Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Res.3576.09-05-2023
BILL NO. 23-129 RESOLUTION NO. 357 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY FOR THE 2023 ASPHALT OVERLAY PROGRAM 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 Apex Paving Company, DBA ASA Asphalt, for the 2023 Asphalt Overlay Program. 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 OFA i , 2023 . Stacy Ki de , yor ATTEST: _ truce Taylq � `Deputy City Clerk •Ii\ SO" , ec? THE SIO fir° DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C NOTICE OF AWARD 2023 Asphalt Overlay Program City Project #6274 September 6, 2023 Mr. Austin Williams Apex Paving Co., dba ASA Asphalt PO Box 637 Cape Girardeau, MO 63702 Dear Mr. Williams: You are hereby notified that your bid dated August 29, 2023 for the above contract has been considered. You are the apparent successful bidder, and were awarded this project at the September 5, 2023 meeting by the City Council of the City of Cape Girardeau. This project consists of: Milling and asphalt overlaying streets including sidewalk reconstruction, curb reconstruction, and tree removal where necessary on the following streets: Bessie Street from West End Blvd. to Dead End, E Lake Drive from N Lake Dr. to Cul-de-sac, Elfrink Street from Butler St. to Cul-de-sac, Elm Street from Ranney Ave. to Sprigg St, Kingsway Drive from Peach Tree St. to Kingshighway, Luce Street from Sunset Blvd to Caruthers Ave, Pebble Lane from S Lake Dr. to Dead End. The price of your contract is: Four hundred fifty-nine thousand seventy-four dollars and fifteen cents -- ---($459,074.15). 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, Jake Garrard, P.E. City Engineer DocuSign Envelope ID: 51BAK31-ECA2-442C-AD88-94EFE089B80C CITYOfCAPE G 1 R A R D E A U AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The City of Cape Girardeau ("Owner") and Apex Paving Co., DBA ASA Asphalt ("Contractor") Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project improvements consist of milling and asphalt overlaying streets including sidewalk reconstruction, curb reconstruction, and tree removal where necessary on various streets within the City of Cape Girardeau. ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2023 Asphalt Overlay Program ARTICLE 3 — ENGINEER 3.01 The Project has been designed in-house. 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 of the 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 SSubstantially m r pleted , ,;+h"„ NQn days -.f+ the date when the Gewae + completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions by June 15th, 2024.withi^ 210 days of+or the date wh. the r + t Times GemmeRGe to r 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 1 of 7 DocuSign Envelope ID: 51 BAK31 -ECA2-442C-AD88-94EFE089B80C 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. SubstaRtial Completion: Contractor shall pay Owner $ for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for SubstaRtial Completion until the Work is substaRtially complete and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed 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 of Payments 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 on or about the 10th day of each 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 of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract 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 2 of 7 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C a �VX> , ,J percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and ba5_ percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance 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 in the 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 general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the 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 to Technical Data in such reports and drawings, and (2) 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 of the Site; information and observations obtained from visits to the Site; the Contract Documents; and if applicable, the Site -related reports and drawings identified in the Contract Documents, with respect to 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. 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 3 of 7 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C 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. 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 , inclusive). 2. Performance bond (pages to inclusive). 3. Payment bond (pages to, inclusive). 4. General Conditions and Supplementary Conditions (pages 8 to ��J 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 2023 Asphalt Overla0r6grarn�° . 7. Addenda (numbers . to", inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages I`' tom, 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 f. Contractor's Warranty 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). 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 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C 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 Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a 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 money 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 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. 10.05 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. Bidder must submit a completed Certification Regarding Debarment, Suspension and other Responsibility Matters as attachment to the Bid. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of 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 E1CDC® 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 5 of 7 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C 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: 51BA3C31-ECA2-442C-AD88-94EFE089B80C IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on 9/7/2023 (which is the Effective Date of the Contract). OWNER: City of Cape Girardeau F0DocuSigned by: r. i t ln.ln.t,{(t, Rakiv, �OCE66CC826F54AD By: Dr. Kenneth Haskin Title: City Manager ocuSigned by: Attest: ''`�O` Bruce Taylor LD6117 sazsoasaF c ue Title: Deputy City Clerk Address for giving notices: Development Services Department, City Hall 44 N. Lorimier Street Cape Girardeau, MO 63701 CONTRACTOR: ASA Asphalt �DocU- uSigned by: Ct, Caw By: Cecilia Cain Title: Construction Manager (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) bAttest: ED—Si,",d mv' (AlawiS Austin Williams Title: Project Manager Address for giving notices: Apex Paving Co. DBA ASA Asphalt PO Box 637 Cape Girardeau, MO 63702 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: 51BA3C31-ECA2-442C-AD88-94EFE089B80C Exhibit A CITYOfCAPE R r. R N E ,. BID FORM PROJECT IDENTIFICATION: The project improvements consist of milling and asphalt overlaying streets including sidewalk reconstruction, installation of ADA compliant ramps, and tree removal where necessary on various streets within the City of Cape Girardeau. CONTRACT IDENTIFICATION: Project Name: 2023 Asphalt Overlay Program City Project Number: 6274 Issue Date: August 2023 EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page I DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C TABLE OF CONTENTS Page ARTICLE1— Bid Recipient.............................................................................................................................1 ARTICLE2 — Bidder's Acknowledgements.....................................................................................................1 ARTICLE 3 — Bidder's Representations..........................................................................................................1 ARTICLE4 — Bidder's Certification................................................................................................................. 2 ARTICLE5 — Basis of Bid................................................................................................................................ 2 ARTICLE6—Time of Completion...................................................................................................................3 ARTICLE7 — Attachments to this Bid................................................................ ............................... ......3 ARTICLE8 — Defined Terms...........................................................................................................................3 ARTICLE9 — Bid Submittal.............................................................................................................................3 EJCDC® C•410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page It DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted through the City's E -Procurement system. 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents, ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date )JO, J- I-sT-dna3 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all, if any: (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 to Technical Data in such reports and drawings, and (2) 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. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business In the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to 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 Bidder; and (3) Bidder's safety precautions and programs. E)CDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents, G. Bidder 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 Bidding Documents, H. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Owner is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4A1.D 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid 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 a execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the prices) documented on the E -Procurement Bid Form. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering companies, and American Society of Civil Engineers. All rights reserved. Page 2 DocuSign Envelope ID: 51 BAK31 -ECA2-442C-AD88-94EFE089B80C Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar- days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 —ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; C. If applicable, Contractor's License No.: 56A7,3 [or] Evidence of Bidder's ability to obtain a State Contractor's License and a covenant by Bidder to obtain said license within the time for acceptance of Bids; D. Required Bidder Qualification Statement with supporting data; E. Affidavit of Work Authorization; F. Affidavit of OSHA Training; G. Anti -Discrimination Against Israel Act Certification; and H. Certification Regarding Debarment, Suspension and Other Responsibility Matters. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 — BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] �} p,^}�p� Nei �Y,�lon V 1.1 y pr.Vua Qnk. (If Bidder is a corporation, d limited liability company,'a partnership, or a joint venture, attach evidence of authority to sign.) EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 DocuSign Envelope ID: 51 BAK31 -ECA2-442C-AD88-94EFE089B80C Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Cry . Q 311co, Telephone Number:3' 5�g Fax Number: 2 331 -15 LD LD Contact Name and e-mail address: a y� LA) 0 lrLYYIU,) n ms C- duaL Cia . Com) Bidder's License No.: O a O l 0 ay (where applicable) E1CDC° C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C 2023 Asphalt Overlay Program - Itemized Bid Form - ADD One Item # Item Description Unit lQuantity JUnit Price I Item Total 1 Butt Joint and Spot Milling SY 554.00 $ 30.49 $ 16,891.46 2 Street Milling SY 6051.00 $ 7.02 $ 42,478.02 3 Type 5 Aggregate Ton 60.00 $ 15.29 $ 917.40 4 Liquid Asphalt (Tack Coat) Gal 1160.00 $ 5.38 $ 6,240.80 5 Asphaltic Concrete (2" or 4" BP -2) Ton 1566.00 $ 111.18 $ 174,107.88 6 Full Depth Repair SY 156.50 $ 38.20 $ 5,978.30 7 R&R Concrete Curb and Gutter LF 1345.00 $ 48.84 $ 65,689.80 8 R&R Concrete Sidewalk SF 8663.00 $ 9.62 $ 83,338.06 9 R&R Concrete Driveway SF 3015.00 $ 10.16 $ 30,632.40 11 Adjust Manhole Each 4.00 $ 1,770.00 $ 7,080.00 12 Adjust Valve Each 2.00 $ 295.00 $ 590.00 13 Temporary Traffic Control LS 1.00 $ 9,816.03 $ 9,816.03 14 Temporary Erosion Control LS 1.00 $ 726.74 $ 726.74 15 JTree Removal Each 10.00 1 $ 1,348.84 $ 13,488.40 16 Pop Up Drain Each 7.00 $ 156.98 $ 1,098.86 Total Bid: $ 459,074.15 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C EXHIBIT AFFIDAVIT OF OSHA TRAINING COMES NOW (Hamel. i,► Yl ��8� Q �hj2C)as (Office Feld) y c o 9Y Q, d e V)L of (Company Name/Contractor)lD jt)(1Cp,W a,li�(c1Qbeing duly sworn, on my oath, affirm in connection with the contracted services related to AQ 2) u- Nl (Project Name) for the duration of the contract, as follows: 1, Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo, 2. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the Project commences, as required by Section 292.675, RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. 4. Contractor shall require all of its Subcontractors to comply with the requirements of Section 292.675, RSMo. 5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such employee is employed without the training required in Section 292,675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition of the penalties described therein shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 7. Contractor acknowledges that in the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred 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. OSHA - 1 DocuSign Envelope ID: 51 BAK31 -ECA2-442C-AD88-94EFE089B80C 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.) (name of corporation By: (na e of officer of corporation and tide) ATTEST: & l rP,1t Q,L.wn , YLUL SPY, R,�C�Q Yid —�Mr offiect) Cony uwjon mar, (L%L-) (SEAL OF CORPORATION) STATE OF MISSOURI ) s5. COUNTY OF CAPE GIRARDEAU ) On this: day of , 20 before me appeared , to me personally known, who, be ng by me duly sworn, did say that he/she is le yl bio Qf C N fi e n . of Iissouri Corporation, and that the seal affixed to the foregoing instr ment 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. NotatylVbhc My Commission Expires: OSHA - 2 OFFICIAL SEAL JESSICA GRACE NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES: 09/09/2026 DocuSign Envelope ID: 51 BAK31 -ECA2-442C-AD88-94EFE089B80C EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Namel'�4eT lfhW p Y �Y�s (Office Held)) V �.L�Q nPf U Li�_D —Y - of (Company Name/Contractor) W al I hy1' cl iD / OZQ ll�Difiliw�^�laeing duly sworn, on my oath, affirm as follows: J 1. (Company Name/Contractor)wa-m- Pay U- Q1 C-0 U..Ua l'1MIcd± is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to (Project Namc) Q09Z o 0 QAQas'� � ram for the duration of the contract in accordance with RSMo Chapter 285.530(2). 2. 1 also affitrn that (Company Name/Contractor)I1�11_ Y YYI�Q �(l Nl not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Project Name) AW QlUnalt DY(DIA-ft y� A i'YQQLQ1fYl for the duration of the contract. 3. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) (Name of Corpor• By: (_Name o ficer of Corporation and Title) A � �T' Suprk'►n CanALxLLLtio+r-� Mona" (SEAL OF CORPORATION) DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C STATE OF ss. COUNTY OF�� ® D ) On this6 day of , 2026 before me appeared 1q- QpVQ n PjQ Qam to me personally known, who, being by me duly sworn, did say that he/she is the of 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. (—'Vh 1\1\11 r n) QA'Q-1 D Notary V11bhc My Commission Expires: tIAI SEAL. JESS�SA 41�ACE �`1n , n , �1� Ly My PUBIL'IC, STA fE OF ILLINOIS MY COMMISSION EXPIRES: 0910912026 DocuSign Envelope ID: 51 BAK31 -ECA2-442C-AD88-94EFE089B80C ANTI -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600, a public entity shall not enter into a contract to acquire or dispose of services, supplies, information technology, or construction valued at $100,000 or more, or with a contractor having ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of: Goods or services from the State of Israel; Companies doing business in, or with, Israel; Companies authorized by, licensed by, or organized under, the laws of the State of Israel; or Persons or entities doing business in the State of Israel; For a definition of the term "boycott", please refer to RSMo. §34.600.3. A copy of the statute is attached. By signing below, the Contractor agrees and certifies that it does not currently, and will not for the duration of this contract, engage in any of the types of boycotts listed above. IN AFFIRMATION THEREOF, the undersigned states that the facts stated above are true and correct, and that he/she understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo. in (Name of (N*c of Officer of Corporation and Title) S nex� �� tears on ,)(L*U ATTEST: gem ) CwsL.0 ,wn manuobw (SEAL OF CORPORATION) DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C STATE OF ADAM" ) ss. COUNTY OF _ Q U. U ! � ) On this o� day of -1 L01 tA7 . , 20,Qa, before me appearedU. to me personally known, who, being by me duly sworn, did say that he/she is the Q SPP 1 ,1 A co kPYJ6puri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office, the day and year first above written. My Commission Expires: ..r . OWJAL SEAL JE$,*A`.GRACE NOTARY PUQUC, STATE OF ILLINOIS MY COMMISSION EXPIRES: 0910912026 DocuSign Envelope ID: 51 BAK31 -ECA2-442C-AD88-94EFE089B80C CITY CAPE G I R A R D E A U Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency; (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract Linder a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $ 10,000 or imprisonment for up to five (5) years or both. TypedName & thorized Representative Z ~_ c�i a3 la3 Signa e of Authorized Representative Date ❑ I am unable to certify to the above statement. My explanation is attached. DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C THIS PAGE INTENTIONALLY LEFT BLANK. DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C John R. Ashcroft Secretary of State 2022 ANNUAL REGISTRATION REPORT BUSINESS *SECTION 1, 3 & 4 ARE REQUIRED REPORT DUE BY: 7/31/2022 00201024 APEX PAVING CO. CSC -LAWYERS INCORPORATING SERVICE COMPANY 221 BOLIVAR ST JEFFERSON CITY MO 65101 00201024 Date Filed: 5/25/2022 John R. Ashcroft Missouri Secretary of State RENEWAL MONTH: APRIL 111 OPT TO CHANGE THE CORPORATION'S RENEWAL MONTH TO FOR A $25.00 FEE PRINCIPAL PLACE OF BUSINESS OR CORPORATE HEADQUARTERS: 1208 S Xingshighway (Required) 1 STREET Cape Girardeau MO 63702.8010 CITY / STATE ZIP If changing the registered agent and/or registered office address, please check the appropriate box(es) and fill In the necessary Information. ❑ The new registered agent IF CHANGING THE REGISTERED AGENT, AN ORIGINAL WRITTEN CONSENT FROM THE NEW 2 REGISTERED AGENT MUST BE ATTACHED AND FILED WITH THIS REGISTRATION REPORT. ❑ The new registered office address Must be a Missouri address, PO Box alone Is not acceptable. This section is not OFFICERS NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). MUST LIST PRESIDENT AND SECRETARY BELOW REp 51DENT GREEN, ZACH STREET 114 S. SILVER SPRINGS RD PO BOX 880 CITY/STATE/ZIP CAPE GIRARDEAU MO 63703 SECRETARY STREET 3 CITY/STATE/ZIP VICE PRESIDENT STREET CITY/STATE/ZIP VICE PRESIDENT STREET CITY/STATE/ZIP MARTINO II, ANTHONY L. 73 HEADQUARTERS PLAZA NORTH TOWER, 10TH FL MORRISTOWN NJ 07960 PETERSON, STEPHEN 114 S. SILVER SPRINGS RD PO BOX 880 CAPE GIRARDEAU MO 63703 licable for Banks, Trusts and Foreign Insurance. BOARD OF DIRECTORS NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). MUST LIST AT LEAST ONE DIRECTOR BELOW NAME STREET CITY/STATE/ZIP NAME STREET CITY/STATE/ZIP NAME STREET CITY/STATE/ZIP PONTON, ROBERT 114 S. Silver Springs Rd PO BOX 880 CAPE GIRARDEAU MO 63702 USA LOYD, TRACY R. NAME 114 S. SILVER SPRINGS RD STREET PO BOX $$0 CAPE GIRARDEAU MO 63703 CITY/STATE/ZIP NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS ARE ATTACHED The undersigned understands that false statements made In this report are punishable for the crime of making a false declaration under Section 575.060 RSMo. Photocopy or stamped signature not acceptable. 4 I Authorized party or officer sign here Anthony L. Martino II (Required) Please print name and title of signer: Anthony L. Martino II / Secretary NAME TITLE REGISTRATION REPORT FEE IS: WHEN THIS FORM IS ACCEPTED BY THE SECRETARY OF STATE, BY LAW ,,,_$20.00 If filed on or before 7/31/2022 IT WILL BECOME A PUBLIC DOCUMENT AND ALL INFORMATION _$35.00 If filed on or before 8/81/2022 PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE _$50,00 If filed on or before 9/30/2022 _ $65.00 If filed on or before 10/31/2022 ADD AN ADDITIONAL $25.OD FEE IF CHANGING THE RENEWAL MONTH. E-MAIL ADDRESS (OPTIONAL): REQUIRED INFORMATION MUST BE COMPLETE OR THE REGISTRATION REPORT WILL BE REJECTED RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO: Secretary of State, P.O. Box 778, Jefferson City, MO 65102 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C John R. Ashcroft Secretary of State 2022 ANNUAL REGISTRATION REPORT BUSINESS 00201024 APEX PAVING CO. CSGLAWYERS INCORPORATING SERVICE COMPANY 221 BOLIVAR ST JEFFERSON CITY MO 65101 REQUIRED INFORMATION MUST BE COMPLETE OR THE REGISTRATION REPORT WILL BE REJECTED RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO: Secretary of State, P.O. Box 778, Jefferson City, MO 65102 OFFICERS (Continued) BOARD OF DIRECTORS (Continued) NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE), TREASURER LOYD, TRACY R. DIR. STREET 114 S. SILVER SPRINGS RD PO BOX 880 STREET CITY/STATE/ZIP CAPE GIRARDEAU MO CITY/STATE/ZIP 63703 ASSISTANT SECRETARY RICHARDSON, DEAN 3 STREET 1208 S. KINGSHIGHWAY PO BOX 637 CITY/STATE/ZIP CAPE GIRARDEAU MO 63703 ASSISTANT SECRETARY SMITH, VIRGINIA STREET 114 S. SILVER SPRINGS ROAD PO BOX 880 CITY/STATE/ZIP CAPE GIRARDEAU MO 63702 REQUIRED INFORMATION MUST BE COMPLETE OR THE REGISTRATION REPORT WILL BE REJECTED RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO: Secretary of State, P.O. Box 778, Jefferson City, MO 65102 DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C MoDOT Missouri Department of Transportation Patrick K. McKenna, Director February 10, 2020 Apex Paving Co. P.O. Box 637 Cape Girardeau, MO 63702 Dear Sir or Madam: 105 West Capitol Avenue P.O. Box 270 Jefferson City, Missouri 65102 573.751.2551 Fax: 573.751.6555 1.888.ASK MODOT (275.6636) This is to acknowledge receipt of your Contractor Questionnaire. As set forth in 7 CSR 10-15, your firm has been approved to bid as a prime contractor on highway projects of any dollar amount. The questionnaire submitted will be retained on file for one year, and will expire on 1/31/2021. The Missouri Highways and Transportation Commission (the Commission) does not issue a gross qualification figure to prospective bidders. The lowest, responsive, responsible bidder for each project is determined by the Commission. The Commission reserves the right to reject any and all bids. You have been assigned contractor vendor number 0010371, to be used in the bidding process with MoDOT. In order to submit a bid on MoDOT road and bridge projects, you must have an active Bid Express account and a digital ID. Establishing a digital ID with Bid Express may take up to a week. A bidder must also download the current version of Expedite Bid software and the electronic bid submission (EBS) files from www.Bidx.com/mo/Main. All bidders are reminded that the Missouri Standard Specifications for Highway Construction Section 102 "Bidding Requirements and Conditions" includes important elements you should become familiar with prior to submitting a bid. Violation of this section is grounds to disqualify and reject bids by the Commission, All successful bidders are required to remain in good standing with the Missouri Secretary of State to do business with the State of Missouri to be eligible to receive a contract for execution and during the performance of the contract. MoDOT requires all successful bidders to be registered in MissouriBUYS. Registration with MissouriBUYS ensures prompt payment and allows vendors to update important information such as address changes or banking information. In addition, registration in MissouriBUYS allows contractors to view other bid opportunities with the State of Missouri. https://missouribuys.mo.gov/registration Please note that MoDOT road and bridge bidding opportunities remain located in MoDOT's Online Plans Room. hLtps://www.modot.org/modot-online-plans-room If you have any questions pertaining to filing questionnaires or to expiration dates, please call Jennifer Smith at 573-751-8305. Sincerely yours, 4K--� c,�A &�, David D. Ahlvers State Construction and Materials Engineer MoDOT Our mission is to provide a world-class transportation system that is safe, ®�® innovative, reliable and dedicated to a prosperous Missouri. www.modot.org DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C Document A31 O TM -- 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY, (Name, legal status and address) (Name, legal status and ptinctllal place of bt dress) Apex Paving Company Liberty Mutual Insurance Company PO Box 637 175 Berkeley Street Cape Girardeau, MO 63702 Boston, MA 02116 This document has important legal consequences. Consultation Mailing Address for Notices with an attorney is encouraged 175 Berkeley Street with respect to its completion or OWNER: Boston, MA 02116 modification. (Nanta, legal status and address) Any singular reference to p�Y i� _ (� „„ n q __ Contractor, Surety, Owner or 1,.� ltJ (,,,1,�,� other party shall be considered �Q ILDS-1 plural where applicable. CQ 1( u..a foal Cam 9 � 'U 3-1 (ff, BOND AMOU ®8® p� i lL � tax—CLL PROJECT: (foie, location or address and 1'trofcct nru)tbLr, {/'a,?v) 4 gUa-Lcu&.Lu ,:Q0a3 P o Py'oyafn The Contractor and Suroty are bound to the Owncr in the nmoutit set forth above, for the payment of which file Contractor and Surety bind tlieniselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if file Owner accepts the hid of the Contractor within file time specified in the bid documents, or within such tinic period as may be agreed to by the Owner and Contractor, and tho Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such Gond or bonds as may be specified in tire bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and othorwiso acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material famished in flie prosecution thereof; or (2) pays to tho Owner the difference, not to exceed tire amount of this Bond, botweon the amount specified in said bid and such larger amount for which file Owner may in good faith contract with another party to peribrin file work covered by said bid, then this obligation ~hall be null and void, otherwise to remain in Fill tierce and olYbet, The Surety hereby waives any notice ofan agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver ot'notice by tho Surety shall not apply to ally extension exceeding sixty (60) days in the aggregate beyond the tittle for acceptance ol'bids specilied in the bid documents, and the Owner and Contractor shall obtain the Surety's consent tier air extension beyond sixty (60) days. , If this Bond is issued in connection with a subcontractor's bid ton Contractor, the term Contractor in this Bond shalj;bd f a y t Subcontractor and the tornr Owner shall be deemod to be Contractor. Whcn this Bond hus been fttroished to comply with a statutory or other legal requimnient in [fie locution of,fix? projet go y rc rritifctit iti l¢ f `¢, this Bond conflicting with said stalulory or legal requiromenf shall be deemed deleted herefrom and provisids. c,ui}ti pfitt statutory° or other legal requirement shall be deemed incorporated herein. When so rumished, filo intent is ti l thr 16ad hu �(Sp, allcnetl us u statutory bund and not as a common law bond. Signed and sealed this day of Apex Paving Company t!t'true s) , t. 10- Y 'Lull �r Liberty Mutual Insurance Company S (lf'tutescy Robyn Salley c °� (Tale) Donna M. Planeta, Attorney -In -Fact' ' t S 0054/A38/10 �� , DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liber' t Liberty Mutual Insurance Company mutudis, The Ohio Casualty Insurance Company Certificate No: 8207373-985949 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aimee R. Perondine• Alexis Apostolidis- Amanda Pierina D'Angelo; Bethany Stevenson; Brendan Fletcher; Bryan M. Caneschi; Cassandra Baez; Donna M. Planeta; Eric Strba; Gentry Stewart; Jacqueline Susco; Jennifer Gail Godere; Joshua Sanford; Kathryn Pryor Kyle Williams- Michelle Anne McMahon; Nicholas Turecamo; Rebecca M. all of the city of Hartford state of CT each individually if there be more than one named, Its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of February , 2022 . Liberty Mutual insurance Company p� 1NSU� p�qv INSU 0 tNSURy The Ohio Casualty Insurance Company hJ 6oaP°Rye, 'LC y`� 6o�PORa> `9y �OP6oRPoJ?4, ti WestAmerican Insurance Company 1912 o ; 1919 0 4 � 1991 0 � 0 y mo dV19sSACHU6.db S�NAMPs�`,aD3 is �4'DIANP. da,tr ,.r By: David M. Carey, Assistant Secretary FU IState of PENNSYLVANIA ss County of MONTGOMERY On this 22nd day of February , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes _ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ro 3 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Cn s �4r5 M°y r�! Commonwealth of Pennsylvania —Notary Seal O �4� U°tr<a5 xg Teresa Pastella, Notary Public Montgomery County a0 of My commission expires March 28, 2026 By; (d �v Commission number 1126044 ` ti ',P �6 Member, Pennsylvania Association of Notaries eresa Pastella, Notary Public r RY 9 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance c Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS: Section 12. Power of Attorney. 4 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full powerto bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall 0 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE XIII - Execution of Contracts: Section 6, Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such adomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Such attorneys -in -fact subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, whereverappearing upon a certified copy of any power of attorney Issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same farce and effect as though manually affixed, I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of whtcllI the fWe€going Js a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. % q, 1 ti"i .:3 UPI "i IN TESTIMONY WHEREOF, I have hereunto set, rny natld Gn8, f i C0 ti e spls"of said Companies this day of Its U5+ �K: rt 4(j 1� o, 19 1991 n �. By: �111 10 117 bhp 4 *hid Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 02/21 ; + ° ' .^,.r t aRPisi t. DocuSign Envelope ID: 51BA3C31-ECA2-442C-AD88-94EFE089B80C Liberty Mutum. SURETY LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2021 Assets Cash and Bank Deposits ......................................... $2,234,770,744 *Bonds — U.S Government ..................................... 4,250,615,811 *Other Bonds............................................................ 16,983,165,862 *Stocks..................................................................... 20,075,458,019 Real Estate.............................................................. 182,250,567 Agents' Balances or Uncollected Premiums........... 7,607,687,836 Accrued Interest and Rents ..................................... 120,173,987 Other Admitted Assets .................... I .................. I.... 14,076,622,575 Total Admitted Assets ...................................565,530,745,401 Liabilities Unearned Premiums ................................................ $9,106,965,847 Reserve for Claims and Claims Expense ................ 25,279,158,493 Funds Held Under Reinsurance Treaties ................. 315,537,902 Reserve for Dividends to Policyholders .................. 1,726,291 Additional Statutory Reserve .................................. 139,634,000 Reserve for Commissions, Taxes and Other Liabilities ................................................ 8,638,106,801 Total................................................................. $43,481,129,334 Special Surplus Funds ................. $178,192,363 Capital Stock ............................... 10,000,075 Paid in Surplus ............................ 11,804,736,755 Unassigned Surplus ..................... 10,056,686,874 Surplus to Policyholders .................................22,049,616,067 Total Liabilities and Surplus ................................ 65.530.745.40 4N5Ug Bonds are stated at amortized or investment value; Stocks at Association Market Values. 1�tz The foregoing financial information is taken from Liberty Mutual Insurance Company's financial m� "ssnc statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2021, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 81h day of March, 2022. Assistant Secretary 3.1262LMIC/8 3/22