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COMPOST SITE BID - T&W GRINDING SERVICE - RESOLUTION 2008-829
City of Waterloo COMPOST SITE BID 2� ��� �a� 1. T & W Grinding Service P.O. Box 254 Delhi Iowa 52223 (563)920-4982 Randy Thuman FAX (563)922-2075 email: rthumanr&iowatelacom.net 2. Types of yard waste: Leaves , grass clippings, garden waste,trees and brush. Stumps (no size limitation) 3. Site Operation: • Grind on a timely basis, all brush , trees and stumps. • Form open row windrows • Turn windrow monthly(winter weather permitting) • Monitor windrows for temperature, and moisture content(add water when required) • Record information and provide records on monthly basis • Screen finished material with 3/4 inch screen • Stock pile finished material . • T& W will provide all equipment necessary to complete composting task. • T& W will furnish all fuel, labor and repairs • Finished compost is the property of the Agency • T&W is not responsible for testing or chemical analysis of material 4. list of clients: Manchester Iowa, contact Larry Schmidt Dubuque landfill, contact Tom Driscol Edgewood Iowa, contact Cindy City Secretary Waukon Iowa, contact Randy Murphy Bellvue Iowa, Warren Independence Iowa, Tim Center Point Iowa, Charles City Iowa, Dirk Shermans Nursery Charles City Iowa, 5. Cost for this project: T&W is requesting the Tipping Fee ($25.00 per ton) City of Waterloo expense: Supply water source, Scale ,transport ground material from dump site to composting pad,and disposal of non compostable materials. 6. Fuel adjustment. This bid is based on$4.00 per gallon diesel fuel. 2%will be added to the bill For each$.25 increase in price. la/ T&W Grinding P.O. BOX 254 DELHI IA. 52223 PHONE (563-920-4982) Equal Employment Opportunity and Affirmative Action Policy August 2003 it is the policy of r&W Gnoding to assure that applicants are employed,and that employees are treated during employment, without regard to their race, religion,sex,color,national origin,age.disability, or any Ober classification protected by federal,slate or local laws. Such action shall ditile`employment. upgrading.destsaticv or transfer,recrsitment or recruitment advertising. layoff or termination,rates of pay or other forms of compensatiori,and selection for training, including apprenticeship,and/or ton the job training. 8, ir • of tja EO/iS.A.oft)cer ftsticky -ntilman,Owner of T&W Grinding.have designated inytelf as the EEO/AA Officer. This EEO/AA Officer has the responsibility for,and is capable of effectively administering and pronvoting the ESO/AA.program and is assigned •irate authority and respoesibility to do so. ' I, • 44 vs 403430,(AA) is the opportunity of all applicants for owe:eropioymest vndsout regard to race,religion.sex, ce tor natal origin,age.disability,or any other claasificatim protected by federal,stated or local laws. ,Adtit the specific action taken to assure minorities and women will have equal opportunity for erapioy meet. The distinctiori between the two policies is that EEG is a policy which provides consistent action in regards to etoployrnent opportunities while AA is a proactive policy des. (0 triGreliSe rnAbOrity and female eroployrnent opportunities (r)Ve•A't raw ori:,,dirokt'S Qi a i;etWASCW6111 Noise .. At this time, cc our ny bat no intention of � ror,�r+r�ttaer hiringie ' the ops: r emg Ito for If buwe err,ca r neve..`.a change,we will contact the Office of Contracts and provide a new policy> r,.appruvai. approved infomial on-the-job training and proinotio r pr'ovarf. TaW Grindinf,has an appro ititt; Taw Grinding will•thv'ise prospective and cirrent employees of avail traini 1131.01 be an ng through office postings and supervisor referral. The qualiflwtiora are that yot• ttployat load standing aid have supervisory aperoval. TdtW Grinding will assure that all training and ptomotiotts are open to all employees,without regard to raze,religion,sex,color,national origin,age,disability,or any other classification "' try. federal,'mete,or local laws. Annual meetings with the employers will be held to obtain employee input. 1'8.W Grinding will asses:end evaluste the training and promotion opportunities for any interest-rid employees yearly through this performance review. If however,our needs tAarigc,we will contact the Office of Contract and provide a new pohc' y for re-approval. AA Sigria2+..tre =. `itle AUG-20-2008 WED 05:08 P19 ROSS, E NGL 1 SH, & ASSOO, FAX NO. 563 875 2744 P. 01 i 01 + { ACORD CERTIFICATEOF LIABILITY INSURANCE 17;1il oor`s/w 1 op JH - -____ TWGRZNI 08j20/U�? P!SODUCGR �.._ �� THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE.CERTIFICATE English Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 129 1st Avenue Era t ALTER THE COVERAGE AFFORDED HY THE POLICIES BELOW. Dyersville XA 52040 w __ Phone:563 875-2716 'INSURERS AFFORDING COVERAGE NAM* INRURED - " .' --- - ...... INSURER A ALLIED/NATIONWIDE INS. 4257 9 INSURER 0 1' ' ' & W GRINDING & COMPOST ---. ,..----._._..._ --•--__... _. _.,. .._.... . ... .....__.__ SERVICE LLC I AsuITCRa PO BOX 254 DELHI IA 52223•-0254 NsVREr?D r INSURER E COVERAGES _ iE FOL ICIER OF INSJRANCE lI$1r.)BELOW NAVE SEEN ISSUED TO THE INSURED NAFdCD AfdC',lF,FOR THE POLICY PF: OO INDICATED.NO TN'JTHSTANDING 0—�I ANY RE-OUIREMI NT EkM OP CONDITION ION OF ANT COP TIHACT DR OTHER JOCI:VENT WITH REPFC r'TO WHICH TIES S CFR NE,CATE MA','CF ISSUED OR VA/Fc RYAIN THE Ni' ANC E AFFORDED h Y1-IE PO IC!i$I'F.$CRIBED HCFLIN IT SUBJECT TO ALL T11=TERMS.EXCLJSION',',AND CONOIT'ONG OF;.J(;H I'O'.ICiES ACGRc CA I.-:IM,TS SHOWN VA.,'HAVE DEE d A'tDULE'J cY FAIC CLA t'$ !NSR CD' GENERAL Ua...., Y __._ .._ _. . _ f 1 - _... _ I 1 POUCYEPptOti f POL�CY1:iIRIkkTiON LTR NbR� TYPk•DFINSURANC£ POUCY NUMBER 1 DATE NNlODIY, DATE MmIPDiYY -y `LIMITS !_- L_. I E,AC,HDccuRRZ;:C !5 1 000 00C UA Uc6E TO RLNTCO — ' _.— A jX 1..c0 mi4;cIALCENCRAI.LIABIL.I'Y ACP GLO 7/03268244 04/14/08 04/14/09 F'tt rid Es+cax cnci• s 100,p99 -� _..-. •__ t LA ras taApt X OCCCR NCO EAR lnry napacul) 5,000 .. __..... ii 1,000,000 ....._ .__...... { ••---� •-•-••• _... I I 1 PFR�Ot{ALdADVINNJ Y 5 'k.X IPer prof. acgg___-... GENERAL AGGREGATE 15 L0001000 I CEN'L ACOHECATE.INITAi'r'LIEs TER 0-____ ,_ PPU NK0poc7s---.—,CPAGO $ 2000,00 POLICYI 15:0 I LOC 4� _._�_....,.... -ram AUTOMOBILE LIABILITY COMDINGO C;NGLE U!d;T A 1 ANY AUTO 1 ACP BA 7103268244 04/14/08 04/14/09 (Eovct,/.,1li 1r000,060 J. .4l L OWNED AUTO; i EIOPILY% ....__.._.__. LiRY X SC,hkOULEG AUTO$ (Per Oersu 'T t 1BRt"G AUTOS ^... —.y EvDILY "dJi:FY I I _ vOf-cm7C,4UTOE (Noram,:lont; 5 I..__.__._. . - ----.._... PROPERTY O.AM:L E VW acclJet,:) GARAGR LIAEILITY I �l.NY AUT! ..� ...._. AU-0 ONLY-EA AOCIGCN' I3 OTHER THA!J TA AC{'14 .._. f I I i AU-0 ONLY EXCESS/UMBRELLA LIABILITY -- f 1 I CACI!OCCURRENCI M !$ 3,000 000 A X !OCCUR i CLAMS MADE i ACP7103268244 1 04/14/08 04/14/09 {AGC3REGA.T= I S 3,000,000 _..._., } I G.uuCT.ale - i II fx I PETLIN71014 e . _ _ w8244 + 04/14/08 1 04/14/09--� �� W0 -.....WORKERSRE COMPLNSA'.'fON AND -•'•^ EMPLOYERS'LABILITY 1:.RY L Idll S.; .••.•_....._ ,,. AI ANY PPOr'HiET;i17�PAR?FFriIE7.ECU?I`lc I ACP WC 710326 cL EAC1ACCIr,,EN'I' 's 100000 - CicF!GEFRdLb1ECR F'+CCLUL'ED' I E.L GhEA$=-EA EMPLOY':E' b v--- , It VIC•OWnfir,o tIr ( j ......__.. '_....10000� SPECIAL I'ROYISiCN„bnl?w E l DISEASE.F OTHER ,.I._ _._._. I ,. f -_,..__ OLif:'Y:iM17�3 rJO©ODO I -» A Property Section ACP 0PP 71.03266244 I 04/14/08 04/14/09 A i Equipment Floate _ __ AL'P CIM_710326844 04/14/08 04/14/09 DESCR?PT1ON OF OPERATICN31 LOCA?IONS/VEHICLES i QX,LUEIONS ACOEb li RNpORSEMENT,SPECIAL PROVISION/5 CER71FiCAlE HOLDER - -� -- �__ GANCELLITION ' CITYWA1 Sr1CULD ANY OF THE ABOVE DESCRIBED POLICIES NI?ANCELLE0 BEFORE INC EXPIRAT,ON DATE(HEREOF.TN )SUI INSURER WILL ENDEAVOR TO MAIL, 1.0 tAYS WRITTEN NOTICE TO THE CERTIFICATE HCLJER NAMED TO THE tcor,DLIT FAILURE TO PO SO SI44 LL CA,ty of Waterloo IMPOtE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,IFS AGENTS OR Waste Management REPRESENTATIVES. 3505 Eas ton Avo AUTNI>NIZCI REPIiEg£NTAT E. -- Waterloo IA 50702 — +i � 9 L 47J ACORL)15(2001/0Bj _ c ACORL)Co6;F0 AT'IONLL19Q PERFORMANCE BOND T&W GRINDING We have been pre-approved for the performance bond If awarded the contract,we will have a copy of the bond sent to you. /y' -^'~* CITY OF WATERLOO, IOWA /bii IL, us 41 011".gip►; WASTE MANAGEMENT SERVICES """�""'�� 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 0tari00 \0 TIM SHEA SUPERINTENDENT Mayor TIM HURLEY Instructions to Prospective Bidders COUNCIL The City of Waterloo incorporates(2)collection programs for yard waste materials. Both MEMBERS programs are in operation from April through November each year. The curbside yard waste program materials will be brought to the Easton Ave.Yard Waste REGINALD Drop Site as collected each week. The Easton Ave.Drop Site is also open to Waterloo residential SCHMITT customers 7 days a week April through November. This site may at the city's discretion be open to the Ward 1 residents for storm related emergency relief CAROLYN The city anticipates total tonnage to be from 3,500 to 4,500 tons per season as scaled on city's COLE scale after initially ground,to be transported by the city to the composting sites for further processing Ward 2 by the contractor. HAROLD Bids for processing this material should be in U.S.dollars per ton at city's scale on site GETTY $ '5' .00/ton,as ground by contractor prior to compost processing. Ward 3 QUENTIN All material ground and scaled shall be processed according to Best Management Practices HART and in accordance with Iowa Administrative Code(IAC)Chapter 105. Any and all measurements, Ward 4 records,and any other pertinent data involving the windrowing and composting process shall be RON reported(in written form)to the city on a monthly basis. WELPER Ward 5 At end of processing,the contractor shall deem the process complete and the city shall assume the responsibility of further disposition of the finished product. BOB GREENWOOD Sealed bid must be received by the City Clerks Office at 715 Mulberry St.Waterloo,Iowa At-Large 50703 by 4:00 pm on Tuesday, September 2, 2008. STEVE The city reserves the right to reject and/or refuse any and/or all bids for justifiable cause. SCHMITT At-Large Prospective bidders should include information as per experience and expertise with similar activities past and ongoing with other Iowa communities with contact persons for city review. If I,or my staff,can be of further assistance regarding this issue please contact us to your discretion. Sincerely, / / Tim Shea,Superintendent Waste Management Services WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer FORM OF CONTRACT CONTRACT FOR CITY OF WATERLOO YARD WASTE COMPOSTING PROGRAM CITY OF WATERLOO, IOWA This contract is made and entered into this 02„ day of 20,6 P, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and � � ��°iycJ��/ locar,„<epexes tic of-. 2e/fjj , Qt.thQ , Iowa (hereinafter referred to as Contractor), WITNESSETH: PAR.1 This contract is to provide for the equipment, supervision, site service, and processing of the yard wastes generated by the City Yard Waste Programs. Materials processed shall become city commodity. Cull wastes shall be disposed of by the City or recomposted by the Contractor. PAR. 2 It is understood and agreed that the resolution adopted by the City Council approving these documents, the Performance and Payment Bonds, the Council Proceedings relating to this matter, and Scope of Services 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 perform said services in a thorough, substantial, and a workmanlike manner, and in strict accordance with the requirements of this contract, and of the provisions made a part hereof by reference, and to the satisfaction and approval of the City and its Superintendent of Waste Management Services. PAR. 4 Should The Contractor fail to perform said services in strict accordance with the terms and conditions of this contract or provisions therefore as herein specified, the City may pay such additional sums to another party to perform the work Contractor failed to perform and deduct any and all such sums from any amount due Contractor. PAR. 5 Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action, which arise from this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents and /or employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees whether incurred prior to or during, litigations, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not it was caused in part by a party indemnified hereunder. PAR. 6 The City shall have the right to appoint one or more contract reviewers that shall review the contractor's operation in detail. Such contract reviewer shall have full authority to pass judgement upon the manner of doing the work, and their judgement on rejecting any manner of work shall be final unless it is revoked or modified by the Superintendent of Waste Management Services. PAR. 7 The Contractor agrees to pay punctually all just claims of labor, material, persons, or subcontractors who shall perform labor or furnish materials or services entering into these services. It is agreed that the City need not pay the contractor until all such claims are paid by the Contractor. Contractor shall, prior to payment by City, provide City with a release of lien of any subcontractors which shall release City from any liens on account of Contractor's failure to pay for labor, material, or persons under this Agreement. PAR. 8 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 Scope of Services, which shall be for the benefit of the City, and any and all persons injured by the breach of any 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 apart of this contract. PAR. 9 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof without reasonable cause, or should it fail to proceed with said work within 24 hours after a notice to continue or carry 1 it on has been served to it at the address given herein by the City, 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 all costs and expenses arising out of contractor's failure as stated herein. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, or may be recovered by the City in an action upon Contractor's bond. PAR. 10 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, the City agrees to pay to the Contractor, in the manner set out in the Scope of Services, the amount of money due the Contractor for work performed, at the prices set out in the Scope of Services. PAR. 11 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. This Agreement may not be altered, modified, or changed in any manner without prior written approval of the parties. CITY OF WATERLOO, IOWA yo1�7I r City Clerk CONTRACTOR P" BY: Title: c< !'.` Approved by the City Council of the City of Waterloo, Iowa this a a day of Sep em.(re r , 20oe. ATTES , City Clerk, Waterloo, Iowa. REQUEST FOR PROPOSALS TO GRIND AND PROCESS COLLECTED YARD WASTES TO REUSABLE COMPOST The City of Waterloo, Iowa is seeking proposals to provide equipment, site service for, processing yard wastes collected by curbside services and/or collected at the City Yard Waste Drop Site to a reusable compost for City disposition. Scope of Services: Introduction A. This contract is to provide for the equipment and labor to grind all yard wastes collected by the City at its Easton Ave. Yard Waste site. Grinding shall be basically monthly May-Nov, or, as necessary to provide space for continuous collection. B. The City shall scale and transfer all ground yard waste to composting sites at the Easton Ave. Facilities and provide sscale totals to the Contractor for billing calculations. C. The composting of the ground material shall be the responsibility of the Contractor at the designated sites in accordance with Iowa Administrative Code (IAC) Chapter 105. Any and all process measurements and performance date (ie: temperatures, moisture %, etc) shall be maintained in a Data Log by the Contractor and monthly reports (in writing) shall be provided to the City. D. All compost materials shall be `screened' through a 3/4" mesh screen. Organic material so screened may be reintroduced to fresh ground pre compost stock and all inert materials stockpiled for City disposition. E. Inbound yard wastes will vary with the seasons, but, composting will be year round.. F. Contractor shall supply a water supply unit for moisture addition needs and/or dust abatement during dry summer months. IL Compensation A monthly statement/payment and report of all materials processed shall be submitted on/or before the 15th of the following month. Payments by the City shall be made within thirty(30) days of receiving said statement and report. The City snail set all fees that are to be charged to residential users should they ever be required. III. Miscellaneous Provisions. A. The agent for the Contractor shall be: ect Th a, 1 h . Correspondence to the Contractor shall be maild or delivered to: pn I36x d,s/ /guns f3(03.)12a- 4/9��. 5.2,2.2 3 B. Contractor shall keep on file an Equal Opportunity Clause and Affirmative Action Program that shall be reviewed and approved by the City of Waterloo prior to commencement of work under this contract. C. Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action, which may arise from this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents, and/or employees from and against all claims, damages, losses and expenses, including but not limited to, attorney's fees whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not it was caused in part by a party indemnified hereunder. D. The City's agent shall be the Superintendent of Waste Management Services or designee. All notices and correspondence by the contractor shall be directed to him through his office at: 3505 Easton Ave. Waterloo, Iowa, 50702 E. Insurance 1. Contractor shall at all times during this contract maintain in full force and effect Employer's Liability, Vb orker's Compensation, Public Liability, and Property Damage Insurance, including contractual liability coverage for the indemnity and hold harmless provisions of the contract. All insurance shall be by insurers acceptable to the City and for policy limits acceptable to the City. The City of Waterloo shall be specifically named as an additional insured on all insurance. Before commencement of work hereunder, Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change, 30 days prior written notice will be given the certificate holder." For purpose of this contract, Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGES LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability Except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Additional Excess Liability $1,000,000 Automobile Property Damage Liability $1,000,000 each occurrence No deductible provisions shall prevail in any of the Insurance policies. 1 F. Performance, Payment, Guarantee Bond a) The Contractor will be required to furnish a Performance, Payment and Guarantee Bond as security for the performance of this contract. Said bond must be in the amount of$25,000. b) Premium for the bond described above shall be paid by the Contractor. A certificate from the Surety showing that the bond premiums are paid in full shall accompany the bond. c) Contractor shall be required to submit to the City, at least 90 days prior to the expiration date of any such bond, either a statement from it's surety that they intend to replace or renew the bond, or a replacement bond in the same amount, said replacement bond to take effect on or before the expiration date of the prior bond. Should the Contractor fail to provide the statement required or replace an expiring bond at least 90 days prior to the expiration date, the City shall have the right, in addition to any other lawful remedy, to terminate the contract with the Contractor and re-bid the contract. d) The surety on all initial,renewal, and replacement Performance, Payment and Guarantee Bonds (1) shall be a duly authorized surety company, licensed to do business in the State of Iowa, (2) must have and maintain a permanent agent or representative in the City of Waterloo, Iowa, and (3) must have an AM Best Company rating of"A" and must be on the Federal Treasury list of approved bonding companies, and/or must be satisfactory to the City. G. Press and Publicity The City of Waterloo shall be responsible for all press and publicity related to recycling within the city of Waterloo. Any and all efforts made by the contractor that will affect the operation under this contract shall be reviewed by the City prior to initiation. This is to assure that conflicting messages will not be conveyed. The City shall not unreasonably restrict the normal business advertising of the contractor. H. Contract Monitor The City will monitor the Contractor's operation on a regular basis by having an observer on site. The role of this monitor will be to assure that operations are conducted in accordance with the terms of this agreement. The observer should not be expected to perform any duties for or on behalf of the Contractor other than to act as a resource for information relating to the City's solid waste operations. I. Term The term of this contract shall be three (3) years, commencing September 2nd, 2008,through September 2"d 2011. The City and the Contractor may mutually extend this contract for an additional two (2)years. The only portion of this contract that must be renegotiated for the two-year option period would be the Compensation Schedule. J. Attachments The following attachments shall be a part of this contract: 1) Equal Opportunity Clause 2) Affirmative Action Program 3) Performance Bond 4) Certificate of Insurance K. Award of Contract Final selection of a contractor will be made of the responsive and responsible firm or firms whose Proposal, conforming to these documents, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract within a reasonable time,not exceeding thirty(30) days. The City Council may, when in it's interest, reject any or waive any informality in Proposals received. The City Council may reject any or all Proposals if deemed in the best interests of the City. IyI INSURANCE PERFORMANCE & PAYMENT BOND Bond No. SY54625 KNOW ALL MEN BY THESE PRESENTS: That we T&W Grinding and Compost Services,L.L.C. (hereinafter called the Principal), as Principal and IMT Insurance Company, West Des Moines, Iowa, a corporation of the State of Iowa, with its Home Office in the City of West Des Moines, Iowa (hereinafter called Surety), are held and firmly bound unto City of Waterloo (hereinafter called Owner), in the full and just sum of Twenty-five Thousand and No/100 ($ 25,000.00 DOLLARS,to the payment of which,well and truly to be made,the Principal and Surety bind themselves,their and each of their heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. Signed,sealed and dated this 3 day of .434.e1"..„(r.e-e ,2008 WHEREAS,the Principal has entered into a written contract,dated the Z'3 day of Se '' -rt4,re_( 2008 ,with the Owner for Yard Waste Processing Services for the Period of One Year Commencing on September 23,2008 and Ending on September 23,2009. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, THAT, if the above bounden Principal shall indemnify the Owner from and against any and all loss or damage directly arising by reason of the failure of the Principal to perform faithfully said contract, as well as against any and all direct loss which the Owner may sustain by reason of any mechanic's lien or liens that may be finally established against said improvements and the ground upon which constructed, for work done and/or materials furnished in and about the performance of said contract,then this obligation shall be void,otherwise of full force and effect. This bond is executed and accepted upon the following express conditions precedent: 1. That the Owner shall faithfully and punctually perform all the terms and conditions of said contract to be performed by the Owner. 2. That if the Principal shall abandon said contract or be lawfully compelled by reason of default to cease operations thereunder,the Surety shall have the right at its option to complete said contract or to sublet the completion thereof. 3. That the Owner shall notify the surety by registered letter,addressed and mailed to it at its home office, of any breach of said contract within a reasonable time after such breach shall have come to the knowledge of the Owner,or the Architect, or Engineer. T&W Grinding and Compost Services,L.L.C. Principal By Counters° ned: IMT In ranc Corn nylefCary By lE; � _ C -�- �, By Resi ent Agent ,Attorney-in Fact SY 03 02(01/07) c PLPLIgrrJ��r� rilrrJ�rJ�rJ�rJ�rJ�rJ�rJ�rJ�r�rJ�rJ�rJ�rJ�rP�rtPr�rJ�r�rJ�rJ�rPr nrJ�r�rJ�rJ�rJ�rJ�rPrPr nrnr�rJ�rJ�rJ�rJ�rJ�rJ�rJ��ncnrPrJ�cPrJ�rPrPr nrPrJ�rJ�rJ�rJ�rJ�rJ�rSr�rJ�rJ�rJ�rJ�rJ�r nrJ�rJ�rPrPrJ�rJ�rJ�rJ�rJ�rJ��ro , 5 5 < IMT INSURANCE 5 5 POWER OF ATTORNEY No. 5 4 6 2 5 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof.Please review carefully. Know All Persons By These Presents,that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of West Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint John Bednarz and Seth Cary of West Des Moines and State of Iowa its true and lawful Attorney-in-Fact, with fullpower and y � authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,under- takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Two Million Five Hundred Thousand and No/100(S2,500,000.00)Dollars and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of IMT Insurance Company,and all such acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of IMT Insurance Company on December 18, 1998. ARTICLE VIII,SECTION 4.-The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and to authorize them to execute on behalf of the Company,and attach thereto the Corporate Seal,bonds,undertakings,recognizances,con- tracts of indemnity or other obligatory writings,excluding insurance policies and endorsements. ARTICLE VIII,SECTION 5.-The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII,Section 4 of the By-Laws. Such facsimile signature and seal shall have the same force and effect as though manually affixed. 5 In Witness Whereof, IMT Insurance Company has caused these presents tvhekt8iglitx1,jhy its President and its corporate seal to be hereto affixed,this 20th day of August 2008 g,��®' � . �J��' :try 5 5 IMT~=3nsaralnce Cot e' S ��a Richat Ke th Presi cents.;° WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED LOGO. STATE OF IOWA ss: COUNTY OF POLK } S On this 20th day of August 2008 , before me appeared Richard Keith,to me personally known, who being by me duly sworn did say that he is President of the IMT Insurance Company,the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines,Iowa,the day and year first above written. / 5 ` At f COMMIro S S ON NO.742311EE COPIC dItic.„) L' MY COMMISSION row" P-14-0e1 Notary Public,Polk County,Iowa CERTIFICATE 5 I,Dalene Holland,Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said the IMT Insurance Company,which is still, ;for „end effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal q % afite n day of 5 � 5 5 Dale eHalland Secretary- C. SY 06 06(01/07) O PrP�PrPr l��PrPrPrPrPrPrPrP�PrPrP�P�Pr r�nr�rPrPrPrPrPrJ��P�PrP�nrPrPrPrPrPrPrPrP�PrP�P�P�P�nrPrPrPrPrPrPrP�P�P�PcnrPr PPrPrPcPrPrPrPrPrPrPrP�PrPrPrP�PrPrPrP�P�Pr rrPrPcPrP�PrPa m