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RES.2487.10-05-2009
BILL NO. 09-161 RESOLUTION NO. 1/9-7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH R. L. PERSONS CONSTRUCTION, INC., TO CONSTRUCT A RAW WATER TRANSMISSION MAIN FROM SUPPLY WELLS TO TREATMENT PLANT NO. 1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with R. L. Persons Construction, Inc., to construct a raw water transmission main from supply wells to Treatment Plant No. 1, in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS 10 7 DAY OF ,bel , 20 67 ATTEST: B. Knudtson, Mayor Gayl CITY OF CAPE GIRARDEAU RAW WATER TRANSMISSION MAIN D WSRF PROJECT 291010-01 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the --36 day of )E:�',E�fE L-: EEE in the year 20 09 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and R. L. Persons Construction, 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 consists of... Contract 2 — Raw Water Transmission Main 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 eighty (180) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within two hundred forty 240 calendar days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not 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 350 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 350 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 Lump Sum of: ($ 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 million, nine hundred thirty-seven thousand, one hundred and seven dollars and zero cents ($ 1,937,107.00) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. A-2 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. IM 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 _7_ inclusive). 8.2 Exhibits to this Agreement (pages to , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55, inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 7 , inclusive). 8.7 Specifications bearing the title Technical Specifications 8.8 Drawings. 8.9 Addenda numbers 1 to 3 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF- 1 'to BF- 8 , inclusive) marked exhibit A . 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). A-5 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. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These are to be provided on a weekly basis. ow 4 W 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 z_:,--eopj_ j3i5R �0 20 09 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau CONTRACTOR R.L. Persons Construction Inc. By: (CORPORATE SEAL) (CORP RATE SE (J Attest '�41 0 Attest Gay . Conrad, City Clerk Corporate Secretary) L.6uD4 6iAWL) Address for giving notices 401 Indeaendence Street Cape Girardeau. MO 63703 (If OWNER is a public body, attach evidence of authority to sign and ;5�%;on documents of Agreement. Address for giving notices PQ ( lar Mo �3�oa- License No. A-7 Agent for service of process: �kack_Q_ '; (If CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT "A" CITY OF CAPE GIRARDEAU RAW WATER TRANSMISSION MAIN DRINKING WATER STATE REVOLVING FUND PROJECT 291090-01 BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of installation of: 40,652 L.F. of 1 '/2" HDPE Fiber Optic Conduit with Pull Boxes 32,404 L.F. of 24" PVC by Open Cut methods 455 L.F. of 30" HDPE by HDD methods 5,353 L.F. of 24" DIP by Open Cut methods 730 L.F. of 36" Steel Casing by Boring Misc. Fittings, Restraints, Piping, and Valves and all other appurtenances as specified in the bid documents for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety 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: BF -1 �I Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) .iim{ X1,2,3 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written L:3� �l resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid-, BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by: • Submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and • Providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. • http-//www.uscis.gov/portal/site/uscis (j) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide and require its on-site employees to complete a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health i Administration ("OSHA") or similar program approved by the Missouri Department of ■ Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s) BF -3 • CONTRACT 2 — RAW WATER TRANSMISSION MAIN Cape Girardeau Water System Improvements SRF Project No. 291010-010 LIST OF ESTIMATED QUANTITIES AND UNIT AND LUMP SUM PRICES The undersigned bidder agrees to complete all work and place into successful operation the new water transmission main and appurtenances as set out in the contract documents, specifications and plans for the following amounts: NO ITEM 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. ire 12 -inch DIP Pipe installation with fittings 24 -inch DIP Pipe installation with fittings 24 -inch PVC Pipe installation with fittings 30 -inch HDPE installed by HDD with fittings and restraints 24 -inch DIP, installed with concrete encasement, fittings, and restraints 36 -inch Steel Casing by Boring 8 -inch Steel Casing by Boring Fire Hydrant, Stub, Tee, Valve, & Valve Box, installed Air Release Valves and vaults, installed 12 -inch Gate Valves, Installed 24 -inch Gate Valves, Installed 24 -inch MJ fitting restraints, installed 24 -inch Bell Joint Restraints 20 -inch MJ fitting restraints, installed 1 ''/2" HDPE control conduit installation with splices Control Conduit Pull Boxes, Installed EST. UNIT UNIT QTY. PRICE L. F. 60 L. F. 5,353 L.F. L. F. L.F. L.F. L.F. EA. EA, EA. EA. EA. EA. EA. L. F. $ 200,06 -�5' 7, 00 32,404 $ /9-00- 455 8.0Q455 $ OCT. 00 80 $ l0.00 795 $ 47-5 00 80 $ Z2Sop 2 $ Z,700, 00 6 $ /1100.00 4 $ j ao-or 7 $ &�Oa•oo 86 $ 100.00 126 $ 6 2S, oe 1 $ M s, 00 40,652 % 2.00 EA. 19 `70010 TOTAL BID FOR ALL UNIT PRICES TOTAL EST. PRICE $ 12,000.00 $3oS,/Zl•or $ 583, 272.0o $ 29S,-7SO. oO $lZ 4poD $ 3-77ILS ©Q $ / 0©D , a12 $ SS440©•00 $ W10D•00 $ 000.00 $ �i(p� zap oD $ 9 (oD as $ 7f 7,q•o0 $ 3gs� $ CC21113000 $ 134 30 • °D — 1 b�1P IL4rl/i0N NihP �vn� d '�seIen �AVV ind Ohe i1vnN�'ec✓sPNe� C/o �s nCleo {� (Written figure) Xam, k: (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within one hundred eighty (180) 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 two hundred forty (240) 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 attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Required BIDDER'S Qualification Statement with supporting data. (c) Any Addenda issued. (d) Exhibit Affidavit of Work Authorization (e) The E -Verify Program for Unemployment Verification Memorandum of Understanding. 7. Communications concerning this Bid shall be addressed to: Name ,�,9ho/y�eit/S Address ,�0•%�d.+' (a) Performance and Payment Bonding Company Name /� Q �0 e / %7% Address --f"%/0X—esw4- /�k/1i e1 -e4 /9)c✓ 2 Agent\Power of Attorney Name (if used)//��`�'�ss,Lv fZ W Address 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 20,9 . State Contractor License No. IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnershi By (Firm Name) (General Partner) Business address: A Corporation (SEAL) /Y%D (Corporation Name) (State of Incorp791t ion) By ,(,-aa// Z- l -1O�S (Corporate Seal) Attest Business address (Name f Person Authorized to Sign) (Title) (SEAL) (SEAL) Xrt93� d�,a�1� �le 6Ao 2— t Phone No.: S7 3 -"696 -132 3 Date of Qualification to do business is A Joint Venture By (Name) (Address) (Name) (Address) 7 - 519 BF -7 (SEAL) SEAL) IPhone Number and Address for receipt of official communications- -5-7 3-6�6--/3z 3 f'D /3sx 3 9 38 4� ✓ ��✓ �'i')D- k3 7e z (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.) BREAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: �,Y�yR 7/0/1/ P/f� & %'/Os -K . ilG��j�� /'elliD dAIS r 'W It is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Name) (Type of Work) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we R.L. Persons Construction, Inc., 3025 Cravens Road, Poplar Bluff, MO 63901 as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 3910 Keswick Rd., P.O. Box 1227, Baltimore, MD 21211-2226 (410) 539-0800 a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto City ofCape Girardeau 401 Independence Street Cape Girardeau MO 63703 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Total Amount Bid Dollars( 5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Raw Water Transmission Line, 291010-01 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of September, 2009 Z --- (Witness) ness) R.L. Persons Construction, Inc. rincipal) (Baal) (Title) Fidelity and Deposit Company of Maryland (Surety) (Seal) Z C1 Barbara J. Lem AIA DOCUMENT A310 - BID BOND - AIA ® - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e dens by nominate, constitute and appoint Thomas R. WELSCH, Dennis D. FLATNESS, Dennis W, Barbara M. JOHNSON, Susan M. STEFANSKI and Barbara J. LEM true and lawful agent and Attorney -in -Fact, to make, execute, seal and del' p s s ip as its act and deed: any and all bonds and undertakings, and the execut' s l� or e uance of these presents, shall be as binding upon said Company, asW2fl 9=° to a E ts, as if they had been duly executed and acknowledged by t ' e y at its office in Baltimore, Md., in their own proper persons. This power of attor est �of Thomas R. WELSCH, Dennis D. FLATNESS, Dennis W. LUTZ, Taffra S. HOLMANSKI, Barbara M. JOHNSON, Barbara J. LEMM, dated November 24, 2003. The said Assistant�rdoes hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D. 2005. ATTEST: �•�� DEPps/` 0 It" i State of Marylandl ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 14th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 dr EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 29th day of September 2009 Assistant Secretary CORPORATE CERTIFICATE I, Lenda Birnel, certify that I am the Secretary/Treasurer of R.L. Persons Construction, Inc.; that Randal L. Persons, who signed the City of Cape Girardeau Raw Water Transmission Main D WSRF Project 291010-01 Contract Documents on behalf of the corporation, was then President of said corporation; and that said Contract Documents were duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. R. L. Persons Construction, Inc. (Name of Contractor) Lenda Bird ecretary/Treasurer - (Name and Title) Date: December 22, 2009 It PERFORMANCE BOND Bond #08982940 KNOW ALL MEN BY THESE PRESENTS: that R.L. Persons Construction, Inc. (Name of Contractor) 3025 Cravens Road, Poplar Bluff, MO 63901 (Address of Contractor) a Corporation _, hereinafter called, (Corporation, Partnership or Individual) Principal, and Fidelity and Deposit Company of Maryland (Name of Surety) 3910 Keswick Rd., PO Box 1227, Baltimore, MD 21211-2226 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Cape Girardeau - (Name of Owner) 401 Independence Street, Cape Girardeau, MO 63703 (Address of Owner) hereinafter called Owner, in the penal sum of One Million, Nine Hundred Thirty Seven Thousand, One Hundred Seven and N01100------ Dollars ($1,937,107.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF. THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the -day of , a copy of which is hereto attached and made a part hereof for the construction of: Raw Water Transmission Main SRF DW C291010-01 NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full PR- 1 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. (10) IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this ?�QTH day of &8gj'R CONTRACTOR: R.L. Persons Construction, Inc. (CORPORATE SEAL) Compa Name By: Signature of Principal ature of Secretary Name & Title Name 3025 Cravens Road, Poplar Bluff, MO 63901 Address of Principal SURETY: Fidelity and Dep ompany of Maryland (CORPORATE SEAL) ety Co a Y• Signa e act Signat e of W ness usan M. Stef ski Taffra S. Holman Name of A o -m-Fact Name of Witness c/o Welsch, Flantess & Lutz, Inc. PO Box 66753, St. Louis, MO -63166-6753 Address of Attorney -in -Fact 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. PR -2 PAYMENT BOND Bond 408982940 KNOW ALL MEN BY THESE PRESENTS: that R.L. Persons Construction, Inc. (Name of Contractor) 3025 Cravens Road, Poplar Bluff, MO 63901 (Address of Contractor) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and Fidelity and Deposit Company of Maryland (Name of Surety) 3910 Keswick Rd., PO Box 1227, Baltimore, MD 21211-2226 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Cape Girardeau (Name of Owner) 401 Independence Street, Cape Girardeau, MO 63703 (Address of Owner) hereinafter called Owner, in the penal sum of one Million, Nine Hundred Thirty Seven Thousand, One Hundred Seven and NO/100---------- D011ars($1,937,107.00------- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the dzzr day of e?e);: � 9 a copy of which is hereto attached and made a part hereof for the construction of: Raw WATER Transmission Main SRF DW C291010-01 NOW, THEREFORE, if the Principal shall promptly make payment to all 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. Py- 1 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 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 (10) counterparts, each one of which shall be deemed an original, this the �.� day of Qg�Z geA , 20ZI?. CONTRACTOR: R.L. Persons Construction, Inc. Company Name By: Signature of Principal ,i ay"D �\ �Q�SOnS tis Name & Title (CORPORATE SEAL) ature of Secretary 12 N ��- Name 3025 Cravens Road, Poplar Bluff, MO 63901 Address of Principal SURETY: ' Fidelity and Deposiof Mar land (CORPORATE SEAL) S-7SMK t - -Fact ign ure of W Hess Susan tE, Stefanski J Taffra S. Holman Name o orney-in-Fact Name of Witness c/o Welsch, Flatness & Lutz, Inc. PO Box 66753, St. Louis, MO 63166-6753 Address of Attorney -in -Fact 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) and be authorized to transact business in the state where the project is located. PY-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e des by nominate, constitute and appoint Thomas R. WELSCH, Dennis D. FLATNESS, Dennis W , Barbara M. JOHNSON, Susan M. STEFANSKI and Barbara J. LEM true and lawful agent and Attorney -in -Fact, to make, execute, seal and del' o , s s �' as its act and deed: any and all bonds and undertakings, and the execut' s� or ei� uance of these presents, shall be as binding upon said Company, as �, to a ses, as if they had been duly executed and acknowledged by t e��4dler �y at its office in Baltimore, Md., in their own proper persons. This power of atto es t69Wof Thomas R. WELSCH, Dennis D. FLATNESS, Dennis W. LUTZ, Taffra S. HOLMANS, Barbara M. JOHNSON, Barbara J. LEMM, dated November 24, 2003. The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D. 2005. ATTEST: 'tq 9 f P psi r p, It96 State of Maryland1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary ,4 f jt✓� 1��US% By: William J. Mills Vice President On this 14th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 079-0973 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this c56TI4 day of Assistant Secretary �DTM CERTIFICATE OF LIABILITY INSURANCE 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 X2/28/09D"'""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Welsch, Flatness, & Lutz, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 308 North 21st Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 66753 A Saint Louis, MO 63166-6753 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Zurich U.S. R.L. Persons Construction, Inc. P.O. Box 3938 INSURER B: Hartford Fire Insurance Company Poplar Bluff, MO 63902 INSURER C: INSURER D: INSURER E: LK!]`I a 0-ftel qci THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD'POLICY NSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY GL03504468 04/15/09 04/15/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 MIS PRE ES (E'CLAIMS MED EXP (Any one person) $10,000 MADE 51OCCUR PERSONAL & ADV INJURY $110001000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X PRO- JECT X LOC A AUTOMOBILE X LIABILITY ANY AUTO BAP3504467 04/15/09 04/15/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $NY OTHER THAN EA ACC $ A AUTO AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY X OCCUR FICLAIMS MADE AUC9274317 04/15/09 04/15/10 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND WC3504469 04/15/09 04/15/10 X I TWC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 AEEL NY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT 1$1,000,000 SPECIAL PROVISIONS below B OTHER Contractors 84UUMAJ9057 04/15/09 04/15/10 Leased/Rented Equipment Equipment Limit: $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Raw Water Transmission Main, Drinking Water SFR DW C291919-01 MODOT, City of Cape Girardeau, and Waters Engineering Inc are added as additional insureds under general liability coverage and automobile liability coverage as respects work performed by the named insured where required by written contract. tL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cape Girardeau DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN Development Services Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Engineering Division IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO Box 617 REPRESENTATIVES. Cape Girardeau, MO 63702-0617 AUTHORIZED REPRESENTATIVE AI.UKU ZD (ZUUI/Ut$) 1 Of 2 #S162078/M154942 ML O ACORD CORPORATION 1988 r IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S162078/M154942 RLPERSONS ® INSURANCE BINDER DATE (MMIDDIYYYY) DEDUCTIBLE COINS % AMOUNT 12/14/09 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 SIDE OF THIS FORM. AGENCY COMZurich PANY U.S. BIND R# Welsch, Flatness, & Lutz, Inc. DAMAGE TO RE Q PREMISES S ____ OCP #TBD AT EFFECTIVE EXPIRATION DATE TiME 308 Horth 21st Street AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NOWONhNED AUTOS n ,�-�- X Ah1 X 12:01 AM P.O. Box 66753 Saint Louis MO 63166-6753 TBD 12:01 AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: PM 04/15/2010 NOON A/CNNo Ext): (314) 436-2399 FC.rAX o :314 342-7170 OTHER THAN AUTO ONLY: THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY#: CODE: t CODE: AGENCY DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Including Location) D• 2�9�-� Cape Girardeau Missouri INSURED City of Cape Girardeau Raw Water Transmission Main, Drinking Water SFR DW Development Services Dept 0291919-01 P.O. Box 617 F -L DISEASE -EA EMPLOYEE S Ca a Girardeau MO 63703 SPECIAL Designated Contractor: R.L. Persons Construction Inc CONDITIONS[ OTHER COVERAGES nnve� w r_ee LIMITS TYPE OF INSURANCE COVERAGEIFORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS BASIC 7 BROAD 7 SPEC ADDITIONAL INSURED GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1-1 OCCUR X Owners Contractors Protective Liability RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ 2,500,000 DAMAGE TO RE Q PREMISES S ____ MED EXP on© son $ PERSONAL &ADV INJURY $ ---- GENERAL AGGREGATE $ 2,500,000 PRODUCTS - COMPIOP AGG $ ---- AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NOWONhNED AUTOS n ,�-�- COMBINED SINGLE LIMIT S BODILY INJURY (Per pecson) $ BODILY INJURY (Par accident) S PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST S S AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE STATED AMOUNT S OTHER GARAGE LIABILITY ANY AUTO AUTO ONLY -FA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY UMBRELIAFORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE; EACH OCCURRENCE S AGGREGATE S SELF-INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS EL EACH ACCIDENT S F -L DISEASE -EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT SPECIAL Designated Contractor: R.L. Persons Construction Inc CONDITIONS[ OTHER COVERAGES FEES S TAXES 5 ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS ACORD 75 (2004109) NOTE: IMPORTANT STATE INFORMATION ON PAGE 2 B ACORD CORPORATION 1993-2004 INS075 I20041W.04a CJG Paae 1 of 2 MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE LOAN # AUTHORIZED REPRESENTATIVE n ,�-�- ACORD 75 (2004109) NOTE: IMPORTANT STATE INFORMATION ON PAGE 2 B ACORD CORPORATION 1993-2004 INS075 I20041W.04a CJG Paae 1 of 2 CONDITIONS This Company binds the kind(s) of insurance stipulated on page 1. The Insurance is subject to the terms, conditions and limitafions of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the tender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except In the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2004109) INS075 t200410l.04a Page 2 of 2 CJG CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, Ljm• LDR/ C uNNG/{A , the duly (Print) authorized and acting legal representative of The Cit,, of Girardeau, Missouri , do hereby certify as follows: I have examined the foregoing contract(s) of 4. P�iQSd /V S (Contractor(s)) �Ns�RcJc.Tion1. r�v�. and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements have been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. In addition, I have examined the Certificate of Insurance for amounts and coverages per the requirements of the General ' Conditions/Supplemental General conditions of the CONTRACT DOCUMENTS and find that adequate insurance is in full force. and effect. 'Project Attorney Address: *4>1 ZNDE'P,5 DE'NCA�• ST•• CAF15 (5 -IR, R0,Z94)j Ma• 4.37x3 OCT -06-2009 09:18 CITY OF CAPE GIRARDEAU 573 651 0860 P.04 � t MISSOURI STATE REVOLVING FUND and STATE GRANT & LOAN PROGRAMS MINORITY AND WOMEN'S BUSINESS ENTERPRISE UTILIZATION WORKSHEET Funding Recipient W d -kms iss i s-,-\ flA, EV6 ✓ a6L4 Project No.: ContractoTffingineer: Address: PC oL-233,9-2-- Contact o2Contact Person:L n inQ(Telephone No. 5 f; (� Amount of Contract /, 3-7,107-00 MBE Percentage _ WBE Percentage i0 MBE Subcontractor .) L- WBE ✓ Address 3 3,4 I 5, Fi�� wa iSA to '7. O oo K 1 i r, -e O Contact Person J -e- vi h i der A,- _ Telephone No. q OA MBEfWBE Certification Number WC lqec-i MODOT MBE/WBE Certification (Yes) ✓ (No) Amount of Subcontract :6\18 v o0 Scope of Work Lina 1C� ci C 2. lVi$E Subcontractor S � � � u -c -1c <�', , } ✓�c. � � WBE ./ Address 190H l 1-E� `i Contact Person Sher✓ Telephone o. 5?3 �1 3 L, b 311 OA MBE/WBE Certification Number _ w c) 0-16 -1 MODOT MBE/WBE Certification (Yes) ✓ (No) . Amount of Subcontract 3 a P d 02 Scope of Work,l 3. MBE Subcontractor Cces+(-a COn-% rc-e�('n5 WBE v- Address Contact Person ,} o s h,�.-� L �l-��t Telephone No. 31 q - _ Z-oo' z OA MBE/WBE Certification Number W 6 C- 158 MODOT MBE/WBE Certification (Yes) ✓ (No) Amount of Subcontract i� S o o . a --o Scope of Work ore C..¢xnGpe Rev. 07/14/09 /07/2009 10:7b bljbbbl3yl Ki Ut,-b'(-&IM 116:.52 CITY IF CAPE G I RARDEAU 573 651 0860 P.02/02 4. MBE Subcontractor WBE Address Contact Person Telephone No. OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) --Amount of Subcontract - _- _ __ _ _ __ _-_-- ---_-----_--_-- Scope of work S. MBE Subcontractor WBE Address Contact Person _Telephone No. OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work 6. MBE Subcontractor WBE Address Contact Person Telepbone No.✓ OA, MBENMBE Certification Number MODOT MBEAVBE Certification (Ycs) (No) Amount of Subcontract Scope of Work Comments Prepared By: L e- r -d a- -2 iv -Y,-0 Telephone Number: 5""13 — COO& —1 ':'; z 3 Date: Rev. 07/14/09 TOTAL P.02 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror(s) or Bidder(s) attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor(s) aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade Goals for female participation for each trade All Years 11.4% 6.9% These goals are applicable to all the Contractor(s) construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor(s) compliance with the Executive Order and the regulations in 41 CFR Part 60- 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor(s) goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor: employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the covered area is the City limits of Cape Girardeau, Missouri; Cape Girardeau County. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction Contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: Pagel of 3 a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and training programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting it's EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than once month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m.Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory affect by continually monitoring all personnel and employment related activities to ensure that Page 2 of 3 the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities re nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications providing that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligation under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 -CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 3 of 3 CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING (For contracts, grants, cooperative agreements, and loans over $100,000) The undersigned certifies, to the best of his or her knowledge and belief, 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 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 the extension, 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards (at all tiers, including contracts under grants, loans, and cooperative agreements, subcontracts, and subgrants) over $100,000, and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction impost by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Name of Entity (city, county, contractor, etc.) A�ren.S Arcc_ Name of Certifying Official (Mayor, Presiding Commissioner, President, etc.) Signature of Certifying Official - Date . EPA United States Environmental Protection Agency Washington, D.C. EPA Project Control Number Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal. State., or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the. award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. /E, /,/ leo hs �•-�f Typed Name & Title of Authorized Representative Signature of Authorized Representative I am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49(11-88) 9-2y, -a5 Date U.S. ENVIRONMENTAL PROTECTION AGENCY WATER QUALITY OFFICE CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related sub -contracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term Osegregated facilitiesO means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Signature Name and Title of Signer (Print or Type) Firm Name , ./ /"t.fo" Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. EXHIBIT AFFIDAVIT OF OSHA TRAINING COMES NOW (Name),&/W W I�'J° 5 as (Off ice Held) e of (Company Name/Contractor) /G. L Ai -fans and fust being duly sworn, on my oath, affirm in connection with the contracted services related to Cabe d✓at� G/� (Pro)ect Name) for the duration of the contract, as follows: 1. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo. 2. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the Project commences, as required by Section 292.675, RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. 4. Contractor shall require all of its Subcontractors to comply with the requirements of Section 292.675, RSMo. 5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required in Section 292.675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition of the penalties described therein shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 7. Contractor acknowledges that in the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred J ff 19 J Jul and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) ATTEST: Sec (or other officer) (SEAL OF CORPORATION "'• L , 16�9—Ja a1 �Wf (name of corporation) (name of officer of corporation and title) STATE OF MISSOURI ) I� ) ss. <1J COUNTY OF CAPE GIRARDEAU ) On this 2?4%ay of &04embW , 20 01, before me appeared ']-�A,, to me personally known, who, being by me duly sworn, did say that's e is the of �R L ��rsshS Colds-}r�tc4-r an��ta Missouri Corporation, and that the seal affixed to the I foregoing instrument is the seal of said Corporation, and that the said instrument was signed and L yl sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year firs ove tten. N ry Public My Commission Expires: ';l z -q ��pgY P�j 6, GP:. LENDA BIR NEL _ =0 : •NOTARY My ComE mission xpires * ` SEAL y� Februa y.24, 20711 Butler County OF�I�I N ` 0QrgtPi9taiQn #07458296 EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name)nn4/lgvSe-0' s as (Office Held) of (Company Name/ Contractor) /4'• L. /4�a e S and first being duly sworn, on my oath, affirm as follows: 1. (Company Name/ Contractor) If • Z is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to (Project Name) e l✓,z/& �for the duration of the contract in accordance with RSMo Chapter 285.530(2). 2. I also affirm that (Company Name/Contractor) ��L- �r.�d0�! S does not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Project Name) Cie A1,714- 4e:-'0-5, for the duration of the contract. 3. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) ATTEST S c (or other officer) (SEAL OF CORPORATION) .G /404J (name of corporation) -- (name of officer of corporation and title) r STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this `day of r, 200_jbefore me appeared I�zr�dal • Persa� , tome personally known, who, being by me duly sworn, did say thklh�Yshe is theWires t d.Rr +- of K&Aw-5eni5 Conll. �Y1c- , a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. No ublic SRR UB , LENDA BIRNEL ��'' X? n My Commission Expires February 24, 2011 -9� Butler County MyConunission Expires: �FM�' Commission #07458296 •r ' . `4 Company ID Number: 113622 FOR liM.P.I..0 M.. , I' VER.I1't:(. I'].O :1VIE.N10RANDI. N-€. OF JDERSTANDIN( ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and R.L. Persons Construction, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E -Verify). E -Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form I-9) has been completed. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA 1. Upon completion of the Form I-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E - Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment Company ID Number: 113622 eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form I-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E -Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means, and • Photo verification checks (when available) on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to provide to the Employer a manual (the E -Verify Manual) containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify.. DHS agrees to provide training materials on E -Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, and U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws, and to ensure accurate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. Company ID Number: 113622 C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E -Verify. The Employer agrees to become familiar with and comply with the E -Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E - Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I-9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2 (b) (1) (B)) can be presented during the Form I-9 process to establish identity). If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766 (Employment Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form I-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations. or laws, except for the following modified requirements applicable by reason of the Employer's participation in E - Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E -Verify ; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any Company ID Number: 113622 action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form I-9 have been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E -Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E -Verify procedures for re - verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of a photo non -match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above, the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of Company ID Number: 113622 employees based upon tentative nonconfirmations, and that any violation of the unfair immigration -related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E - Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 13. The Employer agrees that it will use the information it receives from the SSA or. DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of newly -hired employees after completion of the Form I-9. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E -Verify -related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E -Verify Program. In addition, for the purpose of evaluating E -Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E -Verify, to interview employees hired during E -Verify use concerning their experience with the pilot, and to make employment and E -Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E -Verify. ARTICLE IH REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The r, "'. Company ID Number: 113622 Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E -Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form I-551 or Form I- 766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 14 Company ID Number: 113622 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non -match. ARTICLE IY SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E -Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E -Verify through the use of mandatory refresher tutorials and updates to the E -Verify manual. Even without changes to E -Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E -Verify is not confidential information and may be disclosed as -authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act (FOIA). V. t 0 F Company ID Number: 113622 The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify Operations at 888-464- 4218. Employer R.L. Persons Construction, Inc. Leanne Baker Name (Please type or print) Title Electronically Signed 04/14/2008 Signature Date Department of Homeland Security — Verification Division USCIS Verification Division Name (Please type or print) Title Electronically Signed 04/14/2008 Signature Date Company ID Number: 113622 INFORMATION REQUIRED FOR THE E -VERIFY PROGRAM Information relating to your Company: Company Name: R.L. Persons Construction, Inc. (573) 686 - 1323 Fax Number: (573) 686 - 1397 Company Facility Address: 3025 Cravens Rd Name: Poplar Bluff, MO 63901 Telephone Number: Company Alternate Address: PO Box 3938 Ibirnel@rlpersons.com Poplar Bluff, MO 63902 County or Parish: BUTLER Employer Identification Number: 431552823 North American Industry Classification Systems Code: 237 Parent Company: Number of Employees: 20 to 99 Number of Sites Verified for: 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State. MISSOURI 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Leanne F Baker Telephone Number: (573) 686 - 1323 Fax Number: (573) 686 - 1397 E-mail Address: (baker@rlpersons.com Name: Lenda F Birnel Telephone Number: (573) 686 - 1323 Fax Number: (573) 686 - 1397 E-mail Address: Ibirnel@rlpersons.com CHANGE ORDER Sheet No. 1 of 1 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract Change Order No. 1 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) Addendum # 2 to the contract documents added a section (2.) to include Rock Excacvation at $ 150.00 per cubic yard if rock is encountered on this project. This change order provides an estimated quantity per the project consultant's estimate which will be adjusted as necessary in future change orders to the actual quantity of rock excavation required on the project. Thus, this change order adds an estimated quantity at the established price so the contractor can be paid at progress intervals rather than after final quantities are determined. 2. F.ctimnte of C'nst of Wnrk Affeeterl by thic Chnnae (-lydpr- (A) ADD ITEM NO. (B) CONTRACT ITEM NO. (C) ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UMTS TO BE CONSTRUCTED (F) UNITS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 17 Rock Excavation 0 1,560 1,560 $ 150.00 $ 234.000.00 TOTALS S 234,000.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER $ 234,000.00 3. OVERRUN PREVIOUS $ 0.00 4. TOTAL OVERRUN TO DATE 5. TOTAL S 1,937,107 $ 234,000 $ 2,171,107 Terms ofStttILInent outlined above hereby agreed to Gl�r�f� l-GNT-)A QlaNEL U,f7?Pas Persons Construction, Inc. [Corporate Officer Must Sign] 2 -12-Io Date MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Z/E//a DATE �-/Ly/d DATE DATE Raw Water Transmission Main Change Order # I Page I of I if March 15, 2010 RECEIVEQ MAR 1 8 2010 Jeremiah W. (Jay) Nixon, Governor . Mark N. Templeton, Director T OF NATURAL RESOURCES Mr. Scott Meyer, City Manager City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 www.dnr.mo.gov RE: DW291010-01 Cape Girardeau, MO —Raw Water Main Installation Contract, Change Order No. 1 Dear Mr. Meyer: Enclosed is approved Change Order No. 1 to the Raw Water Main Installation contract with R. L. Persons Construction, Inc. for your State Revolving Fund project. This change order increases the eligible cost of construction by the amount of $234,000 and has no effect on the construction time. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. A t �I Rc... 1,d Npu 11 Mr. Scott Meyer, City Manager March 15, 2010 Page 2 If you have any questions please feel free to contact me at (573) 751-1406 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WATER PROTECT ON PROGRAM E. of r v son, Project Coordinator Financial Assistance Center EJP/bv Enclosure Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms. Kelly Green, P.E., City Engineer Mr. John Hill, Southeast Regional Office Mr. Steve Jones, P.E., Water Protection Program U CHANGE ORDER Sheet No. 1 of 1 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 1 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) Addendum # 2 to the contract documents added a section (2.) to include Rock Excacvation at $ 150.00 per cubic yard if rock is encountered on this project. This change order provides an estimated quantity per the project consultant's estimate which will be adjusted as necessary in future change orders to the actual quantity of rock excavation required on the project. Thus, this change order adds an estimated quantity at the established price so the contractor can be paid at progress intervals rather than after final quantities are determined. 2. Estimate of Cost of Work Affected by thic Chnnae Clyder- (A) ADD ITEM NO (B) CONTRACT ITEM NO (C) ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UMTS TO BE CONSTRUCTED (F) UMTS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 17 Rock Excavation 0 1,560 1,560 $ 150.00 $ 234 000.00 TOTALS S 234,000.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT S 1,937,107.00 The Terms of Settlement out[' above are hereby agreed to 2. OVERRUN THIS ORDER S 234,000.00 3. OVERRUN PREVIOUS $ 0.00 `� r 4. TOTAL OVERRUN TO DATE $ 234,000.0 Le N��C 1,� ip,1�L— � u 1 eraj 5. TOTAL $ 2,171,107 0 � erson onstruc Inc. [Corporate Officer Must Si a-l� -10_ Date ATERS ENPTNEERING, INC., Richard Cochran, P.E. OF CAPE GIRAKDEAV, MO, Scott Meyer, City Manager MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Z—// 8 // , DATE /2,V/!v [Y&tment of m tural Resources k; ,&R 15 2010 DATE pOVED Raw Wafer Transmission Main Change Order 4 1 Page I of I CHANGE ORDER Sheet No. 1 of 1 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 2 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) It has been discovered that the Bell Joint restraints necessary to join the 24" pipe inside the 36" casing pipe do not allow the HDPE conduit, which is to carry the fiber optic cable, to be placed in the same casing pipe. In order to install the HDPE conduit, it is necessary to do separate horizontal directional bores. Four bore locations are affected by this situation; Old Highway 61, SEMO Stone Entrance, the railroad bore southeast of TransMontaigne and the entrance to the Stanley Batch plant. On the plans, the first site was DIP and the last three were PVC both 24" pipe. The 24" PVC with restraints as planned will not fit inside the 36" casing so the PVC at these bores will be switched to DIP. This switch can be done as an adjustment to existing contract items. 2. Estimate of Cost of Work Affected by this Change Order - (A) ADD ITEM NO. (B) CONTRACT ITEM NO. (C) ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UMTS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 18 1%" HDPE by Horizontal Boring 0 540 540 $ 12.00 $ 6,480.00 TOTALS 1 $ 6,480.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER 3. OVERRUN PREVIOUS 4. TOTAL OVERRUN TO DATE 5. TOTAL WATERS CITY $ 1,937,107 S6,480.00 S 234,000.00 $ 240,480.00 $ 2,177,587.00 Cochran, P.E. Scott Meyer, City Manager MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Terms of Settlement outlined above are hereby agreed to Persons Construction, Inc. [Corporate Officer Must Sign] 4/Zt.�10 DATE ✓//e DATE DATE Raw Water Transmission Main Change Order # 2 Page 1 of] 1TE r�S.sUUF May 12, 2010 Mr. Scott Meyer City Manager of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 Jeremiah W. (Jay) Nixon, Governor . Mark N. Templeton, Director OF NATURAL RESOURCES www.dnr.mo.gov RECEIVED MAY 1 4 2010 RE: DW291010-01 Cape Girardeau, MO, Raw Water Main Installation Contract, Change Order No. 2 Dear Mr. Meyer: Enclosed is approved Change Order No. 2 to the Raw Water Main Installation contract with R. L. Persons Construction, Inc. for your Drinking Water State Revolving Fund project. This change order increases the eligible cost of construction by the amount of $6,480 and has no effect on the construction time. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. If you have any questions, please contact me at (573) 751-1406 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WATER PROTEC PROGRAM E. f in n, Project Coordinator Financial ssistance Center EJP:km Enclosure c: Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms. Kelly Green, P.E., City Engineer, City of Cape Girardeau Mr. John Hill, Southeast Regional Office Mr. Maher Jaafari, P.E., Water Protection Program, Public Drinking Water Branch Mr. Steve Jones, P.E., Water Protection Program, Financial Assistance Center il/ pA• Recycled Paper .� k10 2,487 Department of Natural Rs)sour es MAY 12 2010 CHANGE ORDER APPROVED Change Order No. 2 Sheet No. I of I City Cape Girardeau, MO Project SRF DW C291010-03 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) It has been discovered that the Bell Joint restraints necessary to join the 24" pipe inside the 36" casing pipe do not allow the HDPE conduit, which is to carry the fiber optic cable, to be placed in the same casing pipe. In order to install the HDPE conduit, it is necessary to do separate horizontal directional bores. Four bore locations are affected by this situation; Old Highway 61, SEMO Stone Entrance, the railroad bore southeast of TransMontaigne and the entrance to the Stanley Batch plant. On the plans, the first site was DIP and the last three were PVC both 24" pipe. The 24" PVC with restraints as planned will not fit inside the 36" casing so the PVC at these bores will be switched to DIP. This switch can be done as an adjustment to existing contract items. n n,..:.....,..,, ,.Fn,,..+AFF ..ro.1 ham, rt,;� 01-.,,.A 1-1-1- - ---•• (A) ADD ITEM NO, --- -- ---- (B) CONTRACT ITEM NO. -- - -- - -1 - (C) ITEM DESCRIPTION (D) UMTS PREVIOUSLY PROVIDED FOR (E) UMTS TO BE CONSTRUCTED (F) UNITS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 1 S l Yz" HDPE by Horizontal Boring 0 540 540 $ 12.00 $ 6,480.00 TOTALS i S6,480.001 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT $ 1,937,107 2. OVERRUN THIS ORDER $ 6,480.00 3. OVERRUN PREVIOUS S 234,000.00 4. TOTAL OVERRUN TO DATE $ 240,480 5. TOTAL $ 2,177,587 WATERS ENGINEFL94Nq, INC., Richard Cochran, P.E. GIUARDE/j(J, MO, Scott Meyer, City Manager MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Terms of Settlement outlined above are hereby agreed to Persons Construction, Inc. [Corporate Officer Must Sign] Date DATE - � / 5I /lu D T C- I DATE Raw Water Transmission Main Change Order 9 2 Page I of l CHANGE ORDER Sheet No. 1 of I To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 3 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) The PVC pipe needs to be fully restrained according to the restraining table in the plans. However, the PVC pipe with restraints will not fit through the 36' casing pipe. Fully restrained DIP will fit through that size casing so it has been decided to use DIP instead of the PVC at three existing bore locations[I )near the entrance to SEMO Stone, 2)across from Stanley Batch and 3)at Sprigg St]. It has also been decided that DIP should be used east of the Sprigg St.bore to prevent possible contamination issues as this is along the TransMontaigne fuel tanks drain area. An additional 470 of DIP will need to be purchased; the pipe price has gone up $ .50 per foot so a separate item at the higher price is added. RL Persons had previously agreed to accept payment for a bore under Highway 74 by allowing the City to pay for 210' of DIP. As this pipe is now needed, the City agreed to buy back the 210 at a per foot price of $ 49.20 which is the price the City paid under the H D Supply Waterworks contract. Changing the pipe type requires three additional dresser couplings to connect DIP to PVC. 2. F,stimate of Cost of Work Affected by this Chnnne Order - (A) ADD ITEM NO. (B) CONTRACT ITEM NO. (C) ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UMTS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (1) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 19 24" DIP Installation with fittings 0 500 500 $ 57.50 $ 28 750.00 20 24" DIP buy back 0 210 210 $ 49.20 $ 10 332.00 21 24" Dresser Couplings 0 3 3 $ 2,650.00 $ 7,950.00 TOTALS IS 47,032.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER $ 3. OVERRUN PREVIOUS $ 4. TOTAL OVERRUN TO DATE 5. TOTAL WATERS 47,032.00 240,480.00 NEERING, INCL, Richard Cochran, P.E. GIRARDEAU, tt ever, City'T MO DEPARTMENT OF NATURAL RESOURCES $ 1,937,107.00 IIThe Terms of Settlement outlined above are hereby agreed to S 287,512.00 S 2,224,619.00 JJR.L. Persons Construction, Inc. [Corporate Officer Must Sign] S- 7 -iv AL STI/o DATE DATE DATE Date Raw Water Transmission Main Change Order N 3 Page I of] CHANGE ORDER Sheet No. 1 of 1 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Department Of Natural R -sources MAY 2 6 2010 APPROVED Change Order No. 3 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) The PVC pipe needs to be fully restrained according to the restraining table in the plans. However, the PVC pipe with restraints will not fit through the 36' casing pipe. Fully restrained DIP will fit through that size casing so it has been decided to use DIP instead of the PVC at three existing bore locations[ 1)near the entrance to SEMO Stone, 2)across from Stanley Batch and 3)at Sprigg St]. It has also been decided that DIP should be used east of the Sprigg St.bore to prevent possible contamination issues as this is along the TransMontaigne fuel tanks drain area. An additional 470 of DIP will need to be purchased; the pipe price has gone up $ .50 per foot so a separate item at the higher price is added. RL Persons had previously agreed to accept payment for a bore under Highway 74 by allowing the City to pay for 210' of DIP. As this pipe is now needed, the City agreed to buyback the 210 at a per foot price of $ 49.20 which is the price the City paid under the H D Supply Waterworks contract. Changing the pipe type requires three additional dresser couplings to connect DIP to PVC. 2. Estimate of Cost of Work Affected by this Change Order: (A) ADD ITEM NO. (B) CONTRACT ITEM NO. (C) ITEM DESCRIPTION (D) UMTS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UMTS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 19 24" DIP Installation with fittings 0 500 500 $ 57.50 $ 28,750.00 20 24" DIP buy back 0 210 210 $ 49.20 $ 10,332.00 21 24" Dresser Couplings 0 3 3 $ 2,650.00 $ 7,950.00 TOTALS $ 47,032.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: nD (�'� E 0 V F. 1. CONTRACT AMOUNT $ 1,937,107.00 The Terms of Settlement outlined above are uelu greed to 2. OVERRUN THIS ORDER $ 47,032.00 L 3. OVERRUN PREVIOUS $ 240,480.00 Xj/ 4. TOTAL OVERRUN TO DATE $ 287,512.00 by: 5. TOTAL $ 2,224,619.00 R.L. Persons Construction, Inc. [Corporate Officer Must Sign] WA ., Richard Cochran, P.E. OF CAPE GIRXRDEAU/MO, Scott Meyer, City Manager MO DEPARTMENT OF NATURAL RESOURCES APPROVAL DATE DATE DATE Date Raw Water Transmission Main Change Order N 3 Fuge l "f l May 26, 2010 Mr. Scott Meyer, City Manager City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 Jeremiah W. (Jay) Nixon, Governor • Mark N. Templeton, Director OF NATURAL RESOURCES www.dnr.mo.gov RECEIVED JUN 0 1 2010 RE: DW291010-01 Cape Girardeau, MO- Raw Water Main Installation Contract, Change Order No. 3 Dear Mr. Meyer: Enclosed is approved Change Order No. 3 to the Raw Water Main Installation contract with R.L. Persons Construction, Inc. for your Drinking Water State Revolving Fund project. This change order increases the eligible cost of construction by the amount of $47,032 and has no effect on the construction time. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. If you have any questions, please contact me at (573) 751-1406 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WATER PROTECTION PROGRAM E. s , roject Coordinator Fin istance Center EJP:km Enclosure c: Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms. Kelly Green, P.E., City Engineer, City of Cape Girardeau Mr. John Hill, Southeast Regional Office Mr. Maher Jaafari, P.E., Water Protection Program, Public Drinking Water Branch Mr. Steve Jones, P.E., Water Protection Program, Financial Assistance Center 0s Recycled Paper CHANGE ORDER Sheet No. 1 of 1 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 4 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) Contract line Item No. 2 is being adjusted to reflect a plan error and a reduction in the amount used in the field. The quantity called out on the bid proposal did not include 210 lineal feet of the 24 -inch DIP and, due to field conditions, 77 lineal feet of planned 24 -inch DIP was changed to HDPE for a net increase of 133 lineal feet of 24 -inch DIP used on the project. Line Item No 19 as shown on Change Order No. 3 should have read 24 " DIP purchase with fittings instead of installation as this is the price per foot for purchase; the installation price for Item No. 19 is now Item No. 22. Line Item No. 20 as shown on Change Order No. 3 should have read 24" DIP buy back purchase only; the installation price for the bought back pipe is now Line Item No. 23. Line Item No. 24 is added to the project to protect the City's water line integrity if there should be a fuel/oil spill at TransMontaigne fuel storage tanks area. The original fittings were included in the price for the pipe; however these petroleum resistant gaskets are a hundred dollars more each than the originally planned fittings. 2. Rstimnte. of Cnst of Wnrk Affected by this Chance Order - (A) ADD ITEM NO, (B) CONTRACT ITEM NO. (C) ITEM DESCRIPTION (D) UMTS PREVIOUSLY PROVIDED FOR (E) UMTS TOBE CONSTRUCTED (F) UNITS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (1-1) AMOUNT OF OVERRUN OR PLUS CONTINGENT (1) AMOUNT OFUNDERRUN OR MINUS CONTINGENT 2 24 -inch DIP Pipe Installation with Fittings 5,353 5,486 133 $ 57.00 $ 7,581.00 19 24" DIP Purchase with Fittings 20 24" DIP Buy Back Purchase Only 22 24" DIP Installation 0 500 500 $ 57.00 $ 28,500.00 23 24" DIP Buy Back Installation 0 210 210 $ 57.00 $ 11,970.00 24 24" Petroleum Resistant Gaskets 0 28 28 $ 100.00 $ 2,800.00 TOTALS I S 50,851.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER $ 3. OVERRUN PREVIOUS $ 4. TOTAL OVERRUN TO DATE 5. TOTAL 50,851.00 287,512.00 $ 1,937,107.00 IIThe Terms of Settlement outlined above are hereby agreed to $ 338,363.00I[by_ S 2,275,470.00 R.L. Persons Construction, Inc. [Corporate Officer Must Sign] Date MO DEPARTMENT OF NATURAL RESOURCES APPROVAL % lel) O DATE DA DATE Raw Water Transmission Main Change Order 9 4 Page I of] RECEIVED AUG 1 3 201 Jeremiah W. (Jay) Nixon, Governor . Mark N. Templeton, Director OF MISSU�tI j XTMENT OF NATURAL RESOURCES www.dnr.mo.gov August 10, 2010 Mr. Scott Meyer, City Manager City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 RE: DW291010-01 Cape Girardeau, MO - Raw Water Main Installation Contract, Change Order No. 4 Dear Mr. Meyer: Enclosed is approved Change Order No. 4 to the Raw Water Main Installation contract with R.L. Persons Construction, Inc. for your Drinking Water State Revolving Fund project. This change order increases the eligible cost of construction by the amount of $50,851 and has no effect on the construction time. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. If you have any questions, please contact me at (573) 751-1406 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WATER PROTEC ION PROGRAM e inson, Project Coordinator Financial Assistance Center EJP: km Enclosure Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms. Kelly Green, P.E., City Engineer, City of Cape Girardeau Mr. John Hill, Southeast Regional Office Mr. Maher Jaafari, P.E., Water Protection Program, Public Drinking Water Branch Mr. Steve Jones, P.E., Water Protection Program, Financial Assistance Center 0 R,—kd Paper RECEIVED AUG 1 6 Zit"Depaliment of aLura f Rano ,irces CHANGE ORDER AUG 10 2010 APPROVED Change Order No. 4 Sheet No. 1 of 1 City Cape Girardeau, MO Project SRF DW C291010-03 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) Contract line Item No. 2 is being adjusted to reflect a plan error and a reduction in the amount used in the field. The quantity called out on the bid proposal did not include 210 lineal feet of the 24 -inch DIP and, due to field conditions, 77 lineal feet of planned 24 -inch DIP was changed to HDPE for a net increase of 133 lineal feet of 24 -inch DIP used on the project. Line Item No 19 as shown on Change Order No. 3 should have read 24 " DIP purchase withfittings instead of installation as this is the price per foot for purchase; the installation price for Item No. 19 is now Item No. 22. Line Item No. 20 as shown on Change Order No. 3 should have read 24" DIP buy back purchase only; the installation price for the bought back pipe is now Line Item No. 23. Line Item No. 24 is added to the project to protect the City's water line integrity if there should be a fuel/oil spill at TransMontaigne fuel storage tanks area. The original fittings were included in the price for the pipe; however these petroleum resistant gaskets are a hundred dollars more each than the originally planned fittings.- — �. csurrtaM Ur k,Ubr Ur vv U,� — . . . (I) (A) (B) (C) (D) (E) (F) (G) (I) ADD CONTRACT UMTS UMTS UNITS CONTRACT AMOUNT AMOUNT ITEM ITEM ITEM DESCRIPTION PREVIOUSLY TO BE OVERRUN, OR AGREED OF OVERRUN OF UNDERRUN NO. NO. PROVIDED CONSTRUCTED UNDERRUN, UNIT PRICE OR PLUS OR MINUS FOR CONTINGENT CONTINGENT CONTINGENT 2 24 -inch DIP Pipe Installation with 5,353 5,486 133 $ 57.00 $ 71581.00 Fittings 19 24" DIP Purchase with Fittings 20 24" DIP Buy Back Purchase Only 22 24" DIP Installation 0 500 500 $ 57.00 $ 28,500.00 23 24" DIP Buy Back Installation 0 210 210 $ 57.00 $ 11,970.00 24 24" Petroleum Resistant Gaskets 0 28 28 $ 100.00 $ 2,800.00 TOTALS IS 50,851.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER S 50,851.00 3. OVERRUN PREVIOUS $ 287,512.00 4. TOTAL OVERRUN TO DATE 5. TOTAL WATERS ENGINEE , INV., Richard Cochran, P.E. $ 1,937,107.00 IIThe Terms of Settlement outlined above are $ 338,363.00 11by: $ 2,275,470.00 R.L. Persons Construction, Inc. [Corporate CAPE GIRAVDEAU,%410, Scott Meyer, City Manager DATE Must Sign] 4 19"-- * /v A- / DATE MO DEPARTMENT OF NATURAL RESOURCES APPROVAL DATE Raw Water Transmission Main Change Order 9 4 Page 1 of] CHANGE ORDER Sheet No. I of I To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 5 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) Contract line Item No. 9 is increased by one to accommodate field conditions. Two new items are being added. Line Item No. 25 adds an anchor coupling and accessories to enable a tie-in to a Flanged ductile iron pipe that had been installed by Alliance just west of Cape LaCroix Creek. The other item added, No. 26, is for two additional gate valves not originally planned. One is located south of the pipe installed near William Street by Alliance during a previous job and it is midpoint of a long run that needed a shut off in case of problems. The other is east of the tee that will be cut into an existing line from the North Well Fields and will enable the complete isolation of the water from the north wells with one valve instead of having to use the shut off valve at each individual well. 7 F.ctimale of Cnst of Wnrk Affected by this Chanpe. Order - (A) (B) (C) (D) (E) (F) (G) (H) (1) ADD CONTRACT UNITS UNITS UNITS CONTRACT AMOUNT AMOUNT ITEM ITEM ITEM DESCRIPTION PREVIOUSLY TO BE OVERRUN, OR AGREED OF OVERRUN OF UNDERRUN NO. NO. PROVIDED CONSTRUCTED UNDERRUN, UNIT PRICE OR PLUS OR MINUS FOR CONTINGENT CONTINGENT CONTINGENT 9 Air Release Valves and Vaults, 6 7 1 $ 1,100.00 $ 1,100.00 Installed 25 12" x 24"Anchor Coupling with 0 1 1 $ 1,520.00 $ 1,520.00 Accessories Purchased and [nstalled 26 24" Gate Valves with Accessories 0 2 2 $ 20,273.55 $ 40,547.10 Purchased and Installed TOTA LS $ 43,167.10 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER $ 43,167.10 3. OVERRUN PREVIOUS $ 338,363.00 4. TOTAL OVERRUN TO DATE 5. TOTAL $ 1,937,107.00 IIThe Terms of Settlement outlined above are hereby agreed to $ 381,530.10 $ 2,318,637.10 L. Persons Construction, Inc. [Corporate Officer Must Sign] Date MO DEPARTMENT OF NATURAL RESOURCES APPROVAL 'g,! 2�� O DATE DATE Raw Water transmission Main Change Order 4 5 Page I of / September 10, 2010 Mr. Scott Meyer, City Manager City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 RECEIVED SEP 1 5 z010 jcrcmiah W Qay) Nixon, Governor . Kip A. Stetzler, Acting Director OF NATURAL RESOURCES www.dnr.mo.gov RE: DW291010-01 Cape Girardeau, MO - Raw Water Main Installation Contract, Change Order No. 5 Dear Mr. Meyer: Enclosed is approved Change Order No. 5 to the Raw Water Main Installation contract with R.L. Persons Construction, Inc. for your Drinking Water State Revolving Fund project. This change order increases the eligible cost of construction by the amount of $43,167.10 and has no effect on the construction time. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. If you have any questions, please contact me at (573) 751-1406 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WATER PROTEC ON PROGRAM E. mson, Project Coordinator Fin 'al Assistance Center EJP:km Enclosure c: Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms. Kelly Green, P.E., City Engineer, City of Cape Girardeau Mr. John Hill, Southeast Regional Office Mr. Maher Jaafari, P.E., Water Protection Program, Public Drinking Water Branch Mr. Stephen P. Jones, P.E., Water Protection Program, Financial Assistance Center A ca Recycled Paper Sheet No. 1 of 1 To: R.L. Persons Construction Inc. Deparmnfent of CHANGE ORDER SEP 1 0 2010 A PP F 0� ,'T_ D Change Order No. 5 City Cape Girardeau, MO Project SRF DW C291010-03 You are hereby directed to make the following changes from the contract: 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) Contract line Item No. 9 is increased by one to accommodate field conditions. Two new items are being added. Line Item No. 25 adds an anchor coupling and accessories to enable a tie-in to a flanged ductile iron pipe that had been installed by Alliance just west of Cape LaCroix Creek. The other item added, No. 26, is for two additional gate valves not originally planned. One is located south of the pipe installed near William Street by Alliance during a previous job and it is midpoint of a long run that needed a shut off in case of problems. The other is east of the tee that will be cut into an existing line from the North Well Fields and will enable the complete isolation of the water from the north wells with one valve instead of having to use the shut off valve at each individual well. L. GStIII (A) Iatu UI L.UJt (B) w vv VA n _uw vy (C) ..6.. —...-•. (D) (E) (F) (G) (H) - (1) ADD CONTRACT UNITS UNITS UNITS CONTRACT AMOUNT AMOUNT ITEM ITEM ITEM DESCRIPTION PREVIOUSLY TO BE OVERRUN, OR AGREED OF OVERRUN OF UNDERRUN NO, NO. PROVIDED CONSTRUCTED UNDERRUN, UNIT PRICE OR PLUS OR MINUS FOR CONTINGENT CONTINGENT CONTINGENT 9 Air Release Valves and Vaults, 6 7 1 $ 1,100.00 $ 1,100.00 Installed 25 12" x 24"Anchor Coupling with 0 1 1 $ 1,520.00 $ 1,520.00 Accessories Purchased and Installed 26 24" Gate Valves with Accessories 0 2 2 $ 20,273.55 $ 40,547.10 Purchased and Installed TOTALS S 43,167.10 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER $ 43,167.10 3. OVERRUN PREVIOUS $ 338,363.00 4. TOTAL OVERRUN TO DATE 5. TOTAL WATERS ENGIN PE GIRA Richard Cochran, P E. $ 1,937,107.00 The Terms of Settlement outlined above are hereby agreed to $ 381,530.10 $ 2,318,637.10 MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Persons Construction, Inc. [Corporate Officer Must Sign] Date VA(.6 D ATE G + DA 11{ C t� ra ( U� DATE C/3 1 Ram, Water transmission Mann Change Order, 5 Page I of l ✓7 CHANGE ORDER Sheet No. 1 of 2 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 6 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) When the boring subcontractor, King Contracting, started boring the 30" HDPE underneath Sloan Creek as originally planned, a hard surface in the northern creek edge was encountered. The City hired Koehler Engineering to perform some exploratory bores. King Contracting proposed to extend the bore 163 lineal feet totaling 493 lineal feet at a price of $ 947.00 per lineal foot which amounted to $ 466,871.00. The City determined that increase was notjustifiable and decided to remove the 30" directional bore from the contract. The design consultant, Waters Engineering Inc., designed a new alignment to cross Sloan Creek using an open trench. The general contractor, R.L. Persons Construction Inc., quoted a price of $ 351,000.00 to complete the crossing for the unit prices listed below as Item 27 a through o. The unit costs are much higher than the original bid price for the like items due to dewatering the open trench. Items No. 3, 4, 8, 9, 11, 12, 13 and 15 are reduced by the quantities no longer needed because of changes added in Item No. 27. 2. Estimate of Cost of Work Affected by this Change Order: (A) ADD ITEM NO. (B)(C) CONTRACT ITEM NO, ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UNITS OVERRUN. UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (n AMOUNT OF UNDERRUN OR MINUS CONTINGENT 27 Sloan Creek HDPE Pipe Crossing: a 30" HDPE 0 296 296 $ 250.00 $ 74,000.00 b 24" PVC Pipe 0 532 532 $ 190.00 $ 101,080.00 c 30" 22.5° ELL 0 3 3 S 4,000.00 $ 12,000.00 d 30" 11.25° ELL 0 2 2 $ 4,000.00 $ 8,000.00 e 30" x 24" Reducer 0 2 2 $ 4,000.00 $ 8,000.00 f 24" 11.25* ELL 0 1 1 $ 4,000.00 $ 4,000.00 g 24" 22.5° ELL 0 2 2 $ 4,000.00 $ 8,000.00 It 24" 45° ELL 0 6 6 $ 4,000.00 S 24,000.00 I MJ Restraints 0 22 22 $ 3,000.00 $ 66,000.00 j BJ Restraints 0 9 9 $ 3,000.00 $ 27,000.00 k 24" Gate Valve 0 2 2 $ 5,000.00 $ 10,000.00 I Fire Hydrant, TEE and Valve 0 1 1 $ 3,920.00 $ 3,920.00 In Air Release Valve 0 1 1 $ 1,500.00 $ 1,500.00 n Test Pit 0 1 1 $ 1,844.00 $ 1,844.00 0 1 1/2" HDPE Conduit 0 828 828 $ 2.00 $ 1,656.00 3 24 -inch PVC Pipe Installation with Fittings 32,404 32,029 375 $ 18.00 $ 6,750.00 4 30 -inch HDPE Installed by HDD with Fittings and Restraints 455 125 330 $ 650.00 $ 214,500.00 8 Fire Hydrant, Stub, Tee, Valve & Valve Box, Installed 2 1 1 $ 2,700.00 $ 2,700.00 9 Air Release Valves and Vaults, Installed 7 6 1 $ 1,100.00 S 1,100.00 11 24 -inch Gate Valves, Installed 7 5 2 $ 6,600.00 $ 13,200.00 12 24 -inch M] Fitting Restraints, Installed 86 68 18 $ 1,100.00 $ 19,800.00 13 24 -inch Bell Joint Restraints 126 113 13 $ 625.00 S 8,125.00 15 11/2" HDPE Control Conduit Installation with Splices 40,652 39,947 705 $ 2.00 S 1,410.00 TOTALS $ 351,000.00 S 267,585.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: Raw Water Transmission Main Change Order k 6 Page ! of 2 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER 3. OVERRUN PREVIOUS 4. TOTAL OVERRUN TO DATE 5. TOTAL $ 1,937,107.00 $ 83,415.00 $ 381,530.10 $ 464,945.10 $ 2,402,052.10 WATERS ENGINEFsRIn, INC., Richard Cochran, P.E. Y OF Meyer, City Manager MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Terms of Settlement outlined above are hereby agreed to Persons Construction, Inc. [Corporate Officer Must Sign] ze to Ag/,a DATE I '/T'/c; DATE DATE Raw Water Transmission Main Change Order N 6 Page 2 of 2 October 8, 2010 Mr. Scott Meyer, City Manager City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 EIVED NOV 12 20 10 Jeremiah W. (Jay) Nixon, Governor . Kip A. Stealer, Acting Director OF NATURAL RESOURCES xvww.dnr.mo.gov RE: DW291010-01 Cape Girardeau, MO -Raw Water Main Installation Contract, Change Order No. 6 Dear Mr. Meyer: Enclosed is approved Change Order No. 6 to the Raw Water Main Installation contract with R.L. Persons Construction, Inc. for your Drinking Water State Revolving Fund project. This change order increases the eligible cost of construction by the amount of $83,415 and has no effect on the construction time. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. If you have any questions, please contact me at (573) 522-1803 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WATER PROTECTION PROGRAM S phen . Jo es P.E., Environmental Engineer Financia sistance Center SPJ:km Enclosure c: Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms. Kelly Green, P.E., City Engineer, City of Cape Girardeau Mr. John Hill, Southeast Regional Office Mr. Jeff Pinson, Water Protection Program, Financial Assistance Center to arc,d,d rape - CHANGE ORDER Change Order No. 6 Sheet No. I of 2 City Cape Girardeau, MO Project SRF DW C291010-03 To: R.L. Persons Construction Inc You are hereby directed to make the following changes from the contract: I. Description and Reason for Change: (Attach Supplemental Sheets if Required) When the boring subcontractor, King Contracting, started boring the 30" HDPE underneath Sloan Creek as originally planned, a hard surface in the northern creek edge was encountered. The City hired Koehler Engineering to perform some exploratory bores. King Contracting proposed to extend the bore 163 lineal feet totaling 493 lineal feet at a price of $ 947.00 per lineal foot which amounted to $ 466,871.00. The City determined that increase was not justifiable and decided to remove the 30" directional bore from the contract. The design consultant, Waters Engineering Inc., designed anew alignment to cross Sloan Creek using an open trench. The general contractor, R.L Persons Construction Inc., quoted a price of $ 351,000.00 to complete the crossing for the unit prices listed below as Item 27 a through o. The unit costs are much higher than the original bid price for the like items due to dewatering the open trench. Items No. 3, 4, 8, 9, 11, 12, 13 and 15 are reduced by the quantities no longer needed because of changes added in Item No. 27. ') 117-i of.. f ('nct of Wnrlr AfG—t—I by thic (`hnnar Ord— (A) ADD ITEM NO. (B) CONTRACT ITEM NO. (C) - ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UNITS OVERRUN. UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (n AMOUNT OF UNDERRUN OR MINUS CONTINGENT 27 Sloan Creek HDPE Pipe Crossing: a 30" HDPE 0 296 296 $ 250.00 $ 74,000.00 b 24" PVC Pipe 0 532 532 $ 190.00 $ 101,080.00 c 30" 22.5° ELL 0 3 3 S 4,000.00 $ 12,000.00 d 30" 11.25° ELL 0 2 2 $ 4,000.00 $ 8,000.00 e 30" x 24" Reducer 0 2 2 $ 4,000.00 $ 8,000.00 f 24" 11.25' ELL 0 1 1 $ 4,000.00 $ 4,000.00 g 24" 22.5" ELL 0 2 2 $ 4,000.00 $ 8,000.00 h 24" 45° ELL 0 6 6 $ 4,000.00 $ 24,000.00 i MJ Restraints 0 22 22 $ 3,000.00 $ 66,000.00 j BJ Restraints 0 9 9 $ 3,000.00 $ 27,000.00 k 24" Gate Valve 0 2 2 $ 5,000.00 $ 10,000.00 1 Fire Hydrant, TEE and Valve 0 1 1 $ 3,920.00 $ 3,920.00 m Air Release Valve 0 1 1 $ 1,500.00 $ 1,500.00 n Test Pit 0 1 1 $ 1,844.00 $ 1,844.00 0 1 1/2" HDPE Conduit 0 828 828 $ 2.00 $ 1,656.00 3 24 -inch PVC Pipe Installation with Fittings 32,404 32,029 375 $ 18.00 $ 6,750.00 4 30 -inch HDPE Installed by HDD with Fittings and Restraints 455 125 330 $ 650.00 $ 214,500.00 8 Fire Hydrant, Stub, Tee, Valve & Valve Box, Installed 2 1 1 $ 2,700.00 $ 2,700.00 9 Air Release Valves and Vaults, Installed 7 6 1 $ 1,100.00 $ 1,100.00 11 24 -inch Gate Valves, Installed 7 5 2 $ 6,600.00 $ 13,200.00 12 24 -inch MJ Fitting Restraints, Installed 86 68 18 $ 1,100.00 $ 19,800.00 13 24 -inch Bell Joint Restraints 126 113 13 $ 625.00 $ 8,125.00 15 1 1/2" HDPE Control Conduit Installation with Splices 40,652 39,947 705 $ 2.00 $ 1,410.00 TOTALS S 351,000.00 $ 267,585.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted Raw Waler Trancmirsinn Main Change Order N 6 U li u OCT 2 5 K110 °age I of 2 1. CONTRACT AMOUNT S 1,937,107.00 The Terms of Settlement outlined above are hereby agreed to 2. OVERRUN THIS ORDER S 83,415.00 3. OVERRUN PREVIOUS S 381,530.10 4. TOTAL OVERRUN TO DATE S 464,945.10 by: /J 5. TOTAL S 2,402,052.10 R.L. Persons Construction, Inc. [Corporate Officer Must Sign] Date WATERS ENGiNEE,RffdG,(INC., Richard Cochran, P.E. 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I MX STATkJN/AG tS SHOWN AV 7N£ TABLE ASOPE . i. •; � V, _._. v --. I I I __> 'Rn- 7 1 I -- Le' / / l6JVO17Jt' GV" /M"A` tO-AY' M,SI1bVNEO FROM YAR/OI/S flli!'NGQ a _ �,:. ! ,°'-::,....r: - _. !f_�4_-_it-.1--��'�:,j1, �::, .. - -:,. --S,t"y`''.!.-`,. ,r -a. 1 i ~' /�?i ,r - Y^•'r/ a ;£ Ai.0 �N4Y31AW/LR£o rtUh7s�c^, �NS7A[iA '»uF' - '..472ES THE 4SE Or f717#•= PIPE _ ff S f - G --.-_ G "'"--y- �;,- .� ...:• 1 , , y . Y , .� VAVI d1' AYS'YI VAtV R1 A ASrAAAX 'WV IHE �V,•_tABLE, G _- G'OV144CIM RWI ff•IW All rMRIS AYA/LABL� 1}/ Ot1IOH4L FI777NG5 AND FO[LOW s �— S s •s-------- --1--- I j •1 / AtWff.KAw7 r)L-'AYANi.` 44(X AS- _ y m S '"�. S -� S i' __--�_� _._ ♦-1 r 1 . I. �'` ::f -_ rdra-1 3d 225' EI.L u' OVER PPE U, A5' ELL �EVF� NOPE: 3o IN H FITTING (W CSE FU510N WELDEP FITTINGS r r•t caf�55 frlLa, ntA rrzercrl 7EPft1 v _ zt sate' vALv> ( PETAL, THIS srffr) OR HPM MJ hPAf ( fjUIRED FOR DLLTLE MJ FITTINC75 SGo ,. _ .._ ,.._ _ .- _ -_'_ _ _'_ Vl x ZA• Pk`-L7kA`F FTK IAN F r - '',•�.t''n'."v 111 Lf 2A• PIPE rix 1oO w0 ''.-' • -. 4a Lt tA' P". (-STRAB ZA; A�. � I v /I W 2A' PPE : -- - .. C./�.- -OAN (,.�x �lik '�,T', f"fi °'�` ZbG Ir LA' P'�' . 11 LF 9d: SII tVPE !.1ZU _ + - _. - Q� 100 !A MA4' 1r•,M% IV, 70:z 2A' REAX.ER I I IA "LP 5d"wn WPE ! t- ",LA' 0Alr VN.�t` V2 I P %41,ji ,Ixi'. F-.>± d, #,e r,4• ,%+wl 0+80 HOD 1+10 HAO I+60 1+80 2+00 2+10 2+40 1+60.... 2+80 5+00 +,U 1,40 N-40 5+60 4.,70 4+W 4.4a +, h:' 4, a.:, n,.VV 5+10 CHANGE ORDER Sheet No. 1 of I To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract Change Order No. 7 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) A portion of the raw water transmission main runs along the railroad tracks. The railroad company requires that a twenty-five feet separation be maintained between the railroad and a pipe. In order to achieve the twenty-five feet separation for this pipe, bore # 4 casing has to be lengthened ten feet on the east end. Item No. 6 provides for the additional bore casing pipe length. The design engineer for this project made an error in calculating the length of 24" ductile iron pipe quantity shown on the bid proposal for this project. The City initially purchased some of the ductile iron pipe required and then additional purchase and installation for all but one hundred and twenty lineal feet was addressed by Items 19 and 20 on Change Order # 3. The remaining one hundred and twenty lineal feet of installation is being provided for in this Change Order # 7. 2. Estimate of Cost of Work Affected by this Chanae nrderr (A) ADD ITEM NO. (B) CONTRACT ITEM NO. (C) ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UNITS OVERRUN, UNDERRUN, CONTINGENT (G) (H) CONTRACT AMOUNT OR AGREED OF OVERRUN UNIT PRICE OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 6 36 -inch steel casing by boring 795 805 10 $ 475.00 $ 4,750.00 22 24" DIP Installation 500 620 120 $ 57.00 $ 61840.00 $ 11,590.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER 3. OVERRUN PREVIOUS 4. TOTAL OVERRUN TO DATE 5. TOTAL $ 11,590.00 $ 464,945.10 $1,937,107.00 $ 476,535.10 $ 2,413,642.10 WATERS ENCgR1 1JNG, INC., Richard Cochran, P.E. OF,CAPE GIF*RDEAU, MO, Scott Meyer, City Manager MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Terms of Settlement outlined above are hereby agreed to Persons Construction, Inc. [Corporate Officer Must Sign] DATE D /y I ATE '/ f DATE Date Raw Water Transmission Main Change Order # 7 Page h of h j Jeremiah W. (Jay) Nixon, Governor Sara Parker Pauley, Director T OF NATURAL RESOURCES January 2s, 2011 FEB 0 2 2011 Mr. Scott Meyer, City Manager BY; City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 RE: DW291010-01 Cape Girardeau, MO -Raw Water Main Installation Contract, Change Order No. 7 Dear Mr. Meyer: Enclosed is approved Change Order No. 7 to the Raw Water Main Installation contract with R.L. Persons Construction, Inc. for your Drinking Water State Revolving Fund project. This change order increases the eligible cost of construction by the amount of $11,590 and has no effect on the construction time. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. If you have any questions, please contact me at (573) 751-1406 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WHAT R PROT ION PROGRAM V • ,�cnaar.� e inson, Project Coordinator Financial Assistance Center EJP:bv Enclosure Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms: Kelly Green, P.E., City Engineer, City of Cape Girardeau Mr. John Hill, Southeast Regional Office Mr. Stephen P. Jones, P.E., Water Protection Program, Financial Assistance Center 0 xttydca eaper Department ®f Natural Resources J, i--, 2 2011 Sheet No. 1 of 1 APPROVED To: R.L. Persons Construction Inc. CHANGE ORDER You are hereby directed to make the following changes from the contract: Aed, ND 44B7 Change Order No. 7 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) A portion of the raw water transmission main runs along the railroad tracks. The railroad company requires that a twenty-five feet separation be maintained between the railroad and a pipe. In order to achieve the twenty-five feet separation for this pipe, bore # 4 casing has to be lengthened ten feet on the east end. Item No. 6 provides for the additional bore casing pipe length. The design engineer for this project made an error in calculating the length of 24" ductile iron pipe quantity shown on the bid proposal for this project. The City initially purchased some of the ductile iron pipe required and then additional purchase and installation for all but one hundred and twenty lineal feet was addressed by Items 19 and 20 on Change Order # 3. The remaining one hundred and twenty lineal feet of installation is being provided for in this Change Order # 7. 2. Estimate of Cost of Work Affected by this Change Order: (A) (B) (C) (D) (E) (F) (G) (H) (I) ADD CONTRACT UNITS UNITS UNITS CONTRACT AMOUNT AMOUNT ITEM ITEM ITEM DESCRIPTION PREVIOUSLY TO BE OVERRUN, OR AGREED OF OVERRUN OF UNDERRUN NO. NO. PROVIDED CONSTRUCTED UNDERRUN, UNIT PRICE OR PLUS OR MINUS FOR CONTINGENT CONTINGENT CONTINGENT 6 36 -inch steel casing by boring 795 805 10 $ 475.00 $ 4,750.00 22 24" DIP Installation 500 620 120 $ 57.00 $ 6,840.00 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER 3. OVERRUN PREVIOUS 4. TOTAL OVERRUN TO DATE 5. TOTAL $ 11,590.00 $ 464,945.10 $1,937,107.00 $ 476,535.10 S 2,413,642.10 11,590.00 Terms of Settlement outlined above are hereby agreed to Persons Construction, Inc. [Corporate Officer Must Sign] MO DEPARTMENT OF NATURAL RESOURCES APPROVAL. DR � JA L 1 2017 1�13�J r DATE DATE Raw Water Transmission Main ( Change Order X 7 1 Nagz 1 aj i I CHANGE ORDER Sheet No. 1 of 2 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 8 City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) Item # 1 was changed by the Design Engineer who noted a discrepancy between the plans and material purchased and who adjusted the amount installed to utilize the material available. Item # 3 is further reduced because the PVC pipe planned to go through the casing pipe would not fit with the restraints required so the PVC was changed to DIP at Bores 2,3 & 4. The boring machine was unable to bore the radius as tight as called for on the plans at the south end of the Ramsey Creek bore; City and Contractor agreed that adding 77 feet of the HDPE, which is added in Item # 4, would achieve the needed radius. Item # 7 was to be used as conduit for electrical items under the railroad; however, this work was no longer needed. One of the valves in Item # 11 was put in with Sloan Creek crossing, Item # 27, so was removed here. Item # 14 was no longer needed as Alliance had addressed it when doing work for a parking lot improvement earlier. Item # 17 for rock excavation was adjusted two ways. It was reduced by 606.90 cubic yards to what quantity was actually removed and then 83.33 cubic yards were added for the removal of the underground portion of an old Shoe Factory wall that had not been known to exist and therefore was not on the plans. Item # 28 is added to provide for an alignment change at railroad bore # 2 near TransMontaigne after a TransMontaigne representative requested the raw water main cross their fuel lines at a perpendicular angle. The City was not able to accomplish that but did increase the angle the water main crossed their pipe by using an 11.25° elbow which moved the pipe angle but kept the main within the easement corridor. Once the Isle of Capri boundary was established, the City decided not to do the planned sidewalk replacement that was part of this water main project along the portion of Main Street that became Isle of Capri planned development property. Sidewalk replacement was not a bid item; it had been included in other items. RL Persons figured what it would have cost them to do the replacement of this much sidewalk and gave the City a lump sum; this is Item # 29. Item # 30 is added to reimburse King Contracting Inc. for work to drill Sloan Creek. While King was trying to install the 30" HDPE, a rock shelf was encountered that was undetected during the design phase of the plans. Koehler Engineering & Surveying Inc. was hired to perform exploritory bores to determine the type and depth of the rock. The bores determined that the hard surface was a weathered rock approximately 30 to 35 feet deep and this was the exact designed depth of the 30" HDPE along the south creek bank of Sloan Creek. The City asked King for a price for installing the 30" HDPE through rock and the price came in much higher than the City was willing to spend. The City then asked Waters Engineering, the design engineer, to redesign the creek crossing using an open trench method which effectively removed the 30" HDPE from the contract. The City feels that King Contracting should be compensated for the work they performed to attempt to bore the 30" HDPE at Sloan Creek. The remaining Items are adjustments to the actual quantities used as field conditions warranted. 2. Estimate of Cost of Work Affected by this Chanse Order: (A) ADD ITEM NO. (B) CONTRACT ITEM NO. (C) ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UNITS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 1 12" DIP 60.00 39.00 21.00 $ 200.00 $ 4,200.00 3 24" PVC 32,029.00 30,520.10 1,508.90 $ 18.00 $ 27,160.20 4 30" HDPE 125.00 202.00 77.00 $ 650.00 $ 50,050.00 7 8" Steel Casing by Boring 80.00 0.00 80.00 $ 225.00 $ 18,000.00 11 24" Gate Valves 5.00 6.00 1.00 $ 6,600.00 $ 6,600.00 12 24" MJ Fitting Restraints 68.00 66.00 2.00 $ 1,100.00 $ 2,200.00 13 24" Bell Joint Restraints 113.00 100.00 13.00 $ 625.00 $ 8,125.00 14 20" MJ Fitting Restraints 1.00 0.00 1.00 $ 385.00 S 385.00 15 1'/2' HDPE Control Conduit 39,947.00 37,106.70 2,840.30 $ 2.00 $ 5,680.60 16 Control Conduit Pull Boxes 19.00 22.00 3.00 $ 700.00 $ 2,100.00 17 Rock Excavation 1,560.00 1,036.32 523.68 $ 150.00 $ 78,552.00 18 1'/" HDPE by Horizontal Boring 540.00 350.00 190.00 $ 12.00 $ 2,280.00 21 24" Dresser Couplings 3.00 2.00 1.00 $ 2,650.00 $ 2,650.00 22 24" DIP Installation 620.00 608.60 11.40 $ 57.00 $ 649.80 24 Petroleum Resistant Gaskets 28.00 21.00 7.00 $ 100.00 $ 700.00 27 Sloan Creek HDPE Pipe Crossing: a 30" HDPE 296.00 288.90 7.10 $ 250.00 $ 1,775.00 b 24" PVC Pipe 532.00 495.10 36.90 $ 190.00 $ 7,011.00 f 24" 11.250 ELL 1.00 2.00 1.00 $ 4,000.00 $ 4,000.00 g 24" 22.5° ELL 2.00 0.00 2.00 $ 4,000.00 1 $ 8,000.00 Raw Water Transmission Main Change Order # 8 Page I of 2 f 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER 3. OVERRUN PREVIOUS 4. TOTAL OVERRUN TO DATE S. TOTAL $1,937,107.00 IIThe Terms of Settlement outlined above are hereby agreed to $(107,613.76) $ 476,535.10 $ 368,921.34 by: $ 2,306,028.34 JJR.L. Persons Construction, Inc. [Corporate Officer Must Sign] MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Raw Water Transmission Main Change Order H 8 DATE' DATE DATE e 23 - // Date Page 2 of 2 h 24" 45° ELL 6.00 4.00 2.00 $ 4,000.00 $ 8,000.00 i MJ Restriants 22.00 18.00 4.00 $ 3,000.00 $ 12,000.00 j BJ Restraints 9.00 4.00 5.00 $ 3,000.00 $ 15,000.00 k 24" Gate Valve 2.00 1.00 1.00 $ 5,000.00 $ 5,000.00 0 1'/2" HDPE Conduit 828.00 784.00 44.00 $ 2.00 $ 88.00 28 Furnish & Install 24" 11.25° 0.00 1.00 1.00 $ 4,000.00 $ 4,000.00 Elbow Remove 4' Sidewalk 29 Replacement along Main St. 0.00 1.00 1.00 $ 11,650.00 $ 11,650.00 between Mill St. and the Levee Settlement Agreed to for Sloan 30 Creek Attempts to Drill by King 0.00 1.00 1.00 $ 44,742.84 $ 44,742.84 Contracting Inc. S 111,492.84 S 219,106.60 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER 3. OVERRUN PREVIOUS 4. TOTAL OVERRUN TO DATE S. TOTAL $1,937,107.00 IIThe Terms of Settlement outlined above are hereby agreed to $(107,613.76) $ 476,535.10 $ 368,921.34 by: $ 2,306,028.34 JJR.L. Persons Construction, Inc. [Corporate Officer Must Sign] MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Raw Water Transmission Main Change Order H 8 DATE' DATE DATE e 23 - // Date Page 2 of 2 RECEIVED OCT 10 2011 ECEIVU OCT 11 2011 STATE OF Ivl ISSOURI Jeremiah W. (Jay) Nixon, Governor . Sara Parker Pauley, Director DEPARTMENT OF NATURAL RESOLD www.dnr.mo.gov October 5, 2011 Mr. Scott Meyer, City Manager City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 RE: DW291010-01 Cape Girardeau, MO - Raw Water Main Installation Contract, Change Order No. 8 Dear Mr. Meyer: Enclosed is approved Change Order No. 8 to the Raw Water Main Installation contract with R.L. Persons Construction, Inc. for your Drinking Water State Revolving Fund project. This change order decreases the eligible cost of construction by the amount of $107,613.76 and has no effect on the construction time. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. If you have any questions, please contact me at 573-751-1406 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WATER PROTE N PROGRAM E. effrey mson, Project Coordinator Financial Assistance Center EJP:km Enclosure c: Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms. Kelly Green, P.E., City Engineer, City of Cape Girardeau Mr. John Hill, Southeast Regional Office Mr. Stephen P. Jones, P.E., Water Protection Program, Financial Assistance Center 0 Recycled Paper Sheet No. I of 2 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the CHANGE ORDER l' V �a D St°2 2 201,1 i ;e Order No. 8 Cape Girardeau, MO t SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) Item # I was changed by the Design Engineer who noted a discrepancy between the plans and material purchased and who adjusted the amount installed to utilize the material available. Item # 3 is further reduced because the PVC pipe planned to go through the casing pipe would not fit with the restraints required so the PVC was changed to DIP at Bores 2,3 & 4. The boring machine was unable to bore the radius as tight as called for on the plans at the south end of the Ramsey Creek bore; City and Contractor agreed that adding 77 feet of the HDPE, which is added in Item # 4, would achieve the needed radius. Item # 7 was to be used as conduit for electrical items under the railroad; however, this work was no longer needed. One of the valves in Item # 11 was put in with Sloan Creek crossing, Item # 27, so was removed here. Item # 14 was no longer needed as Alliance had addressed it when doing work for a parking lot improvement earlier. Item # 17 for rock excavation was adjusted two ways. It was reduced by 606.90 cubic yards to what quantity was actually removed and then 83.33 cubic yards were added for the removal of the underground portion of an old Shoe Factory wall that had not been known to exist and therefore was not on the plans. Item # 28 is added to provide for an alignment change at railroad bore # 2 near TransMontaigne after a TransMontaigne representative requested the raw water main cross their fuel lines at a perpendicular angle. The City was not able to accomplish that but did increase the angle the water main crossed their pipe by using an 11.25° elbow which moved the pipe angle but kept the main within the easement corridor. Once the Isle of Capri boundary was established, the City decided not to do the planned sidewalk replacement that was part of this water main project along the portion of Main Street that became Isle of Capri planned development property. Sidewalk replacement was not a bid item; it had been included in other items. RL Persons figured what it would have cost them to do the replacement of this much sidewalk and gave the City a lump sum; this is Item # 29. Item # 30 is added to reimburse King Contracting Inc. for work to drill Sloan Creek. While King was trying to install the 30" HDPE, a rock shelf was encountered that was undetected during the design phase of the plans. Koehler Engineering & Surveying Inc. was hired to perform exploritory bores to determine the type and depth of the rock. The bores determined that the hard surface was a weathered rock approximately 30 to 35 feet deep and this was the exact designed depth of the 30" HDPE along the south creek bank of Sloan Creek. The City asked King for a price for installing the 30" HDPE through rock and the price came in much higher than the City was willing to spend. The City then asked Waters Engineering, the design engineer, to redesign the creek crossing using an open trench method which effectively removed the 30" HDPE from the contract. The City feels that King Contracting should be compensated for the work they performed to attempt to bore the 30" HDPE at Sloan Creek. The remaining Items are adjustments to the actual quantities used as field conditions warranted. I Fctimate of Cnct of Wnrk Afferted by this Chanve order' (A) ADD ITEM NO. (B) CONTRACT ITEM NO. (C) ITEM DESCRIPTION (D) UNITS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UNITS OVERRUN, UNDERRUN, CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 1 12" DIP 60.00 39.00 21.00 $ 200.00 $ 4,200.00 3 24" PVC 32,029.00 30,520.10 1,508.90 $ 18.00 $ 27,160.20 4 30" HDPE 125.00 202.00 77.00 $ 650.00 $ 50,050.00 7 8" Steel Casing by Boring 80.00 0.00 80.00 $ 225.00 $ 18,000.00 11 24" Gate Valves 5.00 6.00 1.00 $ 6,600.00 $ 6,600.00 12 24" MJ Fitting Restraints 68.00 66.00 2.00 $ 1,100.00 $ 2,200.00 13 24" Bell Joint Restraints 113.00 100.00 13.00 $ 625.00 $ 8,125.00 14 20" MJ Fitting Restraints 1.00 0.00 1.00 $ 385.00 $ 385.00 15 1Y2' HDPE Control Conduit 39,947.00 37,106.70 2,640.30 $ 2.00 $ 5,680.60 16 Control Conduit Pull Boxes 19.00 22.00 3.00 $ 700.00 $ 2,100.00 17 Rock Excavation 1,560.00 1,036.32 523.68 $ 150.00 $ 78,552.00 18 1 Yi' HDPE by Horizontal Boring 540.00 350.00 190.00 $ 12.00 $ 2,280.00 21 24" Dresser Couplings 3.00 2.00 1.00 $ 2,650.00 $ 2,650.00 22 24" DIP Installation 620.00 608.60 11.40 $ 57.00 $ 649.80 24 Petroleum Resistant Gaskets 28.00 21.00 7.00 $ 100.00 $ 700.00 27 Sloan Creek HDPE Pipe Crossing: a 30" HDPE 296.00 288.90 7.10 $ 250.00 $ 1,775.00 b 24" PVC Pipe 532.00 495.10 36.90 $ 190.00 $ 7,011.00 f 24" 11.25° ELL 1.00 2.00 1.00 $ 4,000.00 $ 4,000.00 g 24" 22.5° ELL 2.00 0.00 2.00 $ 4,000.00 $ 8,000.00 Raw Wafer Transmts on Main Change Order 0 8 Page / of 2 Y S 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER 3. OVERRUN PREVIOUS 4. TOTAL OVERRUN TO DATE 5. TOTAL $1,937,107.00 The Terms of Settlement outlined above are hereby agreed to $ (107,613.76) $ 476,535.10 $ 368,921.34 b $ 2,306,028.34 R.L. Persons Construction, Inc. MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Raw Wafer Transmission Main Change Order N 8 [Corporate Officer Must Sign] g -L 3 -/ Date DATE DATE DATE Page 2 of 2 h 24" 45° ELL 6.00 4.00 2.00 $ 4,00000 $ 8,000.00 I MJ Restriants 22.00 18.00 4.00 $ 3,00000 $ 12,000.00 j BJ Restraints 9.00 4.00 5.00 $ 3,000.00 $ 15,000.00 k 24" Gate Valve 2.00 1.00 1.00 $ 5,000.00 $ 5,000.00 0 1'/s" HDPE Conduit 828.00 784.00 44.00 $ 2.00 $ 88.00 28 Fumish & Install 24" 11.25° 0.00 1.00 1.00 $ 4,000.00 $ 4,000.00 Elbow Remove 4' Sidewalk 29 Replacement along Main St. 0.00 1.00 1 00 $ 11,650.00 $ 11,650.00 between Mill St. and the Levee Settlement Agreed to for Sloan 30 Creek Attempts to Drill by King 0.00 1.00 1.00 $ 44,742 84 $ 44,742.84 Contracting Inc. $ 111,492.84 $ 219,106.60 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. OVERRUN THIS ORDER 3. OVERRUN PREVIOUS 4. TOTAL OVERRUN TO DATE 5. TOTAL $1,937,107.00 The Terms of Settlement outlined above are hereby agreed to $ (107,613.76) $ 476,535.10 $ 368,921.34 b $ 2,306,028.34 R.L. Persons Construction, Inc. MO DEPARTMENT OF NATURAL RESOURCES APPROVAL Raw Wafer Transmission Main Change Order N 8 [Corporate Officer Must Sign] g -L 3 -/ Date DATE DATE DATE Page 2 of 2 CHANGE ORDER Sheet No. 1 of 2 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 9 & FINAL City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) This project received ARRA funding which made some of the documentation requirements hard to follow as, at the time of award, ARRA did not have all their requirements set. Multiple field deviations, re -design, re -calculations and cost adjustments required have been addressed in earlier Change Orders. The flooding of the Mississippi River caused portions of the project site to be under water so no construction work could be done at those locations for a time. Determining the As Constructed quantities took several meetings and phone conversations over several weeks before coming to the reconciled amounts. Again, multiple conversations and meetings have occurred to determine when the substantial completion date was reached; it was agreed that the project could be considered substantially complete on April 22, 2011. Due to the complications with King Contracting over the levee bore and paperwork, more time passed and getting the final documentation was considerably drawn out. The transmission main has been properly installed, has passed the testing procedures and all incidental and punch list items completed as of August 31, 2011. Due to the natural contingencies, the field complications, discussions over quantities and the drawn out process to get the final paperwork, the City has decided the overage of calendar days is justifiable and is issuing this Change Order # 9 & FINAL to extend the substantial completion deadline by two hundred fifty-two (252) calendar days and the final completion deadline by three hundred twenty-three (323) calendar days. 2. Estimate of Cost of Work Affected by this Change Order - (A) ADD ITEM NO. (B) (C) CONTRACT ITEM ITEM DESCRIPTION NO. (D) (E) (F) (G) UNITS UNITS UNITS CONTRACT PREVIOUSLY TO BE OVERRUN, OR AGREED PROVIDED CONSTRUCTED UNDERRUN UNIT PRICE FOR CONTINGENT (H) AMOUNT OF OVERRUN OR PLUS CONTINGENT (I) AMOUNT OF UNDERRUN OR MINUS CONTINGENT 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT 2. ZERO CHANGE THIS ORDER S - 3. OVERRUN PREVIOUS S 368,921.34 4. TOTAL OVERRUN TO DATE 5. TOTAL WATERS WGINEE]RING, INC., Richard Cochran, P.E. S 1,937,107.00 IlThe Terms of S 368,921.34 S 2,306,028.34 R. CITY OF CAPE qfVADEAU, MO, Scott Meyer, City Manager MO DEPARTMENT OF NATURAL RESOURCES APPROVAL aboveagreed to ar cre Lenda Bimel Inc. [Corporate Officer Must Sign] I /10// Date /0/,2111 DATE /o/,5 l i[ DAT DATE Raw Wafer Tramn ixsian Main Change Order M 9 FINAL P",< i o/ P"FIVEQ NOV 04 1011 OF MISSOURI Jeremiah W. (Jay) Nixon, Governor . Sara Parker Pauley, Director R,,ARTM NT OF NATURAL RESOURCES www.dnr.mo.gov November 1, 2011 Mr. Scott Meyer, City Manager City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63706-0617 RE: DW291010-01 Cape Girardeau, MO - Raw Water Main Installation Contract, Change Order No. 9 Final Dear Mr. Meyer: Enclosed is approved Change Order No. 9 (Final) to the Raw Water Main Installation contract with R.L. Persons Construction, Inc. for your Drinking Water State Revolving Fund project. This change order does not change the contract amount, but increases the construction time by 323 calendar days. The new final completion date is August 31, 2011. Invoices from your engineer should clearly separate eligible and ineligible costs. We suggest the invoice refer to the date of this letter for eligibility purposes. Failure to clearly separate eligible and ineligible costs may result in the disallowance of project costs should the project be audited after project closeout. Financial assistance on this project -is limited to the amount of the loan and cannot be increased. This change order is for your official project records and should be maintained on file for a minimum of four (4) years following the completion of disbursement. This date may be found in the financing documents of your loan agreement. If you have any questions, please contact me at 573-751-1406 or Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Thank you. Sincerely, WATER PROTEC N PROGRAM e mson, Project Coordinator Financial Assistance Center EJP:km Enclosure Mr. Richard Cochran, P.E., Waters Engineering, Inc. Ms. Kelly Green, P.E., City Engineer, City of Cape Girardeau Mr. John Hill, Southeast Regional Office Mr. Stephen P. Jones, P.E., Water Protection Program, Financial Assistance Center ,. Rar�cicd I':i ��rr _U CHANGE ORDER Sheet No. 1 of 2 To: R.L. Persons Construction Inc. You are hereby directed to make the following changes from the contract: Change Order No. 9 & FINAL City Cape Girardeau, MO Project SRF DW C291010-03 1. Description and Reason for Change: (Attach Supplemental Sheets if Required) This project received ARRA funding which made some of the documentation requirements hard to follow as, at the time of award, ARRA did not have all their requirements set. Multiple field deviations, re -design, re -calculations and cost adjustments required have been addressed in earlier Change Orders. The flooding of the Mississippi River caused portions of the project site to be under water so no construction work could be done at those locations for a time. Determining the As Constructed quantities took several meetings and phone conversations over several weeks before coming to the reconciled amounts. Again, multiple conversations and meetings have occurred to determine when the substantial completion date was reached; it was agreed that the project could be considered substantially complete on April 22, 2011. Due to the complications with King Contracting over the levee bore and paperwork, more time passed and getting the final documentation was considerably drawn out. The transmission main has been properly installed, has passed the testing procedures and all incidental and punch list items completed as of August 31, 2011. Due to the natural contingencies, the field complications, discussions over quantities and the drawn out process to get the final paperwork, the City has decided the overage of calendar days is justifiable and is issuing this Change Order # 9 & FINAL to extend the substantial completion deadline by two hundred fifty-two (252) calendar days and the final completion deadline by three hundred twenty-three (323) calendar days. 2 Fstimnte nfCnst of Wnrk Affected by this Chnnoe Omer (A) (B) (C) ADD CONTRACT ITEM ITEM ITEM DESCRIPTION NO. NO. (D) UNITS PREVIOUSLY PROVIDED FOR (E) UNITS TO BE CONSTRUCTED (F) UNITS OVERRUN, UNDERRUN CONTINGENT (G) CONTRACT OR AGREED UNIT PRICE (H) (1) AMOUNT AMOUNT OF OVERRUN OF UNDERRUN OR PLUS OR MINUS CONTINGENT CONTINGENT 3. Settlement for Cost of the above Change to be made at Contract Unit Price Except as Noted: 1. CONTRACT AMOUNT S 1,937,107.00 The Terms of ttlem nt outlined ab e re hereby agreed to 2. ZERO CHANGE THIS ORDER S - Lenda Bimel 3. OVERRUN PREVIOUS S 368,921.34 L T 4. TOTAL OVERRUN TO DATE S 368,921.34 b Sec / 1 teas 5. TOTAL S 2,306,028.34 ons Construction, Ina [Corporate Officer Must Sign] (d�I/ Date WATERS ENG ERING, Richard Cochran, P.E. L ATE OCT 20 2-111 io tl CITY OF CAPE GIRARD U, O, Scott Meyer, City Manager TE MO DEPARTMENT OF NATURAF RESOURCES APPROVAL DATE Raw Waler Tran.smi.ssian Main Change Order d 9 FINAL Page I of I