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HomeMy WebLinkAboutBoomerang Corpo - Dry Run Creek Interceptor, Cont no. 877 - 12/2/19FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, IOWA CONTRACT NO. 877 This contract made and entered into this day of iJe - - , 20 1`1 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Boomerang Corp. of Anamosa, Iowa , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 Contractor agrees to build and construct the DRY RUN CREEK INTERCEPTOR, Contract No. 877, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike 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. 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. 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. 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. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before November 30, 2020 unless an extension of time is granted in writing by the Council of the City. 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. 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 FORM OF CONTRACT NO. 877 C-1 OF 4 AECOM #60330823 (2019) DRY RUN CREEK INTERCEPTOR PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 barricades 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. 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. 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. 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. 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. 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. 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. FORM OF CONTRACT NO. 877 C-2 OF 4 AECOM #60330823 (2019) DRY RUN CREEK INTERCEPTOR 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. 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 $4,267,662.00. 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. FORM OF CONTRACT NO. 877 C-3 OF 4 AECOM #60330823 (2019) DRY RUN CREEK INTERCEPTOR 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 Le/L- ity Clerk BOOMERANG CORP. Contractor BY: ti.b �� 44 Title:�� P t J tC Cx\ Approved by the City Council of the City of Waterloo, Iowa, this " day of N, 20 ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT NO. 877 C-4 OF 4 AECOM #60330823 (2019) DRY RUN CREEK INTERCEPTOR BOND NUMBER: 54228374 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Boomerang Corp Of 12536 Buffalo Road, Anamosa IA 52205 (the "Principal"), and United Fire & Casualty Company of 118 Second Avenue SE PO Box 73909, Cedar Rapids IA 52407-3909 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Four Million Two Hundred Sixty Seven Thousand Six Hundred Sixty Two Dollars and Zero Cents Dollars ($ 4,267,662.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about `-2- (2_ / t. for the purpose of Dry Run Creek Interceptor, City Contract No. 877, in Waterloo, Iowa . 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. 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. PERFORMANCE BOND CONTRACT NO. 877 PFB-1 OF 2 AECOM #60330823 (2019) DRY RUN CREEK INTERCEPTOR Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHIEOF, the undersigned Principal and Surety have executed this Performance Bond as of - (2-/l� PRINCIPAL Boomerang Corp Name ®®__ By: -- GGt G ig, Title: V 1 tfc, r e l%&.Y\ SURETY Unit' ire & Cas .ItyCompany By: Title: Attorney In Fact [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 CONTRACT NO. 877 PFB-2 OF 2 AECOM #60330823 (2019) DRY RUN CREEK INTERCEPTOR PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that a Corporation BOOMERANG, CORP. (Name of Contractor) 12536 Buffalo Road, Anamosa, Iowa 52205 (Address of Contractor) (Corporation, Partnership or Individual) and, United Fire & Casualty Company (Name of Surety) 118 Second Avenue SE, PO Box 73909, Cedar Rapids IA 52407-3909 BOND NUMBER: 54228374 hereinafter called Principal, (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street, Waterloo IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Four Million Two Hundred Sixty Seven Thousand Six Hundred Sixty Two Dollars and Zero Cents Dollars ($ 4,267,662.00 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 ZVn-1 day of b' 'tLL4— , 20 n a copy of which is hereto attached and made a part hereof for the construction of: DRY RUN CREEK INTERCEPTOR CITY CONTRACT NO. 877 WATERLOO, IOWA 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. PAYMENT BOND CONTRACT NO. 877 PB-1 OF 2 AECOM #60330823 (2019) DRY RUN CREEK INTERCEPTOR 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 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 counterparts, each one of which shall wv� (number) be deemed an original, this the 4 day of 20M ATTEST: <) j1 Lt.A, ,2 " (Principal) Secretary (SEAL) akc Witness aPrincipal \2C5310 BUfQ.1c (Address) i1( MbScA, l 1 ATTEST: 1�. By Witness as to urety Cris Karr - Senior Account Manager The Accel Group 3100 Oakland Rd NE, Cedar Rapids IA 52402 (Address) Boomerang Corp Principal By 'Jii te- g✓i . 12536 Buffalo Road (Address) Anamosa IA 52205 Uni a re & Casu lty Company I Anfliat Attorney-i _ T' Cassandra J. Daley - Attorney In Fact 3100 Oakland Rd NE Cedar Rapids IA 52402 (Add (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 CONTRACT NO. 877 PB-2 OF 2 AECOM #60330823 (2019) DRY RUN CREEK INTERCEPTOR (s) quirks: Surety Department 11S Second Ave SE Cedar Rapids, IA 52401 ,UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UIO(W UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA INSURANCE ; CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company T See Certification) KNOW ALL PERSONS BY THESE °PRESENTS, That United Fire & Casualty Company,.a corporation duty organized and existing under the Taws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized' and existing under the laws of "the State of Texas; and Financial Pacific Insurance Company, a;corporation duly organized and 'existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint TIMOTHY J. GASSMANN, KEVIN.S. MEASE, CASSANDRA J. DALEY, JEN.NIFER J. FREYMARK, JOAN A. BONEWITZ, MICHAEL L. BYL,'LORI : FRERI.CHS, KATPE A. MCGLAUN; ANDREW J- SCANLON,; MEGAN A. KUKER DEB.ORAH L`. PEDRICK, GLENDA'R. TIBBEN,NORMA J. CREIGHTON, EACH INDIVIDUALLY their .true and lawful'Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,. undertakings' and other. obligatory instruments of similar nature provided that no single obligation shall exceed $2{I , 000 , O00.00 and to bind the Companies thereby as fully and to the same extent as if. such instruments were signed by the; duly authorized;; officers: of the Companies • and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 1st day of January, ;20.20 unless sooner revoked Company, United Fire Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to toile; appoint by ?written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the,' Companies, to be >,-alid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of. forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. State of Iowa, County of Linn, ss: by United Fire & Casualty IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its >s`ti1c Nsv'''''' vice president and its corporate seal to be hereto affixed this 1st day of January, 2018 r'�04`POA.4> of ,JAY 22 1986 '= gO11111tlPPPO\\` UNITED FIRE & CASUALTY COMPANY:' UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By Vice President On 1st day of January; 2018; before me personally came Dennis J. Richmann. to me known, who being by me duly sworn, did depose and say; that he` resides in Cedar Rapids, State of Iowa; that lie is a Vice President of United Fire • & Casualty Company. a Vice President of United Fire• & • Indemnity Company, and a Vice President of Financial Pacific Insurance Company the. corporations' described nn and which executed the above instrument; that he knows the seal of said corporations.; that the seal affixed to the said instrument is such corporate seal; that it Was: so affixed pursuant to authority given by the Board of. Directors; of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to: be the act and deed of said corporations. • pyk Patti Waddell Iowa Notarial Seal Commission number 713274 My Commission Expires 10/26/2019 (6 " 1 G24 ©tary Public, My commission expires: 1072G.12019 I, Mary A Bertsch, Assistant Secretary of,[Inited Fire & Casualty Company. and Assistant Secretary of United Fire &.lndenuiity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing; copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in'said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been: revoked and is now in full force and effect. In testimony whereof I have. hereunto subscribed my name and affixed the corporate seal of the said Corporations,. this . day of 20 t`1y18.111111111,r castlq, fzYtij I iN5 5 BPOA0045 122017 Assistant Secretary, OF&C & OF&I<& FPIC This paper has a colored background and void pantograph. Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ( General Contractor Subcontractor Section A to be completed by GENERAL CONTRACTORS only: A. } Name of Company 'CA/vlC +f ( v"1C CL'i t i j3u' 6,-;136.110 Address of Company Arvtwy.,,(,_0. Zip r) - C Telephone Number (;Its ) D. 613 Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) --15t41ti-1 Name of Equal Employment Officer Name of Project V C;&. Ai'0 ; C sti c Project Contract Number TJ Estimated Construction Work Dates / 11 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 The Owners and/or Principals of your company: 1 Ethnic Name Address Position Sex Origin =)•�oii • icA-ii.. t, iti Ili Ljr (.L. \2,.i C,“-IC-k 3 CIF \ 61- � • vt,, k\ v`1 .. bU'q L L- `At) ` 1 ' _ tart"s i)i-- {<y`Y\io�4 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 k4 4— Address Type of 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. (-(_ ,1\e c� �`t ._�� v, will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. -2- III. AFFIRMATIVE ACTION A. C,Y:iti"i-W;,/C,v ' recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and ?>C‘C,v'1W,ti ('. r-j (64) () (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=v ' Y (1,V\Ca CC v e will undertake the (Name of Compny) 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. C. Cs (1 (Name of Company whatever steps are necessary to female, and local representation. attempts: p will take ensure that our total work force has adequate minority, We will utilize the following methods in our recruitment 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. )CC. iC ,`Ckt%t (\ ('(''v': will seek qualified minority, (Name of Company) " female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. Vi( (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. (C..% v (:)• will encourage other 3 H. Colii=> has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") 1. PC (C v i% cL C -v i L ,o 2. Li 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") c(\-"I-) 2. J. c ;C;t V'r0-Y��� ft N 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. lC vvlti'.-V'C'= t~ C C_> ( will keep records of (Name of Copany) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) %t C \ �ti. Syr\ C �- °� N. � �l- (�1 � � Affirmative Action (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 20, 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: << Goals for Women: R OA -4- INDICATE: *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 201a. 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). CONTRACTOR'S TOTAL WORK FORCE —J r- «\\0-1-`�e (WATERLOO) DISABLED VETERAN: DV VIETNAM ERA VETERAN: W HANDICAPPED: H 5- We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. City of Waterloo Affirmative Action Officer Approved Disapproved Reason: Respectfully submitted, By: By: g--/-L44„ Company Executive i\- a 5-11 Date Equal Employment Opportunity Officer `- j- Date By: Date: -s C AORO® CERTIFICATE OF LIABILITY INSURANCE ❑IDD/YYYY) ATE 11/251/25t/2019 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 policy(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 1-800-300-0325 Holmes Murphy & Assoc - CR 201 First Street SE, Suite 700 Cedar Rapids, IA 52401 Collin Forst CONTACT ShelbyGreiner NAME: PHONE FAX (A/C, No. Extl: 319-896-7702 (A/C, Na 866-231-7822 E-MAIL s reiner@holmesmur h ADDRESS: �i p Ycom INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Integrity Insurance Company 14303 INSURED Boomerang Corp; Ricklefs Excavating, Ltd. 12536 Buffalo Rd Anamosa, IA 52205 INSURER B INSURERC: INSURERD: INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: 57845585 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP /Y (MM/DDYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CPP2694235 10/05/19 10/05/20 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 500 000 $ , CLAIMS -MADE X OCCUR MED EXP (Any one person) s 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY X PRO- CT X PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON -OWNED AUTOS CA2694235 10/05/19 10/05/20 COMBINEDSINGLELIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE accident) $ A X UMBRELLALIAB EXCESSLIAB X OCCUR CLAIMS -MADE CUP2694238 10/05/19 10/05/20 EACHOCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 0 $ A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WCP2694237 10/05/19 10/05/20 X WCSTATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1, 000 , 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Waterloo is an additional insured on the General Liability as required by written contract with the insured per policy terms and conditions. 30 days' notice of cancellation will be provided, with the exception for non-payment o premium, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 I USA 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 {,— -, � a� ACORD 25 (2014/01) sgreinercr 57845585 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD