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HomeMy WebLinkAboutWestern Waterproofing Company, Inc.-8/4/2014CITY OF WATERLOO Council Communication City Council Meeting: August 4, 2014 Prepared: July 29, 2014 Dept. Head Signature: CC c' # of Attachments: SUBJECT: East Fifth Street Parking Garage Repairs Submitted by: Craig Clark Building Official/Maintenance Administrator Recommended City Council Action: Approve recommendation of award of contract to Western Waterproofing of West Des Moines, Iowa, in the amount $51,157.07 in conjunction with City of Waterloo East Fifth Street Parking Garage Repairs, be received, placed on file and adopted. Approve Contract, Bonds and Certificates of Insurance in the amount of $ 51,157.07 to Western Waterproofing of West Des Moines, Iowa, in conjunction with City of Waterloo East Fifth Street Parking Garage Repairs project be adopted and Mayor and City Clerk authorized to execute same. Summary Statement Expenditure Required $ 51,157.07 Source of Funds 412-22-7960-2180 & 413-22-7960-2180 Background Information: AECOM July 25, 2014 Mr. Craig Clark Building Official City of Waterloo 715 Mulberry Street Waterloo, IA 50703 AECOM 615 323 7910 teL 500 SW 7th Street 515 244 4803 fax Suite 301 Ilea Moines, Iowa 50309 www.aecom.com SUBJECT: East Fifth Street Parking Garage Repairs City of Waterloo, Iowa AECOM ID No. 60320426 Dear Mr. Clark: We have reviewed the one (1) bid received on July 24, 2014, for the above-mentioned project for the City of Waterloo, Iowa. This bid from Western Waterproofing Co., Inc. is attached and Is 65.2 percent of the engineer's estimate. There is a mathematical error in the Bid Form on Ref. No. 2 — Structural Concrete (Miscellaneous) which we have corrected in the tabulation of bids. We originally notified 15 contractors regarding this project but only one chose to submit a bid for this work. We recommend awarding the project to Western Waterproofing Co., Inc. of West Des Moines, Iowa in the amount of $51,153.91. If you have any questions or require additional Information, please feel free to contact our office at your convenience. Yours sincerely, Michael Caven, P.E. Enclosure: As noted Cc: Mr. Doug Schindel, AECOM (w/enclosures) P1003204 municalorsl310 Crient1CC072514.E 5th Pelting Garage recommendaUon.itrdac The Co tract dated MODIFICATION TO CONTRACT BETWEEN CITY OF WATERLOO, IOWA AND WESTERN WATERPROOFING COMPANY, INC, FOR THE WORK AT EAST FIFTH STREET , 2014 is changed as follows: Paragraph 21: Delete this paragraph. GENERAL SPECS Section F. No. 4. In line 30 change "Additional Named Insureds' to "Additional Insureds per Travelers Blanket Additional Insured Endorsement CGD246." In line 33 change "registered" to "regular." Western Waterproofing Company, Inc. By: FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF EAST FIFTH STREET PARKING GARAGE REPAIRS CITY OlF WATERLOO, IOWA This contract made and entered into this `it/, day of , 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Westem Waterproofing Company, Inc., of 1829 Industrial Circle, West Des Moines, Iowa 50265 (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 PAR. 8 Contractor agrees to build and construct the EAST FIFTH STREET PARKING GARAGE REPAIRS and fumish 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 fumish 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 September 26, 2014, 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 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, FORM OF CONTRACT Page C-1 of 3 AECOM 60320426 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 PAR. 16 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 fumish 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 fumish 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. 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. 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 Fifty -One Thousand One Hundred Fifty -Three Dollars and Ninety -One Cents ($51,153.91). FORM OF CONTRACT Page C-2 of 3 AECOM 60320426 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 After the completion of said work, the Contractor agrees to remove all debris and clean up 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. 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 govem. 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 Tess 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. 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. 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 WATERLOO, IOWA ayor City Clerk 1 WESTERN WATERPROOFING COMPANY, INC. Contractor BY: leen4( Title: Alf M A` �21-01-1 Approved by the City Council of the City of Waterloo, Iowa, this ATTEST: - v��-0 , City Clerk Waterloo, Iowa day of 2014. FORM OF CONTRACT Page C-3 of 3 AECOM 60320426 Bond Number 58716611 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Western Waterproofing Company, Inc. (Name of Contractor) 1820 Industrial Circle, West Des Moines, Iowa 50265 a (Address of Contractor) Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Western Surety Company (Name of Surety) 333 S. Wabash Avenue, 41st Floor, Chicago, IL 60604 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street, Waterloo. Iowa 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Fifty -One Thousand One Hundred Fifty -Three Dollars and Ninety -One Cents,($51,153.91) 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 24th day of July 2014, a copy of which is hereto attached and made a part hereof for the construction of: EAST FIFTH STREET PARKING GARAGE REPAIRS WATERLOO. IQWA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its PAYMENT BOND Page PB -1 of 2 AECOM 60320426 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 three (3) counterparts. each one of which shall be (number) deemed an original, this the 29th day of ATTEST: 13t,L<LAI July , 2014. Western Waterproofing Company , Inc. (Principal) Secretary (SEAL) Witness as to Principal (Address) ATTEST: Witness as to Surety Patti S Bruce Smith 100 North Broadway, Suite 900, St. Louis, MO 63102 (Address) Principal BY (s 7i 5d Z 1879 Industrial Cicrle (Address) West Des Moines, Iowa 50265 Wectern Surety Company Surety By Gary L. ,ek om y i 100 North. Rr adway Suite 900 act (Address) St. Louis, MO 63102 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PAYMENT BOND AECOM 60320426 (Address) Page PB -2 of 2 Bond Number 58716611 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Western Waterproofing Company, Inc. of 1829 Industrial Circle. West Des Moines, Iowa 50265 (the °Principal"), and Western Surety Company of 333 S. Wabash Ave, 41st Floor, Chicago,IL 60604 (the "Surety"), are held and 'firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Fifty -One Thousand One Hundred Fifty -Three Dollars and Ninety -One Cents ($51153.91), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about July 24, 2014 for the purpose of East Fifth Street Parking Garage Repairs. 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 Prinsdpal 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 bored 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 AECOM 80320428 Page PFB-1 of 2 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of July 29, 2014 PRINCIPAL SURETY Western Waterproofing Company. Inc Western Surety Compnay Name Name Y Title: [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. PERFORMANCE BOND AECOM 80320426 Page PF&2 of 2 STATE OF MISSOURI SS: COUNTY OF CITY OF ST LOUIS On JULY 29. 2014 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared GARY L. RISK known to me to be Attorney -in -Fact of WESTERN SURETY COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, My Commission Expires: USA K. JUNDT Notary Public - Notary Seal STATE_ OF MISSOURI Jefferson County iv Ccmmiss or; Expires: Aug. 17, 2017 Commission # 13402531 ial seal, the day and year stated in this certificate above. NOTARY PUBLIC BOND NUMBER 58716611 Western Surety a Corn rs �y POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James P Cittadino, Gregory L Stanley, Michael_ T Reedy, Theresa A Hunziker, Gary L Riek, Donna J Thone, Jennifer E Ruemker, Joel Karsten, Cindy Rohr, Karen Speckhals, Individually of Saint Louis, MO, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 8th day of April, 2014. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 8th day of April, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; 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 corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Ay commission expires June 23, 2015 J. MOHR s SEA1 NOTAtiY PUBLICSEAL f SOUTH DAKOTA s s CER1'ik'1CATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29TH �' day of :IDLY 2014 Form F4280-7-2012 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WES FERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name'of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. A CERTIFICATE OF LIABILITY INSURANCE DATE o X0 0"4 ) 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 1-314-721-5100 Risk Services Central, Inc. 8182 Maryland Ave Suite 1500 St Louis, MO 63105 Sue Schwartz CONTACT Western Construction Group, Risk Mgmt. NAMAon PHONE 314-427-6733 FAX 314-427-2452 (AIC. No. Ext): (AIC. No): ADDARESS: ERM@Westerngroup.com INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: TRAVELERS PROP CAS CO OF AMER 25674 INSUREDINSURERS: Western Waterproofing Company, Inc. (Branch 20) 1637 N. Warson Rd. St. Louis, MO 63132 CHARTER OAR FIRE INS CO 25615 INSURER C : INSURERD: INSURER E : INSURER F : • 40939461 REVISION NUMBER: vTHIS 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 TYPE OF INSURANCE IADDLI3UBR'. POIJCY NUMBER (MM/DDIYYYY) (MM/DEFF DIY Yl) LIMITS LTR INSR WVD A GENERALLIABIUTY ' VTC2JCO-165136564TIL-13 10/01/13 10/01/14, EACH OCCURRENCE I $ 2,000,000 X DAMAGE TO RENTED 500,000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 X PRO- $ POLICY LOC .IFCT A AUTOMOBILELIABILITY VTC2JCAP-165D6576-13 10/01/13 10/01/14 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ X ANY AUTO 1 BODILY INJURY (Per person) , $ u ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ I I AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS (Per accident) AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE 1 $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ I DED II RETENTIONS ' $ WORKERS COMPENSATIONA VTC2JII8-165D6540-13 (AOS) 10/01/1310/01/14 X WUS OTRH- ANDEMPLOYERS' LIABILITY YIN B ANY PROPRIETOR/PARTNER/EXECUTIVE VTROIIB-165D6552-13 (Retro) 10/01/13 10/01/14 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S 1,000,000 11 yes. describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Job: East Fifth Street Parking Garage -Waterloo, Iowa - Western Job No. 02014.3420 The following are additional insured (except for Workers Compensation) to the extent required by written contract with respect to work performed by or on behalf of the named insured at the referenced job: City of Waterloo, Iowa and AECOM. CERTIFICATE HOLDER CANCELLATION 02014.3420 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 IISA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) Sharons 40939461 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Western Construction Group, Inc. VTC2JC0165D6564-TIL-13 10/1/13 —10/1/14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for `'bodily injury". `'property damage" or "personal injury"; and b) If. and only to the extent that. the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of`'your work" to which the "'written 4. contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the `'written contract requiring insurance the insurance provided to the additional insured shall be limited to the limits of liability required by that -written contract requiring insurance"". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury'". "property damage' or "personal injury" arising out of the rendering of. or failure to render, any professional architectural, engineering or surveying services. including: i. The preparing. approving. or failing to prepare or approve. maps. shop drawings. opinions. reports. surveys. field orders or change orders. or the preparing, approving. or failing to prepare or approve. drawings and specifications: and ii. Supervisory. inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury'" or "property damage"' caused by "your work'" and included in the "products -completed operations hazard" unless the "written contract requiring insurance"" specifically requires you to provide such coverage for that additional insured. and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage"" that occurs before the end of the period of time for which the 5. 'written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the `written contract requiring insurance' specifically requires that this insurance apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss. and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess. contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such `'other insurance'". As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence or an offense which may result in a claim. To the extent possible. such notice should include: i. How. when and where the "occurrence or offense took place; ii. The names and addresses of any injured persons and witnesses: and iii. The nature and location of any injury or damage arising out of the "occurrence"' or offense. b) If a claim is made or "suit " is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received: and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit'". cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit' to any provider of "other insurance which would cover the additional insured for a loss we cover under this endorsement. However. this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. The following definition is added to SECTION V. — DEFINITIONS: **Written contract requiring insurance' means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" or "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you: b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D2 46 08 05 © 2005 The St. Paul Travelers Companies Page 1 of 1