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HomeMy WebLinkAboutRes.3611.07-01-2024 BILL NO. 24-67 RESOLUTION NO. 3 1, 1 / A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALL CLEAR PUMPING AND SEWER LLC, FOR THE LEAD SERVICE LINE INVENTORY PROJECT, 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 All Clear Pumping and Sewer LLC, for the Lead Service Line Inventory Project. 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. The officers, agents, and employees of the City are hereby authorized to execute all documents and take steps as they deem necessary and advisable to carry out and perform the purpose of this Resolution. PASSED AND ADOPTED THIS 1 DAY OF 3—U JVj 2024 . Stacy Kin.- r, ' a or ATTEST: i eM4 / Bruce Taylo Deputy City Clerk r � \ v� 4' • ifFF x. S 01 ♦aw 47. *TUE UNTO Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 NOTICE OF AWARD Lead Service Line Inventory July 2, 2024 All Clear Pumping and Sewer LLC 502 Shady Acres Road Centertown, MO 65023 You are hereby notified that your bid dated June 13, 2024 for the above contract has been considered. You are the apparent successful bidder, and have been awarded this project at the July 1, 2024 meeting by the City Council of the City of Cape Girardeau. This work is described as follows: The contractor will pothole/excavate (mechanical or vacuum) service lines to determine the material present. This includes excavating both the utility and homeowner's side of the service line. The contractor will take photos of the exposed pipe on either side of the service line and make those photos available to the City of Cape Girardeau in digital format. The City expects to have 595 service lines verified for a price of $445,060. 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, ES cuSigneed bby:,A"217F4c4B8... Casey Brunke Public Works Director Page I of I Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 CITYOfCAPE G I R 4 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 All Clear Pumping and Sewer LLC Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ("Owner") and ("Contractor") The contractor will pothole/excavate (mechanical or vacuum) service lines to determine the material present. This includes excavating both the utility and homeowner's side of the service line. The contractor will take photos of the exposed pipe on either side of the service line and make those photos available to the City of Cape Girardeau in digital format. 1.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Lead Service Line Inventory. ARTICLE 2 —ENGINEER 2.01 The Project has been designed in-house. 2.02 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 3 — CONTRACT TIMES 3.01 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. 3.02 Contract Times: 3.03 The Work will be substantially completed within 180 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 days after the date when the Contract Times commence to run. 3.04 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 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: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 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 $750 for each 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 $750 for each day that expires after such time until the Work is completed 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 4 — CONTRACT PRICE 4.01 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 5 — PAYMENT PROCEDURES 5.01 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. 5.02 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 a. 95 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 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: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95.:::=; percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 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. 5.03 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 6 — INTEREST 6.01 All amounts not paid when due shall bear interest at the maximum rate allowed by Missouri's Public Prompt Payment Act, ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 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. 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. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, 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: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 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 8 — CONTRACT DOCUMENTS 8.01 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 i to 66 , 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 -1 to _1_, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (Labeled -Exhibit A). 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. Contractor's Warranty f. 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 otherthan those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General 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 4 of 7 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 ARTICLE 9 — MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 9.02 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. 9.03 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. 9.04 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. 9.05 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 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. 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 5 of 7 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 9.06 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: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on _7/15/2024 which is the Effective Date of the Contract). OWNER: City of Cape Girardeau CONTRACTOR: EoD­Si,n,dby: r. tuncf� lfiaS! �w All Clear Pumping and Sewer LLC D S gnd by: By: Dr. Kenneth Haskin By: ��uavicMcwi(liti Carrie Mcmi l l i n ccsuFerozcuoaRa... Title: City Manager Title: Director of operations (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign,) D. S.gn.d by: oc. Signed by: Attest: �Cc fia�l�lr Bruce Taylor Attest: ED �� lfial7aG! Sherry Hoback L 1�� Title: Deputy city clerk Address for giving notices: Title: office Manager Address for giving notices: Community Development Department, City Hall All Clear Pumping and Sewer LLC 44 N. Lorimier Street 502 Shady Acres Road Cape Girardeau, MO 63703 Centertown, MO 65023 License No.: (where applicable) 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 7 of 7 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 Exhibit A CITYOf CAPE G I 12 A R D E A U PROPOSAL FORM PROJECT IDENTIFICATION: The contractor will pothole/excavate (mechanical or vacuum) service lines to determine the material present. This includes excavating both the utility and homeowner's side of the service line. The contractor will take photos of the exposed pipe on either side of the service line and make those photos available to the City of Cape Girardeau In digital format. CONTRACT IDENTIFICATION: Project Name: Lead Service Line Inventory City Project Number: 2130 Issue Date: May 2024 E1CDC® C-410, Did Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Soclety of Civil Engineers. All rights reserved. Page I Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 TABLE OF CONTENTS Page ARTICLE1— Bid Recipient.............................................................................................................................1 ARTICLE 2 — Bidder's Acknowledgements.....................................................................................................1 ARTICLE 3 — Bidder's Representations..........................................................................................................1 ARTICLE 4 — Bidder's Certification.................................................................................................................2 ARTICLE5 — Basis of Bid................................................................................................................................3 ARTICLE 6 — Time of Completion...................................................................................................................3 ARTICLE 7—Attachments to this Bid.............................................................................................................4 ARTICLE8 — Defined Terms...........................................................................................................................4 ARTICLE 9 — Bid Submittal.............................................................................................................................4 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 If Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: City of Cape Girardeau — City Hall 44 N. Lorimier Street Cape Girardeau, Missouri 63701 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 12, 202 � 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 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 1 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 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. 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 4.01.D: 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; 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. 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: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the price(s) indicated below. In -Field Verification Excavation The contractor will pothole/excavate (mechanical or vacuum) service lines to determine the material present. This includes excavating both the utility and homeowner's side of the service line. The contractor will take photos of the exposed pipe on either side of the service line and make those photos available to the City of Cape Girardeau in digital format. For the purposes of this proposal, the contractor should assume 1,100 service lines will need to be excavated and verified in the field. The contractor is required to provide a unit price for excavating each service line (both the customer and the utility's portions). This price will include full restoration of the excavation site. Unit price for excavating both sides of the service line: $ 71-15 The City of Cape Girardeau reserves the right to request additional service line verifications at the unit price provided in the proposal. The City will not be obligated to pay the contractor for in -field verification work if the number of fines requiring in -field verification is less than the estimate listed above. Total cost for excavation: $ 7,221, (calculated as the unit cost for excavation $ %?S x 1,100 number of estimated service lines requiring excavation) Total cost of Proposal: $ t) 2— 2, Biller 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. 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: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 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.: . [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. Certification Regarding Debarment and Suspension; F. Certification of Nonsegregated Facilities; G. Affidavit of Work Authorization H. Domestic Products Procurement Act Certification; Certification Regarding Lobbying; J. Affidavit of OSHA Training K. Anti -Discrimination Against Israel Act Certification; and 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] G By: [Signature] / [Printed name] •�-'i �'.�'� w 4 - (if Bidder Is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: 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 4 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 Telephone Number: :5Z3 -MI -C-16 5 Fax Number: Contact Name and e-mail address: CArrie /vi - I i) 1 n Bidder's License No.: (where applicable) SOZ 61-1rd, COM 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 5 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 f r , t State of Missouri Robin Carnahan, Secretary of State Corporntions Division 110 nnx 778 / 000 NY. Main SL, Ran. 322 Jefferson City N-10 65102 Articles of Orgauization ' (S'rrbmit n•ldv,/)ling•jee ol'$10.5.(10) J • The riatne of(he li sited liabilit company Is n l=. r File Number: LC0988196 Date Filed: 08/1212009 Robin Carnahan Secretary of State (i14rr.?•1 hwhide "Lingled Llrrhilil Cina/.nrm;'. "l.inrirod Conrprngt"LC." "L.C." "L.1_.C.." or "LLC") 2. The purpose(s) for which the limited liability company is organized; iY1C�t C�! ► ` _s ^� • p In /l. _ • 1._ _-. �...•. 3, The nanie and address of the limited liability company's registered agent in Missouri is: a7bb ChrzrN Cree% ///7r0/ Name� Soret lUb-oss: A lar sol rsrr PO Box rnr/ess slive1 address also provider! C'Ifp/,Sir 4. The ntanagemeut of the limited liability company is vested in: Q ntnnagers jr mentbel,s (cheek one) 5• The events, if any, oil which the limited•liability company is to dissolve or the number of years the limited liability company is to continue, which may be any number or perpettt£tl: (7%re anaver• to d?Ls gaevitc a cnnld caase pon•/ble lax consequc:ncers, you shop 11-1.0 to consull with rove (Variier or oecountant) (i. TIve names) and street address(es) of each organizer (PO box mets only be uecel hr aeldlllon to a pht•xieal.vtreel rrclrh'esx): (Organizer(s) are not required to be member(s), nianager(s) or owner(s) rO 4N % a 1 7. The effective date of this document is the date it is tiled by the Secretary of State of Missouri unless a• fliture date is othervdse indicated: I�y(/Jule amt not he more than 90 dews glhw the• /In.g dale in this q fliee) In Affirmatiou thereof, the facts stated aboveare true and correct: (The undersigned understands that false statements made ill this tiling are subject to the penalties provided under Section 575,040, RSMo) All or zees must si r hgnnL-er ' n�uta e prlrrled Maine bare n 8 1Z -0? Oe'I zv are 1'rl led Ararhe Rule U gun!<zer Sftirnilure Prbrlud Ncarre Owe Name and address to return tiled document: It S-C1�.3�i' -Address: 2-3('f,�, /j fin,. City. State, and Zip Code: , �'1 �` sC�1 0-`x� t ftp tb 16 i iState of Missouri ININIINII�I��II�IWRI�IIII�INIIIIIYINIItlllllll Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 WHEREAS, State of Missouri Robin Carnahan Secretary of State CERTIFICATE OF ORGANIZATION All Clear Pumping and Sewer LLC LC0988195 filed its Articles of Organization with this office on the 12th day of August, 2009, and that filing was found to conform to the Missouri Limited Liability Company Act. NOW, THEREFORE, I, ROBIN CARNAHAN, Secretary of State of the State of Missouri, do by virtue of the authority vested in me by law, do certify and declare that on the 12th day of August, 2009, the above entity is a Limited Liability Company, organized in this state and entitled to any rights granted to Limited Liability Companies. IN TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson, this 12th day of August, 2009. Secretary of State Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 (Complete the following if you DO NOT have the E -Verify documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box B, do not complete Box C.) I certify that App Ctfor purwi;,, _aSejj eC (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo pertaining to section 285.530. CGrrlC- M-MiIIi'll c Authorized Business Entity Representative's u7horized Business Entity Name (Please Print) Representative's Signature An Cletir Pta pi'M e scog Tune 12. 20.2 Y Business Entity N m Date Ctirn ernes it darrn tLd m E -Mail Address As a business entity, the vendor must perform/provide each of the following. The vendor should check each to verify completion/submission of all of the following: Enroll and participate in the E -Verify federal work authorization program (Website: haps://www.e-verify.gov/; Phone: 888-464-4218; Email: e-verify@dhs.gov) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND Provide documentation affirming said company's/individual's enrollment and participation in the E -Verify federal work authorization program. Documentation shall include EITHER the E -Verify Employment Eligibility Verification page listing the vendor's name and company ID OR a page from the E -Verify Memorandum of Understanding (MOLT) listing the vendor's name and the MOU signature page completed and signed, at minimum, by the vendor and the Department of Homeland Security — Verification Division. If the signature page of the MOU lists the vendor's name and company ID, then no additional pages of the MOU must be submitted; f AND Imo- Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this Exhibit. Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 4311 c ec)r�;PUMPING 502 Shady Acres Rd, Centertown, MO 65023 Tel: 573-634-0165 All Clear Pumping & Sewer 502 Shady Acres Rd Centertown, MO 65023 573-634-0165 Principal Officers Shawn & Tracy Chilton Owners Office: 573-634-0165 Cell: 573-338-5985 All Clear Pumping & Sewer — Key Project Personnel John Boessen Project Manager Office: 573-634-0165 Cell: 573-298-2092 Carrie McMillin Director of Operations Office: 573-634-0165 Cell: 816-872-7202 List of Equipment • Hydro -vac truck • Kaufman Hot Jet Sewer Jetter • Ford E450 CCN Van • Kenworth Dump truck • Bobcat Mini Excavator Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 All Clear Pumping & Sewer was established in 2008 and employs 12 highly -qualified sewer, septic, and plumbing professionals. Our team includes state -licensed septic installers and inspectors, CDL drivers, CCN operators, and general laborers. All Clear Pumping & Sewer has a proven track -record of providing quality services to our residential, commercial, and municipal customers. All Clear Pumping & Sewer is very familiar with the DNR -funded Lead Service Line Inventory projects (LSLI.) Thus far All Clear has completed Russellville and is currently working in Eldon and Linn, with ten other LSLI projects scheduled. All Clear has also completed non -DNR -funded LSLI projects for Stockman Construction in Jefferson City. All Clear Pumping & Sewer has completed numerous jobs for municipalities including Moberly, Bunceton, Russellville, Union, and Perry to name a few. We work closely with municipal representatives to meet their specific needs in an efficient, cost-effective, and timely manner. We believe clear communication and teamwork are vital to ensuring a successful project. Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 -E-Verify., f �`�Li+'�` 1111111 VERIFY StIJ E�VEN154 SERVICE OF ONS 1N0554 Company ID Number: 2151895 Approved by: Employer All Clear Pumping & Sewer Name (Please Type or Print) Title Carrie E McMillin Signature Date Electronically Signed 05/17/2023 Department of Homeland Security - Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 05/17/2023 Page 13 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 U AF — fy, — w qwr Company ID Number: 2151895 ,��NIS'f0.P,t Information Required for the E -Verify Program Information relating to your Company: Company Name All Clear Pumping & Sewer Company Facility Address 502 Shady Acres Rd Centertown, MO 65023 Company Alternate Address County or Parish COLE Employer Identification Number 270766671 North American Industry Classification Systems Code 562 Parent Company Number of Employees 10 to 19 Number of Sites Verified for 1 site(s) Page 14 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 E -Verify, Company ID Number: 2151895 � ^Yh y It E•VERIFY ISA SERVICE OF OHS AND SSA Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: MO 1 Page 15 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 h-Verify, '.oy`F' 1111111 F akO std E -VERIFY ISA SERVICE OF OHS AND SSA Company ID Number: 2151895 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Carrie E McMillin Phone Number 5736340165 Fax Email carriemna allclearmo.com Name Sherry Hoback Phone Number 5736340165 Fax Email contact(o.allclearmo.com Page 16 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 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. � 1 10n2r Pu m,lJ r` i o d� (Name of Corporation By: aine o ffrcer of Corporation and Title) ✓` ATTEST: Secretary (or other off}"�er) ,,7'00411--,O %tX 9 OL",4 4'e- (SEAL i (SEAL OF CORPORATION) ti ZM f0 vie6eee Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 STATE OF `"-Qj),QWL. ) ss. COUNTY OF Of -)-U ) 4 -- On this c) day of , 20,-9q, before me appearedCI—a w-ic- to me personally known, who, being by me duly sworn, did say that he/she is the at ) kyAk- of AL( r bAi I1 i ULzi V&jaeh, a Missouri Corporation, and that the seal affixed to the foregoing instrument is t 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. Notary Public My Commission Expires: 0?) -G-7- ,-2Qa-1 F ERRY HOBACK Public, Notary Sealtate of Missouri oniteau County mission # 23763566 ssion Expires 08-07-2027 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 MISSOURI DEPARTMENT OF NATURAL RESOURCES k aDIVISION OF ENVIRONMENTAL QUALITY FINANCIAL ASSISTANCE CENTER Certification regarding Debarment and Suspension Applicant Name: Project Name: Project No.: IJINK-L1-41b] Il ttOUO/y SAM, gov UEI No.: The prospective participant certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any governmental (federal, state, or local) entity; b) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for: 1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; 2) Violation of federal or state antitrust statutes relating to the submission of offers; or 3) Commission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, malting false statements, or receiving stolen property; c) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental 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 certification, had one or more public transactions (federal, state, or local) terminated for cause or default. I understand that a false statement on this certification maybe grounds for rejection of this proposal or terrain tion of the award. I am able to certify to the above statements. ❑ I am unable to certify to the above statements and attached my explanation. Garde M `-p► ; 111'/1 Typed Name of Authorized Representative Signature of Authorized Representative Last Revised March 25, 2022 01reAy-r- 1)k oaerniooS Title of Authorized Representative TJ�loP 12— 2621-1 Date Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 AFFIDAVIT OF WORK AUTHORIZATION: The vendor who meets the section 285.525, RSMo, definition of a business entity must complete and return the following Affidavit of Work Authorization. Comes now (,Urn t' M It (4,') 1 �n (Name of Business Entity Authorized Representative) as D,'rec e,r o •► DOerc,A g I <-, (Position/Title) first being duly sworn on my oath, affirm Al2 Ctqv S .j,,� (Business Entity Name) is enrolled and will continue to participate in the E - Verify fedei alr work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that Mt c I e4,r- /ung Im e Scr-e,E(Business Entity Name) does not and will not knowingly employ a person who isna�umauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded. In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.) Authorized Representative's Signature Printed Name 0,'w&r 64 aperAM S ',Rine l2, 202 q Title I Date 600-61ernIaIIzIea con pa (6r 2151395 E -Mail Address E -Verify Company ID Number Subscribed and sworn to before me this 1 e of L�LL I am (DAY) U (MONTH, YEAR) commissioned as a notary public within the County of `ntpy(rl.,i L, , State of (NAME OF COUNTY) _ LOJO U'W-k k. , and my commission expires on Ot9j -07 - (NAME OF STATE) (DATE) C)(0 Signature of Notary L Date SHERRY HOBACK Notary Public, Notary Seal State of Missouri Moniteau County Commission # 23763566 My Commission EXDires 08-07-2027 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related sub -contracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms anti other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Signature��_�^�'_'-��- Date Yang 1Z, 20 2 V Name and Title of Signer ccs r 6 c M ` M d l � n , 0 i V?` cAcr n+ 6acfr' vo S (Print or Type) Firm Name NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 OMB Control No. 2030-0020 Approval expires 04/30/2021 DNR -LI -4B171 EE30579 ARPA Project Number CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c4r'riiro %_,IhR nits' o+ oarAanS Typed Name & Title of Authorized Representative G � T4ge- (22.7f2 -y Signature and Date of Authorized Repres ntative Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 Domestic Products Procurement Act — RSMo 34.350 — 34.359 Certification Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States. (34.353.1 RSMo) Project Name: Project Number: Contract Name: DNR -LI -4B171 EE30579 Please check one of the following and sign where indicated. /All of the manufactured goods used in the project are produced in the United States. ❑ A waiver is being requested from the to the domestic (owner) products provision due to the following exception: ❑ The specified products are not manufactured or produced in the United States in sufficient quantities or manufactured or produced in the United States within the necessary time frames in sufficient quantities. ❑ The cost for the specified products would increase the contract by more than 10 percent*; or ❑ Only one line of a product is manufactured or produced in the United States. Documentation of at least one of the cases above must be provided. List below the materials that cannot comply with the Domestic Product Procurement Act provisions. ❑ Additional sheets (attach if necessary) 61161 -,err eu morn n Q- Sevier Ttne�022 �I Name of Contracting Firm Signature Date Carrie MCM1,01'a Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 THE AMERICAN INSTITUTE OF ARCHITECTS IN AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS that we All Clear Pumping & Sewer, LLC, 502 Shady Acres Road, Centertown, MO 65023 as Principal, hereinafter called the Principal, and Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Minnesota, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Cape Girardeau, Missouri 144 N Lorimier Street I Cape Girardeau, MO 63701 as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid Dollars ($-------------------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, execl utors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Lead Service Line inventory in Cape Girardeau, MO NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof„ or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of June, 2024 All Clear Pumping & Sewer, LLC (Witness) (Principal) (Witness) (Title) Granite Re, Inc. ALSurety) (Seal) IMW:i2!6u�- - Nicollette Hartley, Attorney -in -Fact Alza DOCUMENT A310. BID BOND AIA sir. FEBRUARY 1970 FD THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N. V.. WASHINGTON. 0. C 20006 Docusign Envelope ID: 2AA58C4D-2629-4EF3-B28E-93A24DBDD9F9 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: TRAVIS BARKER; SHANE DAVOLT; MINDY RIPPY; BRIDGETT MCQUERREY: TREVOR J. BALDWIN; PEGGY MARRS; NICOLLETTE HARTLEY its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: TRAVIS BARKER; SHANE DAVOLT: MINDY RIPPY; BRIDGETT MCQUERREY; TREVOR J. BALDWIN; PEGGY MARRS; NICOLLETTE HARTLEY may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of Its President and Assistant Secretary, this 315, day ofJuly, 2023. - s`t':i us Kenneth D. Whittin on, President STATE OF OKLAHOMA ) SS. COUNTY OF OKLAHOMA ) Kyle P. McDonald, Assistant Secretary On this 3151 day of July, 2023, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the corporation described In and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. Y J, My Commission Expires: '0j'H,owo�n April 21, 2027 Commission #: 11003620;,, Notary Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this A41') day of 7UUW _ 20 . C Kyle P/McDonald, Assistant Secretary GR0800-1 Certificate Of Completion Envelope Id: 2AA58C4D26294EF3B28E93A24DBDD9F9 Subject: Complete with Docusign: NOA & AGR Lead Service Inventory.pdf Source Envelope: Document Pages: 33 Signatures: 5 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -08:00) Pacific Time (US & Canada) Record Tracking Status: Original 7/3/2024 6:56:29 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Casey Brunke cbrunke@cityofcape.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/3/2024 8:56:07 AM ID:8cf78bba-Oe80-4229-9fb1-fdbc4036dd46 Carrie Mcmillin CarrieM@allclearmo.com Director of Operations Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/9/2024 7:35:50 AM ID:3736f7be-9e87-4174-8c94-81dcO8c185aO Sherry Hoback contact@allclearmo.com Office Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/15/2024 9:29:14 AM ID:667272ca-80fb-4206-95bc-0783b93565c1 Dr. Kenneth Haskin khaskin@cityofcapegirardeau.org City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Holder: Karen James kjames@cityofcape.org Pool: StateLocal Pool: City of Cape Girardeau Signature ECDI-Sil"Id by: aSU1 bL 728A4E217F4C4B8... Signature Adoption: Pre -selected Style Using IP Address: 35.134.156.158 EDocuSigned by: tlulVt CC90F57D2C404AB... Signature Adoption: Pre -selected Style Using IP Address: 172.59.169.66 ED—Si,"ed by: DMMI D1 o2AB4EC... Signature Adoption: Pre -selected Style Using IP Address: 172.59.168.10 EoD­S!,"ed by: r. (wuU, OCE66CC826F54AD... Signature Adoption: Pre -selected Style Using IP Address: 35.134.156.158 Signed using mobile DocuSign Status: Completed Envelope Originator: Karen James 401 Independence Street Cape Girardeau, MO 63703 kjames@cityofcape.org IP Address: 35.134.156.158 Location: DocuSign Location: DocuSign Timestamp Sent: 7/3/2024 7:06:36 AM Viewed: 7/3/2024 8:56:07 AM Signed: 7/3/2024 8:56:18 AM Sent: 7/3/2024 8:56:20 AM Viewed: 7/9/2024 7:35:50 AM Signed: 7/9/2024 7:46:11 AM Sent: 7/9/2024 7:46:12 AM Resent: 7/15/2024 7:11:10 AM Viewed: 7/15/2024 9:29:14 AM Signed: 7/15/2024 9:31:35 AM Sent: 7/15/2024 9:31:36 AM Viewed: 7/15/2024 10:15:02 AM Signed: 7/15/2024 10:15:14 AM Signer Events Signature Timestamp Accepted: 7/15/2024 10:15:02 AM I D: 6895cbfc-5c45-41 af-8940-494080adc992 Bruce Taylor ED—SignedbySent: 7/15/2024 10:15:15 AM btaylor@cityofcape.org vwj - (hr Viewed: 7/15/2024 10:16:08 A M Deputy City Clerk C9425D384FC09 Signed: 7/15/2024 10:16:30 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 35.134.156.158 Electronic Record and Signature Disclosure: Accepted: 7/15/2024 10:16:08 AM ID:01104406-27e9-48bf-927c-5043f3f31d2a In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Amanda McKinney COPIED Sent: 7/15/2024 10:16:31 AM amckinney@CityofCapeGirardeau.org Viewed: 7/15/2024 10:18:00 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/23/2022 11:43:21 AM ID:e3303ea7-72b1-4cbc-8c5b-Of25cf9005fa Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/3/2024 7:06:36 AM Certified Delivered Security Checked 7/15/2024 10:16:08 AM Signing Complete Security Checked 7/15/2024 10:16:30 AM Completed Security Checked 7/15/2024 10:16:31 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 12/14/2020 12:20:10 PM Parties agreed to: Casey Brunke, Carrie Mcmillin, Sherry Hoback, Dr. Kenneth Haskin, Bruce Taylor, Amanda McKinney ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Cape Girardeau (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Cape Girardeau: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: akangas@cityofcapegirardeau.org To advise City of Cape Girardeau of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at akangas@cityofcapegirardeau.org and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Cape Girardeau To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to akangas@cityofcapegirardeau.org and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Cape Girardeau To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to akangas@cityofcapegirardeau.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsupport.docusi ng com/jzuides/si ig er- uigu de- signing -system -requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Cape Girardeau as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Cape Girardeau during the course of your relationship with City of Cape Girardeau.