Resolution adopted by this Board of Directors on
Fabruary 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to
any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation.My such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,corrtinue to be valid and binding on the Corporation."
�` � •
� 1. Bidder and Surety,jointly and severally,bind them- deemed to be effective upon receipt by the party
selves,their heirs,executors,administrators successos concerned.
� and assigns to pay to Owner upon default of Bidder
the penal sum set forth on the face of this Bond. 9. Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing
2. Default of Bidder shall occur upon the failure of the authority of the officer,agent or representative
� Bidder to deliver within the time required by the Bid- who executed this Bond on behalf of Surety to exe-
ding Documents the executed Agreement required by cute,seal and deliver such Bond and bind the Surety
the Bidding Documents and any pertormance and thereby.
payment bonds required by the Bidding Documents
� and Contract Documents. 10. This Bond Is intended to conform to all appticable
statutory requirements. Any Applicable requirement of
3. This obligation shall be null and void if: any applicable statute that has been omitted from this
3.1 Owner accepis Bidder's bid and Bidder deliv- Bond shall be deemed to be included herein as if set
� ers within the time required by the Bidding forth at length. If any provision of the Bond conflicts
Documents (or any extension thereof agreed with any applicable provision of any appiicobie stat-
to in writing by Owner)the executed Agree- ute,then the provision of said statue shall govern and
• ment required by the Bidding documents the remainder of this Bond that is not in conflict there-
• . and an�pertorri�ance•and payment bonds ' •�• . , wifh shall con4inue fn full force and ef#ect. � • • • •
� ' required by the Bidding Documents and Con-
tract Documents,or 11, fie term `bid'as used herein includes a bid,offer
or proposal as applicable.
� 3.2 All bids are rejected by Owner, or
3.3 Owner fails to issue a no'ice of awa!d to Bid-
der within the time specified in the Bidding
D�o��E�ts;.(:or:arry extension<�thereof.,agreed ° _ - . ;:-
:.. ..,
, ,,: ..,.
to in writing by Bidder and,if applicable,
� consented to by Surety when required by
paragraph 5 hereofl
� 4. Payment under this Bond wi�f be due and payable
upon default of Bidder and within 30 calendar days
<after�eceipt by Bidder and Surety of writtert notice of ,
default from Owner,which notice will be given with
� reasonable promptness,identifying this Bond and the
ProJect and including a statement of the amount d�e.
5. Surety waives notice of and any and all defenses
� based on or arising out of any time extension to issue
notice of award agreed to in writing by Owner and
Bidder,provided that the time for issuing notice of
award including extensions shall not in the aggregate
� exceed 120 days from Bid Due Date without Surety's
wriiten consent.
6. No suit or action shali be commenced under this
� Bond prior to 30 caiendar days affer the notice of
default required in paragraph 4 above is received by
Bidder and Surety,and in no case later than one year
after Bid Due Date.
� 7. Any suit or action under this Bond shall be com-
menced only in a court of competent jurisdiction lo-
cated in the state in which the Project is Iocated.
� 8. Notice required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be
� sent by personal delivery,commercial courier or by
United States Registered or Certified Mail,return re-
ceipt requested,postage pre-paid,and shall be
� EJCDC NO. 1910-28-C (1990 Edition) gg-2
�
�• � •
� COUNTY CAPE
GIRARDEAU
� ROUTE
PROJECT STP--1500 (002)
�
STATE OF MISSOIIRI )
� ) SS.
COUNTY OF CAPE GIRARDEAU )
CARL G. PENZEL
� being first duly sworn, deposes and says that he is ,
PRESIDENT of PENZEL CONSTRIICTION COMPANY, INC.
�
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 collusiori, or othrwise taken any action in
� restraint of free competitive bidding in connection with such bid
or any contract which may result from its acceptance.
Affiant further certifies that bidder is not financially
� interested in, or financially affiliated with, any other bidder
for the above project .
� `
BY
� CARL G. PENZEL, PRESIDENT
BY
�
Sworn to before me this 25th day of April , 19 96 .
� __.J .,f _ -. -
,J�,/' �/ `f
i/ 'rl''��{' X/. ^l�ry:�''S'L'
tary Public�� : . �
� ��-�Y •,. r-��„�. r,rf-.-:� . . -.�_.r �
cornnnr�sioa::�:� �r;r;,:�r �ti�- �.,,k �<<.�.00,,,,;;; -
My commission e ires AuQust 11, 1997 c,�� r q; F 4_ `+
� iA �:D �AU, STA-tE:�r iN'3`.;Oi1fi., f"Y '.bfi.`'q;:S'C-t4
� Ezn�krG t��;� 1]Y�-+ Dhv OF a:�fiv�T�79yi�, � � �
� Submittal 1
�
�+ , /
�
CONTRACTOR' S AFFIDAVIT
�
� This affidavit is hereby made a part of the Proposal, and an
executed copy thereof shall accompany each Proposal submitted.
� STATE OF MISSOURI ..)
SS
COUN'!'Y OF CAPE GIRARDEAU )
� The undersigned, CARL G. PFNZEL , of lawful age,
being first duly sworn states upon oath that he is
� PRESIDENT of PENZE_L CONSTRUCTION COMPANY, INC.
the contractor submitting the attached proposal, that he knows of
� his own knowledge and states it to be a fact that neither said
proposal nor the computations upon which it is based include any
amount of monies, estimate or allowance representing wages,
� moneys or expenses, however designated, proposed to be paid to
persons who are not required to furnish material or actually
perform services upon or as a part of th pr ed project .
�
Affiant CARL G. PEN EL,
� PRESIDENT
Subscribed and sworn to befor�e me, a Notary Public, in and for
the County and State aforesaid, this 25th day of April ,
� 19 96 .
� �EAL
- _
-
_, .� �__
{,/�?_ �f r-/-E=^--'.-c , �- �..
� Notary � ublic ✓ " , -
My commission expires : Auc�ust �1, 1�9-'���
� Pn7sY N:-r�:aav, HOTa?v ,ur;i_�:� . . �� �
CC`t�1M{3S'Ot,7E:U`!,'�NtN AtlO =0R THc C:GU?;'1'0=
� CAF:,IRnRp!;R,U, STA:!E lii- ?vt;S�✓�'F:I, KY �.O>/,:AlSo�0�1
EXPIRES riqc 31'N GAY p� A:;31°Si.!997
�
� Stzbmittal 2
�
�, � '
�
October 1977
� CERTIFICATION REGARDING EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION IN
SUBCONTRACTING
� (1) Certification with regard to Performance of Previous Contracts
or Subcontracts subject to the Equal Opportunity Clause and
the filing of Required Reports.
� The bidder PENZEL CONSTRIICTION COMPANY. INC. , proposed
subcontractor , hereby
certifies that he has X , has not , participated in
� a previous contract or subcontract subject to the equal
opportunity clause, as required by Executive Orders 10925,
11114, or 11246, and that he has X , has not , filed
� with the Joint Reporting Committee, the Director of the Office
of Federal Contract Compliance, a Federal Government
contracting or administering agency, or the former President' s
� Committee on Equal Employment Opportunity, all reports due
under the applicable filing requirements.
Note: This certification is required by the Equal
� Employment Opportunity Regulations of the Secretary of Labor
(41 CFR 60-1. 7 (b) (1) , and must be submitted by bidders and
proposed subcontractors only in connection with contracts and
� subcontracts which are subject to the equal opportunity
clause. Contracts and subcontracts which are exempt from the
equal opportunity clause are set forth in 41 CFR 60-1. 5 .
� (Generally only contracts or subcontracts of $10, 000 or under
are exempt . )
Currently, Standard Form 100 (EEO-1) is the only report
� required by the Executive Orders or their implementing
regulations .
� Proposed prime contractors and subcontractors who have
participated in a previo�as contract or subcontract subject to
the Executive Orders anci have not filed the required reports
should note that 41 CFR 60-1. 7 (b) (1) prevents the award of
� contracts and subcontracts unless such contractor submits a
report covering the delinquent period or such period specified
by the Federal Highway Administration or by the Director,
� Office of Federal Contract Compliance, U.S . Department of
Labor.
� (2) Certification with regard to intent to subcontract a portion
of the work and affirmative action to consider minority
business enterprises as potential subcontractors .
�
� Submittal 3
�
�• ' •
� A. The bidder hereb cer ifi
y t es that :
� he does not intend to subcontract a portion of the
work.
x he does intend to subcontract a portion of the
� work.
(Bidder to check appropriate box. )
� If in the affirmative, the bidder certifies that he has made
contact with potential minority business enterprise
subcontractors to affirmatively solicit their interest,
capability, and prices oxi the items he intends to subcontract,
� and shall document the iesults of such contacts .
NOTE: A bidder' s failure to submit this certification or
submission of a false certification shall render his bid
� nonresponsive.
B. If the Contractor requests pennission to sublet work, and
� has not done so during the bidding stage, he shall take
the affirmative actions required of bidders in Paragraph
A. No subletting will be approved unless the contractor
demonstrates that he has taken such affizmative action.
� C. The contractor shall designate a liaison officer who will
administer the contractor' s minority business enterprise
� program. The name, address, and telephone number of the
designated officer shall be furnished the engineer in
writing upon request .
� NOTE: The requirements contained herein are in accordance
with the Federal Highway Administration Federal-Aid Highway
Program Manual (Transmittal 164, November 3 , 1975) Volume 6,
� Chapter 4, Section l, Subsection 8, Paragraph 8c (2) (3) and
(4) .
� PENZEL CONSTRUCTION COMPANY INC.
(Com
� BY
CARL G. PENZEL
Date: 4-25-96 PRESIDENT
� (Title)
�
�
� Submittal 3
�
�• � •
�
� CERTIFICATION REGARDING DISBARMENT, ELIGIBILITY,
INDICTMENTS, CONVICTIONS OR CIVIL JUDGEMENTS
The president or authorized official of bidder, under penalty of
� perjury under the laws of the United States, certifies that,
except as noted below, the company or any person associated
therewith in the capacity of owner, partner, director, officer,
� principal investigator, project director, manager, auditor or any
position involving the administration of federal funds :
is not currently under suspension, debarment voluntary exclusion,
� or determination of ineligibility by any federal agency;
has not been suspended, debarred voluntarily excluded or deter-.
�� � � m.iried ineligib�le b�� .any �federal agency within� the past� 3 year��;�� �
does not have a proposed debarment pending; and
� has not been indicated, convicted, or had a civil judgement
rendered dgainst (it) by court of competent jurisdiction in any
matter involving fraud or official misconduct within the past 3
� years .
(Insert Exception, if any)
�
� Exceptions will not necessarily result in denial of award, but
will be considered in determining biddex' responsibility. For .any . .
exception noted, indicate below��to whom it applies, initiating
� agency, and dates of action . Providing false information may
result in criminal prosecution or administrative sanctions .
� NOTE: The above statement is part of the proposal . Signing
this proposal on the signature portion thereof shall also consti-
tute an endorsement and execution of this certification .
�
�
�
�
� BC-1
�
�.. ,
� Certification Re ardin Lobb in Activities : In accordance wi h
t
Section 391 of Public Law 101-121 the bidder, under penalty of
� perjury certifies by signing and submitting this bid or proposal,
that :
� (1) No federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
� any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into
� of any cooperative agreement, and �ne e�tension, continuation,
renewal, amendment, or modification of any federal contract,
grant, loan, or cooperative agreement . - .
� . . (2) If any� funds other than federal appropriated funds have .
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any federal
� agency, a Member of Congress, an officer or employee of Congress,
or an employee c� a Me:�er of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the
� undersigned shall complete and submit Standard Form-LLL, "Disclo-
sure Form to report Lobbying, " in accordance with its instruc-
tions .
� This certification is a material representation of fact upon
which reliance was placed when this t.ransaction was made or
entered into . Submission of this certification is a prerequisite
� for making or entering into this transaction imposed by Section
1352, Titl.e 31, U. S . Code . Any person who fails to file the
� � required cer'tification shall be' subject to a ci'vil pen�alty of not
� less than $10, 000 and not more than $100, 000 for each such
failure .
The bidder also agrees by submitting this bid or proposal
� that they shall require that the language of this certification
be included in all lower tier subcontracts, which exceed $100, 000
and that all such subrecipients shall certify and disclose
� accordingly.
�
�
�
� BC-2
�
�y ' '
�
October 1988 Sheet 1 of S Part A
� DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS
�� PART A
� POLICY
It is the policy of the U.S. Department of Transportation and the Missouri
Highway and Transportation Department that businesses owned by socially and
� economically disadvantaged individuals (DBE's) as defined in 49 CFR Part 23
have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds. Consequently, the require-
ments of 49 CFR Part 23, and Section 106(c) of the Surface Transportation and
� Uniform Relocation Assistance Act of 1987 apply to this contract.
OBLIGATION OF THE CONTRACTOR TO DBE'S
� The contractor agrees to insure that DBE's have the maximum opportunity to
participate in the performance of this contract and any subcontract financed
in whole or in part with Federal funds. In this regard the contractor shall
take all necessary and reasonable steps to insure that DBE's have the maximum
� opportunity to compete for and perform contracts. The contractor shall not
discriminate on the basis of race, color, age, national origin, or sex in the
performance of this contract or in the award of any subsequent subcontract.
� BANKING SERVICES
The contractor is encouraged to use the services of banks owned and controlled
by socially and economically disadvantaged individuals.
� GEOGRAPHIC AREA FOR SOLICITATION OF DBE'S
The contractor shall seek DBE's in the same geographic area in which the
� solicitation for subcontracts and materials is made. If the contractor cannot
meet the goals using the DBE's from this geographic area, the contractor shall
as a part of the effort to meet the goal, expand the search to a reasonable
wider geographic area.
� DETERMINATION OF PARTICIPATION TOWARD MEETING THE DBE GOAL
DBE participation shall be counted toward meeting the goal as follows:
� a. Once a firm is determined to be an eligible DBE, the total dollar value
of the contract or subcontract awarded to the DBE is counted toward the
goal.
� b. The contractor may count toward the DBE goal a portion of the total
dollar value of a subcontract with a joint venture eligible under the
DBE standards equal to the percentage of the ownership and controls of
the DBE partner in the joint venture.
� c. The contractor may count toward the DBE goal, expenditures to DBE's who
perform a commercially useful function in the contact. A DBE is
considered to perform a commercially useful function when responsible
� for execution of a distinct element of the work of a contract and the
carrying out of the responsibilities by actually performing, managing,
and supervising the work involved.
� d. The contractor may count toward the DBE goals 60 percent of its expendi-
tures for materials and supplies required under contract and obtained
from a DBE regular dealer, and 100 percent of such expenditures to a DBE
manufacturer.
� FA-22
�
�D R
�
Sheet 2 of 5 Part A
� (1) A regular dealer is a firm that owns, operates, or maintains
a store, warehouse or other establishment in which the
� materials or supplies required for the performance of the
contract are bought, kept in stock, and regularly sold to
the public in the usual course of business. To be a regular
dealer, the firm must engage in, as its principal business,
and in its own name, the purchase and sale of products in
� question.
� (2) A regular dealer in such bulk items as steel, cement,
gravel, stone and petroleum products need not keep such
products in stock, if it owns or operates distribution
equipment. Brokers and packagers shall not be regarded as
manufacturers or regular dealers within the meaning of this
� section {i.e., a truck hauler is a regular dealer when the
firms own, operate, and maintain or leases, operate and
maintain the distribution equipment for the delivery of the
above products to the public in the usual course of busi-
� ness. Ad hoc performance for one contractor or select group
of contractors does not qualify as a regular dealer) .
(3) A manufacturer is a firm that operates or maintains a fac-
� tory or establishment that produces on the premises the
materials, or supplies obtained by the contractor (i.e., a
supplier who produces goods from raw materials or substan-
tially alters them before resale) .
� e. A contractor may count toward the DBE goals the following expendi-
tures to DBE firms that are not regular dealers or manufacturers:
� (1) The fees charged for delivery of materials and supplies
required on a job site (but not the cost of the materials
and supplies themselves) when the hauler, or trucker is not
also the manufacturer of or a regular dealer in the materi-
� als and supplies, provided that the fee is determined by the
Missouri Highway and Transportation Department to be reason-
able as compared with fees customarily allowed for similar
services.
� GOAL FOR THE AMOUNT OF WORK TO BE AWARDED TO DBE'S
The following goal has been established for this contract. The dollar value
� of work, supplies, and services will be based on the amount anticipated to be
paid to DBE's. For firms owned and controlled by socially and economically
disadvantaged individuals (DBE's) the goal for the amount of work to be
awarded is l00 of the total contract price.
� Failure to meet the contract oal or to furnish documentation acce table to
the Commission of efforts to meet this oal ma be cause for re 'ection of the
bid.
� REPLACEMENT OF DBE SUBCONTRACTORS
The contractor shall make good faith efforts to replace a DBE subcontractor
� who is unable to perform satisfactorily with another DBE subcontraCtor.
Replacement firms must be approved by the MHTD.
� FA-23
�
�� �
r.
� Sheet 3 of 5 Part A
� DOCUMENTATION OF GOOD FAITH EFFORTS TO MEET THE DBE CONTRACT GOAL
Good faith efforts to meet the DBE goal may include such items as, but are not
limited to the following:
� (1) Attended a pre-bid meeting, if any, scheduled by the Depart-
ment to inform DBE's of contracting and subcontracting
opportunities.
� (2) Advertised in general circulation trade association and
socially and economically disadvantaged business directed
media concerning the subcontracting opportunities.
(3) Provided written notice to a reasonable number of specific
� DBE's that their interest in the contract is solicited, in
sufficient time to allow the DBE's to participate effec-
tively.
(4) Followed-up on ir►itial solicitations of interest by contact-
� ing DBE's to detennine with certainty whether the DBE's were
interested.
(5) Selected portions of the work to be performed by DBE's in
order to increase the likelihood of ineeting the DBE goal
� (including, where appropriate, breaking down contracts into
economically feasible
units to facilitate DBE participation) .
(6) Provided interested DBE's adequate information about plans,
� specifications and requirements of the contract.
(7) Negotiated in good faith with interested DBE's, not reject-
ing DBE's as unqualified without sound reasons based on a
thorough investigation of their capabilities.
� (8) Made efforts to assist interested DBE's in obtaining bond-
ing, lines of credit or insurance required by the Department
or by the bidder.
(9) Made effective use of the services of available disadvan-
� taged business organizations, minority contractor's groups;
local, state and Federal disadvantaged business assistance
offices; and other organizations that provide assistance in
the recruitment and placement of DBE's.
� The undersigned certifies that the following steps have been taken
to obtain DBE participation:
� 1. Sent letters of request to potential DBE subcontractors and
material suppliex�s.
2 . Phoned and talked with various subcontractors describing the
� work and discussing possible bid package.
3 . Talked with every DBE contractor available to try & get
prices on this project_
� 4 .
�
�
� FA-24
�
�' .
�
SPECIALTY ITEM Sheet 4 of 5 Part A
� Subcontract work awarded to DBE subcontractors not
specified in the proposal or the amount designatedtinetheec�ontract�bytthe
� contractor whichever is less and not to exceed a total of 200 of the contract
will be considered specialty items under the provisions of Sec 108.1.1.
� VERIFICATION OF DBE PARTICIPATION
Prior to release of retained percentage, the contractor shall file a list with
the Commission showing the DBE's used and the work performed. The list shall
� show the actual dollar amount paid to each DBE that is applicable to the
percentage participation established in the contract. Failure on the part of
the contractor to achieve the DBE participation specified in the contract may
result in sanctions being imposed on the Department for noncompliance with
� Section 49 CFR, Part 23, and Section 106(c) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987. If the total DBE participation is
less than the contract goal stated by the Commission, the Commission may
sustain damages, the exact extent of which would be difficult or impossible to
� ascertain and therefore in order to liquidate such damages, the monetary
difference between the amount of the goal stated by the Commission and the
amount actually paid to the DBE's for performing a commercially useful
function will be deducted from the contractor's payments as liquidated
� damages. If the contract is awarded with less than the contract
by the Commission, that amount shall become the contract 5oa1 stated
used to determine liquidated damages. No such deduction will be madelwhen,
for reasons beyond control of the contractor, the stated DBE participation is
not met.
� BIDDING PROCEDURE
The bidder shall complete the information required under Part A and submit
� with the bid proposal. Failure to submit the com leted Part A with the bid
proposal mav be cause for reiection of the bid Part B shall be completed and
subm�.tted wa.th the bid proposal or delivered by the low and second low bidder
within three working days after the letting date. No extension of time will
� be allowed for any reason.
Failure to deliver the completed and executed Pat B shown DBE participation of
not less than that specified by the bidder in Part A by 5:00 p.m, on the third
� working day after the letting will be cause for rejection of the low bid and
the proposal guaranty will become the property of the Commission. The
proposal guaranty of the second low bidder will be retained under the same
conditions until the Commission has determined that the award will not be made
� to the second low bidder_
If Part B is not submitted with the bid, it shall be delivered directly to the
Surveys and Plans Division, Missouri Highway and Transportation Department
� Headquarters Building, Jefferson City, Missouri.
�
�
� FA-25
�
. �
� `
�
Sheet 5 of 5 Part A
� PARTICIPATION BY DBE'S (MUST COMPLETE AND SUBMIT WITH PROPOSAL)
The bidder agrees to utilize DBE's as follows:
� DBE PARTICIPATION 10 % OF TOTAL
CONTRACT
� PENZEL CONSTRIICTION COMPANY, INC
Y�
� $Y
CARL G. PENZEL
Date: 4-26-96 PRESIDENT
� (Title)
�
�
�
�
�
�
�
�
�
�
� FA-26
�
e
� _ ,
w
�
Sheet 1 of 1 PART B
� DISADVANI'AGED BUSINESS ENTERPRISE CONTRACT PROVISIONS
(PART B)
IDENTIFICATION OF PARTICIPATING DBE'S
� The undersigned submits the following list of DBE's to be used in accomplish-
ing the work of this contract. The work, supplies or services, applicable
value, and percent of total contrac::t each DBE is to perform or furnish is as
� follows:
DBE °s of
� Contractor Description $ Value of Dollar Value Amount
or Supplier of work Work, Applicable Applica- s of
(Name and Supplies or Supplies or to DBE ble to DBE Total
Address) Services Services Goal Goal Contracts
� 1. D & S Fencing Co., Inc.
13291 State Road CC
� DeSoto, MO 63020
Chain Link Fence 4,050.00 100"s 4,050.00 3.15's
� 2. Juarez Petroleum Products Co.
P.O. Box 1816, Sikeston, MO 63801-1816
F1zrn. Asph. Prod. 1,250.00 100e 1,250.00 0.97e
� 3. Rose Concrete Products Co.
733 Rose Con Road
Scott City, MO 63780
Concrete Pipe 792.00 1000 792.00 0.620
� 4_ Boone Const. Mat'1 & Supply Co.
P.O. Box 853
Columbia, MO 65205
Gabion Baskets 4,680.00 60% 2,808_00 2.18%
� 5. S.E.M.O. Ready-Mix Co.
1727 Westridge Drive, Cape Girardeau, MO 63701
Ready-Mix Conc. 3,958.30 100°> 3,958.30 3.08°s
� TOTAL DBE PARTICIPATION $12,858.30 10.00°s
� PENZEL CONSTRUCTION COMPANY INC.
(C pan
� DATE: 4-26-96 By: PRESIDENT
(Signature) (Title)
�
�
� FA-27
�
CITY OF CAPE GIItARDEAU
RECREATION TRAIL
ISTEA ENHANCEMENT FUNDS STP-IS00 (002) PHASE II
ADDENDUM #1
April 25, 1996
The following revisions have been made to the above named Contract Documents:
The bid date has been extended to Tuesday, April 30, at 10:00 A.M. at the
Office of the City Engineer, City Hall, 401 Independence street, Cape �
Girardeau, Missouri, 63701.
On page BF-3 a.nd BF-4 of the Bid Form, please make the following corrections:
Item # 3 Change Unit: S.Y. to C.Y.
Item # 5 Change Estimated Quantity: 5,532 to 2,845
Item #10 Cl�ange Unit: S.F. to S.Y.
C`hange Fstimated Quantity: 214.8 to 550
On page BF-4 of the Bid Form, please submit one Total Base Bid for either Alternate A
or Altemate B.
Please make these revisions on pages 6, 7, 8, 9, and 12, of the Speci6cations for this project:
S-6 VIII. Concrete Bridge Abutments Please add:
G. Aggregate backfill behind bridge abutments should be 1'-2' wide along the
entire length. Height should allow adequate topsoil for seeding.
S-7 IX. Structural Concrete Please add:
F. Aggregate backfill behind retaining wall should be 1'-2' wide along the entire
length. Height should allow adequate topsoil for seeding.
S-8 X. Fencing Ylease add:
D. Posts may be installed using U-bolts as shown on Sheet 4, or by placing
sleeves in the wall.
S-9 XII. Gabions Please substitute this sentence:
B. l. The baskets shall be made of hexagonal triple twist or welded joint
mesh with heavily galvanized steel wire.
S-12 XII. Gabions Please substitute these sentences:
E. The quantity to be paid for each gabion basket under this item shall be
measured in its final position within the payment limits shown on the plans.
F. The unit price bid, per basket, sha11 include the cost of furnishing all labor, �
materials and equipment necessary to complete the work.
This addendum must be signed and attached to your Bid Documents.
( 1 � �
V� Date `2�"�
P�NAL SUr�� FORM
BID BC�ND
��ERtNcme�3r d��[e�s�
Penzel Construction Com n
Jack issouri 637 5
R m n Prr� R f
Nationa F�re Insurance Com an of Hartford
1010 Mar et Street
t. Lou�s, Missouri 63101
t�eMN�4�CC���e a,�d siddre�:
City of Cape Girardeau
401 Independence Street
e irardeau ri 6370
BID
B!D DUE DATE; A�ril 25, 1996 _
Pf�0.1ECT C&lef Descr�ptlar�lnctcidfn�to�atfory,
Asphalt Pavement, Footbridqe, Conc Retaininq all , Gabbion�askets.__
Excavation, Clearinq, Seedinq and Soddinq
��ND NUMBER; N A
DATE: (Not lcrfer tha� 8!d D��e Dat�): -Aa�i 1 25 1996 —
�ENALSUN;: FiY�; e�rcent ofi Bia � (5%.�f.�id)
,
,.
W WiTNES3 WFiEREOF,bUr��artci Sidder,Ir,tend!n�.ra�a`lepa�N, bound t�ere�y,auoJad to tt�e tonma pr;nTed on tt�e
ra�,rerse ald�herao;,do each cq�lar,ihls Btd Bcn�to be du�y�l�ecvTed on ita beha�f by Ita author�ed o�lcar,a�ent,ot
r�xaser�tative. -
BIDDcR - :t _ ' " , SU�EfY • , .
Penzel Construction Company,'�Inc.;� National Fire Insurance Company.,��Hartford
�-, r t� � -
s��dera Nc�ne nd c�rporate saa� su h�'a Name and CC�porate Se - ;� <�:�
' ` , ". ��;� -
81'. . �/ .1__ ti. , gy, , . :
S,�rt�ture ancf Tlt1e Carl . Penzel, President �!?�8an�n��anak �ttach Power o:At'�me1�
t,y��
/
�ttest; ���v-� ,�/: ���'��' xaa�� Wi tness .
Slgnature anC Tit�e patsy H. Terry, Secretary �G��'Q ora�it'� \
NOTE: CI) Above odGre�es ara to be uaed br piving roqulred rwtice.
C2? Arry alnfl��;a� raherancs tt�8iddcr,�rety. �er or othor perty ahail be condde�ad plurol whare
Op(JIICCb►e. ,
� � , i qtt on)
Bg-.1
i. Bidder cnd SLretY,IOIryTfY arG'6eV8fCIIy.IJUiQ'i19f'1' C�69fT1Atl 1p b8 9ff0Ctiva �pon recslpt by sne pa!ty
sefves,t'�elr heira. oxxutors,adminlil7oraro s�ccoasca Conccrnofl.
and oss'pns ta poy to Otvner u,.on defc_;tt of 3'dder
�he penal sum eei torth on tho`oca of thl�Bond, 9, ��8tysna'.i cfl�xe to be ar:acned�o mts 8ond a
curre!'rt cntl ef�echve P-wor of Attomev eviCencfn�
2, Oetaukt ot 0�dder snal!oca�r upon fie fciiure ot tha authorfty ot tno ofi!cer, o6en- cr representatva
91dr�ar to delN�wtihlr ihe time requlrod 5y fie Bld- who ezecured mla 6ona� on bohalf cf 3urety ro exe-
dinp Documertts the exccu*ec AqraemerR rac�.�rsd by cute.9acl anc delver auch 3ond or� blyd ih.a Surety
the� 81dd�^g Dacumenta and ariy p0:'tor^tcr.co ord rherQby.
payment bprtCy laquireC try tt�e dlddlnQ OOcurnanta
pnc:Cpntracr DCcumarlta. 10, fis Sortp e!^tonded?o c�ntorm to aIl vppilceble
atatutOry raGulrament�. Any Appllcce�s requlrement ot
3. Thls oz3iigatton ehall be rn�l and v�ld if; any appilcad9 sratL+rs thct hc�s ba�r,a�itted from thb
9.1 Owner accepts 8lc�a�`s bld nnd 81dCer de�iv- 0ond sht�li be doemed to be Lnc!�ded heteln ae If eat
era wittlln fie tlmc rooulred by the 51C41np forfh dt 18ngi�. �f any prov�g�on af tho 3ond con�ic�a
Dacumenfa Cor any 9nfeY�slot�tt�eteot agrbed Wfth any appllCoble provision o'Cr1Y aPP!j��ble sit]t-
*o In wTttlnp by Ownet)�e executed Agree- Ute.then the prov+�of'�of sald stoiue�^cll gnvern and
tnerit�equf�8d by the�c�ding dacumanb me remo�n�er or�e��a rr,a� is r.or In cent�ct there-
orx�afr/p6rtOfmancc ar�d paymeni bonc7s wlth ahcll co►^'inus'n full force ond etfect.
r6ruited by the 9lddlnfl Docurnents cnd Con-
tract Documenta,cr 11, fie term 'bId'as :�sad herefi includes a bid. 0,*'�r
or pro��di c� appllcab!e,
3.2 All biCa af6 reJacted b+;Owner, a
3.3 Owner tal4s te lsaue o nottce of awcrd to 91d-
de�w�min the t�mo�cc�rcd in me�aa�nq
Documant�(ar ar.y exter�ai trier�of agr2ed
ro ln wrftktp by Bidder and,tt ap�licnbJe,
c�it+►d to bY SuroN wtwn requlred by
parapraph b heraot}
4, Ppymer�t undat thJt Hvnd wtll�e Cuo Cnd paycb9�
upon defourf of H{dder vnd wttnkl 34 Calandar day�
atf9r r9Celpt by 0{.:der and SUrety ot w�itten ronce at
dnfautt hom Ov�mer,wt�lch notlC�wiU be glvQr,wttt�
recs�onobae promptnaaa,Edentlfyinp thla Bond cnd tho
Prcjact and incl;�lnp a statement ot m�amount r�ue.
5, S�rery wafvaa notice of and any ard c�ll aafgrtsae
based on or arlsinp OUt ot any il,me e�ctor�clon to ia�a
notico o(oWord p�fe6d to I�wri:tng by Owner and
�7dcer,provfdod that the tlme for lawln� notice of
rnwrd includlnfl extenaJona bP1dl nOt fn tha c��r�ate
axCaed 120 daym from Bid Due Date wltrioui S�rotY's
wrtttan ca�cnt.
b, No suit a ac+.ton era!� bc cornmenced unde� m�s
Bcnd pnor to 30 calendar days t�rer ttio notica of _
��tault requ3reCs fn paragrr�ph 4 abovo Is recsived by
Blddvr and Surety.ond fn no case iater than ara yocr
atter d�d Due Date.
�. Any s.�R or action unoe�tt�ls Bond at±n! ea com-
m,enced only!n a court ot cc�mp9"erYt;url�lctinn lo-
cated I� it;e sl4t6 in wMct^,th� Projxt is lacateci.
8. Notica rec�,ir9d tlereunder ehall ea In wrttl�6 ard
aent to 8ldder and Surety at thelr rc�rrGtive odcressee
ahown on the taca of mla 6ond, S�h��cticQa mcy be
sant by paeonal dellvery,commerCai courier cu by
Un!ted 9'fofea Re�lstered Or Ct�tltted Mc!!,return re-
celpt requeatec, postape pra-palcf,and shcM n�
cJCf�C P1C. 1914-28-C (144G Edltlon} g���
State of Missouri
County of St. Louis
On this 25th day of April � 19 96 �
before me, Patricia L. Davison, a Notary Public in and for the said
County of St. Louis, State of Missouri, residing therein, duly commissioned
and sworn, personally appeared CYnthld L. Hanak �
known to me to be the Attorney-in-Fact of the National Fire Insurance
Company of Hdrtford , the corporation that executed the
written instrument.
� ` �L-/ia:Z�/1�-
Notary Public in and for the County of
St. Louis, State of Missouri
F�t�1Ce�Q..D�J1J6F�
4�OTARY PUBLIC-NOTARY S��
:•;;u i E OF�ilSSOURI,ST.LOUIS CQUn`.�,
� .;'P�4.����nM�YPIREG APR!�.`.±'-.!�"
POWER OF ATTORNEY APPOINTING INDNIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation(herein coliectively called"the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois,and that they do by virtue of the signature and seals herein a�xed hereby make, constitute and appoint
Gerald J. Lux Cynthia L. Hanak Leslie A. Johnson,James Prinsen Robert A. Miller, David B.Arvola, Individually
of St. Louis, Missouri
their true and lawful Attomey(s)-in-Fact with fuli power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly autt�orized officer of their corporations
and ail the acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duly
adopted,as indicated, by the Boards of Directors of the corporations.
In Wltness Whereof,the CNA Sureties Companies have caused tt�ese presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 27th day of November , 1995
CONTINENTAL CASUALTY COMPANY
�,�r�-G���r� ���. ��R'���, ����OFQr� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�, ��� � � �y,���rFo � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Z � g � n � �
, �u�r n.
�J SEAL � s. = < � �� �
1897 � MA� • _
M.C.Vonnahme Group vice President
State of Illinois, County of Cook, ss:
On this 27th day of November , 1995 , before me personally came
M. C.Vonnahme ,to me known,who, being by me duly swom,did depose and say:that he resides in the Vllage of Darien , State of Iliinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he
knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to
aut}�ority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges
same to be the act and deed of said corporations.
Po. D�A
2� �
�
J
N07ARY ��� � -
PUBUC
�o ���
°k Co..
My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public
CERTIFICATE
I,John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERiCAN Cr'iSUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey herein
above set forth is still in force,and further certrfy that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are sti��in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
tfiis 25tft day of Apri 1 1996
CONTINENTAL CASUALTY COMPANY
���,G�W�r� �, u15UR,��� ��+"r0`4r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
Q "` �, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
� �os�oa�rE �, � ���aar°a'or� <
Z � � � n � �
, /ULY 71,
� SEAL � .�j, = < I9o2 .s
� �
�e9i �` KaA� ` •
John M. Littler Assistant Secretary
(Rev.7/14/95)
October 1988 Sheet 1 of 5 Part A
DISADVFiNTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS
PART A
POLICY
It is the policy of the U.S. Department of Transportation and the Missouri
Highway and Transportation Department that businesses owned by socially and
economically disadvantaged individuals (DBE's) as defined in 49 CFR Part 23
have the makimum opportunity to participate in the perfo nnance of contracts
financed in whole or in part with Federal funds_ Consequently, the require-
ments of 49 CFR Part 23, and Section 106 (c) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987 apply to this contract.
OBLIGATION OF THE CONTRACTOR TO DBE'S
The contractor agrees to insure that DBE's have the maximum opportunity to
` participate in the performance of this contract and any subcontract financed
in whole or in part with Federal funds. In this regard the contractor shall
�� take all necessary and reasonable steps to insure that DBE's have the maximum
opportunity to compete for and perform contracts. The contractor shall not
discruninate on the basis of race, color, age, national origin, or sex in the
performance of this contract or in the award of any subsequent subcontract.
BANKING SERVICES
The contractor is encouraged to use the services of banks owned and controlled
by socially and economically disadvantaged individuals.
GEOGRAPHIC AREA FOR SOLICITATION OF DBE'S
- The contractor shall seek DBE's in the same geographic area in which the
solicitation for subcontracts and materials is made. If the contractor cannot
;: meet the goals using the DBE's from this geographic area, the contractor shall
as a part of the effort to meet the goal, expand the search to a reasonable
• wider geographic area_
- DETERMINATION OF PARTICIPATION TOWARD MEET_TNG THE DBE GOAL
• DBE participation shall be counted toward meeting the goal as follows:
a. Once a firm is determined to be an eligible DBE, the total dol�ar valve
of the contract or subcontract awarded to the DBE is counted to'ward the
goal.
b. The contractor may count toward the DBE goal a portion of the total
dollar value of a subcontract with a joint venture eligible under the
DBE standards equal to the percentage of the ownership and controls of
the DBE partner in the joint venture.
c. Tne contractor may count toward the DBE goal, expenditures to DBE's who
perform a commercially useful function in the contact_ A DBE is
considered to perform a commercially useful function when responsible
for execution of a distinct element of the work of a contract and the
carrying out of the responsibilities by actually performing, managing,
and supervising the work involved.
d_ The contractor may count toward the DBE goals 60 percent of its e�pendi-
tures for materials and supplies required under contract and obtained
from a DBE regular dealer, and 100 percent of such e�penditures to a DBE
manufacturer.
FA-22
Sneet 2 of S Part �,
(1) A regular dealer is a fi-m that owns, operates, or maintains
a store, warehouse or ot7er establishment in which the
materials or supplies recuired for the performance of the
contract are bought, kep;. in stock, and regularly sold to
the public in the usual course of business. To be a regular
dealer, the firm must encage in, as its principal business,
and in its own name, the purchase and sale of products in
auestion.
(2) A regular dealer in such bulk items as steel, cement,
gravel, stone and petroleum products need not keep such
products in stock, if it owns or operates distribution
• equipment. Brokers and packagers shall not be regarded as
manufacturers or regular dealers within the meaning of this
r section {i.e., a truck hauler is a regular dealer when the
firms own, operate, and maintain or leases, operate and
-- maintain the distribution equipment for the delivery of the
above products to the public in the usual course of busi-
; ness. Ad hoc performance for one contractor or select group
of contractors does not cualify as a regular dealer) .
(3) A manufacturer is a firm that operates or maintains a fac-
- tory or establishment that produces on the premises the
materials, or supplies obtained by the contractor {i.e., a
suppZier who produces goods from raw materials or substan-
tially alters them before resale) .
e. A contractor may count toward the DBE goals the following e�pendi-
_ tures to DBE firms that are not regular dealers or manufacturers:
. {1) The fees charged for delivery of materials and supplies
required on a job site (but not the cost of the materials
i and supplies themselves) when the hauler, or trucker is not
also the manufacturer of or a regular dealer in the materi-
als and supplies, provided that the fee is determined by the
Missouri Highway and Transportation Department to be reason-
. able as compared with fees customarily allowed for similar
services.
GOAL FOR THE AMOUNT OF WORK TO BE AWARDED TO DBE'S �
The following goal has been established for this contract_ The dollar value
of work, supplies, and services will be based on the amount anticipated to be
paid to DBE's. For firms owned and controlled by socially and economically
disadvantaged individuals (DBE`s) the goal for the amount of work to be
awarded is l00 of the total contract price.
Failure to meet the contract aoal or to furnish documentation acce table to
the Commission of efforts to meet this oa� mav be cause for re 'ection of the
bid. -
REPLACEMENT OF DBE SUBCONTRACTORS
The contractor shall make good faith efforts to replace a DBE subcontractor
who is unable to perform satisfactorily with another DBE subcontractor.
Feplacement firms must be approved by tne ?�'�.^D.
FF,7�-2 3
Sheet 3 0•_` 5 Part A
DOCUMENTATION OF GOOD FAITH EFFORTS TO MEET THE DBE CONTRACT GOAL
Good faith efforts to meet the DBE goal may include such items as, but are not
limited to the following:
{1) Attended a pre-bid meeting, if any, scheduled by the Depart-
ment to in�orm DBE's of contracting and subcontracting
opportunities.
(2) Advertised in general circulation trade association and
socially and economically disadvantaged business directed
media concerning the subcontracting opportunities_
(3) Provided written notice to a reasonable number of specific
DBE's that their interest in the contract is solicited, in
sufficient time to allow the DBE's to participate effec-
tively.
(4) Followed-up on initial solicitations of interest by contact-
ing DBE`s to determine with certainty whether the DBE's were
interested.
{5) Selected portions of the work to be performed by DBE's in
order to increase the likelihood of ineeting the DBE goal
(including, where appropriate, breaking down contracts into
economically feasible
units to facilitate DBE participation) .
(6) Provided interested DBE's adequate information about plans,
specifications and requirements of the contract.
(7) Negotiated in good faith with interested DBE's, not reject-
ing DBE's as unqualified without sound reasons based on a
thorough investigation of their capabilities.
(8) Made efforts to assist interested DBE's in obtaining bond-
ing, lines of credit or insurance required by the Department
or by the bidder.
(9) Made effective use of the services of available disadvan-
taged business organizations, minority contractor's groups;
local, state and Federal disadvantaged business assistance
offices; and other organizations that provide assistance in
the recruitment and placement of DBE's.
_ The undersigned certifies that the following steps have been taken
'- to obtain DBE participation:
1. SEj,i-r (,E�7Sf1-5 Ot- REQvC-:i 'TD POT}�NT�A-� D8E $�f3G0^�"�AL"rD(�S ��
M A-rC-lZ_.A-t_ s�P p c.�Ef�s. '
2• PkIaNEO A-r+o 7rt�-K-� w rT'rF V A-2�o us Sub co..,rn a-��►a rzs pEs�i�!3��c� "T}/c
wo,c,� tr�D DKc.,,ss„�b PoSS�/3�E 6,o Pf1cK�}-6'cs .
3- Tr1 uw n �;�� c-�r y D�E Co N�z�,��02 A-vA-r��Q� TD Tn�� � 6 er /'2,�S
oti 1}fis (�RoSecT,
4. `
5.
6.
7_
8 _
FA-24
SPECIALTY ITEM Sheet 4 of S Part A
Subcontract work awarded to DBE subcontractors not to exceed the amount
specified in the proposal or the amount designated in the contract by the
contractor whichever is less and not to exceed a total of 20a of the contract
`" will be considered specialty items under the provisions of Sec 108.1_1_
VERIFICATION OF DBE PARTICIPATION
Prior to release of retained percentage, the contractor shall file a list with
the Commission showing the DBE's used and the work perfonned. The list shall
show the actual dollar amount paid to each DBE that is applicable to the
percentage participation established in the contract. Failure on the part of
the contractor to achieve the DBE participation specified in the contract may
result in sanctions being imposed on the Department for noncompliance with
Section 49 CFR, Part 23, and Section 106(c) of the Surface Transportation and
Unifonn Relocation Assistance Act of 1987. If the total DBE participation is
, less than the contract goal stated by the Commission, the Commission may
sustain damages, the exact extent of which would be difficult or imrossible to
ascertain and therefore in order to liquidate such damages, the monetary
^ d.ifference between the amount of the goal stated by the Commission and the
amount actually paid to the DBE's for performing a commercially useful
function will be deducted from the contractor's payments as liquidated
damages. If the contract is awarded with less than the contract goal stated
by the Commission, that amount shall become the contract goal and shall be
used to determine liquidated daznages. No such deduction will be made when,
for reasons beyond control of the contractor, the stated DBE participation is
not met.
B IDD ING PROCEDi7RE
The bidder shall complete the information required under Part A and submit
f with the bid proposal. Failure to submit the com leted Part A with the bid
pronosal mav be cause for reiection of the bid Part B sha11 be completed and
�- submitted with the bid proposal or delivered by the low and second low bidder
within three working days after the ietting date. No extension of time will
- be allowed for any reason.
Failure to deliver the completed and executed Pat B shown DBE participation of
not less than that specified by the bidder in Part A by 5:00 p.m. on the third
working day after the letting will be cause for rejection of the low_ bid and
the proposal guaranty will become the property of the Commission: The
proposal guaranty of the second low bidder will be retained under the same
conditions until the Commission has determined that the award will not be made
to the second low bidder.
If Part B is not submitted with the bid, it shall be delivered directly to the
Surveys and Plans Division, Missouri Highway and Transportation Department
Headquarters Building, Jefferson City, Missouri_
FA-25
Sheet 5 of 5 Part A
PARTICIPATION BY DBE'S (MUST COMPLETE AND SUBMIT WITH PROPOSAL)
The bidder agrees to utilize DBE's as follows_
r DBE PARTICIPATION �0 ° OF TOTAL
CONTR.ACT
PENZEL CONSTRUCTION COMPANY, INC.
{Comp y)
i�1' l'j_
l�
By
Carl G. Penzel
Date:_ 4-26-96 President
(Title)
�
FA-26
. }
1
Sheet 1 of 1 PART g
DISADVANTAGED BUSINESS ENTERpRISE CONTRACT PROVZSIONS
(PART B)
IDENTIFICATION OF PARTICIPATING DBE'S
The undersigned submits the following list of DBE's to be used in accomplish-
ing the work of this contract. The work, supplies or services, applicable
value, and percent of total contract each DBE is to perform or furnish is as
follows:
DBE o of
Contractor Description $ Value of Dollar Value Amount
or Supplier of work Work, Applicable Applica- o of
(Name and Supplies or Supplies or to DBE ble to DBE Total
Address) Services Services Goal Goal Contracts
1. D � S Fencing Co., Inc.
_ 13291 State Road CC
DeSoto, M0. 63020
Chain Link Fence 4,050.00 100� 4,050.00 3.15�
2. Juarez Petroleum Products Co.
P.O. Bog 1816, Sikeston, M0. 63801-1816
Furn. Asph. Prod. 1,250.00 100� 1,250.00 0.97Z
�. Rose Concrete Products Co.
733 Rose Con Road
Scott City, M0. 63780
• Concrete Pipe 792.00 100� 792 00 0 62�
4. Boone Const. Mat'1 � Supply Co.
P.O. Bog 853
Columbia, M0. 65205
Gabion Baskets 4,680.00 60z 2,808.00 2.18�
S_ S.E.MO. Ready-Mig Co.
_ 1727 Westridge Street, Cape Girardeau, MO_ 63701
Ready-Mig Conc. 3,958.30 100� 3,958.30 3_08�
TOTAL DBE PARTICIPATION $ 12,858.30 10.00°
�ENZEL CONSTRUCTION COMPANY, INC.
(Co ny)
(l�' '. f
DATE: � �
_ 4- 6-96 By: ` � �� President
(Signature) (Title)
FA-27
THE AMERICAN INSTITUTE OF ARCHITECTS
--—_ _ __ _
AIA Document A312 BOND#: 141-531-520
Performance Bond
Any singular reference to Contractor, Surety,Owner or the party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principai Place of Business):
Penzel Construction Company,Inc. National Fire Insurance Company of Hartford
325 West Jackson Boulevard P.O.Box 14167
Jackson,Missouri 63755 St.Louis,Missouri 63178
OWNER(Name and Address):
CITY OF CAPE GIRARDEAU
401 INDEPENDENCE STREET
CAPE GIRARDEAU,MISSOURI 6J701
CONSTRUCTION CONTRACT
Date: J�UNE aD�l 99�p
Amount: $128,582.95
Description(Name and Location):
RECREATION TRAIL ISTEA ENHANCEMENT FUNDS STP-1500(002)PHASE II/CONSTRUCTION OF 1,777.5 LINEAL FEET OF 8'WIDE
PAVEMENT FOR A RECREATION TRAIL. WORK INCLUDES ALL GRADING,EXCAVATION,PLACEMENT OF RIP-RAP AND GABBIONS,
THE CONSTRUCTION OF A FOOTBRIDGE,RETAINING WALL,TREE AND STUMP REMOVAL AND THE RESTORATION OF ALL
DISTURBED AREAS.
Date:(Not earlier than Construction Contract Date): �v�E �,,�99�
Amount: One-Hundred-Twenty-Eight-Thousand-Five-Hundred-Eighty-Two and 95/100 dollars
( $128,582.95 )Dollars
Modifications to this Bond: ; ; �x� None , I See Page 3
CONTRACTORS AS PRINCIPAL SURETY
Company: (Corporate Seal): Company: (Corporate Seal):
Penzel Construction Company,Inc. National Fire Insurance Company of Hartford
���� � ; a
. - _ �y-�/'�
Signature: , ��Ci —_ -- _ Signature: ���_�_���1 tl��_
�
Name and Title: Carl C. Penzel, President Name and Title:
CYNTHIA L.HANAK
Attorney-In-Fact
(Any additional signatures appear on page 3)
_ -- - ------ ------------- ---- _ _ _-- — - - -------- _ - --_ _
(FOR INFORMATION ONLY-Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE
(Architect,Engineer or other party):
WILLIS CORROON CORPORATION OF MISSOURI
8112 MARYLAND AVENUE
�T3���is1��6���Os�z�
_- --------_- -- ------- _. _ __ ____ _ _ _ - -- __
_---— ___ ----
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006. THIRD PRINTING,MARCH 1987
WC Record#: 121
A312-1984 1
1. The Contractor and the Surety,jointly and severally, bind themselves,their heirs,executors,administrators,successors and assigns to the
Owner to pay for the performance of the Construction Contract,which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except to
participate in conferences as provided in Sub-paragraph:3.1.
3. If there is no Owner Default,the Surety's obligation under this bond sha�l arise after:
3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later
than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive
the Owner's right, if any,subsequently to declare a Contractor Default;and
3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor
Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph
3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or
to a contractor selected to perForm the Construction Contract in accordance with the terms of the contract with the Owner.
4. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and the Surety's expense take one of the following actions:
4.1 Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself,through its agents or through independent contractors;or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's
concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price
incurred by the Owner resulting from the Contractor's default;or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is
determined,tender payment therefor to the Owner;or
2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness,the Surety shall be deemed to be in default on this Bond
fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any redemy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4,and
the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part,without further notice the Owner shail be entitled to
enforce any remedy available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the Construction Contract,and if the Surety elects to act under Subparagraph
4.1,4.2,or 4.3 above,then the responsibilities of the Surety to the Owner shail not be greater than those of the Contractor under the Construction
Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond,but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages
on the Construction Contract,the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
6.2 Additionai legal,design professional and delay costs resuiting from the Contractor's Default,and resulting from the actions or faiiure to act
of the Surety under Paragraph 4; and
6.3 Liquidated damages,or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs,executors,administrators or successors.
8. The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9. 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 Contractor ceased working or
within two years after the Surety refuses or fails to perform its obligation 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.
_ ____ . — ---- - .. --- -_ __ _ . ___ ___ _ __ _ _ ___ _ _
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006. THIRD PRINTING,MARCH 1987
WC Record#: 121 BOND#: 141-531-520
A312-1984 2
10. Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be construed as a statutory bond and not as a common law bond.
12. DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made, inciuding allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with the
terms of the Construction Contract.
12.4 Owner Defauit: Failure of the Owner,which has neither been remedied nor waived,to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for addtional signatures of added parties,other than those appearing on the cover page.)
CONTRACTORS AS PRINCIPAL SURETY
Company: (Corporate Seal): Company: (Corporate Seal):
Signature: _ _ Signature:
Name and Title: Name and Title:
Address: Address:
____----- --------- —___ _ _-- - ----_ _ -- --- --___ __ _ _ --- — -- - _ __ __ _
_ _ ___._
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006. THIRD PRINTING,MARCH 1967
WC Record#: 121 BOND#: 141-531-520
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312 BOND#: 141-531-520
Payment Bond
Any singular reference to Contractor,Surety, Owner or the party shall be considered plural where applicable.
C�NTRACT�R(N8fT12 2f1d/�dd(2SS�: SURETY(Name and Principal Place of Business):
Penzel Construction Company,Inc. National Fire Insurance Company of Hartford
325 West Jackson Boulevard P.O.Box 74167
Jackson,Missouri 63755 St.Louis,Missouri 63178
OWNER(Name and Address):
CIN OF CAPE GIRARDEAU
401 INDEPENDENCE STREET
CAPE GIRARDEAU,MISSOURI 63701
CONSTRUCTION CONTRACT
Date: SvA1� aQl/q��C
Amount: $128,582.95
Description(Name and Location):
RECREATION TRAIL ISTEA ENHANCEMENT FUNDS STP-1500(002)PHASE II/CONSTRUCTION OF 1,777.5 LINEAL FEET OF 8'WIDE PAVEMENT FOR A RECREATION TRAIL. WORK
INCLUDES ALL GRADING.EXCAVATION,PLACEMENT OF RIP-RAP AND GABBIONS,THE CONSTRUCTION OF A FOOTBRIDGE,RETAINING WALL,TREE AND STUMP REMOVAL AND
THE RESTORATION OF ALL DISTURBED AREAS.
Date(Not eariier than Construction Contract Date): `�V,UF- ao� ,9 9�
Amount: One-Hundred-Twenty-Eight-Thousand-Five-Hundred-Eighty-Two and 95/100 dollars
( $128,582.95 )Dollars
Modifications to this Bond: �X� None �See Page 6
CONTRACTORS AS PRINCIPAL SURETY
Company: (Corporate Seal): Company: (Corporate Sea!):
Penzel Construction Company,Inc. National Fire Insurance Company of Hartford
� � /�
' ,
Signature: Signature.
�___ ------- -- ___—--- -- - ��.�ts�.`�i._�m�._�_ -
Name and Title: Carl G. Penzel, PreSident Name and Title:
CYNTHIA L. HANAK
Attorney-In-Fact
(Any additionai signatures appear on page 3)
--- -----
— -- __ -
(FOR INFORMATION ONLY-Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,
WILLIS CORROON CORPORATION OF MISSOURI
Engineer or other party):
8112 MARYLAND AVENUE
ST.LOUIS, MO 63105-3721
(314) 721-8400
_ - ---- ---___.------- —-- ---- ---_- ---- ----___ -- _ _ __ —_— -----
__ ------
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.G 20006. THIRD PRINTING,MARCH 1987
. .__ . . . _ . _-__-----__. - - ----- .. _. . ._. . ._. .
WC Record#: 121
A312-1984 4
1. The Contractor and the Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the
Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by
reference.
2. With respect to the Owner,this obligation shall be nuli and void if the Contractor:
2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and
2.2 Defends, indemnifies and holds harmless the Owner from claims,demands, liens or suits by any person or entity whose claim,demand,lien
or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract,provided the
Owner has promptly notified the Contractor and the Surety(at the address described in Paragraph 12)of any claims,demands, lien or suits to
the Contractor and the Surety, and provided there is no Owner Default.
3. With respect to Claimants,this obligation shall be nuli and void if the Contractor promptly makes payment,directiy or indirectly,for all sums due.
4. The Surety shall have no obligation to claimants under this Bond untii:
4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety(at the address described in
Paragraph 12)and sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and,with substantial
accurancy,the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
1 Have furnished written notice to the Contractor and sent a copy, or notice thereof,to the Owner,within 90 days after having last
performed labor or last furnished materials or equipment included in the claim stating,with substantial accuracy,the amount of the claim
and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or perFormed;and
.2 Have either received a rejection in whole or in part from the Contractor,or not received within 30 days of furnishing the above notice any
communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly
.3 Not having been paid within the above 30 days have sent a written notice to the Surety(at the address described in Paragraph 12)and
sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5. if a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety,that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4,the Surety shafl promptly and at the Surety's expense take the foilowing actions.
6.1 Send an answer to the Claimant,with a copy to the Owner,within 45 days after receipt of the claim,stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed.
62 Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims,if any, under Construction Pertormance Bond. By the Contractor furnishing and the Owner accepting this Bond,they agree
that all funds earned by the Contractor in the perFormance of the Construction Contract are dedicated to satisfy obligation of the Contractor and the
Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work.
9. The Surety shall not be liabte to the Owner, Claimants or others for obligation of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations
to make payments to,give notices on behalf of,or otherwise have obligations to claimants under this Bond.
10.The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdication in the location in which the
work or part of the work is located or after the expiration of one year from the date(1)on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2(iii), or(2)on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. 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 applicabie.
12. Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of
notice by Surety,the Owner or the Contractor,however accomplished,shall be sufficient compliance as of the date received at the address shown
on the signature page.
13.When this Bond has been furnished to compiy with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereform an provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be constructed as a
statutory bond and not as a common law bond.
14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor shall promptly furnish a copy of this
Bond or shall permit a copy to be made.
- ------ ------- - --- --- --_ _ -_ --..__._ _ .. -- - ---- -------
-- -_ _- -.. --
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006. THIRD PRINTING,MARCH 1987
WC Record#: 121 BOND#: 141-531-520
A312-1984 5
.
15. DEFINITIONS
15.1 Claimant:An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Contract. The intent of this Bond shail be to include without limitation in the terms
"Iabor materials or equipment"that part of water,gas,power,light, heat,oil,gasoline,telephone service or rental equipment used in the
Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's
subcontractors, and all other jurisdiction where the labor, materials or equipment were furnished.
15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the signature page, inciuding all Contract
Documents and changes thereto.
15.3 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Contractor as required by the Construction
Contract or to perform and compfete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for addtional signatures of added parties,other than those appearing on the cover page.)
CONTRACTORS AS PRINCIPAL SURETY
Company: (Corporate Seai): Company: (Corporate Seal):
Signature: _ _ _ __ __ Signature:
Name and Title: Name and Title:
Address: Address:
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party):
----.__ __ _..-- ------ —__ __----- — -- __-__ ___. — __ __
_ _ -- --_ _ -- _ _ _- -
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006. THIRD PRINTING,MARCH 1987
WC Record#: 121 BOND#: 141-531-520
A312-1984 4
,
State of Missouri
County of St. Louis
On this �p � day ot �U/JE' , 19�,
before me, Patricia L. Davison, a Notary Public in and for the said
County of St. Louis, State of Missouri, residing therein, duly commissioned
and sworn, personally appeared CY�thld L. Hanak ,
known to me to be the Attorney—in—Fact of the National Fire Insurance
Com�y of Hartford , the corporation that executed the
written instrument.
� � � ,
l`. �,-G��(�'�, `'U��L�.�- . ��
Notary Public in and for the County of
St. Louis, State of Missouri
�(,..;i�i tl/�!�a•��3�'J
� ', ,;r Y1::3�s�.:-���iiTr�R�'��►:�
'�OF��i�S0UR1,ST S.91JIS����?!:1
`:f(th!?.!'•!SSIL�!`d�X�IRE� �L7.�S�ln���
✓
- ' , . . , . � . .
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively cafled"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint
Gerald J. Lux, Cynthia L. Hanak, Leslie A. Johnson,James Prinsen Robert A. Miller David B Arvola Individually
of St. Louis, Missouri
their true and lawful Attomey(s)-in-Fact witli full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse he�eof,duly
adopted,as indicated, by the Boards of Directors of the corporations.
In Witness Whe�eof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 27th day of November , 1995
CONTINENTAL CASUALTY COMPANY
2•c�'G���T� � ��R'�'ycF. �tp'�"'�O°4r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�p AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
� ��� � � ; q~��MCOR1atAT�o T
� , a � /ULY 71. �
J SEAL t '.�. = � � ��OL .S
�eg� � kaa� • � .
M.C.Vonnahme Group vice President
State of Illinois, County of Cook,ss:
On this 27th day of November , 1995 ,before me personally came
M. C.Vonnahme ,to me known,who, being by me duly sworn, did depose and say:that he resides in the�Ilage of Darien , State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he
knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges
same to be the act and deed of said corporations.
OPG � .o
? �'�
J
�� ���/ �/
` v�c°O�co..�.
My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public
CERTIFICATE
I,John M. Litder ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey herein
above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscnbed my name and affixed the seals of the said corporations
this aDrt� day of �`�,,vE , ��.
CONTINENTAL CASUALTY COMPANY
,��'��rl- Qp�. ��R'�'�+�, �d+'�""0�'4� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
�`' ���. � � ��'�`���, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
� � � �
> , �u�r n, �
�J SE11L '? �� = � � 190! .s
1897 � kAR� � � �
John M.Littler Assistant Secretary
(Rev.7/14/95)
�
. , , ,
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: �
This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article IX—Execution of Documents
Section 3.Appointrnent of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of tf�e Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject
to tfie limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instrumenis and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President
or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously
given to any attomey-in-fact.
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed
and sealed and certified by certficate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article VF—Executlon of Obligadons and Appolntrnent of Attorney-In-Fact
Section 2.Appointrnent of Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group
vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in tf�e execution of
policies of insurance, bonds, undertakings and otf�er obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey-in-fact."
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of tfie President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attomey granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.My such power so executed and
sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue
to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attomey is made and executed pursuant to and by authoriry of the following Resolution duly adopted on Febnrary 17, 1993
by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group vice President of the Corporation may,from time
to time,appoint, by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact,subject to the limitations set fortt�in their respective
certificates of authority,shall have full power to bind Uie Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group�ce President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey-in-Fact"
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attomey granted pursuant to the Resolution adopted by this Board of Directors on
February 17, 1993 and the signature of a Secretary or an Assistarrt Secretary and the seal of the Corporation may be affixed by facsimile to
any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,continue to be valid and binding on tlie Corporation."
CHANGE ORDER#1 &FINAL
PROJECT TITLE Recreatiori Trail,Pfi�se II,ISTEA Enhancement Funds STP-1500(002)
PROJECT NO. 2035
CONTRACT DATE June 20,1996
CONTRACTOR Penzel Construction Company,Inc.
1. DESCRIPTION AND REASON FOR CHANGE:(ATTACH SUPPLEMENTAL SHEETS IF REQUIRED)
Change all items listed to"as constructed"quantities. All additions and deductions were adjustments to field conditions.
2.ESTIMATE OF COST OF WORK AFFECTED BY THIS CHANGE ORDER
(A) (B) (C) (D) (E) (F) (G) (H) (I)
Est. Contract Item Description Units Units Units Contract Amount Amount
Line Item Previously To Be Overrun Or Of Overrun Of
No. No. Provided Constructed Underrun Agreed Or Plus Underrun
For Contingent Price Contingent Or Minus
Contingent
1. 1. Tree&stump removal 2 Each 5 Each 3 Each $ 190.00 $ 570.00
2. 2. Excavation,Class"B" 237.2 C.Y. 276.61 C.Y. 39.41 C.Y. $ 2.50 $ 98.53
3. 3. Earth Borrow 505 C.Y. 290 C.Y. 215 C.Y. $ 5.40 $ 1,161.00
5. 5. Grading 2,845 S.Y. 2,842.3 S.Y. 2.7 S.Y. $ 0.65 $ 1.75
6. 6. P.C.C.pavement,4"thick 120 S.Y. 120.88 S.Y. .88 S.Y. $ 40.00 $ 35.20
7. 7. H.M.A.C.pavement,4"thick 1,473 S.Y. 1,435 S.Y. 38 S.Y. $ 6.00 $ 228.00
8. 8. Tack(0.3 gal/sq.yd.) 474 Gal. 300 Gal. 174 Gal. $ 1.00 $ 174.00
9. 9. Type 2 aggregate base,4"thick 1,580 S.Y. 1,555.9 S.Y. 24.1 S.Y. $ 2.60 $ 62.66
10. 10. (Two)2 ft.thick rock blanket 550 S.Y. 604.09 S.Y. 54.09 S.Y, $ 25.00 $ 1,352.25
11. 11. Gabion retaining wall 66 Each 70 Each 4 Each $ 250.00 $ 1,000.00
12. 12. 30"RCP 20 L.F. 15 L.F. 5 L.F. $ 40.00 $ 200.00
TOTALS $ 3,055.98 $ 1,827.41
3. SETTLEMENT FOR COST OF THE ABOVE CHANGE TO BE MADE AT CONTRACT UNIT PRICES, EXCEPT AS NOTED:
None
1. CONTRACT AMOUNT $ 128,582.95 THE TE M;fq�F�,SETT EN UTLINED ABOVE ARE HEREBY AGREED TO:
2. OVERRUN THIS ORDER(H-I) $ 1,228.57 �,��'�J /� .� �.�7 .t� �
3. OVERRUN PREVIOUS I'� ti/ j�� !
(LINE 4 ON PREV.ORDERS) $ 0.00 Go ractr or�nzel Co ruction Com pan y,Inc. Date
4. TOTAL OVERRUN TO DATE(2+3) $ 1,228.57 �-, � ;-
5. TOTAL(1+4) $ 129,811.52 /� i%� � �`� ���'���`� ' � // '<:' `�- �'L._.
Mark'A.Lester,City Engineer Date
TO THE DIV.ENGR.F.H.W.A.,JEFFERSON CITY,MISSOURI
� /<<^ '/�.�'C� '"� ��DEAR SIR: WE ARE REQUESTING FEDERAL AID ON THIS CHANGE ORDER
�1>Cc�4ttitigc,City Manager D T AND MODIFACATION OF THE PROJECT AGREEMENT,IF NECESSARY
Dougiss K. Leslie, City Manager
RESPECTFULLY,
SUBMITTED RESIDENT ENGINEER DATE
MISSOURI DEPARTMENT OF TRANSPORTATION
APPROVAL RECOMMENDED-DIST.ENGINEER DATE
EXAMINED AND APPROVED
APPROVED-DIVISION ENGINEER,CONSTRUCTION DATE DISTRICT ENGINEER FOR DIVISION ENGINEER DATE
FEDER,4L HIGHWAY ADMINISTRATION
CHANGE ORDER#1 8�FINAL
PROJIECT TITLE Recreation Trail,Phase II,ISTEA Enhancement Funds STP-1500(002)
PROJECT NO. 2035
CONTRACT DATE June 20,1996
�ONTF2ACTOR _ Penzel Construction Company,Inc.
1. DESCRIPTION AND REASON FOR CHANGE:(ATTACH SUPPLEMENTAL SHEETS IF REQUIRED)
Change all items listed to"as constructed"quantities. All additions and deductions were adjustments to field conditions.
2. ESTIMATE OF COST OF WORK AFFECTED BY THIS CHANGE ORDER
(A) (B) (C) (D) (E) (F) (G) (H) (I)
Est. Contract Item Description Units Units Units Contract Amount Amount
Line Item Previously To Be Overrun Or Of Overrun Of
No. No. Provided Constructed Underrun Agreed Or Plus Underrun
For Contingent Price Contingent Or Minus
Contingent
1. 1. Tree&stump removal 2 Each 5 Each 3 Each $ 190.00 $ 570.00
2. 2. Excavation,Class"B" 237.2 C.Y. 276.61 C.Y. 39.41 C.Y. $ 2.50 $ 98.53
3. 3. Earth Borrow 505 C.Y. 290 C.Y. 215 C.Y. $ 5.40 $ 1,161.00
5. 5. Grading 2,845 S.Y. 2,842.3 S.Y. 2.7 S.Y. $ 0.65 $ 1.75
6. 6. P.C.C.pavement,4"thick 120 S.Y. 120.88 S.Y. .88 S.Y. $ 40.00 $ 35.20
7. 7. H.M.A.C.pavement,4"thick 1,473 S.Y. 1,435 S.Y. 38 S.Y. $ 6.00 $ 228.00
8. 8. Tack(0.3 gal/sq.yd.) 474 Gal. 300 Gal. 174 Gal. $ 1.00 $ 174.00
9. 9. Type 2 aggregate base,4"thick 1,580 S.Y. 1,555.9 S.Y. 24.1 S.Y. $ 2.60 $ 62.66
10. 10. (Two)2 ft.thick rock bianket 550 S.Y. 604.09 S.Y. 54.09 S.Y, $ 25.00 $ 1,352.25
11. 11. Gabion retaining wall 66 Each 70 Each 4 Each $ 250.00 $ 1,000.00
12. 12. 30"RCP 20 L.F. 15 L.F. 5 L.F. $ 40.00 $ 200.00
TOTALS $ 3,055.98 $ 1,827.41
3. SETTLEMENT FOR COST OF THE ABOVE CHANGE TO BE MADE AT CONTRACT UNIT PRICES,EXCEPT AS NOTED:
None
1. CONTR,4CT AMOUNT $ 128,582.95 THE TERM F SE MENT OUTLINED ABOVE ARE HEREBY AGREED TO:
2. OVERRUN THIS ORDER(H-I) $ 1,228.57 / �/ t � __t �,
3. OVERRUN PREVIOUS \/L.�
(LINE 4 ON PREV.ORDERS) $ 0.00 C tractor Penzel C struction Company,Inc. Date
4. TOTAL OVERRUN TO DATE(2+3) $ 1,228.57 , _-., - '
,'�i.� - - / -�
5. TOTAL(1+4) $ 129,811.52 , ��-i� `/ ` •�' )-. � i /! - " �� - �� �-
Mark A.Lester,City Engin er Date
;.---� � TO THE DIV.ENGR.F.H.W.A.,JEFFERSON CITY,MISSOURI
' ~ /�" � �`DEAR SIR: WE ARE REQUESTING FEDERAL AID ON THIS CHANGE ORDER
cbAkcN t�ChAke�C City Manager D TE AND MODIFACATION OF THE PROJECT AGREEMENT,IF NECESSARY
JDouglas K. Leslie, City Manager
RESPECTFULLY,
SUBMITTED RESIDENT ENGINEER DATE
MISSOURI DEPARTMENT OF TRANSPORTATION
APPROVAL RECOMMENDED-DIST.ENGINEER DATE
EXAMINED AND APPROVED
APPROVED-DIVISION ENGINEER,CONSTRUCTION DATE DISTRICT ENGINEER FOR DIVISION ENGINEER DATE
FEDERAL HIGHWAY ADMINISTRATION