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SAK Construction
CITY CiF WATERLOO CITY CLERK'S OFFICE JUL 11202109 :57:32 eri2Ati Co C7 rn c� fn 3Vt C7 oC3CSna 0- • • • • lalamiamomemal • • 0) • • • • IMMEI 1101 m J211321033101uv • • 11104,1.114 rn m 0 0 0 0 C m co 0 Ca C.11 al r r_ mCC0 - 73 m� corc '1 0 r' r 66DJ210265/FE4A fatr. C C� m� —� Co Z Cn Cr, CO r r rr 0)�^ V it 12021 9:57:2 0 SAK� Pipeline Infrastructure. Solved.' MM4 c 0 r mart 0 OO1?31 1i3O AID FY 2021 CIP Pipelining Phase IVA2 City Contract No. 1043 BID SECURITY 636.385.1000 636.385.1100 864 Hoff Road O'Fallon. MO 63366 www.sakcon.com SAK� Pipeline Infrastructure. Solved. BID ENCLOSED FY 2021 CIP Pipelining Phase IVA2 City Contract No. 1043 Deliver Bid to: City of Waterloo City Clerk, City Hall 715 Mulberry Street Waterloo, IA 50703 July 1, 2021 at 1:00 PM • CITY WATERLOO CITY CLERKS t.r. OFFICE - :lit I 2021 1HER57:48 636.385.1000 tel 636.385.1100 fax 864 Hoff Road O'Fallon MO 63366 www.sakcon.com RID BOND SAK Construction, LLC KNOW ALL MEN BY THESE PRESENTS, that we, 864 Hoff Road, O' Fallon, MO 63366 Travelers Casualty and Surety Company of America as Principal, and 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 ($ s� of Bid Amount ) 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 1st day of July , 20 21 for City Contract No. 1043 FY 2021 CIP Pipelining Phase IVA2 • 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 1st day of July , A.D. 20 21. Witness /m,ic Ptit hn , tts,'bias Tlet-I) GeV/ Witness Dana A. Johnes see , Witness BID BOND AECOM 60620183 'l SAK Construction', L 9 (Seal) ncip4 By i' Ti (e) 8o Ottt , We e resdaft Travelers Casualty anurety Company of America (Seal) Surety ae„,_____---7 6 By L Attorney -in -fact Andrew P. Thome, Attorney -In -Fact CONTRACT NO. 1043 Page BB-1 OF 1 FY 2021 CIP Pipelining Ph IVA2 ACKNOWLEDGMENT FOR CONTRACTOR ACKNOWLEDGMENT FOR CONTRACTOR, IF LIMITED LIABILITY COMPANY STATE OF MISSOURI COUNTY OF ST. CHARLES ON THE 154 DAY OF it^ ZDZI , BEFORE ME PERSONALLY APPEARED Boyd Hai r1/2 TO ME KNOWN AND KNOWN TO ME TO BE THE vice Pfesld.IE OF SAK CONSTRUCTION, LLC, A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. Goa f /r1/ NOTARY PUBLIC BARBARA MARLER Notary Public - Notary Seal State of Missouri Commissioned for St Charles County My Commission Expires December 19, 2022 Commission Number: 14126252 State of Missouri County of St. Louis SS: On JULY 1, 2021 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared ANDREW P. THOME 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 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. My Commission Expires DANA A JOHNESSEE Notary Public — Notary Seal State of Missouri, St. Louis County Commission It 13516439 My Commission Expires Sept. 20, 2021 ►=—------_.r..T r Nil 4 • DANA A. JOHNESSEE Notary Public 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 Andrew P. Thome, 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, Searlor 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. G• My Commission expires the 30th clay of June, 2021 mClAisis tkrAt tkold 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 Chairman, 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. 1, 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 1 day of July 2021 Kevin E. Hughes, Assi tent Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2020 CAPITAL STOCK $ 6,480,000 ASSFtS CASH AND INVESTED CASH BONDS STOCKS INVESTMENT INCOME DUE AND ACCRUED OTHER INVESTED ASSETS PREMIUM BALANCES NET DEFERRED TAX ASSET REINSURANCE RECOVERABLE RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES OTHER ASSETS TOTAL ASSETS STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD ) SS. $ 239,403,348 3,831,156,861 109,074,035 36,856,709 4,970,512 277,653,788 55,188,715 32,553,518 34,876,347 4,155,794 $ 416251869,627 LIABILITIES & SURPLUS 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 POLICYHOLDER DIVIDENDS PROVISION FOR REINSURANCE ADVANCE PREMIUM CEDED REINSURANCE NET PREMIUMS PAYABLE RETROACTIVE REINSURANCE RESERVE ASSUMED OTHER ACCRUED EXPENSES AND LIABILITIES TOTAL LIABILITIES CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS TOTAL LIABILITIES & SURPLUS MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT - FINANCE, 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 31ST DAY OF DECEMBER, 2020, SUBSCRIBED AND SWORN TO BEFORE ME THIS 26TH DAY OF MARCH, 2021 7, 4 VICE PRESIDE T - FINANCE' L t SUSAN M. WEISSLEDER Noloy Public My Commission Expires November 30, 2022 $ 1,121,0701380 1,003,200,666 163,346,678 48,805,693 13,561,421 42,506,558 4,8651484 8,646,391 42,228,250 12,353,304 7,930,280 1,867,512 63,102,972 800,763 568,668 $2,534,855,020 $6,480,000 433,803,760 1,6501750,847 $2,091,034,607 $4,625,889,627 FORM OF BID OR PROPOSAL FY 2021 CIP PIPELINING PHASE IVA2 CONTRACT NO. 1043 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 2021 CIP PIPELINING PHASE IVA2, CITY CONTRACT NO. 1043, all in accordance with the above listed documents and for the unit prices for work in place for the following items and quantities: FY 2021 CIP PIPELINING PHASE IVA2 CITY OF WATERLOO, IOWA CITY CONTRACT NO. 10143 Item Description Unit Estimated Quantiles Unit Price Total Amount BASE BID 1 8" Diameter CIP Pipe Lining LF 21,082.0 $ 18.75 $ 395,287.50 2 10' Diameter CIP Pipe Lining LF 1,116.0 $ 22.00 $ 24,552.00 3 12" Diameter CIP Pipe Lining LF 926.0 $ 27.50 $ 25,465.00 4 18' Diameter CIP Pipe Lining LF 1,395.0 $ 63.50 $ 88,582.50 5 Lateral Reinstatement EA 353.0 $ 100.00 $ 35,300.00 6 3-FT Lateral Grouting EA 353.0 $ 340.00 $ 120,020.00 7 Pipe Televising - 8' LF 42,164.0 $ 1.00 $ 42,164.00 8 Pipe Televising - 10" LF 2,232 0 $ 1.00 $ 2,232.00 9 Pipe Televising - 12" LF 1,852.0 $ 1.00 $ 1,852.00 10 Pipe Televising - 18" LF 2,790.0 $ 1.00 $ 2,790.00 11 Type A Pipe Cleaning - 8" LF 21,082.0 $ 3.00 $ 63,246.00 12 Type A Pipe Cleaning - 10" LF 1,116.0 $ 3.00 $ 3,348.00 13 Type A Pipe Cleaning - 12" LF 926.0 $ 3.50 $ 3,241.00 14 Type A Pipe Cleaning - 18" LF 1,395.0 $ 4.00 $ 5,580.00 15 Type C Root Removal - 8"-10" LF 11,099.0 $ 4.00 $ 44,396.00 16 Type C Root Removal - 12"-15" LF 463.0 $ 4.50 $ 2,083.50 17 Type C Root Removal - 18" LF 697.0 $ 6.00 $ 4,182.00 18 Type D Lumberjack - 8"-10" LF 11,099.0 $ 4.00 $ 44,396.00 19 Type D Lumberjack - 12"-15" LF 463.0 $ 4.50 $ 2,083.50 FORM OF BID AECOM 60620183 CONTRACT NO. 1043 Page BF-1 OF 5 FY 2021 CIP Pipelining Ph IVA2 Item 20 Description Type D Lumberjack - 18" U nit LF Estimated Q uantiles 697.0 $ U nit Price 6.00 $ Total Amount 4,182.00 21 Protruding Taps Removal EA 100.0 285.00 28,500.00 TOTAL BASE BID $ 943,483.00 Item Description U nit Estimated Quantity U nit Price Total Price 101 8" Diameter CIP Pipe Lining LF 2,257.0 $ 23.50 $ 53,039.50 102 Lateral Reinstatement EA 26.0 100.00 2,600.00 103 3-FT Lateral Grouting EA 26.0 $ 400.00 10,400.00 104 Pipe Televising - 8" LF 4,514.0 1.00 4,514.00 105 Type A Pipe Cleaning - 8" LF 2,257 0 2.75 6,206.75 106 Type C Root Removal - 8"-10" LF 1,128.5 4.00 4,514.00 107 Type D Lumberjack - 8"-10" LF 1,128.5 4.00 4,514.00 108 Protruding Taps Removal EA 5.0 285.00 $ 1,425.00 BID ALTERNATE NO. 1 - SA NO. 19 TOTAL $ 87,213.25 Item Description Unit Estimated Q uantity Unit Price Total Price BID ALTERNATE,NO: 2 SANO. 19 201 12" Diameter CIP Pipe Lining LF 2,256.0 $ 29.25 $ 65,988.00 202 Pipe Televising - 12" LF 4,512.0 1.00 4,512.00 203 Type A Pipe Cleaning - 12" LF 2,256.0 3.50 7,896.00 204 Type C Root Removal - 12"-15" LF 1,128.0 4.50 5,076.00 205 Type D Lumberjack - 12"-15" LF 1,128.0 4.50 5,076.00 BID ALTERNATE NO. 2 - SA NO. 19 TOTAL 88,548.00 Item Description Unit Estimated Quantity i Unit Price Total Price BID ALTERNATE NO. ,3 - SA NO.14 NON-SRF 1,292 0 $ 25.00 $ 32,300.00 301 10" Diameter CIP Pipe Lining LF 302 12" Diameter CIP Pipe Lining LF 1,394.0 $ 29.00 $ 40,426.00 303 Lateral Reinstatement EA 4.0 $ 100.00 $ 400.00 304 3-FT Lateral Grouting EA 4.0 $ 500.00 $ 2,000.00 305 Pipe Televising - 10" LF 2,584.0 $ 1.00 $ 2,584.00 306 Pipe Televising - 12" LF 2,788.0 $ 1.00 $ 2,788.00 307 Type A Pipe Cleaning - 10" LF 1,292 0 $ 2.75 $ 3,553.00 FORM OF BID AECOM 60620183 CONTRACT NO. 1043 Page BF-2 OF 5 FY 2021 CIP Pipelining Ph IVA2 Item Description Unit Estimated Quantiles Unit Price Total Amount 308 Type A Pipe Cleaning - 12" LF 1,394.0 $ 3.25 4,530.50 309 Type C Root Removal - 8"-10" LF 646.0 $ 4.00 2,584.00 310 Type C Root Removal - 12"-15" LF 697.0 $ 4.00 $ 2,788.00 311 Type D Lumberjack - 8"-10" LF 646.0 $ 4.50 2,907.00 312 Type D Lumberjack - 12"-15" LF 697.0 4.50 3,136.50 313 Protruding Taps Removal EA 1.0 285.00 285.00 BID ALTERNATE NO. 3 SA NO. 14 NON-SRF TOTAL 100,282.00 Item 401 24" Diameter CIP Pipe Lining Description Estimated Unit Quantity LF 361.0 Unit Price 89.00 Total Price $ 32,129.00 402 Pipe Televising - 24" LF 722.0 1.00 722.00 403 Type A Pipe Cleaning - 24" LF 361.0 $ 7.00 2,527.00 404 Type C Root Removal - 24" LF 180.5 6.00 1,083.00 405 Type D Lumberjack - 24" LF 180.5 6.00 1,083.00 BID ALTERNATE NO. 4 - SA NO. 20 NON-SRF TOTAL $ 37,544.00 Item Description BID ALTERNATE NO. Unit Estimated Quantity Unit Price Total Price 501 12" Diameter CIP Pipe Lining LF 324.0 $ 33.00 $ 10,692.00 502 Lateral Reinstatement EA 4.0 100.00 400.00 503 3-FT Lateral Grouting EA 4.0 $ 455.00 $ 1,820.00 504 Pipe Televising - 12" LF 648.0 $ 1.00 $ 648.00 505 Type A Pipe Cleaning - 12" LF 324.0 3.50 $ 1,134.00 506 Type C Root Removal - 12"-15" LF 162 0 4.50 729.00 507 Type D Lumberjack - 12"-15" LF 162.0 4.50 729.00 508 Protruding Taps Removal EA 5.0 285.00 1,425.00 BID ALTERNATE NO. 5 - SA NO. 17 NON-SRF TOTAL $ 17,577.00 2 It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid pace for the work done shall govern in the actual payment to Contractor. The Contract shall be awarded based on the TOTAL BASE BID. 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 wntten 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 FORM OF BID AECOM 60620183 CONTRACT NO. 1043 Page BF-3 OF 5 FY 2021 CIP Pipelining Ph IVA2 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 MBE/WBE 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). 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. FORM OF BID CONTRACT NO. 1043 Page BF-4 OF 5 AECOM 60620183 FY 2021 CIP Pipelining Ph IVA2 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. BY: SAK Construction, L (Name of Bidder) Official Address: (Injuding Zip Co 864 Hoff Road June 30, 2021 (Date) Title Boyd Hirtz, Vice President O'Fallon, MO 63366 I.R.S. No. 20-4193988 FORM OF BID CONTRACT NO. 1043 Page BF-5 OF 5 AECOM 60620183 FY 2021 CIP Pipelining Ph IVA2 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Missouri County of St. Charles Boyd Hirtz )ss being first duly sworn, deposes and says that: 1. He is Vice 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 prsp-r and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on t'e oart of he Bidder or any of its agents, representatives, owners, employees, or pies in inter: st. in udin t is affiant. (Signed) Boyd Hirtz, Vice President Title Subscribed and sworn to before me this 30th day of June , 20 21. Title My commission expires lot f! 9 b3 f), BARBARA MARLER Notary Public - Notary Seal State of Missouri Commissioned for St Charles County My Commission Expires December 19, 2022 Commission Number: 14126252 NON -COLLUSION AFFIDAVITS CONTRACT NO.1043 Page NCA-1 OF 2 AECOM 60620183 FY 2021 CIP Pipelining Ph IVA2 Bidder Status Form To be completed by all bidders Part A Please answer "Yes' or "No" for each of the following: X ■ X 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). Yes i7 No My company has an office to transact business in Iowa. Yes X No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. Yes X No 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: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: 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? Yes N 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 anddruthful information may be a reason to reject my bid. Firm Name: SAK Constructs Signature: Date: June 30, 2021 You must submit the completed fo',j'to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) BSF-1 re W O aZ CC W 0 Z2 W Lt co co Z ZF- CO CO WZ CO O 0 CO m 2W a June 30, 2021 (0 mai c) c a) J SAK Construction, LLC Prime Contractor Name: to O 0 N as ma Q46 0 0Ta ,0 O C Q o E 0 0 U 0 a)� o a) Q a) --- a) a) a) (a E Q C 0-6 a) O a) "O () O 0 2 ) a` O_ a) j C 22 O U 0 7 0 W CO CO c co 0) c 0 FP- z 7 0 > 0 re a) O a• U 0(0 5IC z Uf°� ma'0 L C -t0 coU ea c O jail Q 0 0 m c (0 2 0 m-I= O�o z 3 a 0 June 30, 2021 a) m 0 0 0 J J Q 0 c) U •C o 0 'p 0 a) U E 2_ O 'a co a) c O 0 c o m 0 E o O N c m tT C a) Q > c OL 0 Q+=- 0 _U C O 0 O U a) -a U) a) 0 a)' m c 0 o c U N 0 O O C 3 >+ 0 L to 0 0 a) _0 0 c -o to N 6) N C O 0) U r• a) Fa _ Q (6 a) U N the W v LJJ m2 WI O E >I O cm U 3 C 0 co - to ea E. (7 C 0 O j c o 0 N O U E F E� o�- L oC t� c O C U a) U u, 0 O Q > c O` . 0 0 O Uaim L -1-' > t� oo c uu))a0)c 22mE 0 CO o c - UEo O Ic 2 V) t= :cCO o O 0m L co 2 O L E,, a) E 0 0 o�� O U O N > O c cr 2 O N ma(0 O�T� >- Env W a) c 0 (0 a) t0 E 0 0 0 Lb U U N C 0 U a) t as al c 0 m 0c L O÷m, a) a) .Q N wo 0 o o E o C O 00 CO O) CD N a) E 0 L. L a) Q t, 0 L C W 0 0 m 133 ZW W m 2 a) N a) c E a) N mcs .v) +. C a)> a) 0 CT? CU CO EL wZ 0O V m W co za O F- N W OW 2N LLM� W LL W Zm LL ?� Om J F- Received Quotation used in bid collar Amount Proposed be Subcontracted Yes/No Dates Contacted Quotes O cti a) Dates Contacted VIBE/WE bcontrac (Form CCO-4) Rev. 06-20-02 CONTRACT NO. 1043 W co W m J Zco o � o CL tL # O2 �o 2U W Q seas s 1'• / KM Pipeline Infrastructure. Solved. June 30, 2021 Co :y ter°oo i 5 Mulberry Street Watedotq HA 50703 Re: FY 2021 CIP Pipelining Phase IVA2 SAK Construction, LLC DBE Participation 636.385.1000 tel 636.385.1100 fax 864 Hoff Road O'Fallori. MO 63366 www.sakcon.com SAK Construction, LLC SAK solicited Minority and Women Business Enterprise (MWBE) subcontractors for the FY 2021 CIP Pipelining Phase IVA2. However, the subcontracting opportunities available on this project (cleaning/CCTV inspection of sanitary sewers and lateral grouting) limits the number of DBE subcontractors available. Per phone conversation between Rudy Jones and Ryan Hogenmiller (SAK) at 2:50 PM on June 25, 2021, there are no subcontracting opportunities with qualified DBEs for this specialized work and SAK will either be self -performing or working with specialized subcontractors on this project. Please contact us if you have any questions or would like to discuss further. We look forward to potentially working with the City of Waterloo. Sincerely, la) Boyd H irtz, Vice President SAK Construction, LLC 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 Tots 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 the Equal ep•ortunity clause. The certification may be submitted either for each subcontract or for all s •cents=ct uring a period (i e., quarterly, semiannually, or annually). S ignature / Boyd Hirtz, Vice President June 30, 2021 Date N ame and Title of Signer (Please Type) N OTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. EPA-7 5720-4.2 2 January 2021 Attachment 2 SRF Required FrontoE;nd 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 will be prohibited from the bidding process. The excluded parties records search engine is located at the System for Award Management (SAM) website. https://www.sam.qov/SAM/. Pursuant to 2 CFR Part 180, as supplemented by 2 CFR 1532, any entity submitting a bid while the SAM website lists that entity as having an active exclusion will be determined by the DNR to be a non -responsive bidder and will not be able to receive SRF funding. 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 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 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 application/proposal 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 proposal or termination of the award. In addition, under 18 U SC Sec. 10 01, a false statement may 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 Au t orjzedMep\resentative /CA(iiti a /, Signature of Auth rized 1epresentative\ June 30, 2021 Date I am unable to certify to the above statements. My explanation is attached. 3 January 2021 Attachment 3 SRF Required FronttInd 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 WA 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 znterprises (DBEs). Iowa's Fair Share goals are: Business Women Business Minority -Owned -Owned Enterprise Goal Enterprise Goal (MBE) (WBE) 1.7% 2.2% Construction 0.6% 5.6% Supplies 2.5% 11.3% Services 2.5% 10.4% Goods/Equipment 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 https://secure. iowadot.gov/DBE/Home/Index/. 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 Waterloo, Iowa of Bidder: SAK Construction, LLC Address: MO 63366 864 Hoff Road, O'Fallon,, f Contact Person:. ' Boyd Hirtz .7 i Signature: �� g � f/ .� L f{ /Boyd Hartz, Vice President Phone Number: (636) 38511000 \\ -Mail Address: bidcippc@sakcon.com Check if Prime Contractor is: ❑ Minority -Owned Women -Owned N/A 4 January 2021 *Per phone conversation between Rudy Jones and Ryan Hogenmiller (SAK) at 2•50 PM on June 25, 2021, there are no subcontracting opportunities with qualified DBEs for this specialized work and SAK will either be self -performing or working with specialized subcontractors on this project. 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/offerors 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? x 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. © 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. x 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? Yes ❑ No x 6 List the potential DBE subcontractors that were contacted. Only list those that are certified through the Iowa Department of Transportation. Name How (e.g. call, letter, fax, Contacted phone Response not interested, (e.g. not did not competitive) respond, e-mail) 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. 5 January 2021 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. 6 January 2021 *Per phone conversation between Rudy Jones and Ryan Hogenmiller (SAK) at 2:50 PM on June 25, 2021, there are no subcontracting opportunities with qualified DBEs for this specialized work and SAK will either be self -performing or working with specialized subcontractors on this project. 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) 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 FY 2021 Name Pipelining Phase IVA2 CIP Bid/Proposal City No. No. 1043 Assistance (if known) Agreement ID No. Point of Contact Contract Address Telephone No. Email Address Prime SAK Contractor Construction, Name LLC Issuing/Funding Entity Contract Number Item Description of Construction, Work Submitted to Equipment the Prime Contractor or Supplies Involving Price the of Work Prime Submitted Contractor to Services, DBE Certified by DOT SBA Meets/exceeds YES EPA NO standards? Unknown certification 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. IASRF6100-3 DBE Subcontractor Performance Form — Page 1 7 January 2021 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 Con • ctor ignature y` Print Name \\,, Boyd Hirtz Title Date Vice President June 30, 2021 Subcontractor Signature Print Name Title Date IASRF6100-3 DBE Subcontractor Performance Form — Page 2 8 January 2021 *Per phone conversation between Rudy Jones and Ryan Hogenmiller (SAK) at 2•50 PM on June 25, 2021, there are no subcontracting opportunities with qualified DBEs for this specialized work and SAK will either be self -performing or working with specialized subcontractors on this project. 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) 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 DBE1 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 Project Name SAK Construction, LLC FY 2021 CIP Pipelining Phase IVA2 Bid/Proposal City Contract No. No. 962 Assistance (if known) Agreement ID No. Point Boyd of Hirtz Contact Address 864 Hoff Road, O'Fallon, MO 63366 Telephone No. Email Address (636) 385-1000 bidcippc@sakcon.com Issuing/Funding Entity I have identified potential DBE certified subcontractors YES NO If the table below. If no, explain: yes, please complete please Estimated Dollar Currently DBE Subcontractor Company Address/Phone/Email Name/Company Amount Certified? Name 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. IASRF6100-4 DBE Subcontractor Utilization Form — Page 1 9 January 2021 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 set forth in 40 CFR Part 33 Section 33 302 (c). Prime Contract `ignate Print Name 7- 7 Boyd Hirtz ile Date Vice President June 30, 2021 IASRF6100-4 DBE Subcontractor Utilization Form — Page 2 10 January 2021 Attachment 10 SRF Required Front=Ernd Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT This term and condition implements 2 CFR 200.216 and is effective for obligations and expenditures of EPA financial assistance funding on or after 8/13/2020. EPA recipients and subrecipients, including borrowers under EPA funded revolving loan fund programs, are prohibited from obligating or expending loan or grant funds to: (a) Procure or obtain, extend or renew a contract to procure or obtain; (b) Enter into a contract (or extend or renew a contract) to procure; or (c) Obtain the equipment, services, or systems that use "covered telecommunications equipment or services" identified in the regulation as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list, website: https://www.sam.gov/SAM/. (1) As described in Public Law 115-232, section 889, covered telecommunications equipment or services includes: (i) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (ii) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (iii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iv) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (2) Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, Internet, video surveillance, and cloud servers are allowable except for the following circumstances: (i) Obligating or expending EPA funds for covered telecommunications and video surveillance services or equipment or services to procure (enter into, renew or extend contracts) or obtain the equipment, services, or systems as described in 2 CFR 200.216. I understand the above prohibitions and certify that the project will be in compliance with all the requirements. Boyd Hirtz, Vice President 1 /� \\,, Typed Name & Title of ut » d rized Representative re) ) �� , _ =sf June 30, 2021 Signature of Authoriz d Represent at ve Date 34 January 2021 SAK Pipeline Infrastructure. Solved."' March 9, 2021 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. rome P. Shaw, Jr, President SAK Construction, LLC State of Missouri) County of St. Charles) On this 9th day of March, in the year 2021, before me, Barbara Marler, 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. 1-30-Jr-a/k-e- (4//(6 NOTARY PUBLIC BARBARA MARLER Notary Public - Notary Seal State of Missouri Commissioned for St Charles County My Commission Expires: December 19, 2022 Commission Number: 14126252 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 Jerome P. Shaw, Jr. Boyd Hirtz Roger Archibald Steve Stulce Chairman and Chief Executive Officer President Vice President Chief Financial Officer, Secretary and Treasurer 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. BEING THE SOLE MANAGER OF THE COMPANY 1683264.3 LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF SAK CONSTRUCTION, LLC This Limited Liability Company Operating Agreement is made as of this 21st day of November, 2006 among those Persons signatories hereto. RECITALS A. The parties have fouled a limited liability company under the laws of the State of Missouri. B. The parties wish to set forth their agreement concerning the conduct of the business and affairs of such limited hability company and the relative rights and obligations of the parties in relation thereto, all as set forth herein AGREEMENT In consideration of the foregoing, the mutual covenants herein contained and other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby acicnowledged by the parties by their execution hereof) the parties agree as follows. 1. Definitions; Construction. 1.1.Definitions. For purposes of this Agreement, the following capitalized terms have the following meanings. "Act" means the Missouri Limited Liability Company Act. "Additional Mentber" has the meaning set forth in Section 10.1. "Adjusted Capital Account Deficit" means the negative balance in a Member's Capital Account as of the relevant time, adjusted to: (i) increase such Capital Account by: (a) the amount, if any, of such negative balance which such Member is obligated to restore under this Agreement; and (b) the amount, if any, of such negative balance which such Member is deemed to be obligated to restore under Treasury Regulation §§ 1.704=2(g)(1) and 1.704 2(1)(5); and (ii) reduce such Capital Account with the items described in Treasury Regulation §§1.704-1(b)(2)(ii)(d)(4), (5) and (6). "Affiliate" means: (i) any Person which, directly or indirectly, is in control of, is controlled by or is under common control with the party for whom an affiliate is being deteimned; or (ii) any Person who is a director or offices (or comparable position) of any Person described in clause (i) above of of the party for whom an affiliate is being determined For purposes hereof, control of a.Person means the power, direct or indirect to: (a) vote 10% or more of' the securities having ordinary voting power for the election of directors (or comparable positions) of such Person; or (b) direct or cause the direction of the management and policies of such Person, whether by contract or otherwise and either alone or in conjunction with others. "Agreement" means this Limited Liability Company Operating Agreement, including all Exhibits and Schedules hereto. "Articles of Organization" means the articles of organization filed with the Missouri Secretary of State's office pursuant to the Act and as herein provided for the purpose of forming the Company. "Bankruptcy" has the meaning ascribed to such term in the Act. 1269360: Nov ember29, 2006 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 comiectzon with such management, the Manager may employ on behalf of the Company or on. behalf of any Subsidiary any other Person to perfo,�u 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; 5.1.12. 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, retums or other filings that are necessary or desirable to be filed with any Governmental Authority; 5.1.I.4. bon -ow money and incur Debt on behalfofthe 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 Membeis, 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 mcurred by the Company or by any Subsidiary; 5.1.1.6. establish reasonable reserve funds from re\ enues 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 5.1.1.9. prepare the Business Plan from time to time, and any 10 5.1.1.10. invest the Company's and any Subsidiary's current assets in such investments as the Manager deems proper; • 5.1.1.11. make loans or advances to other Persons (excluding Members, the Manager, Affiliates of Members and Affiliates of the Manager), all upon temis and with such security as the Manager deems necessary under the circumstances; 5.1.1.12. do all acts which the Manager deems necessary or appropriate for the protection and preservation of the Company's of any Subsidiary's assets; 5.1.1.13. carry at the expense of the Company such insurance for public liability and other coverage (including directors and officers or comparable liability insurance) necessary or appropriate to the business of the Company and the Subsidiaries m such amounts and of such types as the Manager determines from time to time; 5.1.1.14. • make and revoke any election permitted to the Company by any Governmental Authority; 5.1.1.15. compromise, settle or submit to arbitration, and institute, prosecute and defend any and all actions or claims in favor of or against the Company or any Subsidiary or relating to the Company's or any Subsidiary's business; 5.1.1.16. obtain all permits and licenses. necessary for the operation of the Company's or any Subsidiary's business and the ownership of its assets; . 5.1.1.17. hire or appoint employees,' agents, independent contractors or officers of the Company or of any Subsidiary; 5.1.1.18. acquire by purchase, lease or otherwise any real or personal property (including securities of or interests in corporations, partnerships limited partnerships, limited liability companies or other Persons) which may be necessary, convenient or incidental' to the accomplishment of the purposes of the Company or of any Subsidiary; 5.1.1.19. construct, operate, maintain finance, improve, own,• sell, dispose of convey, assign, license mortgage or lease any real estate and any personal property necessary, convenient or incidental to the accomplishment of the purposes of the Company or of any Subsidiary; 5.1.1.20. prepay in whole or in part, refinance, recast, increase, modify or extend any Debt or any mortgages or security agreements affecting the assets of the Company or of any Subsidiary and in connection therewith execute any extensions or renewals thereof or any mortgages on the assets of the Company or of any Subsidiary, 5.1.1.21. invest or reinvest any or all of the revenues of the Company or of any Subsidiary in new assets or existing assets of the Company or of any Subsidiary; 5.1.1.22. engage in. any kind of activity necessary to, in connection with or incidental to the accomplishment of the purposes of the Company or of any Subsidiary; • 5.1.1.23. employ, when and if in the Manager's sole discretion the same is deemed necessary or advisable brokers, manages, consultants, agents, accountants, lawyers or other expert advisors, notwithstanding the fact that the Manager, an Officer, a Member or an Affiliate of any of the foregoing may have an interest in, employ or be one of the brokers, managers, consultants, agents, accountants, lawyers or other expert advisors; 11 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 fiuretions 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 connection 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. Tenn 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 term 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 occurrence 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 1\ ember 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 ot• 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 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 Uniform Limited Liabihty 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/ValidateCertificate Matt Schultz Iowa Secretary of State http://www. so s.state. ia.us/Cert/Print. aspx?cs=hodAp4F 6pEsY-cEMV sOXgTUYHfEJ2j 7n... 6/7/2011 CONTRACTOR REGISTRATION CERTIFICATF STATE OFI01NA DIVISION OF LABOR 150 Des Moines St, Des Moines, IA 50309 Phone: 515-242-5871 I FAX: 515-725-2427 www.iowacontractor.gov I contractor.registration@iwd.iowa.gov SAK CONSTRUCTION LLC 864 HOFF RD OFALLO N, MO 63366 DATE ISSUED: 10/00/2020 DATE EXPIRES: 11/21/2021 REGISTRATION NUMBER: Rod A. Roberts, Labor Commissioner itaAlrer r SAK TM 636.385.1000 636.385.1100 864 Hoff Road O'Fallon, MO 63366 Pipeline Infrastructure. Solved.' www.sakcon.com rIEMONSTRATSON OF GOOD FAITH EFFORT It is the policy of SAK to provide all MBEs and WBI=s 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: FY2021 CIP Pipelining Phase IVA2 Project: SAK provided written notice by email of its interest in receiving quotes for the City of Waterloo, IA: FY2021 CIP Pipelining Phase IVA2 project (see Attachment A) 1) List of MBE and WBF subcontractors who were contacted (see Attachment B) 2) SAK documented efforts to follow-up initial solicitation of subcontractors (see Attachment B) 3) Copy of Constant Contact Email Solicitation (see Attachment C) 4) Constant Contact Email Statistics Report (see Attachments 9.1 — D.2) a. Opened Emails b. Unopened Emails 5) SAK posted the written notice on the Small Business Administration web portal (see Attachment E) Attachment A 636.385.1000 tel 636.385.1100 fax 864 Hoff Road O'Fallon, MO 63366 Pipeline Infrastructure. Solved.' www.sakcon.com June 24, 2021 RE: Contract No.: FY2021 CIP Pipelining Phaso IVA2 Dear Subcontractor: SAK Construction, LLC is presently soliciting for the following work in connection with the above referenced project. o Bid Items 6, 103, 304, 503 o 3-FT Lateral Grouting Bid Items 7-21, 104-108, 202-205, 305-313, 402-405, 504-508 o Pipe Televising o Pipe Cleaning o Root Removal o Lumberjack o Protruding Taps Removal SAK Construction, LLC is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by 12:00 PM and June 30, 2021. Sincerely, Ryan Hogenmiller SAK Construction, LLC bidcippc@sakcon.com ATTACHMENT B LSOSInel$Deacrlition ISoScitetion Sent IFotIow-Uo (Notes 00 Not bidding r000 s &&_ea en 6/30/2021 CY r.1 IN IN IN IN IN Storm sewer, Inlets, drain tile, water main, sanitary sewer. Intake structures Traffic control Traffic Control Traffic Control Traffic Control Traffic Control LO — . : lay 2.9nconlractinN8r949rOAm011.Com IT _ 7g. k MBE WBE MBE MBE WBE WBE { Patricia J. Kimball Vaugn Miller co, Mark tong Raymond Jackson is , c 0 0. 319-233-7481 en fro 515-282-8872 815-482-8006 in ci 309-755-0600 50702 52408 § ! / § 61244 A B 1 c el u ! ! ! East Moline 2920Texas Street 1547 Michigan Street 1505 Frontenac Road 3409 Brook Ridge Ct. 1350 10th Street ( Watco Construction, Inc... Advaced traffic Control, inc. Bonnlos's Barricades, Inc. 028 Traffic Safety, Inc. Jackson Contracting, LLC Midwest Contractors, Inc, Toppert Jetting Service, Inc gN „ " " " 0 '- "' "1 - e r- e .—,,,;l;;ra;a SA s A K Pipeline Infrastructure. Solved.'" Attachment C Construction Announcement ATTENTION MINORITY BUSINESS ENTERPRISES (MBE) AND DISADVANTAGED BUSINESS ENTERPRISES (DBE) SAK Construction, LLC is seeking disadvantaged business enterprises for the Waterloo, IA - FY2021 CIP Pipelining Phase IVA2 project. The project bids on July 1, 2021 at 1:00 PM. SAK Construction, LLC is presently soliciting for the following work in connection with the above referenced project. ® Bid Items 6, 103, 304, 503 o 3-FT Lateral Grouting Bid Items 7-21, 104-108, 202-205, 305-313, 402-405, 504-508 o Pipe Televising o Pipe Cleaning o Root Removal o Lumberjack o Protruding Taps Removal SAK Construction, LLC is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by 12:00 PM and June 30, 2021. Respectfully, Ryan Hogenmiller SAK Construction, LLC bidcippc@sakcon.com SAK Construction, LLC www.sakcon.com 636.385.1000 6/30/2021 Constant Contact Attachment D Campaigns Contacts Reporting Sign-up Forms Websites & Stores Social Integrations Library Contact Us Help _® SAK Sent Waterloo, IA - FY2021 CIP Pipelining Phase IVA2 Details Reporting Copy Share on Social Email Performance See how your emails are doing with your audience. Compare your results to the industry average. Sent Open Rate 3.3% Click Rate 11 �1 Original Resend Total Original Resend Total Opens 2 Clicks 0 0 0 Sent 11 Did Not Open 9 Bounces 0 0 0 Unsubscribed 0 0 0 Successful Deliveries 6 5 11 Spam Reports 0 0 0 Desktop Open Percentage 100°%0 Mobile Open Percentage 0% Recommendations Here are some things we think would help this campaign even more. Social Share Try sharing your email in a social post to get your message out there to a broader audience. It is a free post that says "I'm here!" Create a Facebook Lead Ad People want to connect with you! Start gathering their contact information from Facebook and Instagram. Advertise on Google Reach customers searching for products or services like yours on Google and only pay for actual clicks. Click -Through Distribution When a contact clicks a link in your email, we'll show you the stats here. Original Send v Link There are no click -through stats to show yet. Send History History of this email being sent including how many people it was sent to. Unique Clicks Distribution Date Sent Count Status Mon, Jun 28, 2021 2:30 pm CDT 5 Your email has been successfully re -sent to non -openers. Fri, Jun 25, 2021 2:34 pm CDT 6 Your email has been successfully sent. Template Name: Branded-Card_BT14569A Have Feedback? © 1996 - 2021 Constant Contact, Inc. Terms & Conditions Privacy Policy Anti -Spam Policy Do Not Sell My Personal Information Share Screen https://app.constantcontact.com/pages/campaigns/email-details/reporting/activity/192157a4-1 c9f-4a35-87a8-97f8223909c5 1/1 6/30/2021 Constant Contact: Contacts Tracking Attachment D. 1 Campaigns Contacts Reporting Sign-up Forms Websites & Stores Social Integrations Library Contact Us Help _,® SAK F Back to Email Details Waterloo, IA - FY2021 CIP Pipelining Phase IVA2 Sent Fri, Jun 25, 2021 1 Item U 11 16.7% Open Rate Opened Email Address Unique Opens jacksoncontractinggroup@gmail.co m Show 50 v First Name 31% Average Open Rate Export Contacts 13% Industry Average 1q Last Name Date/Time Have Feedback? Sat, Jun 26, 2021 at 6:20 PM CDT © 1996 - 2021 Constant Contact, Inc. Terms & Conditions Privacy Policy Anti -Spam Policy Do Not Sell My Personal Information Share Screen Page 1 of 1 ..• https://app.constantcontact.com/pages/reporting/v2#reports/192157a4-1 c9f-4a35-87a8-97f8223909c5/opened 1/1 6/30/2021 Constant Contact: Contacts Tracking Attachment D.2 G1 Campaigns Contacts Reporting Sign-up Forms Websites & Stores Social Integrations Library Contact Us Help SAI< F- Back to Email Details Waterloo, IA FY2021 CIP Pipelining Phase IVA2 Sent Fri, Jun 25, 2021 5 Items 83.3% Did Not Open Rate Did Not Open v 69% Average Did Not Open Rate Email Address First Name Last Name vmiller@advanced-traffic.com barricades@netzero.com deb@toppert.com dorinda.mwc@cfu.net info@d2ktraffic.com Show 50 v Have Feedback? Export Contacts 81% Industry Average a © 1996 - 2021 Constant Contact, Inc. Terms & Conditions Privacy Policy Anti -Spam Policy Do Not Sell My Personal Information Share Screen Page 1 of 1 ... ... 000 ... ... https://app.constantcontact.com/pages/reporting/v2#reports/192157a4-1c9f-4a35-87a8-97f8223909c5/unopened 1/1 6/24/2021 SBA SubNet Attachment E 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 - 2021 CIP Division/Department: PIPELINING PH IVA2 * Solicitation POC * First Name: Theresa * Last Name: Messer *Preferred Means of Communication: O Phone Email 0 Both *What Type of Business are you looking for? (Check all that apply.) Phone: 636-385-1000 To add, edit and delete Business Types please email Subnet@SBA.gov Women -Owned Small Business Ext: 1000 Fax: 636-385-1100 Disadvantaged Business Enterprise (DBE) Email: C Small Business with Top Secret Security Clearance/Sensitive Compartmented Information (TS/SCI) n Small Business with Top Secret Security Clearance (TS) C Small Business with Secret Security Clearance (SC) ® Small Business (SB) n SBA Certified HUBZone Small Business (HUBZone SB) bidcippc@sakcon.com * Place of Performance: *State Georgia Guam Hawaii Iowa O SBA Certified 8a Program Participant ri Small Disadvantaged Business (SDB) Women -Owned Small Business under the SBA Women -Owned Small Busito Area: Program Economically Disadvantaged Women Owned Small Business O Veteran -Owned Small Business (VOSB) 15 Service -Disabled Veteran -Owned Small Business (SDVOSB) InAlaskan Native Corporations (ANC) and Indian Tribe O Tribally Owned IS Native Hawaiian Org (NHO) Owned Spencer Spirit Lake Storm Lake Waterloo 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 C Economically Disadvantaged Women -Owned Small Business under the Wiriirmance Start Date--> Mandatory for Solicitaion/ Non - Owned Small Business Program n Women -Owned Small Business Joint Venture 08/10/2021 C Economically Disadvantaged Women -Owned Small Business Joint Venture Select All *NAICS Code: 237110 Enter or Look up Water and Sewer Line and Related Structures Construction Additional NAICS Code: Enter or Look up Mandatory for NSS *Performance Start Date: 1i (mm/dd/yyyy) *Closing Date: (Not more than a year from today.) *Date: 07/01/20211(mm/dd/yyyy) *Time: 1:00 O AM @PM *Time Zone: Central Time v Please click the "Look Up" Zink to add and enter an additional NAICS or Cut and Paste the NAICS in the Additional NAICS field below Attached Files: Additional NAICS List: /Waterloo IA,- Subcontractor Solicitation.pdf Delete *Brief Solicitation Description (50 words): Brief Description will display in search results. Add an attachment by clicking the Next button below. B I U - - - - Paragraph - Font Family - Font Size a-11 I. A. I' SAK Construction, LLC is presently soliciting for the following work in connection with the above referenced project. s Bid Items 6, 103, 304, 503 o 3-FT Lateral Grouting Rid Tfomc 7_`)1 1 nn_i no ')n')_-mc nn')_nnc 1nn_LfQ Upload File Post List of Sol/NSS Last modified: 03/20/2019 12:00:00 AM SBA Processing: 0.297 seconds Version: 2.0 https://ewebl.sba.gov/subnet/dsp_welcome.cfm?VerifyPassoff=1 F15B8C86BD752BFC1 FA2069AD60F2CE80641 B0496E085FCAE87DA0924D8FDE 1/1