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Home My WebLink AboutRES.1422.12-07-1998 � , , r BILL N0. 98-248 RESOLUTION NO. %C1,��:�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PENZEL CONSTRUCTION COMPANY, INC. , FOR THE HOPPER ROAD BRIDGE PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . 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 Hopper Road Bridge Project, BRO-BRM-016 (18) . A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ��. DAY OF , � . /1,��C,-r��:�;?, , 19� c A. . Spradling, III, Ma r ATTEST : � �_ r� f ^ ��1� � -� � , �" '�� .�, Gaylq L. Conrad Deputy City Clerk � � CONTRACT � 19�, by THIS AGREEMENT made this ,�,7 n day of /,t,,�«,Q�2y , � and between Penzel Construction Company, Inc, Party of the First Part, hereinafter called the "Contractor" , and the �y o .S�aP�. ('irarr7�aL� Missouri, Party of the Second Part, hereinafter called the "County" or "Owner" . � WITNESSETH: That the Owner and the Contractor for the consideration hereinafter named, agree as follows : � Artic� e I-Scone of work: The Contractor shall furnish all the labor, materials, equipment, and insurance and perform all of the work described in the Contract Document entitled "HonnPr Road Hri��F over Cane LaCr�ix Creek, 'n ane Girardeau Missot�r; , � BRO-016 (18) , prepared by Smith & Co. , Inc. , Consulting Engineers, Poplar Bluff, Missouri . The Contractor shall do everything required by this Contract, the Contract Documents, including the General and Job Conditions, the Standard Specifications, and the Plans . 8rt; cle TT-Time of Com �on: The work to be performed under this Contract s all be commenced �� g� �l� _, 19��' , and completed -� , 19� (15�4. calendar days) . It is mutually understood and agreed that time is of the essence of this agreement and in the event said work is not completed on or before the date named above, Party of the First Part, the Contractor, shall pay the Owner liquidated damages of Four Hundred ($400 . 00) dollars for each calendar day of delay, until the work is completed and the Contractor and his Sureties shall be liable for the amount thereof . Extra time shall in all cases be construed as the time required for completion after the date herein named, plus any extension of time granted by the date herein named, plus any extension of time granted by the Engineer pursuant to Article 17 of the General Conditions . The Contractor shall pay the expenses of the Inspectors and the services of the Engineer for the extra time require for the completion of the work. The amount of such expenses and services shall be determined by the Engineer, shall be reported by him in writing to the Owner, and shall be withheld from any monies due the Contractor and paid to the proper parties . Art� c� e TTT-The Contra�_-��um: The Owner shall pay the Contractor for the performance of the Contract, subject to additions and CONTRACT-PAGE 1 � � deductions provided therein, in current funds at the prices named in the Proposal attached to and a part of these Documents and � Contract . Where the Quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the � Contract to prevent such hardship. � Artic-1P rv-A ntance and Pavment : Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection, and when he finds � the work acceptable under the Contract and the Contract fully performed, he shall promptly issue a final certificate over his signature, stating that the work provided for in this Contract � has been completed and is accepted by him under the terms and conditions thereof, and the amount due the Contractor shall be paid within forty five (45) days after the date of said final � certificate . Before issuance of the final certificate, the Contractor shall � submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. � The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from � unsettled liens, faulty work appearing after final payment or from requirements of the Specifications, and of all claims by the Contractor, except those previously made and still unsettled. � Ar ; 1 V-'rh on a DocLments : The Advertisement for Bids, the Information to Bidders, the Bid Proposal, the Bonds, the � General and Job Conditions of the Contract, the Standard Specifications, and the Plans, are as fully a part of the Contract as if hereto attached or herein repeated. � � � � � CONTRACT-PAGE 2 � � � nYt; c-1 P VI Ex�^„�';^n �f rontr_a.�: � WHEREOF the parties hereto have executed this Agreement the day and IN WITNESS year first above written. � R OWNER CONTRACTO • City of Girardeau, Missouri � Firm• /L By: .i�e�pt�� , _, � Presiden C�T y .�,��:� k �� : � r. ,r. ' F ATTEST: ATTEST: ;� ` � - t� � � � By: BY� C�.tp 'C1erk�;• �_ . _ Secretar � �SEAL) "��: , � %`sr . (SEAL IF BY A CORPORATION) �,. , ;��:••' ,.: � ,g.�p att�t;: i� ., : ' ..t,o ' �.��}�� , ar�, � � � �` '. \, iUtr i •� d� t. � v . � i�� a � � �a j.. . `.;.~ryf� :. � r) � r � ' � `�� .' s .. �� p' �-J ; J.., 4'0 , ..� � �,' � �(-�o � M1'��"�`- II O ' '�,4n .fa['��'�Af� p� y ra•� , r�`.� Q �fi ��Q � . t � �7� .' ' D `.a�.� c. o � qn � s4 Sr ^�- �` � `iq v. .�o? �` `` . ;.p=� i i ` :.,•v �� , � �(j�. "r .'.! 7 i � y�4�} r+i.. �r . �.� '� r• ��lf : ��,��a�. � `'�,r. � � i � � I CONTRACT-PAGE 3 i �� ' � PERFORMANCE BOND #190455067 � OW ALL MEN BY THESE PRESENTS : that KN � (Name of Contractor) � (Address of Contractor) � a (Corporation, Partnership, or Individual) � hereinafter called Principal, and Nationa1 Fire Insurance Com an of Hartford � (Name of Surety) . 390 S Woods Mill Road Ch��+orf;Ai� Mp 63703 � (Address of Surety) hereinafter called Surety, are held and firmly bound unto � (Name of Owner) • � 401 Ind�p.�ndence,��e G- """"''^""' Missouri 63702 (Address of Owner) � hereinafter called OWNER, in the penal sum of�Gix Hunc�rPr� Nine��r- five Thousand Ei�ht uiint�rPc] Ninet��-five an� �q/100 Dollars, � ($ 695��95 . 29) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly � by these presents. � THE CONDITION OF THIS OBLIGATION is such that whereas, the � Princip�� entered ' to a rtain contract with the OWNER, dated the�_ day of R /�- c�� , 19�, a copy of which is hereto attached and made a part h re eof for the construction of : �. HQ�er Road and Brid�e I�]}�rove - �. � PERFORMANCE BOND - PAGE 1 � ! , � ' �' NOW, THEREFORE, if the Principal shall promptly make payment to �1 persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK � provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, � equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said � WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect . � PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, � alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on � this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. �� PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. �' . 6 IN WITNESS WHEREOF, this instrument is executed in � • (number) counterparts, eac one of which shall be deemed an original, this the � ��y day of 19-�• , �' � � , � �. � � PERFORMANCE BOND - PAGE 2 � 1 , . � Z � ' ATTEST: i ' Penzel Construction Company, Inc. Principal � Q �v �ll � (Princi ) Secre ary . ;srt.<,.:. �`+:r' . � � .�` r M' `�'' <<``�6',, �, v :' ,..`J' �� .. k .,J o.�oou�2 � irr • Btr �S� �I' �5��•� e . r '=y � j vice - resident .. e o � . ., •,!,.,, � c o � = ' �-� o _ ° o � . P. 0. Box 330 �� .-�,� _.. '. ,, ;�• ; � . (Address) _ _.i- 4 fi.�,. C�. ' ` �r� � �� e. "��',,•�v4�.� V �.0••��f�✓`' ��' Jackson, MO E3755 %,, t ��.. y-7^ J . e� GC �.C` �l(', �''��ii�.c ��E., :;� . �0'C'CAtSGL•GCC4;F .��./ ,( . rr l Witness as to Principal �,,, ��n �3� (Addre s s) �j��,�s �D 6 3 7S� National Fire Insurance Company of Hartford �� Su e � , � r � ATTEST: BY -. ` - L ' . ' Gerald J. Lux,Attorney -Fact � 120 South �entral Avenue (Address) � 120 S. Central Avenue St. Louis MO 63105 (Addre s s) � St. Louis, MO 63105 ' NOTE: Date of BOND must not be prior to date of Contract . If , CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department ' s most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. PERFORMANCE BOND - PAGE 3 � � 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 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,constih�te 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 ff 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 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 27th day of November , 1995 CONTINENTAL CASUALTY COMPANY � 2��,��'�Gr�, � ��R�1,�,� ��"'� NATIONAL FIRE INSURANCE COMPANY OF NARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA � �°n,tr� � � � e? �M�°�T�p � � z � � � a � /UlY 71. � �v SEAL � �. ��< � 1l01 � �egi �` +nw • - � 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 knovm,who,being by me du�y 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, PENNSYWANIA 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 tliey 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. �O'G. D � � � . R1BUC �� e, s�r� C �� °Ok 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 CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey herein above set fo�th is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation prirrted on the � reverse hereof are still in f rce. In stimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2> �� day of ' , � CC . � CONTINENTAL CASUALTY COMPANY 'y�Cr�, �� '�"'�`4� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD � � � '� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA �' �°1urE � � ��`��t� � o � � � � a nnr�i. � � v SEAL �r �. � < � �: � � �ea� Q` NA1n`�".P ' Y John M.Littler Assistant Secretary � (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—Executlon of Documents Section 3.Appointment 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 limihations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instrumerrts 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 Oirectors 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.My such power so executed and sealed and certfied 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 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 VE—Executlon ot Obligadoos a�d Appointment of Attorney-In-Fact Section 2.Appointrnent of Attomey-in-fact.The Chaimian 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 auEhority of the following Resolution adopted by the Board of Directors of tfie 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 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assisfiant Secretary and the seal of the Company may be affoced 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 February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive vce 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 behatf of the Corporation in the executio�of poticies 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 President,any 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 a�d sealed by facsimile under and by the authoriry 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 G�oup Vice President and the seal of the Corporation may be affoced by facsimile on any power of attomey grar�ted pursuarrt to the Resolution adopted by this Board of Oirectors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and tha seal of tha 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,continue to be valid and binding on the Ccxporation." � � � � State of Missouri County of St. Louis � � f before me Theresa E. Dedert a Nota Public in On tlus �7 ,� day of J , 19� , , rY � and for the said County of St. Louis, State of Missouri, residing therein, duly commissioned and sworn, personally � appeared Geral d J. Lux , lrnown to me to be the Attorney-in-Fact of the National Union Insurance Company the corporation that executed the written � instrument. � ' � � Notary Public in and for the County of St. Louis, Sta.te of Missouri. My Commission expires 12/4/99 � ' �.. F-.I`��" (e( ^�, �� 'PS�� .. �..1 t.....i�`C.t... _ ..._ ._ t�'. ,l; , 4\}':1.... �I , � " .. � �'� • . �' � " ��,_. . � � � � � PAYMENT BOND #190455067 KNpW ALL MEN BY THESE PRESENTS : that (Name of Contractor) P O Box 330, .Tac�ksorl, M� s�^��"'� 63755 (Address of Contractor) a (Corporation, Partnership, or Individual) hereinafter called Principal, and National Fire Insurance Com an of Hartford (Name of Surety) . 390 S. Woods Mill Road, chesterfield, MO 63703 (Address of Surety) hereinafter called Surety, are held and firmly bound unto Cit�r o a�e irardeaL (Name of Owner) , 401 Ind�2 n n �., C' ne Girardeau Missovri 6374� (Address of Owner) hereinafter called OWNER, in the penal sum of e;Y T�nnr�T^P� Nine��- T;vP Tho �sand Ei�ht HLndred Ninet�r-five and 29/� 00 Dollars, ($ 69�^895 .29) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. ' THE CONDITION OF THIS OBLIGATION is such that whereas, the Princi al entered ' to certain contract with the OWNER, dated the �� day of . , 19�, a copy of which is hereto attached and made a p rt hereof for the construction of : Ho�er Road and Brisi�e Imr�rovements BRO-016 (181 PAYMENT BOND - PAGE 1 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTR.ACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect . PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 6 (number) counterparts, each one f which shall be deemed an original, this the�� day of �� . 19�• PAYMENT BOND - PAGE 2 � ' , � ATTEST: Penzel Con�truction Com a�y, Inc. � Principal � (Princ ' al) Sec etary i`�f�YIOSt^�Py.V '• D \•• • ��/ � V�� I . .. ... . ..... .. (s�') .r`!r f� Y ,, .,� �`�.. ,; �(':, `�F. vice- president �' � �,,.G�..o�.s '.� f _�"G�`. �� '. _ �a r. . a"R,.. . . /� -. . � P• O. .BOX 330 � . �: p . �.� <. ` �.� " � ` � (Address) � - � . _ -. �-� �,.�• ., s" o" ' � " Jackson, MO 63755 � ;� � �' o � �. " �o,L`C COP `!. �� \ . �GPanOO�� C.C.� ^b 'F� C.1� 1 C .. c��;. o �F � .� �� h� {�� • Witness as to Principal /�C3. �a�c ,'s v ' � (Address) � �q cxs� ,�a �3�5� Nationa7 Fi re .insurance Company of Hartford Su - � � ATTEST: BY - Gerald J. Lux, Attorney'' -Fact � 120 South Central Avenue (Address) � . St. Louis, M0 63i05 1?0 South Central AvenuP (Address) � St. Louis, MO 63105 , � NOTE: Date of BOND must not be prior to date of Contract . If CONTRACTOR is Partnership, all partners should execute BOND. � IMPORTANT: Surety companies executing BONDS must ,appear on the Treasury Department ' s most current list (Circular 570 as amended) and be authorized to transact business in the State where the � PROJECT is located. , PAYMENT BOND - PAGE 3 � � ' • . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ali Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Iilinois corporation, 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,constihrte 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 a�d 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'rf 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 hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In 1Mtness 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 ��,�CT�, � ��R4,�,� ��'�� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD � �� 7 � S ,�� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA , �u�r�i, � �J SFJ1L � ��r. i � � �� . �aei 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 ti�e 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 instrume�;that he knows the seals of said corpora6ons;that the seals affixed to the said instrument are such corporate seals;that tt►ey 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. ��C,.D s� � � � . �c � � �o �� 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 fortfi is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation priMed on the reverse hereof are still i force. I testimony whereof 1 have hereunto subscribed my name and affixed the seals of the said corporations this ,2 J /'/1� day of � /`'�• CONTINENTAL CASUALTY COMPANY �,�(T ��p �"''a` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD .� � � � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA �i' oo�°'urE � �Q �� z ' � � � a xn�i. # °u SEAL rc • � • � �es� Q`' �a�' 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 Oocuments 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 instruments and to attach the seal of the Company thereto.The Chainnan 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. "ResoNed,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.My such power so executed and sealed and certified by certificate so executed and sealed sha�l,with respect to any bond or undertaking to which it is attached, corrtinue 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 VE--Executlon of Obllgatlons 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 executio�of any such instrumerrts 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 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.Any such power so executed and sealed a�d certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is athached,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 DirecMrs 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 behatf 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 limihations set forth in their respective certificates of autlwrity,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 President,any Senior or Group Vice President o�the Board of Director. may at any time revoke all power and auttwrity previously 9iven 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 meetit�g duly called and held on the 17th day of February, 1993. "RESOWED:That the signature of the Presiderrt,an Executive vice Presiderrt or any Senior or Group Yce President and the seal of the Corporation may be affixed by facsimile on any power of at6omey granted pursuarrt to the Resolution adopted by this Board of Direcbors on February 17, 1993 and the signature of a Secretary or an Assistant Secrehary and tha seal of the Corporation may be affoced 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 seated,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." � � � State of Missouri County of St. Louis � � On this ,�� h` day of � , 19 '' before me, Theresa E. Dedert, a Notary Public in � � and for the said County of St. Louis, State of Missouri, residing therein, duly commissioned and sworn, personally � appeared Geral d J. Lux , Irnown to me to be the Attorney-in-Fact of the National Union Insurance Company the corporation that executed the written � instnzment. � � � Notary Public in and for the County of St. Louis, tate of � Missouri. My Commission expires 12/4/99 � . , ,,-. . _ . � ._ . � � � � � � � J.- • � . � - al:/1�:�� CERTIFICATE OF INSURANCE ��,ui!�� SSUE DATE(MM/DD/YY) PRODUCER f;l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Lac.k:f;�r, 1:��panie� CONFERS NO RIGHTS UPON THE CERTIFICATE HO�DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE F'-u , h4:': 4 f�`�z POUCIES BELOW. k,d�'�ci� Lit:.+ MC E'.r=�1`�1'i'.;r�.i COMPANIES AFFORDING COVERAGE COMPANY A LETTER it�L. :�i;a�l}�itii\L� .TiP:�„ ±-11. tr'_'Li�i.L�..I�! COMPANY ISUHED EJf,:"7 LETTER B (,:).�j?<r; Zi�`;:��F�Fti�r;i` f��3��:;.% L�f��=9��1�..i�,r.�(~'i� �..�1��'(-�tra��. il�.Ir.�. COMPANY`. �,,_.. f , ' �_ : i�.�� tC!;�: u..��? LETTER ��r�i.i�':�.��1 �.f�1. �._�� S�►h� �'!. ��.i7��1- ,1:.lC�:aO!l lil� r,;}?�'�'=: COMPANY LETTER � rt�E t�A�.If�?�� I��, �Uy (;'i�R1�:1-i;� COMPANY E LETTER ;OVERAGES �� - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER P�LICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) S GENERAL LIABILITY GENERA�AGGREGATE $ �''' ' � � ' �`'ii'l}'3� E}.af 1��1.!�a�? �_�:�?��.�`..�� PRODUCTS-COMPIOPAGG. $ �`U��y vr.�ly '� �� COMMERCIAL GENERAL LIAB�UTY C f'�r'` �v� �L�� 7 CLAIMS MADE •` OCCUR. PERSONAL 8 ADV.INJURY $ '� +�?t`�v„'�r`)l� OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ j� 4{�{�(�� C'(1 Y�IIa � _ ��'��'��R��'� r��4 FIRE DAMAGE(Any one fire) $ '-�" • .J.•� MED.EXPENSE(My orre person) $ a'l!�'�t j AUTOMOBILE LIABILITY COMBINED SINGLE ;.� 'r: ANYAUTO �.!�!`� t��17��.:iS.tt�.. S�}�%4�'�� r��`e.%4�1;'�� LIMIT $ j, �C!!.!(.�yi)�,ji..) ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Perperson) $ :%�h.Kn?�,xX,"�. �� HIRED AUTOS BODILY INJURY ^��i NON-OWNED AUTOS (Per accident) $ �;.+;��X�.�4� GARAGE LIABILITY PROPERTYDAMAGE $ f}�YX�.l�kXX El(CESS LIABILITY EACH OCCURRENCE $ y � � %� UMBRELLA FORM 4C�! t+�i��Jr�`}}� C�.i'C�!�/��.} `J:riC�1.J�� AGGREGATE $ �r��(li�}f'�ry(�f�fl OTHER THAN UMBRELLA FORM WOHKER'S COMPENSATION TATUTORY LIMITS � �.'�C��rlh_�� U�!�1.l�'��7 ?�5:�i.i q�� EACH ACCIDENT g .�.ld�q t.�GG�,1 AND ��?{?,i.�Or) DISEASE—POLICY�IMIT $ EMPLOYERS'LIABILITY Gjf)/� (}t�(� DISEASE—EACH EMPLOYEE $ t• OTHER _ ., �. .. . �; Et�iilF'FtE�l7 F�i+ATEF' CCC1F'A;'E`�� J?i0i./�8 t'�?:lCalr9`3 F'I�.�:; ��ta�,�,'6�:� Li�liT , L�A�L�i E��JTP q �c54n I�E::£�, ESCRIPTION OF OPERATtONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION , CI19C OF CAPB GIRARDEAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE p�0� �g 61T EXPIRATJQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL }t� DAYS WRITTEN NOTICE TO THE CEATIFICATE HOLDER NAMED TO THE �E GIRARDBl1U, MISSOURI 63702-0617 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OA LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED EPRESENTATIVE �• --� / � '. CORD 25-S(7/90) oA ORD CORPORATION 1990 �''' RTD PROPOSAI. �, Project Name : Hopper Road Bridge Proj ect No: BRO-016 (18) Bridge No: U-0695005 � �I Proposal of PENZEL CONSTRUCTION COMPANY, INC. � 1 (hereinafter called "BIDDER") , organized and existing under the � laws of the State of M�ssouri doing business as * na n • �� (* Insert "a corporation: , "a partnership" , or " an individual" as applicable) �� To the �it�r of Cane c�irardeaL Mi �souri (hereinafter called ,�OWIJER") . � In compliance with your ADVERTISEMENT FOR BIDS, BIDDER � hereby proposes to perform all WORK for construction of �L��er ��d 3rida�, in strict accordance with the CONTRACT DOCUMENTS, �� within the time set forth therein, and at the prices stated below. ��_ The specifications, contract, and bonds governing the construction of the work contemplated are those known and designated as the "Missouri Highway and Transportation Commission �� Standard Specifications for Highway Construction, 1996, " together with the "Special Provisions, Job and General" , attached to this proposal. . �� By submission of this BI�, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own � organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any � com�etitor. 3IDDER hereby agrees to commence' WORK under this contract on � or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 1�Q calendar days thereafter. 3IDD�� further agrees to pay as liquidated damages, the sum of � cano . 0o for each consecutive calendar day thereafter as provided in Section 17 of the General Conditions . � . � BID PROPOSAL - PAGE 1 � � ' BIDDER acknowledges receipt of the following ADDENDA: � Adc�endumsNo. 1, 2, 3 � � . It is understood by the undersigned that the quantities given in the following itemized proposal are not guaranteed by � the Owner and are used solely for the purpose of comparing bids . and awarding the contract, and may or may not represent the actual quantities encountered on the job; and that the sum of the _ � products of the quantities listed in the following itemized proposal, multiplied by the unit price bid shall constitute the gross sum bid. � BIDDER agrees to furnish all labor, material, equipment and insurance, taxes, fees, and perform all the WORK described in the � CONT2ACT DOCUMENTS for the following unit prices or lump sum: � �espectfully submitted: � PEAIIZEL CONSTRIICTION COMPANY. IN�. P. 0. BO% 330 Name of Bidder Address �\t � � , JACRSON, MISSOIIRI 63755 Signature Carl G. nzel� � President • Title � NnrpmhPr�[�� ;qqR 573-243-8191 Date Phone � !SEP.T - i� �ID is by a corporation) � � � � � 3ID PROPOSP_L - PAGE 2 � RTD S .H ,D TT� . BASE BID ----------------- Item^ Description � Quantities Unit Price Total Price 1 . Mobilization Lump Sum $ � �-Uv $ 69��3�'�v 2 . Class s Concrete 375� O �7 �LS�dp (Substructure) 127 CY $ � p $ � 3 . Class B2 Concrete �� , pv (superstructure) 14o CY $ Z44 • oo $ .33 (o 4 . Plain Neoprene " `S g�.�. $ / 33/- � Bearing Pads (1/2" thick) 84 EA $ � — 5 . Prestressed Concrete � 3 �pS.40 7si70s�oo Double-Tee Girder (40 ) 21. EA $ $ 6 . Cast in Place Cohcrete Z 9 g� �� l�ZB,�� Piles (14" Dia) 1, 860 LF $ � $ 7 . Reinforcing Steel 48, 343 LBS $ � • 7 Z $ 3�, �O�o -9� 8 . HP 1Ox42 Piling 245 LF $ Z� 3 O $ �,, �9�i � 50 0o Z Z Z�, o0 9 . Vertical Drains 2 Ep, $ /;/!O, $ �, _ 10 . Safety Barrier Curb 283 LF $ �� Sv $ l¢. Z�l•SO 11 . Approach Slab 203 S� $ l�Z �� $ Z�. �� 6• Do , 12 . Embankment Class 'A' � , � 9, !� l�9,S3 Excavation 3 , 437 CY $ $ 13 . Structural Excavation � ov Class 2 110 CY $ �• �O $ l�-00 • 14 . Embankment Compacted �� 65 CY $ �� 7� $ �Z' ��'Sv in Place � 15 . Geotextile Fabric 1, 244 SY $ � � �.S $ 2� � 77 DO 16 . Rock Blanket �e 2 i, 679 TON $ / 9� �5 $ 3L, 9�Z, 3S � 17 . Clearing and Grubbing 1 . 82 AC $ '7� 75D•� $ �. �D �SOO BID PROPOSAL - PAGE 3 Addendum 3 /3 000,00 �3, 000 , vo � 18 . ' Remove Existing Bridge 1 LS $ , $ 19 , Seeding and Mulching 0 . 98 AC $ 3,O��Uv_ $ �, 9¢�� O� � . OD B�� v 20 , Traf f ic Control Devices 1 LS $ ¢: d� $ � 21 , Type I Aggregate (4" ) 5, O10 SY $ .�' ¢S� $ Z ?, 3v�•so � 22 . Portland Cement Concrete Pavement (7") 3, 2 0 9 SY $ Z �f� SO $ 7Q �ZD• s� � 23 . Portland Cement , Z 7,�38- Concrete Sidewalk 1, 124 SY $ Z4 sD $ o0 � 24 . Portland Cement Concrete 1, 863 LF $ �-3 � (o � $ Z5�336•8O Curb and Gutter � ZZ,�ot� ¢ 900, oa � 25 . Drainage Structure 4 � $ -,� $ ' 26 . i5�� Reinforced 92 LF $ 3 9� 2 s $ 3, � //. o � � Concrete Pipe � 27 , Type z z z obj ect Markers 4 EA $ .59 � � O $ Z 3 B. �� 28 . Driveway Removal and � � �3�.�� Replacement (6" Concrete) 71 SY $ ZS • � O $ , � � 2 9. Driveway Removal and — � �7�,5 S— Replacement (6" Type I Base) 169 SY $ �� 95 $ � � 30 . Existing Pavement Removal 2, 274 SY $ l• 7O $ �� 's•�D � 31 . Chain Link Fence 318 LF $ Z��OS $ � -��SJ 90 32 . Seal Course 118 CY $ l T'Z- 0 0 $ lc�, 75�.�d � � TOTAL CONTRACT B I D $ t� q�7, v 9'S^' � � �!! �JI�C f?UNDK�I� /�//✓� / �vG �ou5,4ND . �GHI" �-t��/,02e�D ��/��y t'/'-'k DOLLARS & CENTS 1�bGC.�+RS AND !G�Ei..L-5' /�i�ve GEuTS � � � BID PROPOSAL - PAGE 4 Addendum 3 � � ° ANTI-COLLUSION STATEMENT � STATE OF r�assouxz �� ) SS. COUNTY OF CArE Gl�n�aU ) � CARL G. PENZEL ' . � being first duly sworn� deposes and says that he is President � Tide of Person Signing Of PENZII. CONSTRIICTION COMPANY, INC. � Name of Bidde,r � that all statements made and facts set out in the proposal for the above project aze true and conect; and � that the bidder ('I'he person, firm, association, or corporation making said bid) has not, either directly or indirectly, ente�red into any agreement, participated in any collusioa, or otherwise taken any action in � restnint of free competitive bidding in connection with such bid or any contrad which may result from � its acceptance. Affiant fur[her certifies that bidder is not financially interested in, or financially affiliated with, � any other bidder for the above project. , � By � Carl G. Penzel, Pr ident � BY By � Sw � 24th November 98 orn to b..fore me th�s day of 19 6'� � _ � Notary Public � My Commission F.xpires August 11, 2001 • � PATSY H.TERRY•NOTARY PUBUC County o! State ot � Cape Girardeau M($�� My Commission Exptrea A .11,2001 � � � ,. May 19 8 8 CERTIFICATION REGARDING DISBARME2�T, ELIGIBILITY, � INDICTMENTS, CON�ICTIONS OR CIVIL JUDGMENTS 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, off icer, 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 determined ineligible by any federal agency within the past 3 years; � does not have a proposed debarment pending; and has not been indicted�, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any�_ matter involving fraud or official misconduct within the past 3 years. (Insert Exceptions, if any) Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. ror 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 statenent is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute an endorse:r�ent and execution of this certification. � � � . • , October 1977 � CERTIFICATION REGARDING EQUAL OPPORTUNITY AND AFFIRMATIVE � ACTION IN SUBCONTRACTII�G (1) Certification with regard to Performance of Previous Convacts or Subconvacu subject to � the Equal Opportunity Clause and the filing of Required Reports. Tbe bidder g , 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 1124b� and that he has g � has not , filed with the Joint Reporcing Committee, che Director of the Office of Federal Contract Compliance� a Federal Government contracting � or administering a;ency or the former President's Committee on Equal Emplo}�ment Opportunity, all reports due under the applicable filin; requiremenu. I�Tote: This certification is required by the Equal Employment Opportuniry regula- � tions of the Secretary of Labor (41 CRF 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with convacu and subcontracts w�hich are subject to the equal opportunity clause. Contracu and � subconvacu ��hich are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Gener�lly only convacu or subconvacts of 510,000 or under are exempt). � Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or th�ir implementin� re;ulations. ProposPd prime conuactors and subcontractors who have participatrd in a � previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60.17(b)(1) prevenu the a�•ard of contracts and subconvacts unl�ss such contractor submiu a report coverin� the delinquent period or � such period specifi� by the Feder�l Highway Administration or by the Director, Office of Federal Convact Complianc�, U.S. Deparunent of Labor. � (2) Cerufication with re;ard to intent to subconvact a portion of the work znd affirmauve action to consider minority business enterprises u potential subconvactors. A. The Bidder h�reby certifies that: { } he does not intend to subcontract a portion of the u�ork. � {x} he does intend to subconvact a portion of the work. (Bidder to check appropriate box). � If in the ainrmati��, the bidd�r certifies that he h2s made contact ��ith potential minority businessf enterprise subcontractors to a�rmatirely solicit their interest, capability, and pri�s�s on the items he intends to subcontract, znd sha11 docum�nt the :esulu of such contacu. � NOTE: .A bidder's failure to submit this certification or submission of a f�Ise certification shall reader his bid nonrecponsive. B. If the Conuactor requesu parmission to sublet u�o;k, and h2s aot don� so during L�s biddir.; s:z:e, he shall t�}:e L`,e 2ffirn:2ti��e actior.s reouir�d of bidders ia � Par2graph A. ?��o sublettir.g v��ill be appro��e� unless the contractor demonstrates '- that h� hcs t�}:en such a��rm2ti�•e action. t�� C. The contractor shall designate a liaison officer who wiil administer the contractor's - minority business entcrprise program. 'I?�e name� address. and telephone number :_ of the designated officer shall be furnished the engineer in writing upon request. NOTE: The requiremenu containod herein are in accordance with the Federal � Highway Adminisuation Federal-Aid Highway Program Manual (I'ransmittal 164, November 3, 1975� Volume 6� Chapter 4, Sa:tion 1, Subsection 8, Paragraph 6c(2)(3) and (4) . • - (Compan . � - By � T'` Car G. Penzel Date 11-24-98 President , .� �lilE� � :,��,�,i':: -a+;•: � �:� ..: +..T'+, �� _ , . � . �_ �'.�; �` �� _ � C. � Certifica ion �eQard�na Lc�bvina ActiY1�—��-= In �' accordancs With Section 391 of Pu.blic Lav 101-121 the bidder, under penalty of zerjury certifies by signinq and sub�ittinq this bid or prcposal, that: � 1 No federal apprc�riated funds have been paid or . � � aill ba paid, by or o:� behalf. of the undersiqned, to any person for intluencinq or attemptinq to intluence an of ticer or employee o�ftan�=o��al - ag�� a u�r ot Conqress, an em plo yee ot Conryress, or an ezrployee ot a Hesiber ot Congress in c�nnection vith the a=a�i °=��Y federal contrac�, the �.akin4 of any 9= . �e ��Yinq o� zny federal loan, the enterinq into of any ccc�erative agreeaent, and =a�odification � continuation, reneval, a�endnent, of any �ederal contract, grant, loan, or ccoperative agreenent. ' (2) If any fL:.cs ct.':er t:�an f ederal apprcvriated funds have been paid �r uill be paid to any person for inf luencinq or attenptinq tc inf luence an of f icer or e�ployee of any fe3eral agency, a He^�er of Congress, an of�icer or enployee of Congzess, or an e=ployee of a ?�e�ber of �ongress in ccnnec�ion uith t`iis federal contrac�, c?rant, lo�n, or cooperati`e agree:�ent, �he undersigned shall co�ple�e and su�-�it Standard r'cr�-T�. "�iscicsure For� to report T.cbbyinq, " in acc�rdance uith its instructions. • This certification :s a �aterial representation of izct u�cn :�hich' relitnce was �laced :�hen this transac�ion ::as �zde or entere3 i:�to. S��ission of t.his certification is a. �rerecuisite for �Lcing o�' entering i��o this �ransaction iypcsed by SecticZ 1352 , Title 31, U. S. Co�e. �•�y person . �ho fails to fi?e t::e reruired certifica�ion shao0o�and not subject to a civil penalty of rot less than �10, �ote than 5100, 000 fcr eacZ suc:� failure. The bidder also agrees by s��ittinq this bid or ��e shall rec_uire �::at t`.e lan5�zse of t:�is prcposal that �.. y certification be =:.��=��3 '-� all lcver tier subccntrec�s , which exceed 5100 , 000 and t5�t all such subrecipients shall �o=t:gy and discicse acc�_3i�gly. � n: :�- • � � �! October 1988 . Sheet 1 oF 5 PART � DISADVANTAGED BUSINESS _ENTERPRISE CONTRACT PROVISIOIJS �;, (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 maximtun � opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the requirements of 49 CFR Part 23 , and Section 106 (c) of the � Surface Transportation and Uniform Relocation Assistance Act of 1987 apply to this contract. 03LIGATION 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 rea�onable 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. � BArTKING S£t'ZVICES � The contractor is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. � GEOG�.nPHIC P_REA FOR SOLICITATION Or DBE' S The contractor shall seek D3E' s in the same geographic area in � which the solicitation for subcontracts and materials is made. If the contractor cannot meet the goals using DB�'s from this geographic area, the contractor shall as a part of the effort to � meet the goal, expand the search to a reasonably wider geographic area. � D='T=�TSI�'�TION Or PP.RTICI�ATION_TOT+?P.�D 1fE_ETING THE D3E GOAL D3� participation shall be counted tokard meeting the goal as folloks: � a. Once a �ir:,► is deter;�ine3 to be an eligible D3E, the total dollar value of the contract or subcontract awarded to the � D3E is counted toward the goal. � � . Sheet 2 of 5 PART� 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. �. The contractor may count toward the DBE goal, expenditures to DBE's who perform a commercially useful functicn in the contract. 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 expenditures for materials and supplies required under a contract and obtained from a DBE regular dealer, and 100 percent of such expenditures to a DBE manufacturer. (1) A regular dealer is a firm that owns, operates, or �aintains 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 f irm 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. 3rokers 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 owns, operates and maintains or leases, operates and - naintains the distribution equipment for the delivery ;y„ of the above products to the public in the usual course of business. P.d hoc performance for one contractor or select groUp of contractors does not qualify as a i regular dealer. ) (3) A manufacturer is a firm that operates`_or maintains a ,j factory or establishment that produces on the premises ,j the materials, or supplies obtained by the contrac or (i. e. , a supplier �.'ho produces goods from raw materials � ' or substantially alters them before resale) . e A contractor r,ay co:�nt tc�ard the D3F. goals ths following � expenditures to D3:. firr,s that are not regular dealers or � manufacturers: � k��` �' ■�!'�� . Sheet 3 of 5 PART A �`-� and su lies (1) The fees charged for delivery of materials pp 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 materials and supplies, provided that the fee is determined � bK the Missouri Highway and Transportation Department to be reasonable as compared with fees customarily allowed for - similar services. � GOAL FOR THE AMOUNT OF WORK TO BE P.WARDED 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 anount anticipated to be paid to DBE's. For firms owned and controlled by socially and economically disadvantaged individuals (D3E's) the goal for the amount of work to be awarded is 10 � � of the total contract price. � railure to meet the contract_ aoal or to furnish documentation acce�table to the Commission or efforts to meet this aoal mav _be .; cause for re�ection of the bid. +.�- � REPLACEMENT Or D3� SUBCONTRACTORS "� The contractor shall make good faith efforts to replace a DB� � subcontractor who is unable to perform satisfactorily with aaother D3E subcontractor. Replacement firms must be approved by � �he 2�iTD. � t70CL'?�;ENTATION Or GOOD FAITH £FFORTS TO M£ET THE DBE CONT�ACT GOAL �=:`��- ` Good faith efforts to meet the D3E goal may include such items as, but are not limited to, the following: � (1) Attended a pre-bid raeeting, if any, scheduled by the Department 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 writ�en notice to a reasonable number of specif ic ' D3E's that their interest in the contract is solicited, in sufficient time to allow the D3�'s to participate ��. effectively; `_, �� (4) Followed-up o� initial solicitations of interest by � � contacting D3�' s to determine with certainty whether the �_ D3F.' s uere interested. _ (�) Selected portions of the �,�ork to be performed by D3�' s in order to increase the likelihood of neeting the DB� goal � (inclvding, �here appropriate, breaking down contracts into �- economically feasible units to facilitate DBE participation) ; ' _�, v i i ' • Sheet 4 of 5 PART A ' (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 rejecting 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 bonding, lines of credit or insurance required� by the Department or by the bidder; and (9j Made effective use of the services of available disadvantaged business organizations, minority contractors' � 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. ��'AJT L�TT€/GS �� 'EQufsT 7?J 6Nr�.e�ST�t� �i�2T/�5 A-�4 pmr�n�r�a-� S KB �'��5 �u`� S�.c�PU,E�S • � 2. f��niEo Po�niriaL ?a2rtc�Ps+-n,�-s . 3 . 4. �. 6. 7. g, . � , SPECIALTY ITEM a Subcontract work awarded to D3E 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 20: of the contract will be considered specialty items under the provisions of Sec 108. 1. 1. ; ��IPICATIO?J Or D3� PP_RTICIPATION -� ?rior to release of retained percentage, the contractor` shall file a list with the Commission showing the DBE' s used and the 11 k�ork performed. The list shall show the actual dollar amount � paid to each D3� 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 nonconpliance with Section 49 CFR, Part 23 , and � � �� t�� - ;� _�+c.t" - ' .-.��- �•� �� . Sheet 5 of 5 PART A 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 �r� Commission, the Commission may sustain damages, the exact extent •,�::_ of which would be difficult or impossible to ascertain and A�`•`=- 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 deducte 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 damages. No such deduction will �� be made when, for reasons beyond control of the contractor, the - �� stated D3E participation is not met. 3IDDING PROCEDURE The bidder shall complete the information required under Part A and submit with the bid proposal. Failure to submit the ��, comnleted Part A with the bid tiro�osal mav be cause for re�ection of the bid. Part B shall be completed and submitted with the bid ti 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 Part 3 showing 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 � ak•ard will not be made to the second low bidder.� If Part 3 is not submitted with the bid, it shall be delivered �� directly to the Surveys and Plans Division, Missouri Highway and iransportation Department Headcruarters Building, Jefferson City, Missouri. �� n�TICIPATION �Y D3£' S (T;UST COMPLET£ AND StJ��SIT WITii P�OPOSAL�_ � The bidder agrees to utilize DB�' s as follows: ' � i ' - D3£ PP�TICI?ATION �� o Or TOTAL CONTRACT � PENZEL CONSTRIICTION COMPANY INC. �� (Ccz:pany). � �_ � 3y � � ''�-� , ,� �� Carl G. Penzel ' Date• 11-24-98 President (Title) ��. :,�. :+:� �� 4 � i Sheet 1 of 1 PART B DISADVANTAGED BUSINESS El1TERPRISE CONTRACT PROVISIONS , fPART B1 IDENTIFICATION OF PARTICIPATING DBE'S I The undersigned submits the following list of DBE's � to be used' in ; accomplishing 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: D3E o of Amount � Contractor Description $ Value of Dollar Value Appli- or Supplier of work Work, Applicable cable � of � (Name and Supplies or Supplies or � to DBE to DBE Total � Address Services Services Goal Goal Contract l. S.E.MO. READY-MI%, INC. � 735 ROSE CON ROAD 2, SCOTT CITY, M0. 63780 ;69,590.00 100x $69,590.00 lOZ RF.ADY-MI% MANIIFACTURER ' 3 . I 4 . � �, �. 6. ' 7 . 8. • i 9. �� 0• . �� -. O.00 lO % -� TOTP_L D3:. �P.RTICIPATION $ 69,59 �; PENZEL CONSTRDCTION COMPANY, INC. J (Company �i' , � L / ` Date: 11-24-98 3 � � � President Y (Signature) Carl G. Penzel `� (Title) J � � - �' �:�: . !1?' �;,