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Home My WebLink AboutRES.2613.04-18-2011 BILL N0. 11-64 RESOLUTION N0. l� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EASTERN MISSOURI INDUSTRIES, INC. , FOR WATER SUPPLY WELL FIBER OPTICS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Eastern Missouri Industries, Inc. , for water supply well fiber optics, 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 /�� DAY OF , 20 !� Harry E. Rediger, Mayor ATTEST : �I��,,,,� 4�' '��,�, G4` �',� �' � . '� . '�, � 'A ;;��;. , v;, Gayle . Conrad, ty � C0' � - =-5��1�`j�l �, =�.�� TB?� �,'NION �,�' ,�'-\�e��,,.I-�'4'�= � `�R1�:."'�.�;.;i.S.+ .,.�:.L.;��ZZSYs CITY OF CAPE GIRARDEAU WATER SUPPLY WELL FIBER OPTICS STANDARDFORM OFAGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the _�� day of �Ur�� in the year 2011 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Eastern Missouri Industries, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: A�ticle 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 4 —Water Supply Well Fiber Optics Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within ninety (90) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one hundred twenty(120)days afterthe 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, A-1 OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penaity) CONTRACTOR shall pay OWNER seven hundred $700 for each day that expires after the time specified in paragraph 3.1 for Substantia� 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 seven hundred $700 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: one hundred thirtv-nine thousand eiqht hundred ninety-five dollars and zero cents ($ 139,895.00) 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. 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. A-2 90% of Work completed (with the balance being retainage). If Work has been 50% compieted 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. A-3 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 ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement befinreen 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 BF-1 to BF-8 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits PR and PY and consisting of_ pages. A-4 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 1 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF-1 to BF- 8 , inclusive) marked exhibit A . 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to , inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 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 A-5 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. A-6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and four 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 ) U1�1� �� , 20011 (which is the Effective Date of the Agreement). OWNER Cit o a e Girardeau CONTRACTOR Eastern Missouri Scott M er ana er Industries Inc. gy: gy: J, [CORP E SEAL] [CORPORATE SEAL] - ., „�` Attest ' (,C � Attest �a��-�.� ��y�� . � N��.�; �,� �R� � Address for giving notices Address for giving notices 401 Independence Street 2�� `'�t �wy 1� Caqe Girardeau, MO 63703 ��'��„ , .-n0 GQ?75,� (If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: author' ' `��q�� ofAgreement. �'� ��1�- <, ��.� ` � '• Yvy�/� , `' " (If CONTRACTOR is corporation, o �� "'��_� �""'�`'3 � attach evidence of authority to sign.) o rt�-�T ,� ! � -; ,'�°� ,�'�� \ ,r.,,�``\\� 1��? �`� T.�F� Z,./Y�s��', -,n �•''- �} ' - , '�;.�/. ,�,_; ,'�� ,;�'i ,43�.'l.l�'.'��, ��aZ].L"i+`��: A-7 EXHIBIT A CITY OF CAPE GIRARDEAU WATER SUPPLY WELL FIBER OPTICS BID FORM (EJCDG 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of Installation of fiber optic cabling and misc. conduit with junction boxes for well controls 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 enterinto an agreement with OWNER in the form included in the Confract 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 wifh 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 fhe 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: i � ; i BF-1 ' i � Addenda, /'eC@Ipf Of c?II WI1/CI1 IS I7@/"eby aCICl10WIeCIC�J2CI: �ListAddenda byAddendum Numberand Date) Addendum No. 1 4/7/2011 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affecf cost, progress, performance and furnishing of fhe 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 sife 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 for81DDER'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. B/DDER has obtained and carefully studied(or assumes responsibility forhaving done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data conceming condifions(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 fumishing 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 af the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. ' �� BIDDER has correlated the information known to BIDDER, information and � observafions obtained from visits to the site, reports and drawings identifred in the Contract ; Documents and all additional examinations, investigations, explorations, tests, studies and � data with the Contract Documents. I - i � (g) B/DDER has given Engineer written notice of all conflicts, errors, ambiguities or � discrepancies thaf BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to B/DDER, and the Contract Documents BF-2 are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which fhis 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 orindirecfly 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 biddermust affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connecfion 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.qov/portal/site/uscis (j) Bidders are informed that the Project is subject fo the requirements of Secfion 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10)hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be complefed 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 4 - WATER SUPPLY IMPROVEMENTS Cape Girardeau Water System Improvements LIST OF ESTIMATED QUANTITIES AND UNIT AND LUMP SUM PRICES The undersigned bidder agrees to complete all work and place into successful operation the fiber optics and appurtenances as set out in the contract documents, specifications and plans for the following unit amounts: EST. UNIT TOTAL NO ITEM UNIT QTY. PRICE EST. PRICE �. Fiber Optic Conduit&Pull Boxes L.F. 430 $ � 2• 0 0 $ 5, 1 6 0.0 0 2. 144 Fiber-Fiber Optic Cabling L.F. 46,973 $ 2- 5 0 $ 1 1 7, 4 3 2. 5 0 3, 6 Fiber-Fiber Optic Cabling L.F. 23,070 $ . 7 5 $ 1 7, 3 0 2. 5 0 TOTAL BID FOR ALL UNIT PRICES $ 1 39, 895.00 One hundred thirty-nine thousand eight hundred ninety-five and 00/100 cents (Written figure) (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 Ninety (90� calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one hundred finrentv 120 calendar days after the date when the Contract Times commences to run. B F-4 BIDDER accepfs the provisions of the Agreement as fo 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) Any Addenda issued. (c) Exhibit Affidavit of Work Authorization (d) Exhibit Affidavit of Excessive Unemployment (e) The E-Verify Program for Unemployment Verification Memorandum of Understanding (� Exhibit Affidavit of OSHA Training ; BF-5 7. Communications conceming this Bid shall be addressed to: Name Robert Conrad (Eastern Missouri Industries, Inc. ) Address 238 State Hwv Y PO Box 264 Jackson, MO 63755 (a) Performance and Payment Bonding Company Name C�3TC - Address 121� ��,l�c� 5-�-- �ea�Fl�. 1,�� q��0� AgentlPower of Attorney Name (if used) �rad `�►�,s ar� Address (,. �nJ . C Q„K. �'o.,o.t �;��.c�,.N rvt fl [ Z 7 o I 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 4/1 2 , 20 1 1. State ContractorLicense No. N/A in Missouri IF BIDDER is: An Individual BY (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership BY (SEAL) (Firm Name) (General Partner) Business address: �� Phone No.: „"�.,,,,, ,pQ�v �� ti �- e<�� \P`c'/ � ��d .;,�. A Cor oration L` �'`�°`°, . .,?� `,'-` ' _ p a L�, •�:> '��,, .-,,�.r.�3 By Eastern Missouri Industries, Inc. ,�+��L�- � : � � � �-�. (Corporation Name) o o �� < �; ' "�, , .�, `�a°�=,:`'� '-' �� - � � •P . �;:,�� w BF-6 � ✓�" �� ~`�� i° 2�%j��.'"+* ,�,�, �=� � ��'{l�lgtrusta»��',♦, Mi �S[�uri (State of corpor tio By Bernard L. Proffer � (SEAL) ,,,��1e-,�; (Name of Person Authori to Sign) ' 4��e„ ,; �� . 'President v o i . r-':e��•.� �� '- "": (Title) � �� ', (�oi�o�ate Seal) ; :� , ;. ' n' � - ,�S�f�.S"� yRobert E. Conrad � �� (Secretary) ;`BUsiness address: �� tat-P Hw� v po Box 264 Jackson, MO 63755 Phone No.: ( 573 ) 243-31 33 Date of Qualification to do business is 1 /1 /1 9 9 2 A Joint Venture 8 y (SEAL) (Name) (Address) 8 y (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturermustsign. The mannerofsigning foreach individual, partnership and corporation that is a party to the joint venture shou/d be in the manner indicated above.) BF-7 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 fhat he will perform the following items of work directly without employment of subcontracfors: Install Conduit, Pull Boxes, Locate Wire, Dig Ups It is anticipated that the following subcontractors will be employed for work on this project: All subcontractors listed have been found to be in good standing by with the Missouri Secretary of Sfate. SUBCONTRACTORS: (Name of Company) (Type of Work) Coatal Bay Pull/Blow Fiber Midwest Cable Splicing Test/Splice Fiber ' BF-8 �- ..�-r�r ��-�:,��.�'�.��a=,r�::��.-+rs�-sc+�_-•+��_��3cv�+7i �Pi( ` � �i jFj i�.I � ��I =_ � � _ .-__ o � �: � � � n � �; � � � �1^ � � ° o 0 C m L G � Y J� V � � �m a � c o _' Q.c d � � m U � I N �O N @ � N ` � � (_();� a' Ei9 � 7 � y o C � N - � � 7 C O m �o y _ y � d N G - � L � � a � � W � �, r- � _ U � s J � 1L.1 (n � � O � U � w r O o V � � N �,/ N � \ LL � � 0 -� Lr� o Q � r. � � / p Q g � O (� p � O � � � � ,_ 0 � � , � Q � z � � z V � � � � r. 0 � � � � - O � U � = s w o 0 � z . `/ Z W Y � . � � � � W �- � m � � � , , o � o .� � X Q � , v� a � EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name)Bernard L. PI'Of fBBl�Office Held) President o{(CompanyName/Contractor�astern Missouri Industries,an$�st being duly sworn, on my oath, affirm as follows: 1. (CompanyName/Contractor) Eastern MiSSOUI'i Industries, InC. is enrolled and will conrinue 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) Water Supply Well Fiber for the duration of the contract in accordance with RSMo Chapter 285.530(2). 2. I also aEftrin that (CompanyName/Contractor)Eastern Missouri Industt��, Inc. not and will not knowingly employ a person who is an unauthorized alien in connecrion with the contract services related to (ProjectName) �later Supply Well Fiber foY the duration of the contract. 3. Attached hereto is documentation affirming Contractor's enrollment and parricipation •in a federal work authorizarion 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.) Eastern Missouri Industries, Inc. (name of corporation) i n�� By. �� (name of of6cer of corp hon and tide) ATTEST: � , ,,. `�* ` , �, . ,,`��„��8t�ttta�y��Sq�r othe��r'of6cer) r•�`, '�y `• ., ,��,�i,,•''�� +�� /�j L , c� t �, � � � O i :�,, ` '* �AL��c�QR�`ORAT`I�N� 1 �� <� � a j �`3,.�,- .`u z :� � .a q� ,�,..-� ,�; �� . fi f ;. ,,^� .�r : , �,�, s�ryT�:N�.�,. ��,><�L.t, e�0��.,' ��3N113!ti641:60� . STAT'E OF MISSOURI � ) ss. COUNT'Y OF CAPE GIRARDEAU ) On this �day of , 20 I(, before me appeared c/ C.. C/c��1/� to me personally known,who, eing by me duly sworn, did say that he/s�e is the fe i c�— � of �S�tv� (h�. �hd.�c��rieS , 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 afftxed my official seal, at my office in Cape Girardeau, Missouri, the day and year ftrst above written. Notary blic ��, .'o��Y�.��• aAYi.E L.(�NRpp My Commission Expires: ;?��r�;�;_ h,h,�� ;y�._SEAL.•g; November 19,2pt2 � ,,�r •• 'SO;- Cape Girardeau County �„�„�� ommission#094g5582 � � � i ! i . � � � � EXHIBIT ! � AFFIDAVIT REGARDING EXCESSIVE UNEMPLOYMENT COMES NOW (Name�ernard L. PY'Of f�'(Office Held) President of(CompanyName/Contractor)Eastern Missouri Industries,�n��st being duly sworn, on my oath, affirm as follows: ' 1. Whenever there is a period of excessive unemployment in the State of Missouri, as defined in Secrion 290.550, et seq., RSMo, the contractor will comply with all of the provisions of this Statute in respect to employees that will work in connecrion with the contracted services related to (Project Name) Water Supply Well Fiber for the duration of the contract. 2. I also affirin that (CompanyName/Contractor) Eastern M1SSOUI'1 Industries,Inc. � does not and will not knowingly employ a laborer who is not a "Missouri Laborer" or a "Laborer from a Nonrestricrive State", as those tertns are defined in Section 290.550, et seq., RSMo, except ' that other laborers may be used if such required laborers are not available, or are incapable of � perforining that parricular type of worked involved, if so cerrified by the contractor and approved by � the City of Cape Girardeau, or unless otherwise pernutted by that Statute, in connection with the contracted services related to (ProjectName)Water SLp�l� W 11 i b rfor the durarion of the 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.) Eastern Missouri Industries, Inc. ' (name of corporanon) By: (name of office of corp on and ti e) ATTEST: r � � _ - �;� ; -�eCrSj�r,y�f,�j�'other officer) �u rr, .��.. I ��,.``� t�r�i ��"��i g i � � ,�`,�: /,�v ....,..,��d' �s � �• � � : " : :� :��PQ�ITION) i � � � =� t� :� �:, �°� �,,: � I .� G �_ .� � � � , 'r� � i��,�� i �%,. '�'`•�.ass.e=-''�� ' , � � ,Np�,�:, �;� ;;, 0 3as4 . � `ii7/tl?et116�`�. : STATE OF MISSOURI � ) ss. COUNT'Y OF CAPE GIRARDEAU ) On this �day of �'►� , 20��, before me appeared �Qrj2o t� �� (V�d-�e�— � to me personally known,who, being by me duly sworn, did say that he%s�reis the ��25'ic�e„� of �'�_,�iN �� c��`f�'ic� , 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 Corporarion by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporarion. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary P �c ,,,��„ o�p,RY PU'�•,; QAYLE L CONRAD y p� �`�'N07ARl'�*'_ MY Commission Expires M Commission Ex ires: _. . ;"�'•. SEAL.•'': Novembe;19,�Ui2 '9�'•• Cape Girartieau Ceunty ��'�M� ��` Commission#08485582 , „ � � � —__- — - . _, _. s-., — — � � �� a , �� > l r^a� _ .. , . .,; ,:, ,.' '- ` .;:r �.,.�i; .. - - —_, �- r._., :.:: ._„ . ... . F--} . -.... . . ..._ 1_ �: "_ . t' ..., .:? ` _ . � ... . . .. - . _ . zri �� . . .. . . . :��' �,F '-.. � .. �. �-.::;�, �rr� � � a siz,. ��. ,�»<. � k' ��: �5n ��,g�i s � �� ' r /'{ � • � • �. � �^'�� .{'. . .. �� J��- z� Nl. _.,� R � , . z�.,.� ...,... .. :Ss.:: ' ��.,,. ....f-��^+ � ... . . This employer wili provide the Social Security Administration In order to determine whether Form I-9 documentation is valid, (SSA) and, if necessary. the Department of Homeland Security this employer uses E-Verify's photo screening tool to niatch (DHS), with infonr3aYion from each new the photograph appearing cn some employc:es Form E-9 to confirm work � O � ' � C, permanent resident ant! em��loyment authorization. G authorization cards with the of!idal U.S. Federai law requires . c�c�Zensn�p and Immigration Services' IMPORTANT: !f the Covernment �,�,noc all employers (USCIS)photograph. confirm that you are aiEthorized to work, to verify the identity and this employer is requirecl to provide you ° If you believe that your empioyer has � �employment elig�ibility .: written instructions aiid an opportunity violated its responsibilities under this of all persons hired tQ work � to contact SSA and,;or DH5 before taking program or has discriminate� against in the United States. adverse action against you, including y ouu during the verification process terminating your en�ployment. based upon your nationaf origin or citizenship status, please call the Office of Speciaf Gounsel at Employers may not use E-Verify to pre-screen job applicants or 1-800-255-7688(TDD:1-800-237-2515). to re-verify current employees and may not iimit or influence the choice of documents presented for use on the Form!-9. �� E�-�� f� - .' \�L 5[C/✓ � �- � ��fi�' �t �� ' � ��f�� iJSA . _ �\ ��I I I I I I I� �`' t 1 � � � �h'/.C"l�\:P ... . �... . _ � . � � ..� . :�- E-Y�Rit"Y i5 P S��"� c, _,:.- .. c_'. -, _.. - �...,.. �..:.,�� .� tA't� n'J `F(V� . �+, � i � � �. �1//. �� '. w, ._ v<. � .. r'y 'I{I f" �� i �� Hps ��'JCTF"� . .- s °��-�- �" i� Weleome User ID Last Login Er�ployr�ent E�igibiii�y Yerificat�on RobeR Conrad RCON1809 11:18 AM-01/17l2011 Log Out Home Company Information My Cases ' New Case ' View Cases Company Name: Eastem Missoun Industries View!Edit My Profile ' Edit Profile Company ID Number: 236686 ', Change Password ' Doing Business As(DBA) , Name: Change Security Questions DUNS Number: My Company Eda comPany Prosie Physical Location: Mailing Address: , Add New User j Address 1: 238 State Highway Y Address 1:PO Box 264 View Existing Users Address 2: Address 2: Close Company Account ' City: Jackson City: Jackson My Reports State: MO State: MO View Reports Zip Code: 63755 Zip Code: 63755 My Resources County: CAPE GIRARDEAU Vew Essentiai Resources Take Tutoriai ' Additional Information: Vew User Manual Employer ldentification Number.431594368 Contact Us Total Number of Employees: 10 to 19 i Parent Organization: , ; Administrator: ! Organization Designation: Employer Category: None of these categories apply i NAICS Code: 238-SPECIALTY TRADE CONTRACTORS View!Edit i Total Hiring Sites: 1 View/Edit ' � Total Points of Contact: 1 View/Edit , View MOU U.S.Department of Homeland Securiry-www.dhs.gov U.S.Citizenship and Immigration Services-www.uscis.gov Accessibility Dovmload Viewers EXHIBIT AFFIDAVIT OF OSHA TRAINING C�IVIES I�I��1 (Name$Prnard T. Prc�f f@�(Office Held) r Si d -ri of(CompanyName/Contractor) Eastern Missouri Industrie�r�d �being duly sworn, on my oath, affirm in connection with the contracted services related to V�later Supply Well Fiber (project Name) for the duration of the contract, as follows: 1. Contractor shall provide a ten (10) hour Occupational Safety and Healtlz Adininistration (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 Secrion 292.675, RSNIo. 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 documentarion 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. Conttactor 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 Yequired 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 Depaxttnent of Labor and Indusfrial Relarions. 7. Contractor acknowledges that in the event that the Missouri Departmerit of Labox and Industrial Relarions has determuied that a violarion of Secrion 292.675, RSMo., has occurred 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.) Eastern Missouri Industries, Inc (name oE corporation) By: • (name of officer of corpora n and tide) ATTEST: fl_ .. +�,��,g�;&��ry(or other officer) � .�V F.G ��... //pq�d�6.' ,� X'/. -5�6�6� 0 o a�� o �?_L�o��''1) '.,;�. .. ��;' ��'£�'�QRPORATION) ,.� �`� �-- : rv �a ^--�`. �, . ��+ -- ,.� v:�ry i n _ 3�°�'�`I=�3�'MISSOURI ) 1 y `!'s'3� ;.�ar frr^;';'F�., � ) $S. . . COUNT'Y OF CAPE GIRARDEAU ) On this �� day of , 20��, before me a eared /�►'�t� �• l�o�'"� , rr to me personally known,whq being by me duly swom, did say that he%s�e is the p!r'S1e6�F- of��ycvh (Yl�-��taol,i,�cz�n�S , 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. N taty blic My Commission Expires: ',ao�P�Y?UB�; aqy��p �. :N07AARY.�': MY Commission Expires �`�'•. SEqI.•g; November 19,2012 ;, �f�`�0,.� Cape Girardeau County ",,,,� Commission#084g5582