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Res.3632.11-04-2024
BILL NO. 24-112 RESOLUTION NO. lV�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC. FOR THE CAPE ROCK WATER TREATMENT PLANT - HYDRAULIC BOTTLENECK IMPROVEMENTS 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 Nip Kelley Equipment Company, Inc. for Cape Rock Water Treatment Plant - Hydraulic Bottleneck Improvements, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes or amendments as shall be approved by the officers of the City executing the same. 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 DAY OF N(9 V , 2024 . 1� LO Stacy Kin r, ay r ATTEST: / ' Traci Weissmueller, Deputy City Clerk THE gN10 � Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E NOTICE OF AWARD Cape Rock Water Treatment Plant Hydraulic Bottleneck Improvements November 5, 2024 Nip Kelley Equipment Co., Inc. 41 N. Sprigg Street Cape Girardeau, MO 63701 You are hereby notified that your bid dated October 22, 2024 for the above contract has been considered. You are the apparent successful bidder, and have been awarded this project at the November 4, 2024 meeting by the City Council of the City of Cape Girardeau. This contract base bid is for the Addition of new piping, valves, supports and other appurtenances within the filter building piping gallery (lower level). Tie-in to existing filter influent line in the filter piping gallery (lower level). Addition of new piping, valves and other appurtenances for connection to the secondary sedimentation basins, Addition of four new dehumidification units and three new circulation fans within the filter building piping gallery (lower level). Alternative #1: Addition of 14 new flow meters, new butterfly valve and associated piping on the filter effluent piping to filters #7 to #20. Alternative #2: Addition of 14 new backwash valves and associated piping on the filter effluent piping to filters #7 to #20, obtaining all permits for construction of Work not obtained by Engineer or Owner; Removing all debris and excess materials from Project Site generated by construction Work; restoring areas disturbed by construction to original condition or as specified by Contract Documents. The amount of this contract is the base bid amount plus Alternates 1 and 2: One million six -four thousand three hundred twenty-six dollars and zero cents ------($1,064.326.00) 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 Page 1 of 1 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E (�;ITY Of CAP R ^ r AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THiS AGREEMENT is by and between The City of Cape Girardeau ("Owner") and Nip Kelley Equipment Company, Inc, ("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: A. Addition of new piping, valves, supports and other appurtenances within the filter building piping gallery (lower level). Tie-in to existing filter influent line in the filter piping gallery (lower level). B. Addition of new piping, valves and other appurtenances for connection to the secondary sedimentation basins. C. Addition of four new dehumidification units and three new circulation fans within the filter building piping gallery (lower level). D. Alternative #1: Addition of 14 new flow meters, new butterfly valve and associated piping on the filter effluent piping to filters #7 to #20. E. Alternative #2: Addition of 14 new backwash valves and associated piping on the filter effluent piping to filters #7 to #20. F. Obtaining all permits for construction of Work not obtained by Engineer or Owner. G. Removing all debris and excess materials from Project Site generated by construction Work. H. Restoring areas disturbed by construction to original condition or as specified by Contract Documents. ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents Is a part, is generally described as follows: Cape Rock Water Treatment Plant -- Hydraulic Bottleneck Improvements ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Donohue & Associates, Inc, who shall be known as the Owner's Consultant, but will serve no role as the Owner's representative for this Project unless otherwise specified herein. EJCDC® C-520, Agreement Between owner and Contractor for Construction Contract (Stipulated Price). Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 8 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E 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. UIA11 10i I:�.. ►1: 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 Tlmes: Days A. 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. 4.03 Uquldated Damages A. Contractor and Owner recognize that time is of the essence as stated In Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties Involved In proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work Is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,000 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 6wner $1,000 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 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. EJCDC® C-520, Agreement between owner and Contractor for Construction Contract (Stipulated Price). Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of a Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E Lump Sum item #1 — Influent Filter Piping, Valves, and Support Modifications Two Hundred Eighty -Five Thousand, Three Hundred -One and Zero Cents Dollars (words) $ 285,301.00 (figures) Lump Sum Item #2 -- New Dehumidification and Circulation Fans modifications Forty -Seven Thousand, Four Hujadred Seventy -Two and�Zero Cents Dollars (words) $47479.00 (figures) Lump Sum Item #3 — Electrical, Controls and Startup Services Three H uadrgd Thirte1hon F' e HundrQd F'ft -NinQ and ZerQ CentsDollars (words) $ x.5.59.00 (figures) Lump Sum Item #4 -- All other work not Included In lump Sum Items #1 to #3 Forty -One Thousand, Six Hundred Ninety Three and Zero Cents Dollars (words) $ 41 693.00 (figures) TOTAL LUMP SUM PRICE (Sum of Lump Sum Items #1 to #4) 688,025.00 Six Hundred Ei h -Ei&ht Thousand Twenty -Five and Zero Cents ($ 688,025.0 j (words) (figures) EICOC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright Q 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 8 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B1OOE Alternate 1: Addition of 14 new flow meters, butterfly valve and associated piping on the filter effluent ng to filters #7 to #20. Two Hundred Fiftv-Two Thousand Three Hundred Thirty -Six Dollars and ZeroCents (words) (figures) Alternate 2: Addition of 14 new backwash valves and associated piping on the filter effluent piping to filters #7 to 920. Cents (words) (figures) Cents (words) 1,064,326.00 (figures) Page 3 A - Add Alternates Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E 5.02 Owner accepts/rejects the following alternates as described In Section 01 23 00 and indicated on the Bid Form: A. Accept Alternate 1: Addition of 14 new flow meters, butterfly valve and associated piping on the filter effluent piping to filters #7 to #20. B. Accept Alternate 2: Addition of 14 new backwash valves and associated piping on the filter effluent piping to filters #7 to #20. 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 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 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). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 93 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, EJCDC® C•520, Agreement Between owner and Contractor for Construction Contract (Stipulated Price). Copyright Q 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 8 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E ARTICLE R -- 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 (S) Contractor's safety precautions and programs. F. Based on the Information and observations referred to In the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and In accordance with the other terms and conditions of the Contract. C. 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. 1. The Contract Documents are generally sufficient to Indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an Incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 -- CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: EJCDCe C-520, Agreement Between owner and Contractor for Construction Contract (Stipulated Price). Copyright 0 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 5 of 8 Docusign Envelope ID: 44476B65-E061-4D27-8892-OB3A188B100E 1. This Agreement (pages 1 to 8, Inclusive). 2. Performance bond. 3. Payment bond. 4. General Conditions and Supplementary Conditions (pages 1 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 3333 sheets with each sheet bearing the following general title: Cape Rock Water Treatment Plant — Hydraulic Bottleneck Improvements. 7. Addenda (numbers 1 to 1 , inclusive). S. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages __-, to -__--, 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). 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 1.0.01. Terms A. Terms used in this Agreement will have the meanings stated In the General Conditions and the Supplementary Conditions. 1.0.02 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. EJCDC® C-520, Agreement Between owner and Contractor for Construction Contract (Stipulated Price). Copyright O 2015 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 8 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E 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 Severablilty 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. Ridder 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. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDCO C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committeeo, 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. EJCDCO C-520, Agreement Between owner and Contractor for Construction Contract (Stipulated Price). Copyright 0 2013 National society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 8 Docusign Envelope ID: 44476B65-E061-4D27-8892-0B3A188B100E IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on 11/6/2024 OWNER: City of Cape Girardeau oDocu Signed by: r. 6," (�aS I'vu -1 By: Kenneth Haskin Title: City Manager Docu Signed by: Attest. LC-�& A eae�5J5ePAFf 18, .. Gayle Conrad Title: City Clerk Address forgiving notices: (which is the Effective Date of the Contract). CONTRACTOR: Nip Kelley Equipment Co., Inc.. FSigned by: in.Gt� EE6618973DDF49 By: Vince Kelley Title: President (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Signed by: Attest: L. Rk-Larry Hale Title: Secretary Address forgiving notices: Development Services Department, City Hall Nip Kelley Equipment Company, Inc. 44 N. Lorimier Street 41 N. Sprigg Street Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 License No.: (where applicable) EJCDC11 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 8 of 8 Docusign Envelope ID: 44476B65-E061-4D27-8892-OB3A188B100E EXHIBIT A CITYOf CAPE ""` A R MI►; E.A BID FORM PROJECT IDENTIFICATION: The project consists of the following improvements at the Cape Rock Water Treatment Plant: 1. Addition of new piping, valves, supports and other appurtenances within the filter building piping gallery (lower level). Tie-in to existing filter influent line in the filter piping gallery (lower level). 2. Addition of new piping, valves and other appurtenances for connection to the secondary' sedimentation basins. 3. Addition of four new dehumidification units and three new circulation fans within the filter building piping gallery (lower level). 4. Alternative #1: Addition of 14 new flow meters, new butterfly valve and associated piping on the filter effluent piping to filters.#7 to #20. 5. Alternative #2: Addition of 14 new backwash valves and associated piping on the filter effluent piping to filters #7 to #20. 6. Obtaining all permits for construction of Work not obtained by Engineer or Owner. 7: Removing all debris and excess materials from Project Site generated by construction Work. 8. Restoring areas disturbed by construction to original condition or as specified by Contract Documents. CONTRACT IDENTIFICATION: Project Name: Cape Rock Water Treatment Plant — Hydraulic Bottleneck Improvements City Project Number: 6265 Issue Date: September 24, 2024 r' EJCDC® C-410, Old Porm for Construction Contracts. Copyright @ 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page I Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E TABLE OF CONTENTS Page ARTICLE1— Bid Recipient.............................................................................................................................1 ARTICLE2 — Bidder's Acknowledgements.....................................................................................................1 ARTICLE3 -- Bidder's Representations..........................................................................................................1 ARTICLE4— Bidder's Certification...............................................................................:.................................2 ARTICLE5 —Basis of Bid................................................................................................................................ 3 ARTICLE6—Time of Completion...................................................................................................................4 ARTICLE7—Attachments to this Bid................................:............................................................................4 ARTICLE8 _ Defined Terms........................................................................................................................... 5 ARTICLE9 — Bid Submittal.............................................................................................................................. 6 EJCDCa 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 11 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: City Engineer's Office, 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 No. 1 October 15, 2024 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 EJCDCO C-410, Bid Form for Construction Contracts. Copyright O 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: 44476B65-EO61-4D27-8892-OB3A188B100E 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 e 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: 44476B65-EO61-4D27-8892-OB3A188B100E C. If applicable, Contractor's License No.: 231 [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. 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: 44476B65-E061-4D27-8892-OB3A188B100E ARTICLE 9 — BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] Nip Kelley Equipment Co., By: [Signature] O¢Qrraed'ri�rme Vince Kelley .l 1.. et iJ,a.Ee`rp`gration, a limited ."e 'a! e �e+?o aLit ardty to sign.) `.Atest' {; 4JelleZy IMPt ttRi ej Title: Secretary Submittal Date: October 22. 2024 Address forgiving notices: 41 N. Sprigg Street Cape Girardeau Missouri 63701 Telephone Number: Fax Number: 573-334-0553 Contact Name and e-mail address: Vince Kelle Bidder's License No.: 18800 a partnership, or a joint venture, attach vkelley@nipkelleyco.com (where applicable) 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 6 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E PHONES OFFICE 573-334-0553 FAX 573-334-2025 October 22, 2024 7 )� ,�A L/� � `�� !l L/ ! G1 CLL/-WzEnt t_._ on? / C2j2CI , /t2G'. Cape Rock Treatment Plant Hydraulic Bottleneck Improvements Subcontractors List KT Power Systems Langford Mechanical Midwest Mechanical Insulation P. O. Box 33 41 N. Sprigg Street CAPE GIRARDEAU, MO Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E John R. Ashcroft Secretary of State 2022-2023 BIENNIAL REGISTRATION REPORT BUSINESS IHI I ELECT TO FILE A BIENNIAL REGISTRATION REPORT SECTION 1, 3 & 4 ARE REQUIRED 00166668 Date Filed: 1/19/2023 j John R. Ashcroft j Missouri Secretary of State RE,Q111RED IPQPOR,MATION MITST 13E COMPLETE OR THE REGISTRATION I2EPOI2T VWLL BE RE.IEC TD RETURN COMPI.ETED REGISTRATIO I REPORT ALgD PAYMENT TO: Secretary of State, P.O,13ox 778, Jefferson City, MO 65102 REPORT DUE BY: 1/3112023 RENEWAL MONTH: OCTOBER ❑ 1 OPT TO CHANGE THE CORPORATION'S 00166568 RENEWAL MONTH TO FOR A $25.00 FEE NIP KELLEY EQUIPMENT COMPANY, INC. PRINCIPAL PLACE OF BUSINESS OR CORPORATE HEADQUARTERS: k VINCE KELEY 41 NORTH SPRIGG STREET CAPE GIRARDEAU MO 63701 41 N Sprigg St (Required) i STREET Cape Girardeau MO 63701-5525 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. B The new registered office address 41 N Sprigg St Cape Girardeau MO 63701-5525 Must be a Missouri address, PO Box alone Is not acceptable. This section is not applicable for Banks, Trusts and Foreign Insurance. OFFICERS BOARD OF DIRECTORS >k NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). MUST LIST PRESIDENT AND SECRETARY BELOW A MUST LIST AT LEAST ONE DIRECTOR BELOW PRESIDENT Kelley, Vince L. NAME Kelley, Vince L STREET 41 N SpriggSt STREET 41 N. Sprigg St. CITY/STATE/ZIP Cape Girardeau MO 63701-5525 CITY/STATE/ZIP Cape Girardeau MO 63701 SECRETARY Kelley, Jan C NAME STREET 41 N. Sprigg St. STREET 3 CITY/STATE/ZIP Cape Girardeau MO 63701 CITY/STATE/ZIP NAME STREET STREET CITY/STATE/ZIP CITY/STATE/ZIP NAME STREET STREET CITY/STATE/ZIP 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 Authorized party or officer sign here Jan Kelley Y (Required) Please print name and title of signer: Jan Kelley / Secretary NAME TITLE REGISTRATION REPORT FEE 1S: WHEN THIS FORM IS ACCEPTED BY THE SECRETARY OF STATE, BY LAW _$40.00 if filed on or before 1/31/2023 IT WILL BECOME A PUBLIC DOCUMENT AND ALL INFORMATION If filed on or before 2/28/2023 _$55.00 _$70.00 If filed on or before 3/31/2023 PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE ,$85.00 If filed on or before 4/30/2023 ADD AN ADDITIONAL $25.00 FEE IF CHANGING THE RENEWAL MONTH. E-MAIL ADDRESS (OPTIONALI: RE,Q111RED IPQPOR,MATION MITST 13E COMPLETE OR THE REGISTRATION I2EPOI2T VWLL BE RE.IEC TD RETURN COMPI.ETED REGISTRATIO I REPORT ALgD PAYMENT TO: Secretary of State, P.O,13ox 778, Jefferson City, MO 65102 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E CONTRACTOR'S QUALIFICATIONS Nip Kelley Equipment Co., Inc. Name of firm and address with zip code 41 N. Sprigg St., Cape Girardeau, MO 63701 10-22-2024 573-334-0553 Date Area Code & Telephone CONSTRUCTION CAPABILITIES: [ X]Corporation [ ] Partnership [ ]Individual [X]General [ ] Electrical []Plumbing [ ]Heating, Air Conditioning, and Ventilation [ ] Other FOR CORPORATION ONLY Federal I.D. Number 43-1086200 January 1974 Missouri Date of Incorporation Name of State(s) in which incorporated If not incorporated in Missouri give Certificate of Authority to do business in Missouri. Certificate No. Date Vince Kelley President's Name Jan Kelley Secretary's Name Vice President's Name Treasurer's Name FOR PARTNERSHIP ONLY Is the partnership: General Limited Association Date of Organization: ►11 3 Names and addresses with zip codes of all partners Use additional sheet if necessary GENERAL INFORMATION 70% Percent (%) of work done by own self Federal I.D. Number Or Social Security Number 1 25 No. of Permanent employees Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E Southeast Missouri Geographical limits of operation If you have done business under different name, please give name and location Has firm ever failed to complete project or defaulted on a contract? If so, why? NO Has firm ever been engaged in litigation over any contract? If so, explain. NO LIST OF COMPLETED PROJECTS WITHIN PAST FOUR YEARS, INCLUDING COST OF EACH, AND NAME AND ADDRESS OF OWNER CONTACT: Concrete Street Repair 2019 Cyber Range Renovations General Construction 2019-2020 Concrete Street Repair 2019 Gordonville Booster Pump Water System Facility Plan Concrete Street Repair 2020 Abe Stuber Track Drainage Mitigation Good Hope St. Stormwater Improvements CIST-Concrete Street Repairs 20-21 Road Improvements & Utility Install College Street Improvements Houck Field House Court Floor GS4 Haz Mat Shed Installation Penny Ave./Capaha Park Drainage CIST Street Repair 22-23 Restroom Replacement $1,779,373.00 -City of Cape Girardeau, MO $371'539 1.00 — Southeast MO State Univ. $300,000.00 — Southeast MO State Univ. $868,785.10 — City of Cape Girardeau, MO $523,610.00 — City of Cape Girardeau, MO $1,043,927.40 — City of Jackson, MO $942,138.25 — Cape Girardeau, MO $168,215.00 -Southeast MO State Univ. $1,438,652. — City of Cape Girardeau, MO $1,037,921. — City of Cape Girardeau, MO $ 409,983 — SEMO Port Authority $ 607,847 — City of Cape Girardeau, MO $ 407,652.- Southeast MO State Univ. $ 203,610.- Southeast MO State Univ. $ 774,136.- City of Cape Girardeau, MO $1,075,343. -City of Cape Girardeau, MO $ 332.477 — City of Jacicso, MO LIST OF PROJECTS CURRENTLY UNDER CONSTRUCTION, INCLUDING COST OF EACH AND NAME AND ADDRESS OF OWNER Lexington Avenue $3,569,400. City of Cape Girardeau, MO Gibson Business Center $ 698,400. Gibson Center for Behavior Change Cape Girardeau, MO 2024-25-CIST Street Repair $ 841,610 City of Cape Girardeau, MO Date: 10-22-2024 2 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name) Vince Kelley as (Office Held) President of (Company Name/Contractor) Nip Kelley Equipment Co., Inc. and first being duly sworn, on my oath, affirm as follows: 1. (Company Name/Contractor) Nip Kelley Equipment Co., Inc. 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 Name) Cape Rock WTP Hydraulic Bottleneck Improvements for the duration of the contract in accordance with RSMo Chapter 285.530(2). 2. I also affirm that (Company Name/Contractor) Nip Kelley Equipment Co., Inc. does not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Project Name) Cape Rock WTP Hydraulic Bottleneck Improvements 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.) Nip Kelley Equipment fib., Inc. (Name of Corporation) 012 (Name of Officer of ATTEST: , e is , 14&- , z4� �S f (ox other officer) ' '; e:llby."Secretary F F-ORPORAUON) rr t , President Title) Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E Missouri STATE OF ss. COUNTY OF Cape Girardeau On this 22nd day of October 2024 , before me appeared Vince Kelley to me personally known, who, being by me duly sworn, did say that he/she is the president of Nip Kelley Equipment Co., Inc. y a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary blic My Commission Expires: January 10, 2025 LARRY J. HALE Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County My Commission Expires: January 10, 2025 Commission #21838554 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E EXHIBIT AFFIDAVIT OF OSHA TRAINING COMES NOW (Name) Vince Kelley as (Office Held) President of (Company Name/Contractor} Nip Kelley Equipment Co., Inc. and first being duly sworn, on my oath, affirm in connection with the contracted services related to Cape Rock WTP Hydraulic Bottleneck Improvements (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: 44476B65-EO61-4D27-8892-OB3A188B100E 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.) Nip Kelley Equi ment Co., Inc. (name of corpo do By: (na of o er f c rporation and title) ATTEST: : 'Sygnot �,�dAZQother an; , ,eEy; retary (�SE -'q c R1ORATION) STATE ORMISSOURI ) -` 11 '` )ss. COUNTY OF CAPE GIRARDEAU ) , President On this 22nd day of October , 2024 before me appeared Vince Kelley to meppersonally known, who, being by me duly sworn, did say that he/she is the President of NipKelley Equipment Co., Inc. � a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and ypar first above written. My Commission Expires: January 10, 2025 N OSHA. - 2 LARRY J.11ALE Notary Public . Notay Seal STATE OF MISSOURI Cape Girardeau County My Commission Expires: January 10, 2025 Commission #21838654 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E 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. Nip Kelley Egyipment Co., Inc. (Name of CorJoratioyr) By: , President (Name rf Office o Corporation and Title) II WA -S6c Ory (,qr- otlier%fficer) Ile'y, •;secretary (SEXil dF CORPORATION) Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E STATE OF Missouri COUNTY OF Cape Girardeau 5S. On this 22ndday of October, 2024, before me appeared Vince Kelley to me personally known, who, being by me duly sworn, did say that he/she is the President of Nip Kelley Equipment Co., Inc. , a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office, the day and year first above written. Notary ublic My Commission Expires: January 10, 2025 LARRY J. HALE Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County My Commission Expires: January 10, 2025 Commission #21838654 Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E CITYOfCAPE 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 under 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. Vince Kelley, PreAident Typed Name & T/tle of Authorized Representative Signature o o it zgXR/presentative October 22, 2024 Date ❑ I am unable to certify to the above statement. My explanation is attached. Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E Y October 22, 2024 c c Pr Trea. Tent Plant Hydraulic Bottlenick rouements Pro ect #6.6 W �'' EjF. ;#�1 SrC . :�Y ! Ai �_ 9 ► v.:', D't! } f+. i �� i.Y� 3 -. :$ - "# ' : 3'' 3 5 �, i, v { ..�'� . "-.z<°+ d.s�s wt .f,.i+ " - " "«„'-"��: �=•sru ,r*�'a�Rt r*'r�rP�n A x EM Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E Owurmpft OWItOfItidd em .mss two,w orth td, dttii F t its t tttt a � t Ridd#txDwft b dtd r ated APMVRAuiw4 tty f: Wtd f.Mwmwo Pufba"Act"d maw 3.k Ow"tr MotsOw" lliddW4 hiA,mj smar doum iasis' 04mmots tw cath �:.' 12 All billy art tcjt M -d. hy O w or 3.3 € WW -NU fW0 a ti 01-61*4 10 %ddCrWjjj& i'"AYMrtttxst thO&OOMMU dry ttt ste�it tit iit 3tc� tS#�y:Od W+#t t*iittl. ttf 04�ttr4ti%ti; rZ #rtra 131 be rn fir rts�it+.st,aattt4i tw ineitttkit +t sof aaa. tt«i tttitd%rstudi ti sett trolzt tis spit ex"fid t 4 days ftm UUN4t is a r CAL .sit ssit :rttusi uaft. this Dondpiforto alrutarys:iE t1rti treErd Wph 4 7, Any Ow sbAlt bb t4um"'Wdy Ila tzar t t: tidtt� :rtt tip i tbLY Unit6d 4ftft&tad ctr 06 Savoy 44114"f4wim dI*C4V* POWT CtA damV W66twig,tits *Uftf fly ofth Mus, 10: IVa Ruth is WmkdwwAAfmlball WkAblenamay MOMAM it' iluu[dO WA 4401'x: 1040t, , MVW UOUMMM flow Ormt 11. Tho um 'bid" as.tt thin itt ttdd4 a bid, Othror VWPOS31 U.Awucolt. Docusign Envelope ID: 44476B65-EO61-4D27-8892-OB3A188B100E E ANT BONDING COMPANY. Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Donald L Wasoba their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2,015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof. the Companies have caused this instrument to be signed and sealed this 29th day of July 2024 a,sltllar" 1QN """ �{ �O �,.* 0..��.... MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. «. .. Z., 0t & d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY -a-14 •* t 1933 v'. 2003 ;14) By °« �3• N .. °:,•.. y�`:$ President �..•:e�.°'° STATE OF IOWA COUNTY OF DALLAS ss. On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed,and sealed in behalf of the Companies by authority of their respective Boards of Directors. 3� d Q�tAts Penni Miller 4 a G Commission Number 787952 • My Commission Expires lowp+ January 20, 2027 �� Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said .Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this '100//R��ltt"i11"q b / "" b,�!t� ' 9� ��66t 'i 14 "nk "�as1°° 4eb yf'i .Fy '" '.` �eP . :mss 00 2003 1' iy. ............ • �y�♦ yam; :y w ...... ."'A��,. """'%bbLs YbL POA 0018 (6/24) ({lilffl�t 22nd day tS�e�+y�a� 2024 n;,0 / DocuSign Certificate Of Completion Envelope Id: 44476B65E0614D2788920B3A18813100E Status: Completed Subject: Complete with Docusign: AGR for Hydraulic Bottleneck pdf Source Envelope: Document Pages: 30 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Karen James AutoNav: Enabled 401 Independence Street Envelopeld Stamping: Enabled Cape Girardeau, MO 63703 Time Zone: (UTC -08:00) Pacific Time (US & Canada) kjames@cityofcape.org IP Address: 35.134.156.158 Record Tracking Status: Original Holder: Karen James Location: DocuSign 11/5/2024 12:43:13 PM kjames@cityofcape.org Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Cape Girardeau Location: DocuSign Signer Events Signature Timestamp Vince Kelley Signed by: Sent: 11/5/2024 12:59:02 PM vkelley@nipkelleyco.com Euv'(L 6&Viewed: 11/6/2024 7:00:01 AM President EE5618973DDF491... Signed: 11/6/2024 7:07:22 AM Nip Kelley Equipment Company Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (None) Using IP Address: 24.182.145.242 Electronic Record and Signature Disclosure: Accepted: 11/6/2024 7:00:01 AM ID:4742ae78-551b-47bb-b656-45452da64e1c Larry Hale EABBE30B40315467 Sig"ed by: Sent: 11/6/2024 7:07:23 AM Ihale@nipkelleyco.com 'Vl�a�t Viewed: 11/6/2024 1:29:58 PM Secretary Signed: 11/6/2024 1:32:15 PM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 24.182.145.242 Electronic Record and Signature Disclosure: Accepted: 11/6/2024 1:29:58 PM ID:f1e42606-3b79-4b00-9820-5b8dfb5f3bf3 Dr. Kenneth Haskin by: Sent: 11/6/2024 1:32:16 PMn.L}�t, khaskin@cityofcapegirardeau.org ED,CuSi,"ed r. 6,1, (�"asuAU Viewed: 11/6/2024 1:53:02 PM Y Manager Cit Mana OCE66CC826F54AD_ Signed: 11/6/2024 1:53:09 PM 9 Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 97.88.184.146 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 11/6/2024 1:53:02 PM ID:b8425a4c-8ca8-40a7-969b-0461722f3e37 Gayle Conrad by: Sent: 11/6/2024 1:53:11 PM gconrad@cityofcape.org A ��`44 Viewed: 11/7/2024 6:24:15 AM Y 9 Cit Clerk ED—Signed CD6FD95C2AF748A Signed: 11/7/2024 6:25:36 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 35.134.156.158 Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 7/6/2021 11:44:55 AM ID:36742e18-0193-408e-bc21-2af9f5f4ecc4 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 Sent: 11/7/2024 6:25:38 AM amckinney@CityofCapeGirardeau.org COPIED 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 Tim Richmond Sent: 11/7/2024 6:25:38 AM trichmond@cityofcapegirardeau.org COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/22/2022 8:12:28 AM ID:7614513e-1a73-4e23-a61a-b95244517e16 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/5/2024 12:59:02 PM Certified Delivered Security Checked 11/7/2024 6:24:15 AM Signing Complete Security Checked 11/7/2024 6:25:36 AM Completed Security Checked 11/7/2024 6:25:38 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: Vince Kelley, Larry Hale, Dr. Kenneth Haskin, Gayle Conrad, Amanda McKinney, Tim Richmond 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. 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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. 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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.