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HomeMy WebLinkAboutAutomatic Systems Co - FY16 Water Poll. Control Cont # 929-8/14/2017FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2016 WATER POLLUTION CONTROL FACILITIES UPGRADE TO INSTRUMENTATION AND CONTROLS SYSTEMS CITY OF WATERLOO, IOWA CITY CONTRACT NO. 929 1 -k This contract made and entered into this I day of 20 ` by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and _ Automatic Systems Co. of Ames, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2016 WATER POLLUTION CONTROL FACILITIES, UPGRADE TO INSTRUMENTATION AND CONTROLS SYSTEMS, CITY CONTRACT NO. 929 and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship -like manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work after receipt of "Notice to Proceed" and at the date shown in the schedule of work submitted by the contractor at the preconstruction conference and approved by the Engineer. All items shall be completed on or before June 30, 2018, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 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 passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades FORM OF CONTRACT AECOM 60438627 CONTRACT NO. 929 C-1 OF 3 PAR. 8 with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly 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 promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall 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. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 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 said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT AECOM 60438627 CONTRACT NO. 929 C-2 OF 3 PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $652,000.00. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk 4110 AUTOMATIC SYSTEMS CO. CONTRACTOR BY: Title: President Approved by the City Co cil of the City of Waterloo, Iowa, this 11��^ day of ATTEST: FORM OF CONTRACT AECOM 60438627 , City Clerk Waterloo, Iowa CONTRACT NO. 929 20(.� C-3 OF 3 PERFORMANCE BOND Bond Number S450419 KNOW ALL MEN BY THESE PRESENTS: That we, Automatic Systems Co of 2740 Ford St Ames, IA 50010 (the "Principal"), and Employers Mutual Casualty Company of PO Box 712 Des Moines, IA 50306 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of _ Six Hundred Fifty Two Thousand & 00/100 Dollars ($ 652,000.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2016 WATER POLLUTION CONTROL FACILITIES, UPGRADE TO INSTRUMENTATION AND CONTROL SYSTEMS, CITY CONTRACT NO. 929. The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PERFORMANCE BOND AECOM 60438627 CONTRACT NO. 929 PFB-1 of 2 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of/G,?,. 3 /0/ 7 . PRINCIPAL SURETY Automatic Systems Co Employers Mutual Casualty Company Name By: Name By: Title: Bruce Wirth President Title: ' Jill Shaffer At o ne y -in -fa ct [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PERFORMANCE BOND AECOM 60438627 CONTRACT NO. 929 PFB-2 of 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Automatic Systems CO (Name of Contractor) 2740 Ford St Ames, IA 50010 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Employers Mutual Casualty Company PO Box 712 Des Moines, IA 50306 (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF WATERLOO IOWA (Name of Owner) 715 MULBERRY STREET, WATERLOO IOWA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Six Hundred Fifty Two Thousand & 00/100 Dollars,($ 652,000.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 a copy of which is hereto attached and made a part hereof for the construction of: FY 2016 WATER POLLUTION CONTROL FACILITIES UPGRADE TO INSTRUMENTATION AND CONTROLS SYSTEMS CITY OF WATERLOO, IOWA CITY CONTRACT NO. 929 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its PAYMENT BOND AECOM 60438627 CONTRACT NO. 929 PB -1 of 2 obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in 4 (four) counterparts, each one of which shall be deemed an original, this the ATTEST: /� (number) ) 36' day of ALi6- vs 7- , 20 t 7 . Lan - tewart drSc paSecretary & Vice President (SEAL) (s) W' ness as to Principal 2740 Ford St Ames, IA 50010 (Address) Automatic Systems CO By Principal Bruce Wirth, President 2740 Ford St (Address) Ames, IA 50010 Employers Mutual Casualty Company Sgrety ATTEST: By, (�� Ji1�5haffer.Attorney-i�iF act ,) c K ('4\i -1 ti'ki'_k_\ PO Box 712 Witness as te'Surety (Address) 4200 University Avenue #22 West Des Moines, IA 50266 Des Moines, IA 50306 (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND AECOM 60438627 CONTRACT NO. 929 PB -2 of 2 ®EMC INSURANCE THE FACE AND REVERSE OF THIS DOCUMENT HAVE A COLORED FLAG ON WHITE PAPER P.O. Box 712 • Des Moines, IA 50306-0712 No. C09396 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: PATRICK K. DUFF, GREG T. LAMAIR, MARK E. KEAIRNES, NANCY D. BALTUTAT, JEFFREY R. BAKER, JOSEPH 1. SCHMIT, JILL SHAFFER, CHRISTOPHER R. SEIBERLING 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an lowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: In an amount not exceeding Ten Million Dollars $10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and eff ect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 3rd day of AUGUST 2017 Es,\NINES, \OSP I, James D. Clough, Vi and this Power of Attorney i PATRICK K. DUFF, GREG T. KATHY LOVERIDOE Commission Number 780769 My Commission Ewlres October 10, 20V res G. Kelley, ghairman of Companies 2, 3, 4, 5 & fi; President of Company 1; Vice Chairman and CEO of Company 7 Todd Strother Vice President On this 3rd day of AUGUST AD 2017 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Todd Strother, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Vice President, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; That said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2019. U I�L!/I.LCJ Notary P is in and for the State of I dNa CERTIFICATE e President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, sued pursuant thereto on AUGUST 3, 2017 on behalf of: AMAIR, MARK E. KEAIRNES, NANCY D. BALTUTAT, JEFFREY R. BAKER, JOSEPH I. SCHMIT, JILL SHAFFER, CHRISTOPHER R. SEIBERLING are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 7832 (1216) "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." Vice President EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, EQUAL OPPORTUNITY CLAUSE AECOM 60438627 CONTRACT NO. 929 EOC-1 of 2 subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. EQUAL OPPORTUNITY CLAUSE AECOM 60438627 (Signed) (Appropr(te-‘7 ficial) President (Title) September 29, 2017 (Date) CONTRACT NO. 929 EOC-2 of 2 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( X ) General Contractor ( ) Subcontractor Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Automatic Systems Co. Address of Company 2740 Ford Street, PO Box 787, Ames IA Zip 50010 Telephone Number ( 515 ) 232-4770 Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) 42-1324422 Name of Project Water Pollution Control Facilities Upgrade to Instrumentation & Control System Project Contract Number 929 Estimated Construction Work Dates 10/15/2017 / 06/30/2018 Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( ) Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. -1 - 1. The Owners and/or Principals of your company: Name Bruce Wirth Address 2400 West County Road D St. Paul, MN 55112 Position President Ethnic Sex Origin M English 2400 West County Road D Lane Stewart St. Paul, MN 55112 Vice President M English 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Name N/A Type of Address Affiliation Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. Automatic Systems Co. (Name of Company) -2 - will give training and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. III. AFFIRMATIVE ACTION A. Automatic Systems Co. recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and Automatic Systems Co. (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. C. Automatic Systems Co. will undertake the (Name of Company) following six (6) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. Automatic Systems Co. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. D. Automatic Systems Co. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. -3 - F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. Automatic Systems Co. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. H. Automatic Systems Co. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") J. 1. Bid requests were placed with Carter Electric and 2. Culpepper Electric for electrical subcontract work. No response was received. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. NONE 2. Automatic Systems Co. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non - minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. Automatic Systems Co. will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: N. Minority Parity = .08 (8%) Automatic Systems Co. (Name of Company) -4 - Affirmative Action Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 201 7, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: 0* * Specialized nature of this project did not allow for additional involvement by subcontractors meeting the Affirmative Goals for Women: 0* % Action Goals of this project. *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 201 . Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984- 142(4). -5 - CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H -6 We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Conipany'Executive September 29. 2017 Date By f Equal Employment Opportunity Officer September 29, 2017 Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: -7 ® A `CORA L.---- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDITYYYI 8/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER LMC Insurance & Risk Management, Inc. 4200 University Ave., Suite 200 West Des Moines IA 50266-5945 CONTACT NAME: Stacy Ferguson PHONE No.EaU• 515-558-0744 INC No); 515-244-9535 E-MAILADDRESS•stacy.ferguson@Imcins.com LIMITS INSURER(S) AFFORDING COVERAGE NAIC /I INSURER A :Cincinnati Insurance Company 10677 INSURED AUTOSYS-01 Automatic Systems Co. P 0 Box 120359 St Paul MN 55112 NSURER s :North River Insurance Company 21105 INSURER C: EACH OCCURRENCE INSURER D: DAMAGE PREM SESO(EaEoccur occurrence) INSURER E : INSURER F : CLAIMS -MADE •1436556927 • V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVV1THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR MD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP IMM/DD/YYYYI LIMITS A y, COMMERCIAL GENERAL LIABILITY Y EPP0211977 9/30/2016 9/30/2017 EACH OCCURRENCE $500,000 DAMAGE PREM SESO(EaEoccur occurrence) $500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $500,000 GENERAL AGGREGATE $1,000,000 GE 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JECOT PER: X LOC PRODUCTS-COMP/OPAGG $1,000,000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED HIRED AUTOS Drive Ot Car X SCHEDULED NON -OWNED AUTOS EPP0211977 9/30/2016 9/30/2017 lO BIINED%INGLE LIMIT $1000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acddent) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EPP0211977 9/30/2016 9/30/2017 EACH OCCURRENCE $6,000,000 AGGREGATE $6,000,000 $ DED RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN NIA EWC 0405238 9/30/2016 9/30/2017 X STATUTE OTH- ER EL, EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 B Errors & Omissions 9242216568 9/30/2016 9/30/2017 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it mo a space Is requl ed) RE: FY2016 Water Pollution Control Facili ies, Upgrade to instrumentation and controls systems Certificate holder is an Additional Insured - primary and non-contributory - including products and completed operations - automatic status when required in Contract with respects to the General Liability policy per form GA472 (10/01) Cancellation Notification - 30 Days with respects to the General Liability and Auto Liability policies per form IA4087 (08/11) See Attached... CELLATION City of Waterloo, Iowa 715 Mulberry Street Waterloo IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO® AGENCY CUSTOMER ID: AUTOSYS-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY LMC Insurance & Risk Management, Inc. NAMED INSURED Automatic Systems Co. P O Box 120359 St Paul MN 55112 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Cancellation Notice - 30 days with respects to the Workers Compensation policy per form WC980630A ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Letter of Transmittal TO: Mr. Steve Hoambrecker, PE Waterloo Wastewater Treatment Plant 3505 Easton Avenue Waterloo, Iowa 50702 WE ARE SENDING YOU: IE Attached ❑ Prints ❑ Shop Drawings 0 Change Order O Copy of Letter ❑ AECOM DATE: October 4, 2017 JOB ID NO. 60438627 ATTENTION: RE: FY 2016 Upgrade to Instrumentation and Controls Water Pollution Control Facility City Contract No. 929 4 ❑ Under Separate Cover Via O Plans 0 Samples the following items: 0 Specifications COPIES DATE NO. DESCRIPTION 4 Contracts for Above -Referenced Project ., 4 5 1. U o �o RECEIVED f� — OC LIII/ .7"...H 2 dzr-----"4 THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval ❑ For Your Use ❑ Approved as Submitted O Approved as Noted ❑ As Requested 0 Returned for Corrections ❑ For Review and M For Signature Comment ❑ Resubmit Copies for Approval ❑ Submit Copies for Distribution ❑ Return Corrected Prints O For Bids Due 20 0 Prints Returned After Loan to Us REMARKS: Hi Steve --- Enclosed are four (4) copies of the contract between the City of Waterloo and Automatic Systems on the above -referenced project. Please have the Mayor and other appropriate designees sign and date all four (4) copies of the documents where they are tabbed. After signatures and dates are obtained, a fully -executed copy should be provided to the City for their files, you should keep a complete copy for your files, and the remaining two (2) copies should be returned to AECOM for further processing. We will forward a fully -executed copy to Automatic Systems and keep the remaining copy for our files. If you have any questions, please let us know. Thank you. i COPY TO: RAH:blc SIGNED: If enclosures are not as noted, kindly notify us at once. 1 J Ross A. Hillsman, PE 501 Sycamore Street, Suite 222 • P.O. Box 1497 • Waterloo, Iowa 50704-1497 • (319) 232-6531 • Fax: (319) 232-0271