HomeMy WebLinkAboutYoung Plumbing and Heating-10/14/2013CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
CONTRACT
for
Young Arena Dehumidification Project
This Contract made and entered into this 14th day of October 2013, by and between the
City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and
Young Plumbing and Heating, hereinafter referred to as Contractor,
WITNESSETH:
Par. 1 The Contractor shall furnish all supervision, technical personnel, labor,
materials, and equipment to perform all work required for the Young Arena
Dehumidification Project described in the specifications and shown on the plans.
Par. 2 The Contract Documents shall consist of the following:
a. This Agreement
b. Notice of Hearing
c. Signed Copy of Bid
d. Specifications
e. Performance Bond
d. Payment Bond
These documents form the Contract and are all fully a part of the Contract as if attached
to this Contract or repeated herein.
Par. 3 The Contractor agrees to commence the work within forty-five (45) days
after the issuance of "Notice to Proceed" and complete the work within the given time
frame.
Par. 4 The Contractor agrees to comply with and obey all ordinances of the City
of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open
passageways for water, traffic and protecting any excavation in any street or alley and
maintaining proper and sufficient barricades with lights and signals during all hours of
darkness and agrees to see that the backfilling is properly done and agrees to keep the
City whole and defend any suits that may be brought against it by reason of any injuries
that may be sustained by any person on account of doing this work by the Contractor and
any agents of the Contractor.
Par. 5 The Contractor agrees that in case a suit is brought against the City for
damages sustained by reason of any act, omission or negligence of the Contractor or its
agents or on account of any injuries sustained by reason of any obstruction, hole,
depression or barrier placed or dug by the defendant or its agents in the doing of the work
herein contracted for, that it will defend said suit and save the City harmless therein and
in case judgment is rendered against the City, the Contractor agrees to pay the same
CONTRACT page 1 of 2
promptly and agrees to carry public liability insurance in a solvent company in a
sufficient amount to protect the City and any and all persons who may use the project.
Par. 6 The Contractor shall have no cause of action against the City on account of
delays and prosecution of work, but if the work is delayed by the City, the Contractor may
have extra time for the completion of the job as was lost by reason of the delay caused by
the City.
Par. 7 The Contractor agrees to pay punctually all just claims of labor, material,
men or Subcontractors, who perform labor or furnish materials entering into this
improvement. It is agreed that the City need not pay the Contractor until all such claims
are paid by the Contractor and lien waivers are received. It is agreed that the City shall
bear no liability for payments due for labor or materials under this contract.
Par. 8 In consideration of the full compliance on the part of the Contractor with
all the provisions, stipulations and conditions hereof, or contained in the various
instruments made a part of this Contract by reference, and upon completion and
acceptance of the work, the City agrees to pay the Contractor:
Sum of Four Hundred Twenty Nine thousand Eight hundred thousand ($429,800.00)
City of Waterloo, Iowa,
est G. Clark, Mayor Suzy Schare
Contractor:
Young Plumbing and Heating
Name of Contractor
B X11
Y:
City Clerk
Printed Name
Approved by the City Council of the City of Waterloo, Iowa, this j day of
ATTEST:
2013.
City Clerk
CONTRACT page 2 of 2
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. IAC 66283
AMA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Young Plumbing & Heating Co
750 SO HACKETT ROAD
WATERLOO, IA 50701
OWNER (Name and Address):
SURETY (Name and Principal Place of Business):
Merchants Bonding Company (Mutual)
2100 Fleur Drive
Des Moines IA 50321-1158
City of Waterloo
715 Mulberry St.
Waterloo, IA 50703
CONTSTRUCTION CONTRACT
Date: October 14, 2013
Amount: $429,800.00
Description (Name and Location): Young Arena HVAC Upgrade Project
BOND
Date (Not earlier than Construction Contract Date): October 14, 2013
Amount: $429,800.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
Young Plumbing & Heating Co
Signature:
Name and Title: Tv, s -r y
None
0 See Page 3
SURETY
(Corporate Seal) Company: (Corporate Seal)
Merchants Bonding Company (Mutual)
(Any additional signatures appear on page 3)
Signature.
Name and Title: Janet Willard
Attorney -In -Fact
(FOR INFORMA7!ON ONLY— Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
PEDERS EN -DO W IE-CLABBY
McCausland Ins, PO Box 2597
Waterloo, IA 50704
319-234-8888
MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-1984 1
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under
this Bond, except to participate in conferences as provided
in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after.
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10
below that the Owner is considering declaring a
Contractor Default and has requested and attempted
to arrange a conference with the Contractor and the
Surety to be held not later than fifteen days after
receipt of such notice to discuss methods of per-
forming the Construction Contract. If the Owner, the
Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to
declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Con-
struction Contract itself, through its agents or through
independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1
After investigation, determine the amount for
which it may be liable to the Owner and, as soon
as practicable after the amount is determined,
tender payment therefore to the Owner, or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 If the surety does not proceed as provided in Para- graph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of
an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety had denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1,4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for.
6.1 The responsibilities of the Contractor for cor-
rection of defective work and completion of the Con-
struction Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the
Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non-
performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall accrue
on this Bond to any person or entity other than the Owner
or its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, inclu-
ding changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obli-
gations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to
perform its obligations under this Bond, whichever occurs
first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ®
THE AMERICAN INSTITUTE OF ARCHITECHTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 When this Bond has been fumished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in
this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The
intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
have been made including allowance to the
Contractor of any amounts received or to be
received by the Owner in settlement of insurance or
other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments
made to or on be- half of the Contractor under the
Construction Contract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig—
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: Young Plumbing & Heating Co.
(Corporate Seal)
Signature: ,-77
Name and Title: i d;: s ,�a7�
Address:
750 S. Hackett Road
Waterloo, IA 50701
SURETY
Company:
Signature:
Name and Title: Janet Willard, Attorney—In—Fact
Address: Pedersen Dowie Clabby McCausland Ins
PO Box 2597
Waterloo, IA 50704
Merchants Bonding Company (Mutual)
(Corporate Seal)
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W. WASHINGTON, D.C. 20006
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. IAC 66283
AMA Document A3 1 2
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Young Plumbing & Heating Co
750 SO HACKETT ROAD
WATERLOO, IA 50701
OWNER (Name and Address):
SURETY (Name and Principal Place of Business):
Merchants Bonding Company (Mutual)
2100 Fleur Drive
Des Moines IA 50321-1158
City of Waterloo
715 Mulberry St.
Waterloo, IA 50703
CONTSTRUCTION CONTRACT
Date: October 14, 2013
Amount: $429,800.00
Description (Name and Location): Young Arena HVAC Upgrade Project
BOND
Date (Not earlier than Construction Contract Date): October 14, 2013
Amount: $429,800.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
Young Plumbing & Heating Co
(Corporate Seal)
Signature:
Name and Title: i`- r , s ��
(Any additional signatures appear on page 6)
❑ None ® See Page 6
SURETY
Company: (Corporate Seal)
Merchants Bonding Company (Mutual)
Signature. a*raN \SSAIA
Name and Title: Janet Willard
Attorney -In -Fact
(FOR INFORMATION ONLY — Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other
Party):
PEDERSEN-DO WIE-C LABBY
McCausland Ins, PO Box 2597
Waterloo, IA 50704
319-234-8888
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006
A312-1984 4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrator,
successors and assigns to the Owner to pay for labor,
materials and equipment fumished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnities, and holds harmless the
Owner from all claims, demands, liens or suits by any
person or entity who fumished labor, materials or
equipment for use in the performance of the
Construction Contract, provided the Owner has
promptly notified the Contractor and the Surety (at
the address described in Paragraph 12) of any
claims, demands, liens or suits and tendered defense
of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no
Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond
and, with substantial accuracy, the amount of the
claim.
4.2 Claimants who do not have a direct contract with
the Contractor.
.1 Have fumished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last per-
formed labor or last fumished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the mater-
ials were fumished or supplied or for whom
the labor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of fumishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent
a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
fumished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the
basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the
Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy
claims, if any, under any Construction Performance Bond.
By the Contractor fumishing and the Owner accepting this
Bond, they agree that all funds eamed by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to
use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall
not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond
no obligations to make payments to, give notices on
behalf of, or otherwise have obligations to Claimants
under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or
to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the work
is located or after the expiration of one year from the date
(1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the
last labor or service was performed by anyone or the last
materials or equipment were fumished by anyone under
the Construction Contract, whichever of (1) or (2) first
occurs. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the
suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the
address shown on the signature page.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006
A312-1984 5
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in
this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The
intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
14 Upon request by any person or entity appearing to be
a potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to fumish labor, materials or
equipment for use in the performance of the Contract.
The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment"
that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
fumished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract
Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Section 6 is modified by adding section 6.3.
6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of
defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its
obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant
incurs to recover any sums found to be due and owing to the Claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
company: Young Plumbing & Heating Co.
(Corporate Seal)
Signature
Ji!r��y
Name and Title: i W r s;e4'�.,r
Address: 750 S. Hackett Road
Waterloo, IA 50701
SURETY
Company: Merchants Bonding Company (Mutual)
(Corporate Seal)
Signature: :Q j'r&
Name and Title: Janet Willard, Attorney In Fact
Address: Pedersen Dowie Clabby McCausland Ins
PO Box 2597
Waterloo, IA 50704
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006
A312-1984 6
MERCHANT
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Bond #: IAC 66283
Janet Willard
of Waterloo and State of IA their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TWENTY MILLION ($20,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 4th day of October , 2013 ,
STATE OF IOWA
COUNTY OF POLK ss.
••®`N•AA•
s
-O
•
®h O•..�•
• aSt 1933 c'
• s J. ��Y•
d
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By
774,
President
On this 4th day of October , 2013 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
STATE OF IOWA
COUNTY OF POLK ss.
MARANDA GREENWALT
Commission Number 770312
o,e My Commission Expires
October 28, 2014
44,6
Notary Public, Polk County, Iowa
I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 14th day of October , 2013 .
POA 0014 (11/11)
Secretary
SECTION 00 2122
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 contractor, 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 fo 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 fumish 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
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,
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.
Young Arena
HVAC Upgrades
Waterloo, IA
00 2122
EQUAL OPPORTUNITY CLAUSE
Page 1 - 2
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, national
origin, economic status, age, mental or physical disabilities.
Young Arena
HVAC Upgrades
Waterloo, IA
Signed:
ApprpriatefrOffi I
Title
END OF SECTION
lL. Air _ , 3
Date
00 2122
EQUAL OPPORTUNITY CLAUSE
Page 2 - 2
STATE OF
SECTION 00 2120
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
)
COUNTY OF
74 V:5
THAT:
, BEING FIRST DULY SWORN, DEPOSES AND SAYS
HE IS (OWNER), (PARTNER), (OFFICER), (REPRESENTATIVE), OR (AGENT) OF
- THE BRAT HAS SUBMITTED THE ATTACHED BID;
HE IS FULLY INFORMED RESPECTING THE PREPARATION AND CONTENTS OF THE
ATTACHED BID AND OF ALL PERTINENT CIRCUMSTANCES RESPECTING SUCH BID;
SUCH BID IS GENUINE AND IS NOT A COLLUSIVE OR SHAM BID;
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 ADVANTAGEAGAINST THE CITY OF
WATERLOO, IOWA, OR ANY PERSON INTERESTED IN THE PROPOSED CONTRACT; AND THE
PRICE OR PRICES QUOTED IN THE ATTACHED BID 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.
SIGNATURE
TITLE
SUBSCRIBED AND SWORN TO BEFORE ME THIS I Is DAY OF Q r %010 • , 201
Young Arena
HVAC Upgrades
Waterloo, IA
00 2120
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
Page 1 - 2
Signature Title
My commission expires 31 a $ 1 t 5
Young Arena
HVAC Upgrades
Waterloo, IA
END OF SECTION
00 2120
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
Page 2 - 2