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HomeMy WebLinkAboutRes.3565.07-05-2023BILL NO. 23-104 RESOLUTION NO. 5�`} A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC., FOR THE PEDESTRIAN WALKWAY AND INTERSECTION IMPROVEMENTS, 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 Lappe Cement Finishing, Inc., for the Pedestrian Walkway and Intersection Improvements, TAP -1501(020), in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes or amendments as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF ' 2023. Stacy Kinolj Mayor ATTEST: '- Bruce Taylor eputy City Clerk DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C NOTICE OF AWARD Pedestrian Walkway and Intersection Improvements TAP -1501 (020) City Project #2121 July 10, 2023 Mr. Randy Lappe Lappe Cement Finishing, Inc. 2710 County Road 413 Friedheim MO 63747 Dear Mr. Lappe: You are hereby notified that your bid dated June 13, 2023 for the above contract has been considered. You are the apparent successful bidder, and were awarded this project at the July 5, 2023 meeting by the City Council of the City of Cape Girardeau. This project consists of: Turn lanes, sidewalks, pedestrian signals and drainage along Cape Rock Drive, Kingshighway, Kiwanis Drive and Maria Louise. The price of your contract is: Five hundred thirty-five thousand seventy-nine dollars and eighty-eight gents -----($535,079.88). Within fifteen (15) days of the date of this Notice of Award, please: 1. Digitally sign the contract, which will be sent to you through DocuSign. Retain a copy of this contract for your records. 2. Deliver your Contract Security (Bond) to our office, including your corporate seal. Do not fill in the date fields on the Bond. 3. Deliver your insurance certificate to our office. Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default and to annul this Notice of Award. Sincerely, 4 2U4J Jake Garrard, P.E. City Engineer DocuSign Envelope ID: 885268C6-55FF-4464-9909-C51DBAF5D29C CONTRACTOR'S ACKNOWLEDGEMENT 1. Form to be used if Contractor is an individual. State of _ ) ss. County of ) On this day of , 20 before me personally appeared , to me known to be the person described in and who executed the foregoing proposal, contract agreement, and bond, and being first duly sworn, acknowledged that he/she executed the same as his/her free act and deed. Witness my hand and seal at , the day and year first above written. (SEAL) My commission expires 2 State of County of Notary Public 20 Form to be used if Contractor is a partnership or unincorporated company. ss. On this day of , 20 , before me personally appeared , to me known to be the person described in and who executed the foregoing proposal, contract agreement, and bond, and being first duly sworn, acknowledged that he/she executed the same as the free act and deed of the partnership or company, and stated that all of the members of the partnership or company are correctly shown in the proposal. Witness my hand and seal at , the day and year first above written. (SEAL) My commission expires Design Form C-1 1 of 2 Notary Public 20 DocuSign Envelope ID: 885268C6-55FF-4464-9909-C51DBAF5D29C 3. Forn: to be used if Contractor is a corporation State of ss. County of On this day of by me duly sworn, did say that he/she is the _, 20 , before me appeared to me personally known, who being of (the Contractor) and that the seal affixed to the foregoing agreement and contract bond is the corporate seal of said corporation, and that the foregoing proposal, contract agreement, and contract bond were signed and sealed in behalf of said corporation by authority of its board of directors, and he/she acknowledges said instruments to be the free act and deed of said corporation. Witness my hand and seal at , the day and year first above written. (SEAL) My commission expires Design Form C-1 2 of 2 ME Notary Public 000uSign Envelope |o: 885268c6-55FF-4464e909-051oeAF5o29c C1TY0ft,;APE AGREEMENT BET'ITEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICII THIS AGREEMENT is by and between The City of Cape Girardeau ("Owner") and LappeCement Finishing, Inc. ("Contractor") Owner and Contractor hereby agree as follows: ARTICLE I —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work isgenerally described asfollows: Turn lanes, sidewalks, pedestrian signals and drainage along Cape Rock Drive, Kingshighway, Kiwanis Drive and Maria Louise. I.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: TAP -1501(020) Pedestrian Walkway and Intersection Improvements ARTICLE 3 — ENGINEER 3.01 The Project has been designed bv Bacon Farmer Workman Engineering and Testing, Inc. who is the Engineer of Record and shall be known as the Owner's Consultant, but will serve no role as the Owner's representative for this Project unless otherwise specified herein. 3.02 The City Engineer or the City Engineer's 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIMES 4.01 Time ofthe Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A= The Work will be substantially completed within 56 calendar days after the date when the Contract Times commence to run or by November 30, 2023 whichever date occurs 1first as provided in the Job Special Provisions and Section 108 of MoDOT Standard Specificatio oCoc c-52oAgreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright @an13National Society mProfessional Engineers, American Council aEngineering Companies, 000uSign Envelope |o: 885268c6-55FF-4464e909-051oeAF5o29c 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner for each day or partial day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time /as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $__700__for each day that expires after such time until the Work iscompleted and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not beimposed concurrently. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing ofPayments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment ono/about the 10th dayofeach month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number ofunits completed) or, in the event there is no Schedule of Values, asprovided elsewhere inthe Contract. Retainage may be initiated during contract performance in accordance with Section 109.9 of the Missouri Standard Specifications for Highway Construction, 2022 Edition. sJCoc11c-5zuAgreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright @ 2013 National Society of Professional Engineers, American Council of Engineering Companies, 000uaignEnvelope ID: aanooaco-5nFF-44o4eewn'cn1oeAFnoonc 6.03 Final Payment A. Upon final completion and acceptance ofthe Work inaccordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by Missouri's Public Prompt Payment Act. ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified inthe Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the genera[ local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor isfamiliar with and is satisfied astoall Laws and Regulations that may affect cost, progress, and performance ofthe Work. D. If applicable, Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect toTechnical Data in such reports and drawings, and /J\ reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality ofthe Site; information and observations obtained from visits to the Site; the Contract Documents; and if applicable, theSite're|aiedreportsanddravvingaidendfiedintheContmctDocuments,withrespectto DocuSign Envelope ID: 885268C6-55FF-4464-9909-C51DBAF5D29C the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. 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. H. 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7 , inclusive). 2. Performance bond (pages _to_, inclusive). 3. Payment bond (pages _to _, inclusive). 4. General Conditions and Supplementary Conditions (pages ®to ®, inclusive). 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of sheets with each sheet bearing the following general title:_ 7. Addenda (numbers 8 to 8 , inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 8 , inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Affidavit of Compliance with Prevailing Wage EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 000uaignEnvelope ID: aanooaco-5nFF-44o4eewn'cn1oeAFnoonc g. Contractor's Affidavit Regarding Settlement of Claims B. The documents listed in Paragraph 9.01^A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the 10.02 Assignment ofContract A. Unless expressly agreed toelsewhere in the Contract, noassignment bva party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and mune/ that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision orpart ofthe 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. 10{5 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. he attaGh—e-6,11— the Di . For the purposes ofthis Paragraph 1O.OS: 1. "corrupt practice" means the offering, giving, receiving, or soliciting ufany thing of value likely to influence the action of public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (o) to influence the bidding process or the execution of the Contract to the detriment of cJCDC1c-520Agreement Between Owner and Contractor for Construction Contract (Stipulated pnce). Copyright @ 2013National Society of Professional Engineers, AmericnCounmo+snuineen^acumpanies, DocuSign Envelope ID: 885268C6-55FF-4464-9909-C51DBAF5D29C Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee°, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 DocuSign Envelope ID: 885268C6-55FF-4464-9909-C51DBAF5D29C IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on7/10/2023 g (which is the Effective Date of the Contract). OWNER: City of Cape Girardeau CONTRACTOR: Lappe Cement Finishing, Inc. DII"Slg Oed by: - Da 9g ed by: L "/ �� I Pal By: Kenneth Haskin By: Randy Lappe Title: City Manager Title: President (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) D... 'g-dby . DacuSig ned by: Attest: ��fIN � Attest: Melissa Hayden McGssa tka�k,4. ��� Title: Deputy city clerk Address for giving notices: Community Development, City Hall 44 N. Lorimier Street Caae Girardeau, MO 63701 Title: Secretary/Bookkeeper Address forgiving notices: Lappe Cement Finishing, Inc. 2710 County Road 413 Friedheim, MO 63747 License No.: (where applicable) EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C E`Xhibitl A. Federal Project No. TAP- 1501(020) Cape Girardeau Project No. 2121 City of Cape Girardeau 44 N Loer Street MoDOT Vendor Number (if Bidder Name �O- Bidder I N 11 % FOR CONSTRUCTING OR IMPROVING Turn lanes, sidewalks, pedestrian signals and drainage along Cape Rock Drive, Kingshighway, Kiwanis Dr, and Maria Louise Lane, North of US 61 & Kiwanis Drive intersection to Kingsway Drive extending to North Cape Rock Drive and along Kiwanis Drive to Maria Louise Lane City of Cape Girardeau January 2021 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C NOTICE TO CONTRACTORS All bids for the proposed work must be submitted through the City of Cape Girardeau's E_Procurement system until IM ,AM, Tuesday. June 13, 2023, local time, and at that time will be publicly opened and read. A pre-bid conference will be held at 10:00 AM, Wednesday, June 7, 2023, in the Port Conference Room, 211d floor City Hall 44 N. Lorimier Street, Cape Girardeau, Missouri 63701. Representattives of the Owner and Engineer will be present to discuss the project. Bidders are regui_red to attend and participate in the pre-bid conference. Addenda, as considered necessary will be transmitted to the prospective Bidders and plan holder in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. (I) PROPON,ED WORK; The proposed work, hereinafter called the work, includes: Turn lanes, sidewalks, pedestrian signals and drainage along Cape Rock Drive, K;ingshighway, Kiwanis Dr, and Maria Louise Lane. (2) COMPLIANCE VIM CONTRACT PIKOVISIONS The bidder, having examined and being familiar with the local conditions affecting the work,, and with the contract, contract documents, including the current version of the Missouri Highways and Transportation Commission's "Missouri Standard Specifications for Highway Construction," and "Missouri Standard Plans for Highway Construction", their revisions, and the request for bid, including appendices, the special provisions and plans, hereby proposes to furnish all labor, materials, equipment, services, etc., required for the performance and completion of the work. All references are to the Missouri Standard Specifications for Highway Construction, as revised, unless otherwise noted. The following documents are available on the Missouri Department of Transportation web page at www,modot.mo.gov under 'Business with MoDOT" "Standards and Specifications". The effective version shall be determined by the letting date of the project. General Provisions & Supplemental Specifications Supplemental Revisions to Missouri Standard Plans For Highway Construction (if applicable) These supplemental bidding documents contain all current revisions to the bound printed versions and have important legal consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been reviewed and used by the bidder in the preparation of any bid submitted on this project. In addition, City of Cape Girardeau General Conditions are included for the purpose of supporting City's Contract Language, Please note that within the above -listed documents, the term "Commission" shall be replaced with the term, "City of Cape Girardeau", and the term "Engineer" is a reference to the City Engineer or the City Engineer's designee. The contracting authority for this contract is City of Cape Girardeau. (3) PERIOD OF PERFORMANCE: If the .bid Is accepted, the bidder shall continuously and diligently prosecute the work within the time specified in the Job Special Provisions in accordance with sec 108. (4) LIQUIDATED DAMAGES: The bidder agrees that, should the bidder fail to complete the work in the time specified or such additional time as may be allowed by the engineer under the contract, the amount of liquidated damages as specified In the Job Special Provisions to be recovered in accordance the Sec 108. DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C (5) BID GUARANTY: The bidder shall follow instructions on the City's E -procurement website for uploading a scan of the Bid Guaranty. The Bid Bond amount is to be 5% of the total bid amount, (6) CERTIFICATIONS FOR FEDERAL JOBS: By signing and submitting this bid, the bidder makes the certifications appearing in Sec. 102.18.1 (regarding affirmative action and equal opportunity), Sec, 102.18.2 (regarding disbarment, eligibility, indictments, convictions, or civil judgments), Sec. 102.18.3 (regarding anti -collusion), and Sec. 162,18.4 (regarding lobbying activities). Any necessary documentation is to accompany the bid submission, as required by these sections, As provided in Sec. 108.13, the contracting authority may terminate the contract for acts of misconduct, which includes but is not limited to fraud, dishonesty, and material misrepresentation or omission of fact within the bid submission. (7) 'The Contracting Authority hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, businesses owned and controlled by socially and economically disadvantaged individuals will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, creed, sex, age, ancestry, or national origin in consideration for all award. (8) FEDERAL AND STATE INSPECTION; The Federal Government is participating in the cost of construction of this project. All applicable Federal laws, and the regulations made pursuant to such laws, shall be observed by the contractor, and the work will be subject to the inspection of the appropriate State or Federal Agency in the same manner as provided in Sec 105.10 of the Missouri Standard Specifications for Highway Construction with all revisions applicable to this bid and contract, (9) PEP -WAILING WAGE (FEDERAL AND SIAT-JU, This contract requires payment of the prevailing hourly rate of wages for each craft or type of work required to execute the contract as determined by the Missouri Department of Labor and Industrial Relations and requires adherence to a schedule of minimum wages as determined by the United States Department of Labor. For work performed anywhere on this project, the contractor and the contractor's subcontractors shall pay the higher of these two applicable wage rates. The applicable state wage rates for this contract are detailed in "Annual Wage Order No. 66", that is attached to this bidding document, The applicable federal wage rates for this contract are the effective Davis -Bacon federal wage rates posted the tenth day before the bid opening date and are attached herein. These supplemental bidding documents have Important legal consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been reviewed and used by the bidder in the preparation of any bid submitted . d on this project. (10) WORKER ELIGIBILITY REQUIREMENTS: Execution of the construction contract for this project is dependent upon the awarded bidder providing all Affidavit of Compliance AND E -Verify Memorandum -of - Understanding (MOU) between the bidder and Department of Homeland Security to the Contracting Authority as required by section 285,530 RSMo. The cover page and signature page of the E -Verify MOU and the Affidavit must be submitted prior to award of this contract. A sample Affidavit of Compliance can be found at the Missouri Attorney General's website at the following link: Loilm!haice Lid All bidders must also be enrolled in the E -Verify Program, and include their MOU prior to contract execution. Bidders who are not enrolled will need to go to the following website link and select "Enroll in the Program" to get started, After completing the program, they will receive their E -Verify MOU with Department of Homeland Security. This document will need to be printed out and kept on rile so that a copy can be attached to the Affidavit of Compliance. ILt ely Piles prt5 22 1( 7815 ). Shull This requirement also applies to subcontractors and contract labor, but this contract only requires submittal of the verification documents for the prime contractor, It is tile, prime Conti -actor's responsibility to verify the worker eligibility of their subcontractors in order to protect their own company fi-om liability as required by section 285,530 RSMo. DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C (11) OSHA TEN HOUR TRAINING REOUIREMENTS: Missouri Law, 292.675 RSMO, requires any awarded contractor and its subcontractor(s) to provide a ten-hour Occupational Safety and Health Administration (OSHA) Construction Safety Program (or a similar program approved by the Missouri Department of Labor and Industrial Relations as a qualified substitute) for their on-site employees (laborers, workmen, drivers, equipment operators, and craftsmen) who have not previously completed such a program and are directly engaged in actual construction of the improvement (or working at a nearby or adiacent facility used for construction or the improvement). The awarded contractor and its subcontractor(s) shall require all such employees to complete this ten-hour program, pursuant to 292.675 RSMO, unless they hold documentation on their prior completion of said program. Penalties, for Non -Compliance include contractor forfeiture to the Contracting Authority in the amount of $2,500, plus S 100 per contractor and subcontractor employee for each calendar day such employee is employed beyond the elapsed time period for required program completion under 292,675 RSMO. (12) BUY AMERICA REQUIREMENTS: Construction contracts shall assure compliance with Section 165 of the Surface Transportation Assistance Act of 1982, Section 337 Of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 23 CFR 635,410 regarding Buy America provisions on the procurement of foreign products and materials. On all contracts involving Federal -aid, all products of iron, steel, or a coating of steel which are incorporated into the work must have been manufactured in the United States, The Contracting Authority may allow minimal amounts of these materials from foreign sources, provided the cost does not exceed 0,1 percent of the contract sum or $2,500, whichever is greater. The Contractor certifies that these materials are of domestic origin, Additional information regarding the "Buy America" requirements can be found at: \ a I I I x1i n LiLtp L;,/�X\ �vw � At wa. dot.g o C Q [IS[I'LIC tionCC�UL__­_ LL_ — 1 1) 11 (13) ADDENDUM ACKNOWLEDGEMENT: The undersigned states that the all addenda (if applicable) have been received, acknowledged and incorporated into their bid, prior to submittal and hereby acknowledges receipt of the following Addenda: " Addendum No, .L IT, I Addendum, Date (14) SIGNATVRE AND IDENTITY 2EPLDDER. The undersigned states that the following provided information _ is correct and that (if riot signing with the intention to bind themselves to become the responsible and sole bidder) they are the agent of, and they are signing and executing this, as the bid of L61k ppg _Ce 4P—IA+ 'fi VX k4�,6j :;L(2 M, which is the correct LEGNAME as stated on the contractor questionnaire a) The organization submitting this bid is a(n) (1) individual bidder, (2) partnership, (3) joint venturer (whether individuals or corporations, and whether doing business under a fictitious name), or (4) corporation. Indicate by marking the appropriate box below, sole individual partnership joint venture t, 'corporation, incorporated under laws of state of AM4 - (4)url b) If the bidder is doing business under a fictitious name, indicate below by filling in the fictitious name DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C tv\ I-< Executed by bidder this _]:Y�day of LA Yk 20 THE BIDDER CERTIFIES THAT THE BIDDER AND ITS OFFICIALS, AGENTS, AND EMPLOYEES HAVE NEITHER DIRECTLY NOR INDIRECTLY ENTERED INTO ANY AGREEMENT, PARTICIPATED IN ANY COLLUSION, OR OTHERWISE TAKEN ANY ACTION IN RESTRAINT OF FREE COMPETITIVE BIDDING IN CONNECTION WITH THIS BID, AND THAT THE BIDDER INTENDS TO PERFORM THE WORK WITH ITS OWN BONAFIDE EMPLOYEES AND SUBCONTRACTORS, AND DID NOT BID FOR THE BENEFIT OF ANOTHER CONTRACTOR. THE BIDDER ACKNOWLEDGES THAT THIS IS AN UNSWORN DECLARATION, EXECUTED UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES AND/OR FALSE DECLARATION UNDER THE LAWS OF MISSOURI, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THE FAILURE TO PROVIDE THIS CERTIFICATION IN T141S BID MAY MAKE THIS BID NON-RESPONSIVE. AND CAUSE IT TO BE REJECTED. THE BIDDER CERTIFIES THAT THE BIDDER'S COMPANY KNOWINGLY EMPLOYS ONLY INDIVIDUALS WHO ARE AUTHORIZED TO WORK IN THE UNITED STATES IN ACCORDANCE WITH APPLICABLE FEDERAL AND STATE LAWS AND ALL PROVISIONS OF MISSOURI EXECUTIVE ORDER NO. 07-13 FOR CONTRACTS WITH THE CONTRACTING AUTHORITY. Check this box ONLY if the bidder REFUSES to make any or all of these certifications. The bidder may provide an explanation for the refusal(s) with this submittal. Signature dt B1ddcr'/Owner qoMIcer, Partner oi- Authorized Agent type nar6e Und title of person signing here ion if Bidder is a Corpora Affix Corporate Seal (if Bidder is a Corporation) NOTE: If bidder is doing business under a fictitious name, the bid shall be executed in the legal name of the individual, partners, joint ventures, or corporation. and registration of fictitious name riled with the secretary of state, as required by sections 417.200 to 417.230 RSMo. If the bidder is a corporation not organized tinder the laws of Missouri, it shall procure a certificate of authority to do business in Missouri, as required by section 351.57"2 et seq RSMo. A certified copy of such registration Of fictitious name or certificate of authority to do business in Missouri shall be filed with the Missouri Highways and Transportation Commission, as required by the standard specifications. (1S,) SUBCONTRACTOR DISCLOSURE: Requirements contained within Sec 102.7,8 of the Missouri Standard Specification for Highway Construction shall be waived for this contract, (16) PRO.JECT. AWA : This project will be awarded to the lowest, responsive, responsible bidder. (17) MATERIALS INSPECTIONS: All technicians who perform, or are required by the FHWA to witness, such sampling and testing shall be deemed as qualified by virtue of successfully completing the requirements of EPG 106.18 Technician Certification Program, for that specific technical area, (18) PRIME C0NT8A.UQRRE0,J11REW _Lik[TS- The limitation in Sec 108.1.1 of the Missouri Standard Specifications for Highway Construction that "the contractor's organization shall perform work amounting to not less than 40 percent of the total contract cost" is waived for this contract. Instead, the less restrictive terms of the Federal Highway Administration's rule at Title 23 Code of Federal Regulations (CFR) § 635.116(a) shall apply, so that the contractor must perform project work with its own organization equal to and not less than 30 percent of the total original contract price. DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C Second-tier subcontracting will not be permitted on this contract. All other provisions in Sec 108, 1.1 et seq. of the Missouri Standard Specifications for Highway Construction shall remain in full force and effect, and shall continue to govern the contractor and Its subcontractors, In accordance with the provisions of Title 23 CFR § 635.116. (19) SALES AND VSE JAX EXEMPTION,, City of Cape Girardeau, a tax exempt entity, will furnish a Missouri Project Exemption Certificate as described in Section 144,062 RSMo to the awarded contractor who In turn may use the certificate to purchase materials for a specific project performed for the tax exempt entity. Only the materials and supplies incorporated or consumed during the construction of the project are exempt, The certificate will be Issued to the contractor for a specific project for a defined period of time. ITEMIZED DID,, The bidder should complete the Itemized Did In accordance with Sec 102.7 on the City',s 13 - Procurement website. The bidder proposes to furnish all labor, materials, equipment, services, etc, required for the performance and completion of the work for the amounts indicated on the Itemized Bid. DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C City of Cape Girardeau TAP -1501(020) - Pedestrian Walkway and Kingshighway Intersection Improvements Project #2121 Bid Form . Please fill out unit pricing here. Item # Item Descrl tlon lQuantity Unit Unit price.. Item Total 1 REMOVAL OF IMPROVEMENTS 1.0 LS $3:8,640.00: $38,640.00 2 MODIFIED LINEAR GRADING CLASS 2 16.3 STA $2,650.00 $43,195.00 3 TYPE 5 AGGREGATE FOR BASE (4 IN. THICK) 894.5 SQYD $3:55 $7,647.98 4 MISC. ROCK FILL 28.0 TONS $44,00 $1,232.00 5 CONCRETE PAVEMENT 10 IN. NON-REINF) 738.6 SQYD $18000 $132,948.00 6 CONCRETE CURB RAMP 26.5 SQYD $230.01) $6,095.00 7 TRUNCATED DOMES 204.0 SQFT $32.001 $6,528.00 8 3 W. CONCRETE MEDIAN STRIP 39.3 SQYD $69;00 $3,890.70 9 6 IN, CONCRETE MEDIAN STRIP 108.2 SQYD $102.0.0: $11,036.40 10 CONCRETE SIDEWALK 4 IN. 820.2 SQYD $4"00 $68,896.80 1.1 CONCRETE GUTTER TYPE A 7.0 LF $9500 $665.00 12 INTEGRAL CURB (6 IN. HEIGHT AND UNDER) TYPE B 338.0 LF $14.0.0. $4,732.00 13 MISC. MODIFIED TYPE A GUTTER & COVER 1.0 EA $3,600.00 $3 600.00 14 MISC. MODIFIED TYPE B GUTTER & PLATE 1.0 EA $3,64UO $3,640.00 15 TRUCK OR TRAILER MOUNTED ATTENUATOR (TMA) 2.0 EA $5,000.00 $10,000,00 16 CONSTRUCTION SIGNS 353.0 SQFT $.17 G0 $6,001.00 17 ADVANCED WARNING RAIL SYSTEM 6.0 EA $1rao.0.0 $960.00 18 CHANNELIZER TRIM LINE 60.0 EA $40,0Q $2,400.00 19 TYPE III MOVEABLE BARRICADE 4.0 EA $165:0.0.. $660.00 20 FLASHING ARROW PANEL 1.0 EA $200.,001 $200.00 21 CHANGEABLE MESSAGE SIGN WITHOUT COMMUNICATION INTERFACE, CONTRACTOR FURNISHED CONTRACTOR RETAINED 2.0 EA $51200.00 $10,400.00 22 MOBILIZATION 1.0 L5 $43,.000.0(? $49,600.00 23 PREFORMED THERMOPLASTIC PAVEMENT MARKING, 6 IN. WHITE 585.0 LF $6.0.0 $4,680.00 24 PREFORMED THERMOPLASTIC PAVEMENT MARKING, 24 IN. WHITE 30.0 LF $64.0.0 $1,920.00 25 PREFORMED THERMOPLASTIC PAVEMENT MARKING, 30 IN WHITE MIDBLOCK 2.0 EA $1120.0:00 $2,400,00 26 PREFORMED THERMOPLASTIC PAVEMENT MARKING, 12 IN WHITE, YIELD LINE TRIANGLES 26.0 EA $76.00, $1,976.00 27 6 IN. WHITE HIGH BUILD WATERBORNE PAVEMENT MARKING PAINT, TYPE L BEADS 204.0 LF $7.00' $1,428.00 28 4 IN. YELLOW STANDARD WATERBORNE PAVEMENT MARKING PAINT, TYPE P BEADS 544.0 LF $6.50 $3,536.00 29 PAVEMENT MARKING REMOVAL 38.0 LF $9:0,0. $342.00 30 CONTRACTOR FURNISHED SURVEYING AND STAKING 1.0 LS $;1°£i,B00:00 $18,600.00 31 12 IN. PIPE GROUP C 13.0 LF $104,0.0 $1,352.00 32 12 IN, OR ALLOWED SUBSTITUTE GROUP C FLARED END SECTION 2.0 EA $2,800.0.01 $5,600.00 33 ISEEDING - COOL SEASON GRASSES 0.2 AC $7,000.00 $1,400.00 34 JALTERNATE DITCH CHECK 10.0 LF $Q.60 $420.00 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C 35 CURB INLET CHECK 2.0 EA$195.0.0 $390.00 36 SEDIMENT REMOVAL 15.0 CUYD $64.00 $960.00 37 SILT FENCE 1162.0 LF $5:00 $5,810.00 38 MISC. PLACE LANDSCAPE BLOCK 1.0 LS $'4,,000.00 $4,000.00 39 SIGNAL HEAD, TYPE 1S, PEDESTRIAN 4.01 EA $1,000:00 $4,000.00 40 SH -FLAT SHEET -SIGNAL SIGN 4.0 SF $10.0,00 $400.00 41 SIGNAL SIGN MOUNTING HARDWARE 4.0 EA $1'50 oo $600.00 42 POST SIGNAL 8 FT. OR 2.4 M 4.0 EA $1,350:.00 $5,400.00 43 CONDUIT, 2 IN., TRENCH WITH TRACER WIRE 43.0 LF $90.00 $1,290.00 44 CONDUIT, 4 IN., TRENCH WITH TRACER WIRE 12.0 LF $70.00 $840.00 45 CONDUIT, 3 IN., PUSHED WITH TRACER WIRE 295.0 LF $'50:00 $14,750.00 46 CABLE, 16 AWG 2 CONDUCTOR 800.0 LF $3.00 $2,400.00 47 CABLE, 16 AWG 5 CONDUCTOR 810.0 LF $3.00 $2,430.00 48 CABLE, 16 AWG 7 CONDUCTOR 440.0 LF $3.00 $1,320.00 49 CABLE, LOOP DETECTOR, LEAD-IN 360.0 LF $2.95; $1,062.0.0 50 PULL BOX, PREFORMED CLASS 2 5.0 EA $2,30:0:0(I $11,500.00 51 BASE, CONCRETE 1.8 CUYD $20:0:00 $3,960.00 52 AUDIBLE AND TACTILE PEDESTRIAN PUSH BUTTON ASSEMBLY 4.0 EA $2,;Q0a.00 $8,000.00 53 2.5 IN. PSST POST -1.2 GA. 104.0 LF $36.0.0 $3,744.00 54 DRIVEN POST' ANCHOR FOR 2.5 IN. PSST - 7 GA. 9.0 EA $24.5:00 $2,205.00 5 , SH -FLAT SHE 79.0 S FT4�0.0 3 397.00 Total Bid $535,079.88 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C BIDDER CHECKLIST FINAL CHECKLIST BEFORE, SUBMITTING BID 2fe"1. Submit completed Conti -actor Questionnaire and/or Contractor Prequalification Questionnaire with attachments not later than seven (7) days prior to the date and hour of the bid opening. See Sees 101-103 orthe Standard Specifications, and Rule 7 CSR 10-15,900, "Prequalifications to Bid of'Certain Contractors". Questionnaire and Contact information are provided oil MoDOT's website, 2. All bids shall be submitted electronically using the City's E -Procurement system at deparul tell is adlil ill istrat ive hilance, 11i(h. The City of Cape Girardeau does not accept paper bids. Any paper bids submitted will be re ' jected, 3, Please read all items in the bidding document carefully, ke 4. If submitted in the name of a firm or corporation, the legal name of the firm or corporation should appear in the space designated, and be signed for by one or more persons legally qualified to execute papers in the name of said firm or corporation. 5. Submit the Bid, Bid Bond and associated Bid Documents by logging onto the City's E -procurement website and follow the instructions. Prompts for all necessary Bid Documents required to complete the Bid Submittal are located on the website. The Bidder's unit bid prices must be entered directly into the online form, ov- 6. The apparent low bidder must submit the DBE Submittal Forms within 3 business days of the Bid Opening. The BDE Identification Submittal Form must be submitted for each DBE to be utilized on the project. 4 4 60 4 4 44 # 4 44 6 0 464 4 +0 6 #+#o o 46# 4 ####4 #0# #44 0 4444 444 4 640 4 44 0 4 04 4 4444 * 446440# 404 0#4444444 44#4#04 Below is a list of common mistakes made by bidders leading to non-responsive bids. Please refer to the City's E - Procurement website and the MoDOT Standard Specifications for the appropriate procedures for completing and submitting a bid, a) Not acknowledging addenda b) Not providing a bid bond c) Not checking junk email folder or spam filter to make sure all email updates were received 44#4 4 4# 0#44#0 #0 * 4 0#44 4 #0 4 64 0 446 *4 004 4 00 0446 0 6 64 4 4 40 0 6 44 44 04* 0 46 4060 4 4 00 044000 0044000000 All questions concerning the bid document preparation can be directed to Tim Richmond 573.339.6723, Project specific questions can be directed to Stacy C-arnhart, BFW Engineering at 573.222.5632 Special Needs: If you have special needs addressed by the Americans with Disabilities Act, please notify Tim Richmond, at 573.339,6723 or through Missouri Relay System, TDD 1-800-735-2966, at least five (5) working days prior to the bid opening, DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C (6) DBE Submittal Forms:, This form must be submitted by 4 p.m. three (3) business days after bid opening, (A) DBE Contract Goal ' : By submitting this bid, the bidder certifies that the bidder is familiar with the DBE Program Requirements in this contract. The contract DBE goal for the amount of work to be awarded is <<DBE>>% of the total federal project price. The bidder shall also complete the DBE Submittal Form in accordance with the program requirements. (B) DBE Participation: The bidder certifies that it will utilize DBE's as follows: 4 % OF TOTAL FEDERAL CONTRACT NOTE: Bidder must fill in the above blank. If no percentage is specified, the bidder certifies that it agrees to, and will comply with the contract goal. If a percentage below the contract goal is specified, then the bidder must submit complete documentation of good faith efforts to meet the DBE contract goal, immediately below, (C) Certification of Good Faith Efforts to Obtain DBE Participation: By submitting its signed bid, the bidder certifies under penalty of perjury and other provisions of law, that the bidder took each of the following steps to try to obtain sufficient DBE participation to achieve the Commission's proposed DBE Contract Goal: (Attach additional sheets if necessary). Fig 13 6.9.9 1 of 3 Jul 2020 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C Form ECR -101 (Rev, 05/2020) DBE Identification Submittal Form (For Local Program Agency (LPA) Projects) Job Number: TAP -1501(020) Route: Kingshighway Prime Contractor: Lappe Cement Finishing, Inc. county: Cape Girardeau Contract Amount: $535,079.88 Identification of Participating DBE's: Provide the requested information below for each DBE participating on the project, Submit this information with your bid or to__________________ ___.-_......................__._____--_-----__-_-____-_.__-_......................... no later than 4:00 p.m. on the 3rd working day after the bid opening. Fax or e-mail transmittal is permitted. The fax number is .......................and the e-mail address for submittal is Contact MoDOT's External Civil Rights Division (ECR) at (573) 526-2978 for questions and assistance must be received for each DBE utilized on the 1proiect, All information must be provided. If awarded the contract for this project, the undersigned will use the following DBE to perform or furnish the work, supplies, and/or services as shown below: DBE Name: Midwest constructlonServices Address: 13219 State Road CC * DeSoto, MO 63020 P114 37 Silt Fence ;4 ppl Hl iogifl f R $4,648.00 k.or 1% Add Remove Lines + .100% + w. + + DBE Total: Total % , *Cannot exceed contract amount for given item of work Trucking services credited at 100% if the DBE owns the trucks or is leasing from a DBE firm Allowed amount of participation will be in accordance with 49 CFR Part 26. Brokered services will only receive credit for fees. Respectfully submitted: Lappe Cement Finishing, Inc. Melissa L. Hayden - Office Manager Company Name (Prime Contractor) Name / Title Melissa L. Hayden,, Digitally signed by Melissa L. Hayden Date: 2023,06,1611:11:03.05 00 Signed (Prime Contractor) Fig 136.9.9 2 of 3 Jul 2020 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C Form ECR -101 (Rev. 05/2020) DBE Identification Submittal Form (For Local Program Agency (LPA) Projects) Job Number:_ TAP -1501(020) Route—: Kinashighway Prime Contractor: Lappe Cement Finishing, Inc. county: Cape Girardeau ContractAmount: $1535,079.88 Identification of Participating DBE's: Provide the requested information below for each DBE participating on the project. Submit this information with your bid or to .............................................................................................................. no later than 4:00 p.m, on the 3rd worIcing day after the bid opening. Fax or e-mail transmittal is permitted. The fax number Is .................. and the e-mail address for submittal is Contact MoDOT's External Civil Rights Division ��ER) at (573) 526-2978 for questions and assistance must be received for each DBE utilized on the proiect. All information must be provided. If awarded the contract for this project, the undersigned will use the following DBE to perform or furnish the work, supplies, and/or services as shown below: DBE Name: Truck service, LLC Address: 210 C Street * Cape Girardeau, MO 63701 DBE Total: $17,000.00 Total % 3% "Cannot exceed contract amount for given item of work Trucking services credited at 100% if the DBE owns the trucks or is leasing from a DBE firm Allowed amount of participation will be in accordance with 49 CFR Part 26. Brokered services will only receive credit for fees. Respectfully submitted: Lappe Cement Finishing, Inc. Melissa L. Hayden - Office Manager Company Name (Prime Contractor) Name / Title Melissa L. Hayden � Digitally signed by Melissa L. Hayden Date: 2023.06.1611:11:52 -05'00' Signed (Prime Contractor) Fig 136.9.9 2 of 3 Jul 2020 Al, Add or Remove I't i'l, 41, Lines 011 1000'00 100% $17,000.00 3% + + + + DBE Total: $17,000.00 Total % 3% "Cannot exceed contract amount for given item of work Trucking services credited at 100% if the DBE owns the trucks or is leasing from a DBE firm Allowed amount of participation will be in accordance with 49 CFR Part 26. Brokered services will only receive credit for fees. Respectfully submitted: Lappe Cement Finishing, Inc. Melissa L. Hayden - Office Manager Company Name (Prime Contractor) Name / Title Melissa L. Hayden � Digitally signed by Melissa L. Hayden Date: 2023.06.1611:11:52 -05'00' Signed (Prime Contractor) Fig 136.9.9 2 of 3 Jul 2020 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C Form ECR -101 (Rev. 05/2020) Instructions for Completing the DBE Identification Submittal Form (For Local Program Agency (LPA) Projects) (ECR -101) Submit this form with your bid or as outlined on front of page no later than 4:00 p.m. on the 3rd working day after the bid opening. Only DBE's listed on MoDOT's Missouri Regional Certification Committee (MRCC) directory may be used towards obtaining the DBE goal on the project. DBE firm must be certified with the appropriate North American Industrial Classification System (NAICS) code for the type of work being utilized to perform. The MRCC directory is available at the following link Linder the MRCC Directory tab:1'r1TP*/1w—ww.nodo1.or6/wcIqo _ (A) Insert Bid Line Item in the same order as it appears in the bid document. (B) Insert the result from multiplying the Unit price for the bid line item by the quantities listed in column (A): a JUMP SUM, if applicable, may also be inserted, (C) Insert the percentage of column (B) that the DBE will perform, If the DBE is a supplier as that term is defined in 49 CFR Part 26.55, then only 60% of the value in column (B) can be applied towards the contract specific goal. If the DBE is furnishing and installing the line item, then 100% of the value can be applied. (D) Insert the result from dividing columns (B) and (Q. (E) Insert the result from dividing column (D) from the total bid line item amount, Fig 136.9.9 3 of 3 Jul 2020 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C FOR EMPLOYERS ARTICLE i PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and Lappe Cement Finishing, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow wlille 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. 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 Revislon Date 06/01/13 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF51D29C Company ID Number: 189854 Page 13 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 EEmployer Lappe, Cement Finishing, Inc. Name (Please Type or (Tint) Title Randy J Lappe Signature Date Electronically Signed 02/12/2009 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 02/12/2009 Page 13 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C A COMES NOW (Name) Randy Lappe as (Office Held) President of (Company Name/ Contractor) Lappe Cement Finishing, Inc. and first being duly sworn, on my oath, affirm as follows: 1. (Company name/Contractor) Lappe Cement Finishing, Inc. is enrolled in and will continue to participate in a federal work authorization program in respect to the employees that will work in connection with the contracted services related to (Project Name) TAP -1501(020) - Pedestrian Walkway and Kil!gshighway Intersection Improvements for the duration of the contract in accordance with RSMo Chapter 258.530(2). 2. 1 also affirm that (Company Name/ Contractor) Lappe Cement Finishing, Inc. does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services related to (Project Name)) TAP -1501(020) - Pedestrian Walkway and KingshighwLay Intersection Improvements 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.) Lappe Cement Finishing, Inc. Name o CorXpoia' BY: p'PrtS i A t4r,+ (Name of Officer of (Arporaltion aWd Title) ATTEST: 9-L-114 &=� Secretary (SEAL OF CORPORATION) DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU tC-1 :-h- On this D day of kq 20-x �, before me appeared Randil Lappe to me personally known, who, being by me duly sworn, did say that he/she is the President of Lappe Cement Finisiting, Inc, 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 Perryville, Missouri, the day and year first above written. N, - Notary -ublic Notaryi-ublic My Commission Expires: MELISSA L. HAYDEN kNOTARY PUBLIC - NOTARY SEAL lAi 5D ir?,DaA STATE OF MISSOURI COMMISSIONED FOR CAPE GIRARDEAU COUNTY MY COMMISSION EXPIRES APR. 30, 2024 ID #12542641 DocuSign Envelope ID: 885268C6-55FF-4464-9909-051 DBAF5D29C to UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 (A Stock Company) KNOW ALL BY THESE PRESENTS, that we LAPPS CEMENT FINISHING, INC. 2710 COUNTY ROAD 413, FRIEDHEIM, MO 637477468 as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CAPE GIRARDEAU 44 NORTH LORIMIER STREET, CAPE GIRARDEAU, MO 63701 as Obligee, hereinafter called the Obligee, in the sura of Five and 00/100 Percent of the Bid Amount 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 PEDESTRIAN WALKWAY - KINGSHIGHWAY INTERSECTION IMPROVEMENTS -TAP-1501 (020) 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 goad 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 13th day of June ,20 23 /1���1� (WITNESS) ; CONT 0001 0899 LAPPS CEMENT FINISHING, INC. By �_ ���ti (Seal) —� .f�INCIPAL) /TITI 1' 1