Loading...
HomeMy WebLinkAboutSAK ConstructionSAK iM Pipeline Infrastructure. Solved.' BID ENCLOSED FY 2019 CIP Pipelining Phase IIIC City Contract No. 962 Deliver Bid to: City of Waterloo City Clerk, City Hall 715 Mulberry Street Waterloo, IA 50703 February 7, 2019 at 1:00 PM 636.385.1000 tel 636385.1100 fax 864 Hoff Road O'Fallon, MO 63366 www.sakcon.com 11111111111116. II C,` SAK TM Pipeline Infrastructure. Solved.'' FY 2019 CIP Pipelining Phase IIIC City Contract No. 962 BID SECURITY 636.385.1000 tel 636.385.1100 fax 864 Hoff Road O'Fallon. MO 63366 www.sakcon.com '1\ r1/4) 30 ()tin:, tato( e.99 ORIGIN ID:ALNA (636) 385-1031 TOM QUALLS SAK CONSTRUCTION 864 HOFF RD. OFALLON, MO 63366 UNITED STATES US SHIP DATE: 06FEB19 ACTWGT: 1.00 LB CAD: 10779633411NET4100 BILL SENDER TO CITY OF WATERLOO CITY CLERK, CITY HALL 715 MULBERRY STREET WATERLOO IA 50703 (319) 291-4323 REF SEALED BID ENCLOSED NV. DEPT: PO: 111 1111111111111111111 111 11111111111111111111 I I III 111 l i 1111111111 18111111 565J210E3D123AD Express E REL# 3785346 auntw+OTomv TRK# 0201 7744 0171 9863 THU - 07 FEB 10:30A PRIORITY OVERNIGHT XX ALGA 1 1 II IA -US i 50703 CID i � �z� ENc.LnEh* FORM OF BID OR PROPOSAL FY 2019 CIP PIPELINING PHASE IIIC CONTRACT NO. 962 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: Limited Liability Company 1. The undersigned, being a Corporation existing under the laws of the State of Missouri a Partnership consisting of the following partners: SAK Construction, LLC having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by AECOM now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this FY 2019 CIP PIPELINING PHASE IIIC, CITY CONTRACT NO. 962, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: FY 2019 CIP PIPELINING PHASE IIIC CITY OF WATERLOO, IOWA CITY CONTRACT NO. 962 Item Description Unit Estimated Quantities Unit Price Total Amount 1 8" Diameter CIP Pipe Lining LF 9,850.00 $ `70 .0 0 $ len, 000.00 2 10" Diameter CIP Pipe Lining LF 698.00 $ 24 , OO $11,,75-2•00 3 12" Diameter CIP Pipe Lining LF 846.00 $ 2_7, 00 $ 2,2.,942 • Qb 4 15" Diameter CIP Pipe Lining LF 301.00 $ 60, DO $ ii. OW). 00 5 Pipe Televising - 8" LF 19,700.00 $ 0 . 9 C $ If ii 5, 00 6 Pipe Televising - 10" LF 1,396.00 $ Q ,-9s $ 1, 326, ZO 7 Pipe Televising - 12" LF 1,692.00 $ 0 , q s $ 1, b 67. Lib 8 Pipe Televising - 15" LF 602.00 $0.95 $ 57 • 10 9 Pipe Cleaning - 8" LF 9,850.00 $ 3.25 $ 32.,O! 2- • CO 10 Pipe Cleaning - 10" LF 698.00 $ 3. 25 $ 2.12fog. 5'b 11 Pipe Cleaning - 12" LF 846.00 $ 3.4,0 $ 3,04 j S, `O FORM OF BID AECOM 60543369 CONTRACT NO. 962 Page BF -1 OF 3 FY 2019 CIP Pipelining Ph IIIC Item Description Unit Estimated Quantities Unit Price Total Amount 12 Pipe Cleaning - 15" LF 301.00 $ %j , b o $ (A; . Lt. 13 Type C Root Removal - 8"-10" LF 790.00 $ 1. go $ 1, lob, 00 14 Type C Root Removal - 12"-15" LF 98.00 $ 1 , sa $ 191, 0 0 15 Lateral Reinstatement EA 282.00 $ So , 0 p $ H1100.00 16 3 -FT Lateral Grouting EA 282.00 $ goo. 00 $ 1 Zr goo . 00 TOTAL BID &H'f3,'i31.70 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Five Percent of Proposal Price Dollars ($ 5% of PP in the form of Bid Bond is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is the Bidder Status Form indicating Resident Bidder Certification ( ) or Non -Resident Bidder Certification ( X ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBENVBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). FORM OF BID CONTRACT NO. 962 Page BF -2 OF 3 AECOM 60543369 FY 2019 CIP Pipelining Ph IIIC The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. SAK Construction,1CLC (Name of Bidder) BY: v Official Address: (Including ZOCode): February 6, 2019 864 Hoff Road (Date) Title Boyd Hirtz, Vice President O'Fallon, MO 63366 I.R.S. No. 20-4193988 FORM OF BID CONTRACT NO. 962 Page BF -3 OF 3 AECOM 60543369 FY 2019 CIP Pipelining Ph IIIC INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: SAK Construction, LLC ADDRESS: 864 Hoff Road, O'Fallon, MO 63366 (Check One) PRIME X FEDERAL ID#: 20-4193988 SUBCONTRACTOR PROJECT NAME: FY 2019 CIP PIPELINING PHASE IIIC PROJECT CONTRACT NO.: 962 DESCRIPTION OF WORK: ❑ Brickwork ❑ Carpentry ❑ Concrete ❑ Drywall -Plaster -Insulation ❑ Electrical ❑ Excavation/Grading ❑ Flooring ❑ Heavy Construction ❑ Heating -Ventilating -Air Cond ❑ Landscaping ❑ Painting ❑ Paving ❑ Plumbing ❑ Roofing -Siding -Sheet Metal ❑ Windows ❑ Wrecking -Demolition X Other (Please specify) Cured In Place Pipe Lining SALES TAX EXEMPTION CONTRACT NO. 962 Page STE-1 OF 1 AECOM 60543369 FY 2019 CIP Pipelining Ph IIIC NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Missouri County of St. Charles )ss Boyd Hirtz being first duly sworn, deposes and says that: Vice 1. He is President(Owner, Partner, Officer, Representative, or Agent) of SAK Construction, LLC the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and - raper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on h .: of he Bidder or any of its agents, representatives, owners, employees, orp• ies in intey- t, inc dir g this affiant. Subscribed and sworn to before me this 6th day of My commission expires March 30, 2019 February 2019 Q4, ph I Theresa H. Messer, Notary Public Title NOTARY'; N,'. SEAL,.Cn: vZ pF THERESA H. MESSER My Conmiiiulon Expires March 30, 2019 SI. Claes County Conmilsson#15334377 NON -COLLUSION AFFIDAVITS CONTRACT NO. 962 Page NCA -1 OF 2 AECOM 60543369 FY 2019 CIP Pipelining Ph IIIC State of Iowa County of Polk NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR ) ss: Jill Lomp , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer,Cepresentativelor Agent) Hydro-Klean LLC as the "Subcontractor;" , of hereinafter referred to 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to contract pertaining to the FY2019 CIP Pipelining Phase IIIC project in Waterloo, IA (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Contracts Coordinator Title Subscribed and sworn to before me this 6 day of February My commission expires , 201 9 31,lozo . Title ito APRIL VAN KO0iEN Nunn E 4ros s0A January 31, 020 NON -COLLUSION AFFIDAVITS CONTRACT NO. 962 Page NCA -2 OF 2 AECOM 60543389 FY 2019 CIP Pipelining Ph IIIC Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( X ) General Contractor ( ) Subcontractor Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company SAK Construction, LLC Address of Company 864 Hoff Road, O'Fallon, MO Telephone Number ( 636 ) 385-1000 Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) Zip 63366 20-4193988 Name of Equal Employment Officer Angie Hirtz Name of Project FY 2019 CIP Pipelining Phase IIIC Project Contract Number 962 Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor SAK Construction, LLC Name of Subcontractor Hydro-Klean Subcontractor's Address 333 NW 49th Place, Des Moines, IA Zip 50313 Subcontractor's Telephone Number ( 855) 845-5326 Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer Jill Lomp C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin Jerome P. Shaw, Jr.; 864 Hoff Road, O'Fallon, MO 63366; President; Male; White Boyd Hirtz; 864 Hoff Road, O'Fallon, MO 63366; Vice President; Male; White Roger Archibald; 864 Hoff Road, O'Fallon, MO 63366; Secretary and Treasurer; Male; White Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( X ) General Contractor ( ) Subcontractor Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company SAK Construction, LLC Address of Company 864 Hoff Road, O'Fallon, MO Zip 63366 Telephone Number ( 636 ) 385-1000 Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) 20-4193988 Name of Equal Employment Officer Angie Hirtz Name of Project FY 2019 CIP Pipelining Phase IIIC Project Contract Number 962 Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor SAK Construction, LLC Name of Subcontractor AccuJet LLC Subcontractor's Address 12155 J Ave, Perry, IA Zip 50220 Subcontractor's Telephone Number ( 515) 360-8582 Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer Kyle Baxter C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin Jerome P. Shaw, Jr.; 864 Hoff Road, O'Fallon, MO 63366; President; Male; White Boyd Hirtz; 864 Hoff Road, O'Fallon, MO 63366; Vice President; Male; White Roger Archibald; 864 Hoff Road, O'Fallon, MO 63366; Secretary and Treasurer; Male; White EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, EQUAL OPPORTUNITY CLAUSE CONTRACT NO, 692 Page EOC-1 OF 2 AECOM 60543369 FY 2019 CIP Pipelining Ph IIIC subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, natio aL\origin, economic status, age, mental or physical disabilities. (Signed) Appr.priate Offi• =1) Boyd Hirtz, Vice Pr sident (Title) February 6, 2019 (Date) EQUAL OPPORTUNITY CLAUSE CONTRACT NO, 692 Page EOC-2 OF 2 AECOM 60543369 FY 2019 CIP Pipelining Ph IIIC TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. TITLE VI RIGHTS CONTRACT NO. 692 Page TVI -1 of 1 AECOM 60543369 FY 2019 CIP Pipelining Ph IIIC Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ® Yes 0 No ❑ Yes ®No ❑ Yes IN No ❑ Yes ❑XNo ❑ Yes ®No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: Dates: Dates: / / to / / Address: City, State, Zip: / / to / / Address: City, State, Zip: / / to / / Address: City, State, Zip: You may attach additional sheet(s) if needed. To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: Missouri 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? 0 Yes ®No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: SAK, onstruc Signature: / Boyd Hirtz, Vice President Date: February 6, 2019 ltYou must submit the com.leted fo to the governmental body requesting bids per 675 Iowa Administrative Code Chapter 156. Thi form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) BSF- 1 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation N/A Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. SAK Construction, LLC will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. III. AFFIRMATIVE ACTION A. SAK Construction, LLC recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and SAK Construction, LLC (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. SAK Construction, LLC (Name of Company) following six (6) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; will undertake the -2 - C. 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. SAK Construction, LLC will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. O. SAK Construction, LLC will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. SAK Construction, LLC will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. H. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") 1. Contacted minority subcontractors that typically perform this type of work 2. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. IJ a t3 E 2. J. SAK Construction rLLC will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non -minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. SAK Construction, LLC will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N. SAK Construction, LLC Affirmative Action (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 201 9 , please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: 10 Goals for Women: 2 *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 201 9 . Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984-142(4). -4 - CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) NAME AND ADDRESS JOB CATEGORY RACE SEX HOURLY WAGE James F.; Troy, MO Foreman C M $33.18 Thomas R.; Troy, MO Laborer C M $31.18 Shelly D.; Festus, MO Laborer C F $31.12 David H.; Troy, MO Laborer C M $31.18 Clifford W.; St. Peters, MO Laborer C M $31.12 Barret W.; Moscow Mills, MO Laborer C M $31.12 ............._ INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: W HANDICAPPED: H -5 - We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company, xecutiv February 6, 2019 Date By: l t A - Oar Ange Hirtz, Hu an Resou- anager Equa mployment Opportunity Officer 1 Boyd Hirt&ice President February 6, 2019 es Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: -6 - Prime Contractor Name: SAK Construction, LLC MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Project: No. 962 Letting Date: February 7, 2019 NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not-f--sible with Is So' . If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: i Title: Boyd Hirtz, Vice President Date: February 6, 2019 41-E/k66 SEE Atrorrc0t"T3 Goo P FA -i fl4 Poc'+n.BNmiYYol--nbAJ SUBCONTRACTORS APPLICABL : You are r=•ui -d, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made ,"or y. r bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291- 4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 ITEMS OF POTENTIAL MBENJBE AECOM 60543369 CONTRACT NO. 692 Page M-6 OF 6 FY 2019 CIP Pipelining Ph IIIC Attachment 1 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid.) U.S. Environmental Protection Agency Certification of Non -Segregated Facilities (Applicable to contracts, subcontracts, and agreements with applicants who are themselves performing Federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor 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. He 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 bidder, offeror, applicant, or subcontractor 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, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and 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 original, because of habit, local custom, or otherwise. He further 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; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON -SEGREGATED FACILITIES A Certification of Non -segregated Facilities, as required by the May 9, 1967, order (33 F.R. 7808, May 28, 1968) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of theual Opportunity clause. The certification may be submitted either for each subcontract or fof aj jfubcontracts during a period (i.e., quarterly, semiannually, or annually). Signature Boyd Hirtz, Vice President February 6, 2019 Date Name and Title of Signer (Please Type) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. EPA -7 5720-4.2 SRF -2 May 2015 Attachment 2 SRF Required Front -End Specifications (This form must be completed and signed by the Prime Contractor and submitted with the bid.) Debarments and Suspensions Any bidder or equipment supplier whose firm or affiliate is listed in on the U.S. General Services Administration Excluded Parties List System web site at http://www.epls.gov/ will be prohibited from the bidding process. Anyone submitting a bid who is listed on this web site will be determined to be a non-responsive bidder in accordance with 40 CFR Part 31. United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission o f 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 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 application/proposal had one or more public transaction s (Federal, State, or local) terminated or cause or default. I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 U SC Sec. 10 01, a false statement ma y result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Boyd Hirtz, Vice President Typed Name & Title of Auto`riec\ Representative ,()( �/ of A tliorize Re . tive SignatureU resen p ❑ I am unable to certify to the abp a statements. My explanation is attached. EPA Form 5700-49 (11-88) February 6, 2019 Date SRF -3 May 2015 Attachment 3 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid.) Disadvantaged Business Enterprise (DBE) Solicitation It is EPA's policy that recipients of EPA financial assistance through the State Revolving Fund programs award a "fair share" of subagreements to small, minority and women -owned businesses, collectively know as Disadvantaged Business Enterprises (DBEs). Iowa's Fair Share goals are: Only work performed by certified DBEs can be counted toward the goals. In Iowa, DBEs must be certified through the Iowa Department of Transportation (IDOT). Information on certification requirements and a list of certified DBEs is on the IDOT website at http://www.iowadot.gov/contracts/contracts eeoaa.htm. Prime contractors' DBE requirements for SRF projects include: • Taking affirmative steps for DBE participation • Documenting the efforts and the proposed utilization of certified DBEs PROJECT INFORMATION SRF Applicant: Minority -Owned Business Enterprise (MBE) Goal Women -Owned Business Enterprise (VVBE) Goal Construction 1.7% 2.2% Supplies 0.6% 5.6% Services 2.5% 11.3% Goods/Equipment 2.5% 10.4% Average 1.8% 7.4% Only work performed by certified DBEs can be counted toward the goals. In Iowa, DBEs must be certified through the Iowa Department of Transportation (IDOT). Information on certification requirements and a list of certified DBEs is on the IDOT website at http://www.iowadot.gov/contracts/contracts eeoaa.htm. Prime contractors' DBE requirements for SRF projects include: • Taking affirmative steps for DBE participation • Documenting the efforts and the proposed utilization of certified DBEs PROJECT INFORMATION SRF Applicant: City of Waterloo, Iowa Bidder: SAK Construction, LLC Address: 864 Hoff Road, O'Fallin MO 63366 Contact Person: Boyd Hirt i \ Signature: Qs,cji, , Phone Number: (636) 38` -1000 E -Mail Address: J bidcippc@sakcon.com Check if Prime Contractor is: ❑ Minority -O - . ❑ Women -Owned N/A SRF -4 May 2015 GOOD FAITH EFFORTS CHECKLIST Please complete the checklist to determine if you have complied with the requirement to make good faith efforts to ensure that certified DBEs have the opportunity to compete for procurements funded by EPA financial assistance funds. Bidders/offerers must make good faith efforts prior to submission of bids/proposals. 1. Did you ensure that DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities? ® Yes ❑ No 2. Did you make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process? This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. ❑X Yes ❑ No 3. Did you consider in the contracting process whether firms competing for large contracts could subcontract with DBEs? This will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. Yes ❑ No 4. Did you encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually? X❑ Yes ❑ No 5. Did you use the services of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce to identify potential subcontractors? ❑X Yes ❑ No 6. List the potential DBE subcontractors that were contacted. Only list those that are certified through the Iowa Department of Transportation. Name How Contacted (e.g. letter, phone call, fax, e-mail) Response (e.g. did not respond, not interested, not competitive) See attached Good Faith documentation PROPOSED UTILIZATION OF DBE SUBCONTRACTORS Please include Attachments 4 and 5 to document the proposed utilization of certified DBE subcontractors. SRF -5 May 2015 CONTRACT ADMINISTRATION PROVISIONS Several contract provisions are required to prevent unfair practices that adversely affect DBEs. These include: 1. Prime Contractor must pay its Subcontractor for satisfactory performance no more than 30 days from the Prime Contractor's receipt of payment from the SRF loan recipient. 2. Prime Contractor must notify the SRF loan recipient in writing prior to termination of a DBE subcontractor for convenience. 3. Prime Contractor must employ the six Good Faith Efforts to solicit a replacement subcontractor if a DBE subcontractor fails to complete work under a subcontract for any reason. SRF -6 May 2015 Attachment 4 SRF Required Front -End Specifications (This form must be completed and signed by Prime and DBE Subcontractor for each subcontract and submitted with the bid.) OMB Control No: 2090-0030 Approved 8/13/2013 Approval Expires 8/31/2015 United States Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form This form is intended to capture the DBE1 subcontractor's2 description of work to be performed and the price of the work submitted to the prime contractor. An EPA Financial Assistance Agreement recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractor's bid or proposal package. Subcontractor Name Project Name FY 2019 CIP Pipelining Phase IIIC Bid/Proposal No. City Contract No. 962 Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Prime Contractor Name SAK Construction, LLC Issuing/Funding Entity Contract Item Number Description of Work Submitted to he Prime Contractor Involving Construction, Services, Equipment or Supplies Price of Work Submitted to the Prime Contractor DBE Certified by DOT SBA Meets/exceeds EPA certification standards? YES NO Unknown Other: 'A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certification as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA Form 6100-3 (DBE Subcontractor Performance Form) — Page 1 SRF -7 May 2015 OMB Control No: 2090-0030 Approved 8/13/2013 Approval Expires 8/31/2015 United States Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contracto/ S gn ture Print Name Boyd Hirtz T le Date Vice President February 6, 2019 Subcontractor Signature Print Name Title Date The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA Form 6100-3 (DBE Subcontractor Performance Form) — Page 2 SRF -8 May 2015 Attachment 5 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid if utilizing DBE subcontractors.) OMB Control No: 2090-0030 Approved 8/13/2013 Approval Expires 8/31/2015 United States Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form This form is intended to capture the prime contractor's actual and/or intended use of identified certified DBE' subcontractors2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file. Prime Contractor Name SAK Construction, LLC Project Name FY 2019 CIP Pipelining Phase IIIC Bid/Proposal No. City Contract No. 962 Assistance Agreement ID No. (if known) Point of Contact Boyd Hirtz Address 864 Hoff Road, O'Fallon, MO 63366 Telephone No. (636) 385-1000 Email Address bhirtz@sakcon.com Issuing/Funding Entity I have identified potential DBE certified subcontractors Please Sec n4+cj.h.A 7o6A Rk..-N docuIMsnit If yes, please complete the table below. If no, please explain: N. . YES NO ri-:oN Subcontractor Name/Company Name Company Address/Phone/Email Estimated Dollar Amount Currently DBE Certified? Continue on back if needed 1A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certification as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA Form 6100-4 (DBE Subcontractor Utilization Form) — Page 1 SRF -9 May 2015 OMB Control No: 2090-0030 Approved 8/13/2013 Approval Expires 8/31/2015 United States Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements s forth in 40 CFR Part 33 Section 33.302 (c). Prime ContrabtOr Si nat jre Iy Print Name 09i �l Boyd Hirtz ✓✓✓✓JJ//// c,Title Date Vice President February 6, 2019 The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA Form 6100-4 (DBE Subcontractor Utilization Form) — Page 2 SRF -10 May 2015 CSAK Pipeline Infrastructure. Solved.'" March 7, 2018 To Whom It May Concern: 636.385.1000 tel 636.385.1100 fax 864 Hoff Road O'fallon, MO 63366 www.sakcon.com Boyd Hirtz, Vice President and General Manager of our CIPP Division is hereby authorized to sign bids, extend offers, submit proposals and execute contracts on behalf of SAK Construction, LLC. ierome P. Shaw, Jr. President SAK Construction, LLC State of Missouri) County of St. Charles) On this 7th day of March, in the year 2018, before me, Theresa H. Messer, a notary public, personally appeared, Jerome P. Shaw, Jr. proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged he executed the same. Witness my hand and official seal. idUTFlrt_RY �`; \11444 -- NOTARY PUBLIC THERESA H.fa,r`•SER . ,�,�.� My Cnrani:: iun Expir:s M mh 39, 2019 Ji. Chark4s Co!!! -!!yr Cormi, Oi'. ii 1Jui1e'377 SEAL UNANIMOUS WRITTEN CONSENT OF THE SOLE MANAGER OF SAK CONSTRUCTION, LLC Pursuant to Section 5.3 of the Operating Agreement of SAK Construction, LLC, a Missouri limited liability company (the "Company"), the undersigned, being the sole manager of the Company, hereby adopts the following resolutions for the Company and consents to the taking of the actions therein described, such consent to have the same force and effect as a unanimous vote of the managers of the Company at a meeting duly held on the date hereof: RESOLVED, that the following individuals are hereby elected as officers of the Company, to hold the offices set forth opposite their respective names below for the ensuing year or until their successors are duly elected and shall have qualified, unless sooner removed by the Manager: Thomas Kalishman Chairman and Chief Executive Officer Jerome P. Shaw, Jr. President Boyd Hirtz Vice President Roger Archibald Chief Financial Officer, Secretary and Treasurer Steve Stulce Assistant Secretary and Assistant Treasurer RESOLVED FURTHER, that any and all action heretofore taken, and any and all things heretofore done, by any director of the Company in connection with, or with respect to, the matters referred to in the foregoing Resolutions be and hereby are confirmed as authorized and valid acts taken on behalf of the Company. RESOLVED FURTHER, that the foregoing resolutions shall replace and supersede any and all prior resolutions appointing officers of the Company. Dated as of January 1, 2012. 1683264.3 BEING THE SOLE MANAGER OF THE COMPANY 4.5. Contributed Property. The Members agree that the fair market value of the Contributed Property on the date of its Contribution will be equal to five hundred thousand dollars ($500,000.00). In the event the IRS disagrees with such determination of fair market value by the Members, the Company will make such curative allocations of income and distributions to the Members as are necessary to achieve the same results as if such fair market value had been respected by the IRS. 4.6.Third-Party Creditor. A Member's obligation to make a Contribution is not enforceable by a third -party creditor of the Company. 5. Management of the Company. 5.1. Manager. 5.1.1. Management of the Company. The management of the Company is vested in the Manager. Except as set forth in this Agreement, the Manager is the agent of the Company for the purpose of its ordinary business and affairs, and has complete authority over and exclusive control and management of the day-to-day affairs of the Company without the affirmative vote, approval or consent of any of the Members. The act of the Manager for carrying on the business of the Company in the usual way and in the ordinary course binds the Company. In connection with such management, the Manager may employ on behalf of the Company or on behalf of any Subsidiary any other Person to perform services for the Company, including the Manager, Members or Affiliates of any Member or Affiliates of the Manager. In furtherance of carrying on the business of the Company, the Manager may, subject to Section 5.2, do the following and bind the Company: 5.1.1.1. enter into and perform Contractual Obligations of any kind necessary or desirable to the Company's or any Subsidiary's business; 5.1.1.2. establish, maintain, deposit in and withdraw from checking, savings, custodial and other accounts in the name of the Company in such banks, trust companies or other financial institutions as the Manager may from time to time select; 5.1.1.3. execute any notifications, statements, reports, returns or other filings that are necessary or desirable to be filed with any Governmental Authority; 5.1.1.4. borrow money and incur Debt on behalfof the Company or of any .Subsidiary on a nonrecourse basis to the Members and secure the same with the Company's or any Subsidiary's property, including borrowing from Members, the Manager, Affiliates of Members and • Affiliates of the Manager; 5.1.1.5. take such actions and execute such documents as may be required in connection with any loan agreement, mortgage, note, bond, indemnity, security agreement, escrow, bank letter of credit or other evidence of indebtedness which may be required in connection with Debt incurred by the Company or by any Subsidiary; 5.1.1.6. establish reasonable reserve funds from revenues derived from the Company's or any Subsidiary's operations to provide for future requirements of the Company's or any Subsidiary's business; a Subsidiary; thereto; amendments thereto; 5.1.1.7. form, organize, acquire, sell, dispose of, reorganize or liquidate 5.1.1.8. prepare the Budget for each Fiscal Year and any amendments 5.1.19. prepare 'the Business Plan from time to time, and any 10 5.1.1.24. sell, exchange, lease, license, mortgage, pledge or transfer all or substantially all or less than substantially all of the assets of the Company or of any Subsidiary either in or other than in the ordinary course of its business; 5.1.1.25. dissolve and wind up the Company; 5.1.1.26. pay all fees, compensation and reimbursements to the Manager and his Affiliates as provided for herein; 5.1.1.27. amend this Agreement or the Articles of Organization; 5.1.1.28. change the name of the Company at any time; and 5.1.1.29. take any and all actions (whether described above or not) and engage in any kind of activity and perform and carry out all functions of any kind necessary to or in connection with the business of the Company or of any Subsidiary and exercise all rights and remedies of the Company or of any Subsidiary in emmection with any of the foregoing. 5.1.2. Appointment of the Manager. The initial Manager is Jerome P. Shaw, Jr. Any Manager other than the initial Manager is to be appointed by the Investor Member. The Manager may, but need not be, a Member. • 5.1.3. Term of the Manager. Jerome P. Shaw, Jr. will serve as the initial and sole Manager until such time as an Event of Withdrawal occurs with respect to him. Any Manager, other than the initial Manager, is to be appointed for a term of two years and occupies such position for the teen for which he is elected and until his successor has been elected and qualified or until he resigns as Manager or dies or becomes incapacitated or, if he is a Member, until the occun-ence of an Event of Withdrawal with respect to him or until his removal hereunder, whichever first occurs. A Manager may be reappointed for an unlimited number of terms. 5.1.4. Resignation of the Manager. A Manager may resign as Manager at any time for any reason. Any such resignation must be in writing and must be delivered to the Investor Member. A resignation is effective upon such delivery. 5.1.5. Removal of the Manager. A Manager may be removed as Manager at any time, with or without cause, by the Investor Member. 5.1.6. Vacancies. In the case of a vacancy in the position of Manager for one of the reasons set forth above, the Investor Member is.to fill such vacancy. 5.1.7. Meetings With Investor Member Representative. The Investor Member shall appoint an Investor Member Representative. The initial Investor Member Representative is Thomas Kalishman. The Manager shall schedule quarterly meetings with the Investor Member Representative at which the Manager shall report on the financial performance of the Company and such other Company matters as the Investor Member Representative may request. The Company shall reimburse the Investor Member Representative for travel, lodging and other expenses incurred by him on behalf of the Company or in connection with the business of the Company. 5.1.8. Optional Board of Managers. The Investor Member may at any time, in the sole and absolute discretion of the Investor Member, `elect to vest the management of the Company in a Board of Managers. If the Investor Member makes such an election, the Investor Member shall have the right and authority to determine the size of the Board of Managers, appoint persons to serve as members of the Board of Managers, establish quorum and voting requirements, and set any and all rules pertaining to meetings of the Board of Managers. All members of the Board of Managers shall serve at the pleasure of the Investor Member and may be removed by the Investor Member at any time with or without cause. If the Investor Member elects to vest management of the Company in a Board of Managers, all references 12 CONTRACTOR REGISTRATION CERTIFICATE STATE OF IOWA SAK CONSTRUCTION LLC 864 HOFF RD OFALLON, MO 63366 DIVISION OF LABOR CONTRACTOR REGISTRATION 1000 East Grand Avenue Des Moines, IA 50319-0209 Phone (515) 242 — 5871 www. i owa co n t ra cto r. q ov DATE ISSUED: 10/10/2018 DATE EXPIRES: 11/21/2019 REGISTRATION NUMBER: C105108 Michael A. Mauro, Commissioner Certificate of Standing Page 1 of 1 Date: 6/7/2011 IOWA SECRETARY OF STATE MATT SCHULTZ CERTIFICATE OF AUTHORIZATION Name: SAK CONSTRUCTION, LLC (489FLC - 360969) Authorized date: 3/28/2008 Duration: PERPETUAL State of Incorporation: MISSOURI I, Matt Schultz, Secretary of State of the State of Iowa, custodian of the records of incorporations, certify that the limited liability company named on this certificate is authorized to transact business in this state, that all fees required by the Iowa Unifonn Limited Liability Company Act have been paid by the limited liability company, and that the most recent biennial corporate report required has been filed by the Secretary of State. Certificate ID: CS55239 To validate certificates visit: www.sos. state.ia.us/ V alidateCertificate Matt Schultz Iowa Secretary of State http://www. sos.state.ia.us/Cert/Print.aspx?cs=hodAp4F6pEsY-cEMV sOXgTUYHfEJ2j 7n... 6/7/2011 CSAK 0.1 Pipeline Infrastructure. Solved.'" 636.385.1000 tet 636.385.1100 fax 864 Hoff Road O'Failon. MO 63366 www.sakcon.com DEMONSTRATION OF GOOD FAITH EFFORT It is the policy of SAK to provide all MBEs and WBEs an equal opportunity to participate in the performance of all SAK contracts. SAK assists agencies in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises including MBEs and DBEs have an equal opportunity to compete for and participate in agency contracts. SAK strives to meet all MBEs and DBEs goals for every agency that SAK contracts with. The following good faith efforts were performed for the City of Waterloo, IA: FY 2019 CIP Pipelining Phase IIIC Project: 1) SAK provided written notice by email of its interest in receiving quotes for the City of Waterloo, IA: FY 2019 CIP Pipelining Phase IIIC project (see Attachment A) 2) List of MBE and WBE subcontractors who were contacted (see Attachment B) 3) Copy of Constant Contact Email Solicitation (see Attachment C) 4) Constant Contact Email Statistics Report (see Attachments D.1 — D.3) a. Opened Emails b. Unopened Emails c. Bounced Emails 5) SAK posted the written notice on the Small Business Administration web portal (see Attachment E) Attachment A Q SAK Pipeline Infrastructure. Solved."' January 17, 2019 RE: City of Waterloo, IA FY 2019 CIP Pipelining Ph IIIC Dear Contractor: SAK Construction, LLC is seeking minority business enterprises (MBE) and women business enterprise (WBE) for the City of Waterloo, IA — FY 2017 CIP Pipelining Phase IIIA. The project bids on February 7, 2019 at 1:00 PM. All negotiations must be completed by February 6, 2019. Subcontracting Opportunities include but are not limited to: 1. Sewer Cleaning 2. CCTV Inspection 3. Lateral Grouting 4. Internal Tree Root Removal If your firm is interested in seeking this opportunity, please advise. Plans and Specifications are available from the AECOM office located at 501 Sycamore Street, Suite 222, Waterloo, IA 50703, upon receipt of a $250.00 deposit (check only). Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #6069655. For assistance in obtaining equipment, supplies and materials, bonding, lines of credit, insurance, etc. for this project please contact Theresa Messer at (636) 385-1034. Respectfully, Theresa Messer SAK Construction, LLC tmesser(a�sakcon.com 636.385.1000 tel 636.385.1100 fax 864 Hoff Road O'Fallon, MO 63366 www.sakcon.com A tIA4.4-1-^4 6nh- .� Company Address Solicitation Sent Anne Duffield Construction, Inc. 1825 E Avenue N1m 1/17/2019 Cerebral Info Tech, LLC 1454 30th Street, ech.com 1/17/2019 Curtis Contracting Corp. 5806 Ely Road SW,e.net 1/17/2019 David Mason & Associates, Inc. 800 S. Vandeventrmason.com 1/17/2019 DeLong Construction, Inc. 1320 N 8th Avenuitelecom.net 1/17/2019 GM Contracting, Inc. 19810 515th Avenactin:inc.com 1/17/2019 1/17/2019 1/17/2019 1/17/2019 &A Construction, LLP 3623 Vine Avenue013 mail.com J & J Boring, Inc. 41 Cardinal Hill Rgom Kim Construction Company, Inc. 3142 Holeman tion.com Phoenix Corp. of the Quad Cities 23821 66th Avenufrontiernet.net 1/17/2019 Trekk Design Group, LLC 1441 East 10th Str.com 1/17/2019 Watco Construction, Inc. 2920 Texas Streetm 1/17/2019 From: To: Subject: Date: Attachment C Douglas Woerz Theresa Messer FW: Your campaign City of Waterloo, IA - FY 2019 CIP Pipelining Ph IIIC has been sent Thursday, January 17, 2019 11:30:20 AM From: Constant Contact Sent: Thursday, January 17, 2019 11:30:00 AM (UTC -06:00) Central Time (US & Canada) To: Douglas Woerz Subject: Your campaign City of Waterloo, IA - FY 2019 CIP Pipelining Ph IIIC has been sent Dear SAK Construction, Your campaign 'City of Waterloo, IA - FY 2019 CIP Pipelining Ph IIIC' was sent on 1/17/2019 around 12:29 PM EST. Below is a copy of the message your subscribers received. See how your campaign is doing by visiting Reports in your account to get real-time results and stats. Subject: City of Waterloo, IA - FY 2019 CIP Pipelining Ph IIIC SAK Construction Announcement ATTENTION DISADVANTAGED BUSINESS ENTERPRISES (DBE) SAK Construction, LLC is seeking minority business enterprises (MBE) and women business enterprise (WBE) for the City of Waterloo, IA - FY 2017 CIP Pipelining Phase IIIA. The project bids on February 7, 2019 at 1:00 PM. All negotiations must be completed by February 6, 2019. Subcontracting Opportunities include but are not limited to: 1. Sewer Cleaning 2. CCTV Inspection 3. Lateral Grouting 4. Internal Tree Root Removal If your firm is interested in seeking this opportunity, please advise. Plans and Specifications are available from the AECOM office located at 501 Sycamore Street, Suite 222, Waterloo, IA 50703, upon receipt of a $250.00 deposit (check only). Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #6069655. For assistance in obtaining equipment, supplies and materials, bonding, lines of credit, insurance, etc. for this project please contact Theresa Messer at (636) 385- 1034. SAK Construction, LLC www.sakcon.com 636.385.1000 SAK Construction, LLC, 864 Hoff Road, O'Fallon, MO 63366 SafeUnsubscribeT"' dwoerz(asakcon.com Forward this email I Update Profile 1 About our service provider Sent by bidcippc@sakcon,com in collaboration with Constant Contact Try it free today 2/6/2019 ant Contact' Constant Contact : Email Statistics fit Print Report SAK Construction Email Statistics 2/6/2019 Email Name: City of Waterloo, IA - FY 2019 CIP Pipelining Ph IIIC Template: - My Image I Lists: Waterloo, IA - Updated 01.17.19 Email Run History Sending Type Sent Run Date Status Original Send 12 1/17/2019 Successfully Sent Email Stats Sent Bounces Spam Reports Unsubscribes Opens Clicks Forwards 12 25.0% (3) 0 0 22.2% (2) 0 0 Click -through Stats Email Link Unique Click-throughs Click -through Distribution http://www.sakcon.com 0 0.0% Total Click-throughs 0 0% Social Stats Page Views Share Send Like Twitter Linkedln (Other) 0 0 0 0 0 0 0 https://ui.constantcontact.comirnavmap/evaluate.rnav/pidzODDs2CfnIGGpGCLla5p8?activepage=ecampaign.view.sent&pageName=ecampaign.view.... 1/1 2/6/2019 Constant Contact: Contacts Tracking Attachment D.1 Constant Contact'; s:' City of Waterloo, IA - FY 2019 CIP Pipelining Ph IIIC SEN i Thu, Jan 17, 2019 2 item(s) Actions v Export All 34% 19% OPENS AVG. INDUSTRY AVG. Unique Opens v Opened v Name Name Email Address Date/Time iandaconstruction2013@gmail.com Thu, Jan 17, 2019 at 12:55 PM CST info@kimconstruction.com Thu, Jan 17, 2019 at 11:39 AM CST Email AddressDate/Time < Page of Show 50 v Have Feedback? CO 1996-2019 Constant Contact, Inc. Terms & Conditions 1 Privacy Statement 1 Anti -Spam Policy 1 Share Screen https://app.constantcontact.com/pages/reporting/v2#reports/fd 13091 d-Od7b-4ee6-bd74-b459971 a859b/opened 1/1 2/6/2019 Constant Contact: Contacts Tracking Attachment D.2 Constant Contact/00 City of Waterloo, IA - FY 2019 CIP Pipelining Ph IIIC ' Ci'!i Thu, Jan 17, 2019 7 item(s) Actions v ❑ Name Name Page 1 of 1 Show 50 v Export All Email Address sharazin@gmcontractinginc.com jennifer@jjboring.com duffield6@msn.com pkelley@southslope.net ddpatterson@iowatelecom.net krobinett@trekklIc.com patwatco@msn.com Email Address 66% 73% DID NOT OPEN AVG. INDUSTRY AVG. Did Not Open v Have Feedback? ©1996-2019 Constant Contact, Inc. Terms & Conditions 1 Privacy Statement 1 Anti -Spam Policy l Share Screen https://app.constantcontact.com/pages/reporting/v2#reports/fd 13091 d-Od7b-4ee6-bd74-b459971 a859b/unopened 1/1 2/6/2019 Constant Contact: Contacts Tracking Attachment D.3 Constant Contact/x1' City of Waterloo, IA - FY 2019 CIP Pipelining Ph IIIC SENT Thu, Jan 17, 2019 Search 3 item(s) Actions v a Export All 9% BOUNCE AVG. All types v 8% INDUSTRY AVG. Bounced v ❑ I Name Name Email Address Bounce Type kv@cebrabralinfotech.com Undeliverable mevphoenixcorp@frontiernet.net Suspended rkaftantizis@davidmason.com Suspended Email Address Bounce Type Page 1 of 1 Show 50 v Have Feedback? CO 1996-2019 Constant Contact, Inc. Terms & Conditions 1 Privacy Statement l Anti -Spam Policy 1 Share Screen https://app.constantcontact.com/pages/reporting/v2#reports/fd 13091 d-Od7b-4ee6-bd74-b459971 a859b/bounced 1/1 1/17/2019 SBA SubNet Edit Solicitation This Solicitation has been posted successfully. Click List of Sol/NSS below to choose another function. Note: Fields with asterisk are required fields. This field can be edited. *Business Name: SAK CONSTRUCTION, LLC *Solicitation : SOL -WATERLOO, IA - 2019 CIP Division/Department: PIPELINING *What Type of Business are you looking for? (Cheek all that apply.) To add, edit and delete Business Types please email Subne55SBA.gsv_ Women -Owned Small Business /Disadvantaged Business Enterprise (DBE) ED Small Business with Top Secret Security Clearance/Sensitive Compartmented Information (TS/SCI) O Small Business with Top Secret Security Clearance (TS) O Small Business with Secret Security Clearance (SC) Fri Small Business (SB) OSBA Certified HUBZone Small Business (HUBZone 58) OSSA Certified Sa Program Participant CJSmall Disadvantaged Business (505) C Women -Owned Small Business under the SBA Women -Owned Small Business Program Economically Disadvantaged Women Owned Small Business RI Veteran -Owned Small Business (VOSB) idService-Disabled Veteran -Owned Small Business (SDVOSB) D Alaskan Native Corporations (ANC) and Indian Tribe OTrIbally Owned O Native Hawaiian Org (NHO) Owned O Economically Disadvantaged Women -Owned Small Business under the Women - Owned Small Business Program O Women -Owned Small Business Joint Venture O Economically Disadvantaged Women -Owned Small Business Joint Venture Select All *NAICS Code: 237110 Enter or Look LIR Water and Sewer Line and Related Structures Construction Additional NAICS Code: Enter or Look up Please click the "Look Up" link to add and enter an additional NAICS or Cut and Paste the NAICS In the Additional NAILS field below Additional NAILS List: *Brief Solicitation Description (50 words): Brief Description will display In search results. Add an attachment by clicking the Next button below. H 1 4 1 IF ;E 81 S Paragraph - front Family - Pont Size - I S '12 I 133iiilIaa":.IiEi.I = -" IA -'°'7-.2 SAK Construction, LLC is seeking minority business enterprises (MBE) and women business enterprise (WBE) for the City of Waterloo, IA - FY 2017 CIP Pipelining Phase DIA. The project bids on February 7, 2019 at 1:00 PM, All negotiations must be completed by February 6, 2019. Words:39 *Solicitation POC *First Name: Theresa *last Name: Messer *Preferred Means of Communication: 0 Phone Email Both Phone: 636-385-1000 Ext: 1000 Fax: 636-385-1100 Email: bidcippc©sakcon.com *Place of Performance: Georgia Guam Hawaii *State: Iowa Spencer Spirit Lake Stone Lake Metro Area: Waterloo N. Note: If you select more than one state, you can not select a Metropolitan Area. However, If you select one state you can add a Metropolitan Area and duplicate the solicitation to add more states with the Metropolitan Area. This Is the estimated date when the work will begin Performance Start Date--> Mandatory for Solicltalon/ Non -Mandatory for NSS *Performance Start Date: 03/15/2019 Fl_(mm/dd/yyyy) *Closing Date: (Not more than a year from today.) *Date: 02/07/2019 E_(mm/dd/yyyy) *Time: 1:00 O AM O PM *Time Zone: Central Time Attached Files: /Waterloo IA - 2019 CIP Pipelining - RFO,pgf 1 Delete Attachment E https://ewebl.sba.gov/subnet/dsp_welcome.cfm?VerifyPassof=436C64FD911998EE25A63AA5F88F05481 E7D79973DF72E0AA16A453346F4266A&IMUserSessnSegNmb=64871061 1/2 1/17/2019 SBA SubNet Upload File Post List Of Sol/N55 Last modified: 05/17/2018 12:00:00 AM SBA Processing: 0.226 seconds Version: 2.0 https://ewebl.sba.gov/subnet/dsp_welcome.cfm?VerifyPassof=436C64FD911998EE25A63AA5F88F05481 E7D79973DF72E0AA16A453346F4266A&IMUserSessnSegNmb=64871061 2/2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, SAK Construction, LLC, 864 Hoff Road, O'Fallon, MO 63366 as Principal, and Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183 as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five Percent of the Amount Bid Dollars ($ 5% Amount Bid ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 7 day of February 20 19 for City Contract No. 962, FY 2019 CIP Pipelining Phase IIIC, Waterloo, IA NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these pres- ents to be signed by their proper officers this 7 day of February , A.D. 201 9 Witness , Donna Robson BID BOND AECOM 60543369 Construction LC t By Bo d ce'Vreselev. al (Seal) Casual i . nd an f merica(Seal) Surety By i Ash1e 1 ri AltrIney-in-fact CONTRACT NO. 962 Page BB -1 OF 1 FY 2019 CIP Pipelining Ph IIIC ACKNOWLEDGEMENT FOR CONTRACTOR ACKNOWLEDGEMENT FOR CONTRACTOR, IF LIMITED LIABILITY COMPANY STATE OF Missouri ) COUNTY OF St. Charles } ON THE `I4% DAY OF raprus aozu , 2019 , BEFORE ME PERSONALLY APPEARED Boyd Hirtz J TO ME KNOWN AND KNOWN TO ME TO BE THE Vice President OF SAK Construction, LLC, A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. THERESA H. MESSER My Commission Expires March 30, 2010 SI. Ch&files County Cormmionlon 71?5034377 Notary Public State of Missouri County of St. Louis On 2/07/2019, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Ashley Miller known to me to be Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Donna Robson, Notary Public My Commission Expires: DONNA RO[�'oN mr...........„....a.................."......„...e,...� Notary public — Notary Seal State of Missouri, St. Cicrles County Commission Expires My Commission E., .... es rune 21. 2077 TRAVELERS.J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Ashley Miller of Chesterfield Missouri , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Sehlqr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 aJuR C. .iATAR.OJ.I I.A Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 7 day of February , 2019 To verify the authenticity of this Power of Attorney, p/ease ca// us at 1-800-421-3880, Please refer to the .aboYe-aamedAttorney-in-Fact and the details of the bond to which the power is attached. Kevin E. Hughes, Assi taut Secretary TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2017 CAPITAL STOCK $ 6480,000 ASSETS LNBILI i IES & SURPLUS CASH AND INVESTED CASK BONDS STOCKS INVESTMENT INCOME DUE AND ACCRUED OTHER INVESTED ASSETS PREMIUM BALANCES NET DEFERRED TAX ASSET REINSURANCE RECOVERABLE SECURITIES LENDING REINVESTED COLLATERAL ASSETS RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES ASSUMED REINSURANCE RECEIVABLE AND PAYABLE OTHER ASSETS TOTAL ASSETS $ 137,626,346 3,372,829,396 326,030,613 39,230,403 2,641,903 235,706,836 48,322,453 23,906,019 20,555,872 21,488,218 626.835 5,795,705 $ 4,232.760,599 UNEARNED PREMIUMS LOSSES LOSS ADJUSTMENT EXPENSES COMMISSIONS TAXES, LICENSES AND FEES OTHER EXPENSES CURRENT FEDERAL AND FOREIGN INCOME TAXES REMITTANCES AND ITEMS NOT ALLOCATED AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS RETROACTIVE REINSURANCE RESERVE ASSUMED POLICYHOLDER DIVIDENDS PROVISION FOR REINSURANCE ADVANCE PREMIUM ESCHEAT LIABILITY PAYABLE FOR SECURITIES LENDING CEDED REINSURANCE NET PREMIUMS PAYABLE OTHER ACCRUED EXPENSES AND LIABILITIES TOTAL LIABILITIES CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS TOTAL LIABILITIES & SURPLUS $ 920,416,346 620,933,807 181,114,296 42,186,100 13,242,950 42,889,178 1,313.124 82,545,307 35,924,038 793,039 9,857,423 5,066,341 1,256,758 637,143 20,555,872 36,704,062 686,469 5 2,210,124,273 5 6,480,000 433,803,769 1,576,352,567 $ 2,016,636,327 $ 4,232.,760,599 STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD ) 6S. MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HEIS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF. THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 3187 DAY OF DECEMBER, 2017. SUBSCRIBED AND SWORN TO BEFORE ME THIS 1611-1 DAY OF MARCH, 2018 %w-4ae&&� T 0,e(14--' SECOND VICE PRES)pe T tAtD (Th SUSAN M. 1VEISSLEDER Nolm7' Public --- AIJ Conunisslon Expires November 30, 2022