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HomeMy WebLinkAboutPeters Construction - FY22 Anaerobic Lagoon Blower Repairs, Cont. No. 1060 - 1.18.22FORM OF BID OR PROPOSAL F.Y. 2022 ANAEROBIC LAGOON BLOWER BUILDING CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1060 Honorable Mayor and City Council Waterloo, Iowa Revised per Addendum #4 INTERIM REPAIRS 1. The undersigned, being a Corporation existing under the laws of the State of Iowa , a Partnership consisting of the following partners: Bradley F Best - President of S Corp , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with the General Specifications and Project Specifications, hereby proposes to fumish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2022 ANAEROBIC LAGOON BLOWER BUILDING INTERIM REPAIRS Contract No. 1060, all in accordance with the General Specifications and Project Specifications and for the unit prices for work in place for the following items: BID ITEM DESCRIPTION UNIT EST QTY UNIT BID PRICE TOTAL BID PRICE 1 Door Installation EA 2.0 $ 4850.. $ 1,100.00 $ I o-- 2 Window Installation EA 2.0 $ 7 2 p,p„ 3 Concrete Masonry LS 1.0 $ 2.16d.... iiHo. $a171ao..,e $ BiSdo.0.0 $ i o Jo , 00 4 Surface Epoxy LS 1.0 $ g, 800.0„ $ j,,,,,,. .b,, 5 Perimeter Ceiling Joint Repair LS 1.0 6 Air Conditioning Installation LS 1.0 $ 1..w. oa f $ 23, loo.o, 7 Fan Installation LS 1.0 $ ' 2.1,3o.w $ =. 100.4. 8 Electrical Conduits & Wiring LS 1.0 $ 14, e•.... $ 19, Duo .c.0 9 Mobilization LS 1.0 $ IS, 0./7•Dc. $ IS, O 9'l .•- TOTAL BID AMOUNT $ 91 411 ....141 ESTIMATED COMPLETION DATE 113ao27- 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govem in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Bidders Status Form. 7. The bidder is prepared to submit a financial and experience statement upon request. BID PROPOSAL AECOM 80689448 PAGE 1 OF 1 F.Y 2022 ANAEROBIC LAGOON BLOWER BUILDING INTERIM REPAIRS CRY CONTRACT NO. 1080 WATERLOO. IOWA Revised per Addendum #4 8. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 12/23/2021 Addendum No. 2 Date 12/28/2021 Addendum No. 3 Date 12/30/2021 Addendum No. 4 Date 1/4/2022 9. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shah submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 11. The bidder has attached all applicable forms. 12. The Owner reserves the right to select altemates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. SUBMITTED BY: Peters Construction Corporation (Bidder) 901 Black Hawk Rd Waterloo, IA (Address) SIGNED BY: �rr .. . , 9V4s.1,1'r President 1/5/2022 (Title) (Date) ACCEPTED BY CITY OF WATERLOO: SIGNED BY: Quentin r•E Mayor 6/13/2022 (Tide) (Date) (Date) Approved by council 1/18/2022 BID PROPOSAL PAGE 2 OF 1 F.Y 2022 ANAEROBIC LAGOON BLOWER BUILDING INTERIM REPAIRS AECOM 60669448 CITY CONTRACT NO. 1060 WATERLOO, IOWA NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa )ss County of Black Hawk ) Bradley F Best , being first duly sworn, deposes and says that: 1. He is (Owner. Partner. Officer. Representative. or Anent) , of Peters Construction Corporation , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) � .., .�d� F444-- 11),.,.r:'1— President Title Subscribed and sworn to before me this $4-h day of \IAA/1'44i , 2O3 PAtinigi errM-vtirA... NO4A4111.. Title My commission expires l d • - [4,...A.RACHAEL BRENDEN COMMISSION NO.765262 * MY �M�iI,�,SI �ExpIRES •ow• NON -COLLUSION AFFIDAVIT AECOM IY80868448 NCA-1 OF 1 F Y 2022 Anaerobic Lagoon Blower Building interim Repairs CONTRACT NO.1000 WATERLOO, IOWA 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 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 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 contractors 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 indude, or incorporate by reference, the provisions of the non-discrimination clause in every contract, EQUAL OPPORTUNITY CLAUSE AECOM #60669448 EOC-1 OF 2 F Y 2022 Anaerobic Lagoon Blower Building Interim Repairs CITY CONTRACT NO. 1060 WATERLOO, IOWA 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. (Signed) (14L 4 r it i~ V4 or- Pr-,-ski-4.N1- (AppropriateOfficial) President (Title) 1 /5/2022 (Date) EQUAL OPPORTUNITY CLAUSE AECOM #60869448 EOC•2 OF 2 F Y. 2022 Anaerobic Lagoon Blower Building Interim Repairs CITY CONTRACT NO. 1060 WATERLOO, IOWA TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) In every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the lowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Title VI Civil Rights 1VI-1 of 1 F.Y. 2022 Anaerobic Lagoon Blower Building Interim Repairs AECOM #80851387 Contract No. 1080 Waterloo, Iowa THIS PAGE LEFT BLANK INTENTIONALLY Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ❑X Yes ❑ No Q Yes ❑ No ❑xYes❑No © Yes ❑ No I Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in lowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 01 01 / 1994 to 01 / 05 / 2022 Address: 901 Black Hawk Road City, State, Zip: Waterloo, Iowa 50701 Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address' You may attach additional sheet(s) if needed. City, State, Zip. To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? ❑Yes El No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Peters Construction Corporation Signature: I l'uyr Q+��ll, • i +}_ rt, c4. k- Date: 01/05/2022 You must submit the completed form to the governmental body requesting bids per 875 lowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-8001 (09-15) BSF-1 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. El Yes 0 No My business is currently registered as a contractor with the Iowa Division of Labor. O Yes KI No My business Is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes x❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of lowa for lowa income tax purposes. O Yes 0 No My business is an active corporation with the lowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. O Yes © No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes ® No ❑ Yes 0 No ❑ Yes x❑ No ❑ Yes El No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has fled a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) BSF-2 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( X ( General Contractor Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Peters Construction Corporation Address of Company 901 Black Hawk Rd Waterloo, IA Zip 50701 Telephone Number ( 319 ) 236-2003 Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) Name of Project F.Y. 2022 Anaerobic Lagoon Blower Building Interim Repairs Project Contract Number #1060 Estimated Construction Work Dates / 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 Bradley F Best 901 Black Hawk Rd President Male White 19 other employee owners are part of the S Corp 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 Type of Address Affiliation Degree NA 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. Peters Construction Corporation will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. lll_ AFFIRMATIVE ACTION A. Peters Construction Corporation recognizes that the (Name of Company) -2- B. C. D. effective application of a policy of merit employment involves more than just a policy statement, and Peters Construction Corporation (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. Peters Construction Corporation 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. Peters Construction Corporation 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. Peters Construction Corporation 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. Ail 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. Peters Construction Corporation 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. Peters Construction Corporation 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. Sent Bid Invitations through iScFt -3- 2. Sent Bid Invitations if Listed as a Planholder 1. 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") J. 1. 2. Concrete Equipment Pad (Daniels Home Improvement) Peters Construction Corporation 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. Peters Construction Corporation will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N. Peters Construction Corporation 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 22, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: 10 Goals for Women: 7,5 *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 2022. Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984-142(4). -4- ANY PROPRIETOR/PARTNER/EXECUTIVE PRIETO�(�R/PARTNER/EXECUTIVE (la del In NH EXCLUDED t ire,describe under CRIPTION OF OPERATION$ pNo* C Excess Umbrella Llab D Professional Lab ACORO PETECON-05 CWIGANT CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1 /12/2022 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Brummel Madsen Insurance 318 Maln Street Cedar Falls, IA 50613 INSURED Peters Construction Corporation 901 Black Hawk Rd Waterloo, IA 50701 COVERAGES TACT Cathy Wlgant PHONE (Arc, No, Ertl (319) 266-2644 'Miss; cathyw@brummelmadsen.com INSURER(8) AFFORDING COVERAGE tNSURMRA:United Fire 8 Casualty Company INSURER e :Lafayette Insurance Company :Cincinnati Insurance Company :Nautilus Insurance Company INSURER C INSURER 0 INSURER E Rea, No,: (319) 277-2429 INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: NAIL 13021 18295 10677 17370 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. Md$R LTR A X TYPE OF INSURANCE COMMERCIAL GENERAL LIABIUTY CLAIMS -MADE 1 X OCCUR f „ eL AGGREGATE LIMIT 1 S PER POLICY X 7a I 1 LOC OTHER. p ) 111VD POLICY NUMBER �QD� (MOUCY EXr X 0530549 A AUTOMOBILE LIABILITY X ANY AUTO "--_ OWNED '- AUTOS ONLY AUTOS ONLY _ SCTHEDULED AUTOS ONLY 60530549 8/1 /2021 8/1/2022 8/1 /2021 A X UMBRELLAW L EXCESS UA8 if DEC X OCCUR CLAIMS -MADE RETENT ON S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Yl NIA 6053054 30304518 EXS 0824104 CPP2032596-11 1 UMRS .16.0.-.QggVaRENCE DAMAGE TO RENTED MED EXP (Any one person) PERSONA: b AQV INJURY GENERAL AcpREGATE PRODUCTS • CQMP/QP AGG S 1,000,000 300,000 $ t-' $ 10,000 1,000,000 2,000,000 2,000,000 8/1/2022 COMBINED SINGLE LIMIT ra ant i 1,000,000 BODILY INJURY (Per pertkgn) 3 BODILY INJURY (Per stdderg11 PROPERTY DAMAGE 8/1/2021 II/1/2021 811 /2021 8/1 /2021 6/1/2021 8/1/2022 8/1/2022 EACH OCCAIRRENCE AGGREGATE X PER STATUTE I E L- EACH ACCIDENT OTH- ER $ S E L D:SEASSE - EA EMPLOYE E_L. DISE ASt - PQUCY LIMIT Excess Umbrella Llab 811/2022 Professional Liab DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Add)tional Remarks Schedule. may be attached I/ man specs Is nqultvd) Project: F.Y. 2022 Anaerobic Lagoon Blower Building Interim Repairs; City of Waterloo; City Contract No. 1060 S 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 5,000,000 2,000,000 City of Waterloo, Iowa and AECOM Technical Services, Inc are included as additional insured on the General Liability policy, If required by written contract or agreement, subject to policy terms and conditions. C TIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St Waterloo, iA 50703 ACORD 25 (2016/03) 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 C 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD of UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, P.O. Box 73909 CEDAR RAPIDS, IOWA 52407-3909 MAINTENANCE BOND Bond Number 54-242686 KNOW ALL BY THESE PRESENTS That we Peters Construction Corporation Waterloo, Iowa as Principal . and UNITED FIRE & CASUALTY COMPANY, an Iowa corporation of Cedar Rapids. Iowa, and authonzed to do business Iowa in the State of as Surety, are held and firmly bound unto City of Waterloo in the penal sum Ninety Seven Thousand Nine Hundred Ninety Seven & No/100 of ($ 97,997.00 1 Dollars, lawful money of the United States of Amenca, for the payment of which, well and truly to be made the Principal and Surety bind themselves, their. and each of their heirs. executors. and administrators, successors and assigns. jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a certain contract. dated o Li 115 / Zoz2 , to furnish all the material and labor necessary for the construction of FY 2022 Anaerobic Lagoon Blower Building Interim Repairs Project in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of acceptance of the work under said contract and WHEREAS, the said UNITED FIRE & CASUALTY COMPANY, of Cedar Rapids. Iowa. for a valuable consideration. has agreed to join with said Pnnctpal in such bond or guarantee, indemnifying said City of Waterloo as aforesaid. NOW. THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall. at hislher own cost and expense, remedy any and all defects that may develop in said work, within the period of tW0 (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair dunng said period. and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work , then this obligation to be null and void; otherwise to be and remain in full force and virtue in law CONT0006 0101 SIGNED. AND DELIVERED this /841" day of Tam aarj A D Peters Construction Corporation Principal �1�Q Y gasp. _ ?..citooec UNITED FIRE & CASUALTY COMPANY By \_5(0thtc- At%bmey-in-Fact, Juliana Bartlett KSURANCE UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FTNANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company - Set Certification) inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 KNOW ALL PERSONS BY THESE PRESENTS, That United Ftre & Casualty Company, a corporation duly organized and existing under the laws 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 GREG T. LA MAIR, JEFFREY R. BAKER, JOSEPH I. SCHMIT, JILL SHAFFER, BRANDON HORBACH, COURTNEY GORDON, JULIANA BARTLETT. DANIEL M. MOLYNEAUX, LAURA J. ADAMS, LORI S. BURROUGHS, PAMELA K. MATTISON, KAREN S. HARTSON, EACH INDIVIDUALLY their true and lawful Anomey(s)-m-Fact with power and authonty 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 $ 100 , 000 , 000.00 and to hand the Companies thereby as fully and to the same extent as if such tnstnunents were signed by the duly authonzed officers of the Companies and all of the acts of said Attorney, pursuant to the authonty hereby given and hereby ratified and confirmed. The Authority herby granted is continuous and shall retrain in full force and effect until revoked by United Fire & Casualty 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 Vt — Surety Bonds and I Indertakinge" Secuon 2, Appointment of Attorney-m-Fact- '"Ilse President or any Vice President, or any other officer of the Companies may, from ume to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other oblipptory instruments of like nature The signature of any officer authonted hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authonzed hereby; such signature and seal, when so used, being adopted by the Companies as the onginal signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed Such attorneys-m-fact, subject to the limitanons set of forth in their respective certificates of authonty shall have full power to bind the Ccmtparues 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 Duecton 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 IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by as vice president and its corporate seal to be hereto affixed this lot h day of March, 2014 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE. COMPANY By: �L•...� ..�_ Vice President On 10th day of March, 2014, before me personally came Dennis J. Rtchmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he 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 m and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said mstnune nt is such corporate seal; that it was so affixed pursuant to authonty given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authonty, and acknowledges same to be the act and deed of said corporations Patti Woddoll Iowa Notana! Seat Commission number 713274 My Commission Expires 1006/2022 eta - Notary Public My commission expires. 10/26/2022 1, Mary A. Bertsch, Assistant Secretary of Uuntoi Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that 1 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 tramcnpts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now m full force and effect. In testimony whereof I have hereunto subscnbed my name and affixed the corporate seal of the said Corporations this day of , 20 ,sCiaStites r ,to ci it • • • • r7• ,'�t 41 +r 1� n, BP0A0049 1217 f C fIIINteao4 In Se/p �Poiq�1Y7.•tall C . .70101111.0* WO'2r c'', o By. A ientadt Assistant Se crrtnry. UF&C & UF&1 & EPIC !nit i vosiAryjc- IA Document A312TM as 2010 Performance Bond CONTRACTOR: (Name. legal status and address) Peters Construction Corporation 901 Blackhawk Road Waterloo, Iowa 50701 OWNER (Nance, legal status and address) City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 CONSTRUCTION CONTRACT Date: 0,10 (3O1>L SURETY: (Name, legal status and principal place of business) United Fire & Casualty Compa P.O. Box 73909 Cedar Rapids, Iowa 52407-3909 Bond Number: 54-242686 ny This document has important legal consequences Consultation with an attomey is encouraged with respect to its completion or modification Amount: Ninety Seven Thousand Nine Hundred Ninety Seven & No/100 ($97.997.00) Dollars Description. FY 2022 Anaerobic Lagoon Blower Building Interim (Name and location) Repairs Project BOND Date: 0111ttI2a2.L (Not earlier than Construction Contract Date) Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable AIA Document A312-2010 combines two separate bonds a Performance Bond and a Payment Bond. into one form This is not a single combined Performance and Payment Bond Amount. Ninety Seven Thousand Nine Hundred Ninety Seven & No/100 ($97,997.00) Dollars Modifications to this Bond: :one CONTRACTOR AS PRINCIPAL Company• (Corporate Seal) Peters Construction Corporation El See Section 16 SURETY c. Una ? Fire & Casualf y rt mpany li Signature: I z"`^`Y Signature: Name and Title: and Title: (Any additional signatures appear on the last page of this Performance Bond.) Name g+.acity r. to1r^- P.acd..,..x liana Bartlett, Attorney -in -Fact (FOR INFORMATION ONLY Name address and telephone) AGENT or BROKER: AssuredPartners Great Plains LLC 4200 University Ave.. Ste. 200 West Des Moines, Iowa 50266 OWNER'S REPRESENTATIVE. (Architect, Engineer or other party:) AIA Document A312'" - 2010. 1 ne Amencan Institute of Architects. 1 Init § 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. if the Owner does not request a conference. the Surety may, within five (5) business days after receipt of the Owner's notice. request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety, and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations. or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner. to perform and complete the Construction Contract, § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors, § 5.3 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 a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 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, make payment to the Owner; or .2 Deny liability in whole or in pan and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional wntten 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 Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312,r - 2010. The Amencen Institute of Architects. 2 Init. § 7 If the Surety elects to act under Section 5. I, 5.2 or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from thc Contractor's Default. and resulting from the actions or failure to act of the Surety under Section 5; and .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 § 8 If the Surety elects to act under Section 5.13 5.3 or 5 4, the Surety's liability is limited to the amount of this Bond. § 9 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. successors and assigns. § 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 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 pan of the work is located and shall be instituted within two years after a declaration of 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 available to sureties as a defense in the jurisdiction of the suit shall he applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 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. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments 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 behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page. including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a matenal term of the Construction Contract § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay thc Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to he Contractor. AIA Document A312 ' — 2010. 1 he American Institute of Architects. 3 Init:. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties. other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal) Signature: Signature Name and Title Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A312 is - 2010. The American Insttute of Architects. In it. otAIA Document A312TM - 2010 Payment Bond CONTRACTOR: (Nance, legal status and address) Peters Construction Corporation 901 Blackhawk Road Waterloo, Iowa 50701 OWNER: (Name, legal status and address) City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 CONSTRUCTION CONTRACT Date: otII%bon_ Amount: Ninety Seven Thousand Nine Hundred Ninety Seven & No/100 ($97,997.00) Dollars SURETY: (Name, legal status and principal place of business) United Fire & Casualty Company P.O. Box 73909 Cedar Rapids, Iowa 52407-3909 Description. FY 2022 Anaerobic Lagoon Blower Building Interim (Name and location) Repairs Project BOND Date: oil I Sbon. (Not earlier than Constriction Contract Date) Bond Number: 54-242686 This document has important legal consequences Consultation with an attorney is encouraged with respect to its completion or modification Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable AIA Document A312-2010 combines two separate bonds. a Performance Bond ano a Payment Bond, into one form This is not a single combined Performance and Payment Bond Arnount:Ninety Seven Thousand Nine Hundred Ninety Seven & No/100 ($97,997.00) Dollars Modifications to this Bond / Vonc 0 See Section I S CONTRACTOR AS PRINCIPAL Company (Corporate Seal) Peters Construction Corporation SURETY Company (Corporate Seal) United Fire & Casualty Company Signature: Signature: Name n Name Pesil t F?LP--Ps`� and Title: and Title: (A.1)44. ,tom Jliana Bartlett, Attorney -in -Fact (Any additional signatures appear on the last page of this Payment Bond (FOR INFORMATION ONLY Nance, address and telephone) AGENT or BROKER: AssuredPartners Great Plains LLC 4200 University Ave., Ste. 200 West Des Moines, Iowa 50266 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party./ AIA Document A312^' - 2010. ?he A.mencan Institute of Architects. 5