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HomeMy WebLinkAboutRes.3084.06-05-2017 BILL NO. 17-88 RESOLUTION NO. yet' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AMERICAN STRUCTURES, INC. , FOR THE NEW GORDONVILLE TANK 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 American Structures, Inc. , for the New Gordonville Tank No. 1, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. lisPASSED AND ADOPTED THIS `/ DAY OF )1\1, 2017. Harry E. ediger, Mayor ATTEST: 0 1:0 • ruse Taylo De uty City ClerklatA rr,`.n_:1111 0 ,, , 1/4 , � co' , tOly t'b: $-� r New Gordonville Tank #1 Location J Zi z W 0 � n � Fr N J = a Q Q o U A W o a w ro 5 Q O O T U m a O a w � K » w o Y N W a No `m a z a U � 2 < e» O 0 e 0 p cs o m U Z O m m m � O U r � Z O O O n N m E n F e O m O Z » w N N d U o u a o pLl N Ja J 6LL' rn a 0 0 m N v v 4 m m o U Z � c N O m @ � � W w = v o N q W' v ¢ O U m O p R,o 2 a v m w O w o 0 c W J o N F F o N n F `o W N � � a o w - 0 W Z as � ro � F o w w O Q N Q � r Z Q C7 O g a O a Z Z Z O QD oQ z� O o w p H J U ¢ Z O Z (if O(D wa rz a W N C U z � � a O H w w � U Z -d. O O O o O 0 U 2 0 o m z E ❑ p U U F ❑ m c m N N W O N N e h _ r wzo o IL a a U p N x y Z z z z o U Ozw a a f0 < LL N O O � W N N � o N r m � � N w N u> w O W O i W h 0 w o W > Q m N G CD Q U a O OLL a � Z O O Y LL z y O Q J O O O W � m W O N J Q d K Z O 5 wU F- i Z K Oo a� U( U w w o m o' r z r � a CITY OF CAPE GIRARDEAU NEW GORDONVILLE TANK NO. 1 Project No. 6190 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2017 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and American Structures, 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 Contractor shall furnish and install a nominal one million gallon bolted steel ground storage water tank at 2990 Gordonville Road. The tank shall be of either bolted stainless steel or bolted glass -fused -to -steel construction. The Contractor shall also provide site work, electrical and all the appurtenances as indicated in the Project Specifications prepared by Horner & Shifrin, Inc. and dated May 2017 for the City of Cape Girardeau, Missouri. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within 210 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 A-1 14.13 of the General Conditions within 240 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 Nine Hundred fifty dollars $950.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Nine Hundred fifty dollars 950.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amount determined pursuant to paragraph 4.1 below: 4.1 For Lump Sum Amount. LUMP SUM CONTRACT AMOUNT Nine Hundred Fourteen Thousand Nine Hundred Fifty Eight Dollars and no cents. ($914,958.00) 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. 95% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 95% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 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. A-3 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or 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 ENGINEERwritten notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS, The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-7 inclusive). us 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 SCA to SC- 5 , inclusive). 8.7 Specifications bearing the title New Gordonville Tank No. 1. 8.8 Drawings. 8.9 Addenda numbers 1 to 2 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -7 , inclusive) marked exhibit "A" 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to _, inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 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. A-5 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 must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. 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 Effective Date of the Agreement). OWNER City of Cape Girardeau Scott Meyer, City Manager M [CORPORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. 2017 (which is the CONTRACTOR American Structures Inc., N4471 M [CORPORATE SEAL] Attest Address forgiving notices 469th Street, P O Box 409, Menomonie, WI 54751 License No. I_dl Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) Page intentionally left blank CITY OF CAPE GIRARDEAU NEW GORDONWLLE TANK NO. 1 Project No. 6190 BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvements consist of: This project consists of the construction of a nominal one million gallon bolted steel ground storagewater tank at 2990 Gordonville Road. Proposals will be received for both bolted stainless steel and glass -fused -to -steel bolted tanks. The project also includes site work, electrical and all the appurtenances as indicated in the Project Specifications prepared by Homer & Shifiin, Inc. and dated May 2017 for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: CITY OF•CAPE GiRARDEAU'.M0 40-1-'ANDEPENDENCE STREET CAPE;GIRARDEAl1 `.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 fumish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following: BF -1 (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms BF -2 , I Addenda, receipt of all which is hereby acknowledged: (ust Addenda by Addendum Number and Date) Addendum No. 1 05/23/17 Addendum No. 2 05/25/17 ' (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and ' furnishing of the Work-, - (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and ' Regulations that may affect cost, progress; performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface ' conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such , reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) ' all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or , 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 resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms BF -2 , I and conditions for performing and furnishing the Work for which this Bid is submitted. Any questions, comments, or concerns regarding the design of this project should be addressed to Tim Richmond, Proiect Manager. City of Cape Girardeau at 573-339- 6327. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced orsolicited 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. (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 emplayees to _complete; a.ten(1.0) hour course ih construction safety and health approved • by` the `-occupational` Safety and Health Administration.(.",OSHA") or, similar. programapproved by the Missouri. Department of Labor and Industrial Relations which is at leastasstringbh't ascan 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. BF -3 4. BIDDER will complete the Work in accordance with the Contract Documents for the ' following price(s): Construction of New 1MG Gordonville Tank No.1 Lump Sum Contract Bid Price $ 914,958.00 (Total in numeric figures) Nine Hundred Fourteen Thousand and Nine Hundred and Fifty -Eight Thousand Dollars and no cents. (Total in Written Words) (Total bid amount. is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) 5. BIDDER agrees that the Work will be substantially complete within 210 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 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) Acknowledgement of any addenda issued. , (c) Exhibit Affidavit of Work Authorization , (d) Exhibit Affidavit of Excessive Unemployment (if applicable) (e) The E -Verify Program for Unemployment Verification Memorandum of , Understanding htto://www.uscis.gov1e-verifv (f) Exhibit Affidavit of OSHA Training , (g) Certification Regarding Debarment, Suspension and Other Responsibility Matters , 7. Bidder agrees to submit the following documents within three (3) .business days after the opening of Bids if requested: , (a) BIDDER'S Qualification Statement with supporting data. BF -4 ' 8. Communications concerning this Bid shall be addressed to: Name Earl Wildenberg/American Structures, Inc. Address P.O. Box 409, Menomonie, WI 54751 (715-235-4225) (a) Performance and Payment Bonding Company Name Old Republic Insurance Company Address 445 S. Moorland Road, Brookfield, WI 53005 Agent\Power of Attorney Name (if used) Big Rivers Insurance Address 1515 Stout Road, Menomonie, WI 54751 9. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on May 25th . Zp 17 . State Contractor License No: 966342 and IF BIDDER is: An Individual doing business as Business address: Phone No.: covenant to obtain any other license or authority as may (Individual's Name) A Partnership By (SEAL) (Firm Name) (General Partner) Business address: Phone No.: 7 American Structures, Inc. Phone No.: 715-235-4225 Date of Qualification to do business is May, 1975 A Joint Venture By (Name) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) I= (Corporation Named Wisconsin as �> ; By Earl Wildenberga (State of Incorporatloi) (Name of Person Audi©" ` ' fb; 01h, President .;,' (Title) ky , (Corporate Seal) Attest Bill Lamb�f " (Secretary) Authorized company execu i . Business address: P.O. Box 409, Menomonie, WI 54751 Phone No.: 715-235-4225 Date of Qualification to do business is May, 1975 A Joint Venture By (Name) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) I= BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in order to work on this project BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: No subcontractors are identified for this project. The work will be carried out as required. It is anticipated that the following subcontractors will be employed for work on this project: *SUBCONTRACTORS: (Name of Company) (Type of Work) No subcontractors have been identified for work on this project as of the bid date. *All subcontractors shall be registered with the Missouri Secretary of State in orderto work on this project. Page intentionally left blank E-Ved Company ID Number: 680952 THE E -VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the American Structures, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E -Verify. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E -Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. 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). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E -Verify Participation b. Notice of Right to Work 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 about E -Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E -Verify access only to current employees who need E -Verify access. Employers must promptly terminate an employee's E -Verify access if the employer is separated from the company or no longer needs access to E -Verify. Page 1 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 1/Eerify,1-4--dEA Company ID Number: 680952 Approved by: Employer American Structures, Inc, Name (Please Type or Print) Title William Lamb Signature Date Electronically Signed 06/12/2013 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 06/12/2013 Page 13 of 17 E -Verify MOU for Employers I Revision Date O6/01113 is Mir () y ll�ll�lxs. t Company ID Number: 680952 Information Required for the E -Verify Program Information relating to your Company: mpany Name American Structures, Inc. Company Facility Address N4471 469th Street Menomonie, WI 54751 Company Alternate Address unty or Parish DUNN Employer Identification Number 391299815 North American Industry lassification Systems Code 238 Parent Company Number of Employees 20 to 99 Number of Sites. Verified for 1 Page 14 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Page intentionally left blank KKHMrr AFMAVIT OF OSH&TRADUNG COMES NOW (Name) Earl Wildenberg ss (off,.H.4 President of (C=4yNnm /Cmftm'04 American Structures, Inc. and first being duly FwDtn, on mP oath, af6rtaim conaectim wiffi the conttac6ad services nelatcd to New Gordonville Tank No. 1 Project No 619qpjName) for the dTjmfion of the coatmet; as follows: •+. .Y. .• .. I . • • • Irl 1 . 1 .. YY.+... • .. t- • �1•. 'uuo •r••. � l •. .m .... v. .. u•yr.n a .I ru•.•-a. •..• .•1 •- •n Yr n- .0 u. .n n• nI•.n .. .... ••:• 09 novm .•n... •• • • •r. n .. I . u.r n. Y r .uu • • n • uu r .ut • . . • • v r • u v.< . • nm Yom. . ( .. - u« .. - r ,• • u. u u +! uu n w. • • nn.• • • : .. I ' 9u• •�..✓. .1•. :\I . •• - t . -'J.: �+ .• • •I.t.Y I.II w.tl• • • l• .I . • I Lf- • .. ..0 - 1 1 • 1.. I . rI 1 •Y. 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E319C V. 11111 r11R tt • thisfilingare subject to •I pfmnlfi r. u 1 • • - • 1.Section 575.040, i 1 ATTEST': (oiofl= ofias) C n OF CO"ORMON) STATE OF MMSOURI ) )sr, COUNTY OF CAPS GMAMEAU - ) 1 •• •r, • � 1 •rn n' • •r .c• I I �' i n u • � R w - 1 •' a • • •. 1 • • v n 1 u • u . •u • n • u r • u - I • !I , _•.I ff • .n • u •. v. • ut .a t u - •. - ncac• u u - t ••1.•1 � 1• • - •• - •.� : t • •1. Y. fit • 1 Iu • �I ISA' ' � .. m n - . t . of • i•R•_• • C• «. �. � nu + •» :o nr COMES NOW (Name) Earl Wildenberg as (pffLO.Helc� President of (compmpN=,1c.,,ft ) American Structures, Inc. and first being duly smotn, on 1. (c=panyName/c=ta )_American Structures, Inc. i1• • I Y • r I • Y tl• - 1• • • �1• . - \ •• • 1: .I.I•t • • .11 1 Y 1 • JY111IY •1• 111• • • • I ♦• • .Y • 11\ Y YI \ 1 • YY - •a. \ •Y. 1' li• 1• - , , , • • • 1 11 Il 11 Y. 1 1 Y • 1 • • IY. 11 • • • 1 1 Cbaptet 285.530(2). 2. . -.T sOafrff-rntbgt((-om},a>zw—/rtea, N American Structures, Inc. es 1 • 1 • • I ..• :\t \ •• .1 Jl' r.. 1 • • • wA •�1 1 • 1 11.1 1111 \11 of.. k. •1 1. i M-1 \Mn. 1 contm,ctsetvi=w1atedto (px*e tN.,) New Gordonville Tank No. 1, Project No. 6190 for • O..,.. 1. 1.... p • ..Il. v. Y. r.. . I... M.1% .. IN AFFMMATION THEREOF, the facts stated above ate tvae and correct (the undersigned understands that false state>rmade in this filing are subject to the penalties provided is Section 575.040, RSMo.) American Structures, Inc. (name of ) (name ofofEi=ofm ) Earl Wildenberg (CR.AL OF CORPORATION) STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GMMEAU ) u u- raw••. :v •..• r• •a r. n' m •••u of .t- u- • ,� L •m •u•r.rm t• n. n' - ne Ll a u- • �.� • It . • • •rf at lr • 1 r1 • Y. t • f f • /f - Y. • • • Iff ar Y Jt �• t r • • • r 1 Y. 1 •If • • 1 tf 1 • • A 1 • • • � i•I•• A • • t • .. w• • _ 1• • fltt wf f• •• - f Y • • • ice• • t •. • r Y. t • f u •7• - • • v. •w • • f •. f• . ;. ••. .nta• 1 n EXHIBIT A, continued AFFIDAVIT OF WORK AUTHORIZATION: The contractor who meets the section 285.525, RSMo definition of a business entity must complete and return the following Affidavit of Work Authorization. Comes now WILLIAM R. LAMB (Name of Business Entity Authorized Repmsentstive) as BUSINESS MANAGER (Position/Tide) first being duly sworn on my oath, affirm AMERICAN STRUCTURES. INC. (Business Entity Name) is enrolled and will continue to participate in the E -Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that AMERICAN STRUCTURES, INC. (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded. In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that falsest� nts made in th' Iing are subject to the penalties provided under section 575.040, HSMo.) WILLIAM R. LAMB Authorized Representative's Signature Printed Name BUSINESS MANAGER JUNE 13, 2013 Title Date wlambna,ameristruc.com E -Mail Address Subscribed and sworn to before me this of . I am (n (nto commissioned as a notary public within the County of ]� State of nnM o Y 1�Ak tt� and my commission expires on I t page 3 of 5 RRVTCR) 4/7/17. Page intentionally left blank CITY OfCAPE GI RAR D EA.0 Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: .(a) Are notpresently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency; (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malting false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a goveimment 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 subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC See.1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five (5) years or both. Earl .- . President Typed Name & Title . Authorized Representative Signature of Authorized Repres9fitive Date ■ .1.1 It.• - p q1 ` . t-... `" Y.1 q1. iii NO ...p.. .LY. .-. Page intentionally left blank Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we American Structures Inc. N4471 469th Street, PO Boz 409, Menomonie, WI 54751 as Principal hereinafter called the Principal, and Old Republic Insurance Company a corporation duty organized under the laws of the state of Missouri as Surety, hereinafter called the Surety, are beld and firmly boundiraw City of Cape Giradeau, 401 Independence, Cape Girardeau, MO 63703 as Obligee, hereinafter called the Obligee, in the sum of 5% of Principal's bid Dollars ($ 59% of Principal's bid ), 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 New Gordonville Tank No.1 Project No. 6190 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 m 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 24th day of I v Witness ORSC 21328 (5/97) M Ead W Wildenberg, „";:. ;. Old Reoublic Insurance Company ' "°�p qh 1SES i; Surely arrr m By: Jeanne M. Lehmann Attorney -in -Fact ** * OLD REPUBLIC INSURANCE COMPANY * t * ** POWER OF ATTORNEY ' KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCECOMPANY, a Pennsylvania stockinsurance corporation, does . make, constitute and appoint: DAVID A. OLSON, JEANNE M. LEHMANN, JOHN D. OLSON, JONATHAN L. STIMMEL, OF MENOMONIE, WI .its true and lawful Altomey(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the Company as surety, to execute and deliver and affix the seal oftheCompany thereto (if a'seal is required), bonds, undertakings, recognizances or other written obligations in thenature thereof, (other than self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste manage- ment bonds,. hazardous waste remediation bonds orrblack lung bonds), as,follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS($5001000), -' . rFOR ANY SINGLE OBLIGATION. and to bind OLD REPUBLIC INSURANCE COMPANY thereby; and all of the acts of said Attorneys-in-Fact,:pursuant to these presents, are ratified and 'confirmed. This .document Is not valid unless printed on colored background and is multi -colored. This appointment is made under and by authority of', the board of directors ata meeting held: on Mareh:14, 2014. This Power of Attomey le sfgnedland sealed by facsimile under and 6y ,the authority Of the =following resolutions adopted by the board of directors of Itie OLD REPUBLICJNSURANCE COMPANYon March 14, 2014:..: RESOLVED FURTHER, that the chairman, president or any vice president of the Company's surety division, in conjunction with the secretary or. any assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Company may deem appropriate, Powers of Attomey in the form presented to and. attached to the minutes of this meeting, authorizing such persons to execute and deliver and affix the seal of the Company to bonds, undertakings, recognlzances and suretysh{p obligations of all kinds, other than bail bonds, bank deposltorybonds;: mortgage deficiency bonds, mortgage guaranty bonds; guarantees of ins ailment'paper and note - guaranty bonds. The said officers may revoke any Power of Attorney previously granted to any such person. The authority of any Power of - Attorney gmnted,by any such officer of the Company as aforesaid shall not exceed fifty million dollars ($50,000,000.00), except (a) bonds required to be filed as,open penalty bonds, and (b) bonds l ed with any, court or governmental • authority requiring an unlimited: penalty in bonds filed in that court RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company _. (i) when signed by the chairman, president or any vice president of the Company's surety division and attested and sealed (if a seal be ' r ulred) by any.secretary or assistant secreta - (ii).when stjned by a duly authorize *Attomey4n-Fact and sealed with the seal of the Company (if a seal be required), RESOLVED FURTHER, that the Signature ofady officer designated above, and the seal of the Company, may be affixed 'by facsimile to any '.. Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship - obligations of the Company, and such signature and seal when so used shall have the same forceand effectas though manually affixed.... IN WITNESS WHEREOF, OLD REPUBLIC INSURANCE COMPANY has:raused these presents to'be signed by its proper officer, and its corporate seal to be. affixed this - 27TH - day of-OlikE, 2016. OLD REPUBLIC INSURANCE COMPANY .•"IeeVVe a AssrsLent 5°c ta. ( SEAL STATE OF WISCONSIN, COUNTY OF WA KE SS Vice President On this: 27TH day ofrJi7NH, '.2016 personally cemebefore me, i'' ' ALAN PAVLIC and, JANE E CHERNEY to me known to be the Individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above instrument, and they each acknowledged the execution of,the same, and being by me, duly swom, did severalty depose and say; that' . they are said officers of the corporation aforesaid, and that the seal affixed to the above Instrument Is the seal of the corporation, and tlfat said corporate seal and their signatures as such officers were duly affixed and subscribed to the Bald Instrument by the authority of the board of directors of said organization. Notary Public .. My commission expires: 9/28/18 (Expiation of notary commission does not invalidate this instrument) CERTIFICATE - I, the undersigned, assistant secretaryof the OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania corporation, CERTIFY thattheforegoing and attached Power of Attorney remains in.full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 24-0016 ' - - Si red and sealed of the GI of Brookfield, WI this 9 City r�, `� day of ,. AD1-7 SEAL`J;= Assistant• crelary ATO RTV RA TNSLrifANCB' - 51-B 11006-R(5-10) THE BOWER HOUSE AT WYION STATION* 404 S 1311� ST., STF_.400 o SAINT LOUIS MISSOURI 63103-2296 314-5314321 a FAX 314-631-6966 0 �r1nv.Flom9rShiirin.co�oi May 31, 2017 Ms. Casey Brunke, P.E. City Engineer City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Re: New Gordonville Tank No. 1 Evaluation of Bids Dear Ms. Brunke: In accordance with your request, Horner & Shifrin (H & S) has reviewed the two low bidders bid proposals pertaining to the above -referenced project, which were received by the City of Cape Girardeau on May 30, 2017. Four bids were received for the project ranging from American Structures, Inc. low bid of $914,958 to the high bid of $1,105,000 from Brockmiller Construction. Please note that our Engineer's Opinion of Probable Cost for this construction was $887,250. The Engineer's estimate was based on pricing from stainless steel and glass -fuse -to -steel tank manufactures. The lowest bid was 3% above the opinion of probable construction cost and the high bid was 25% above the opinion of probable construction cost. On the basis of our review of these offers and the supporting materials submitted, and in consideration of the fact that Horner & Shifrin is not aware of any reason for which the award of this construction contract should be withheld from American Structures, Inc., it is the recommendation of Horner & Shifrin that the City of Cape Girardeau accept American Structures, Inc. offer as the successful bidder for the Gordonville Tank No. 1. The contract amount would be $914,958. If there are any questions or need to discuss our bid evaluation further, please contact me. We greatly appreciate the opportunity to continue to serve the City of Cape Girardeau. Respectfully Submitted, r! r'r 11 Lisa Fennewald, P.E. Project Manager cc: File SAINT LOUIS, MO a CHICAGO, IL 6 O'FALLON, IL o POPLAR DLUFF, MO e ROCHLSTER, IL o SPRINGPIDLD, MC