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HomeMy WebLinkAboutStory Construction Co.-5/13/2013FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2013 STORM WATER PUMP STATIONS (VIRDEN CREEK, WESTFIELD AVENUE AND VINTON STREET) CITY OF WATERLOO, IOWA CONTRACT NO. 831 This contract made and entered into this ) day of (Lk,, , 202/ by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and STORY CONSTRUCTION CO. of Ames, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 Contractor agrees to build and construct the F.Y. 2013 STORM WATER PUMP STATIONS (VIRDEN CREEK, WESTFIELD AVENUE AND VINTON STREET) 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 mariner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 4 PAR. 5 PAR. 6 PAR. 7 PAR. 8 PAR. 9 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 completed within 385 calendar days. 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, 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. FORM OF CONTRACT PAGE 2 OF 5 PAGES PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 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. FORM OF CONTRACT PAGE 3 OF 5 PAGES PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 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 $3,115.000.00. 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 govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. 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. FORM OF CONTRACT PAGE 4 OF 5 PAGES CITYWATERLOO, IOWA ayor City Clerk STORY CONSTRUCTION CO. Contractor BY: /2-1/1/ Patrick L. Geary Title: Chief Operating Officer Approved b the City Council of the City of Waterloo, Iowa, this day of OL C � , , 2O ATTEST: S'c , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Bond No. 54-194800 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Story Construction Co. of Ames, Iowa (the "Principal"), and United Fire & Casualty Company of Cedar Rapids, Iowa (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of —Three Million One Hundred Fifteen Thousand and no/100—Dollars ($-3,115,000.00— ), lawful money of the United States, for the payrnent of said sum in connection with a contract (the "Contract") dated on or about a 4 , 2013 for the purpose of F.Y. 2013 Storm Water Pump Stations (Virden Creek, Westfield Avenue and Vinton Street), City of Waterloo, Iowa, Contract No. 8311 -he Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 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 Tess than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. 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 k� ""_L\ � , 2013 . PRINCIPAL STORY CONSTRUCTION CO. Name By: teve C. Tenne Title: CFO & S retary-Treasurer SURETY United Fire & Casualty Company Name Title: Anne Crowner, Attomey-in-Fact [attach Power of Attomey] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes F_eI xal F. nds,t'the foll.Qvuing .applies c th 1:4 bond IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 I.. Bond No. 54-194800 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Story Construction Co. 300 South Bell Avenue, Ames, Iowa 50010-7707 a Corporation (Name of Contractor) (Address of Contractor) , hereinafter called Principal, (Corporation, Partnership or Individual) and, United Fire & Casualty Company P. O. Box 73909, Cedar Rapids, Iowa 52407-3909 (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, Iowa (Address of Owner) Three Million One Hundred hereinafter called OWNER, in the penal sum ofFifteen Thousand and no/100Dollars,($-3,115,000.00-) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 1- Yi it day of, 1 U, -r, 2013 , a copy of which is hereto attached and made a part hereof for the construction df: F.Y. 2013 Storm Water Pump Stations (Virden Creek, Westfield Avenue and Vinton Street), City of Waterloo, Iowa, Contract No. 831 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 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 four (4) counterparts, each one of , (number) which shall be deemed an original, this the 1 day of (Q,_,,) 2013 ATTEST: (SEAL) (No Corporate Seal) �Q /92 Witness as t cipal Lisa 300 South Bell Avenue, Ames, Iowa 50010 (Address) ATTEST: Witness as to Surety)Dione . Young P. O. Box 9207 (Address) Des Moines, Iowa 50306-9207 STORY CONSTRUCTION CO. Principal By i2g)T." Patrick L. Geary (S) 300 South Bell Avenue (Address) Ames, Iowa 50010 United Fire & Casualty Company Surety A �" rowner Attomey-in-Fact Holmes Murphy & Associates, Inc. P. O. Box 9207 (Address) Des Moines, Iowa 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If tbi)s project includin es: ederelTunas, tine #ellp g_applles talb ,p yin nt bond; IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint KEVIN J. KNUTSON, OR JACQUELINE M. DEVINE, OR JODY A. DECKER, ALL INDIVIDUALLY OF THE CEDAR RAPIDS, IA OFFICE, OR CRAIG E. HANSEN, OR JAY D. FREIERMUTH, OR BRIAN M. DEIMERLY, OR CINDY BENNETT, OR ANNE CROWNER, OR TIM MCCULLOH, OR STACY VENN, OR LACEY CRAMBLIT, OR SHIRLEY S. BARTENHAGEN, OR KYLEE HEUSI, OR DIONE R. YOUNG, ALL INDIVIDUALLY of DES MOINES IA its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. %ormin►ottoIN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by 44. �o, its vice president and its corporate seal to be hereto affixed this 3rd day of January, 2013 co roxnm Ve. 441111.00— By State of Iowa, County of Linn, ss: On 3rd day of January, 2013, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation 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. UNITED FIRE & CASUALTY COMPANY Vice President o.. Mary A. Jansen Iowa Not ill Seal Commission number 713273 My Commission Expires 10/26113 Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. otio,��%`°tcVISO ,` N. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this ?�- day of 1,6_0,20 13 si311t _ c BPOA0019 0611 1.. ACCORD ® CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 Oil /2rc013 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 Willie of Minnesota, Inc. 26 Century Blvd.Jr. P. O. Box 305191 Nashville, TN 37230-5191 CONTACT NAMP PHONE FAX NO nay877-945-7378 (vc Noy 888-467-2378 ADo F S. certificates@willis.com INSURER(S)AFFORDING COVERAGE MAIC # INSURER A: Arch Insurance Company 11150-001 INSURED Story Construction Co. 300 9 Bell Ave Ames, IA 50010 INSURERB: Great American Insurance Company 16691-000 INSURERC:AGCS Marine Insurance Company 22837-001 INSURER D: AqM PREMISES(ERRaorence) INSURER E: INSURER F: X COVERAGES CERTIFICATE NUMBER: 19838434 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR l TR TYPE OF INSURANCE AD D'I� SUBR �•q ypyp POLICY NUMBER POLICY EFF ,•(MMIDD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL $ LIABILITY COMMERCIAL GENERAL LIABILITY Y 51PKG8878008 7/1/2012 7/1/2013 EACH OCCURRENCE $ 1,000,000 $ 300, 000 $ 5, 000 $ 1, 000, 000 $ 2,000,000 $ 2,000,000 $ AqM PREMISES(ERRaorence) CLAIMS -MADE X OCCUR MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE GEN'LAGGREGATE LIMIT APPLIES PER. nPOLICYE I jFC07 n LOC PRODUCTS - COMP/OP AGG A AUTOMOBILE X LIABILITY ANY AUTO ALLOWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS 7 51PKG8878008 7/1/2012 7/1/2013 (eagdeM) INGLELIMIT $ 1,000,000 BODILYINJURY(Perperson) $ BODILY INJURY(Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLALWB EXCESS UAB X OCCUR CLAIMS -MADE Y TUE668028505 7/1/2012 7/1/2013 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENTION$ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEi N I OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 51WCI8877908 7/1/2012 7 1 2013 / / X WCSTATu- Tf1RY I IMITS OTH- FR E.L EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POUCY LIMIT $ 1,000,000 C Builder's Risk Limit of Liability Limit of Liab-FRAME Deductible MXI93041585 7/1/2012 7/1/2013 $10,000,000. Limit $ 2,500,000. Limit $ 2,500. Limit DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach Aeord 101, Additonal Remarks Schedule, if more space le required) Re: F.Y. 2013 Storm Water Pump Stations (Virden Creek, Westfield Ave & Vinton Street) Waterloo IA See Attached: CERTIFICATE HOLDER CANCELLATION City of Waterloo City Hall 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) Coll :4095905 Tpl:1642858 Cart: 19$38434 ©1988- 010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACOD® AGENCY CUSTOMER ID- 130500 LOC#: ADDITIONAL REMARKS SCHEDULE AGENCY Willis of Minnesota, Inc. NAMED INSURED Story Construction Co. 300 S Bell Ave Ames, IA 50010 POUCYNUMBER See First Page CARRIER Seep First Page 'w NAIL CODE EFFECTIVE DATE: See First Page THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Railroad Protective - Chicago, Central & Pacific Railroad Company Carrier: Hudson Insurance Company Policy #:RRP2660700307 Policy Dates: 5/13/2013 - 6/30/2014 Limits: $5,000,000 Per Occurrence / $10,000,000 Aggregate City Contract #831 - City of Waterloo, Iowa It is hereby agreed that the City of Waterloo Iowa and Stanley Consultants, Inc. are included as Additional Insureds under the General Liability policy as respects work performed by the Named Insured as required by written contract, agreement or permit and executed prior to loss. ACORD 101 (2008/01) Coll:4095905 Tpl:1642858 Cart:19838434©2008ACORDCORPORATION.Allrightsreserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 51 PKG8878008 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organtzatlon(s): Locatlon(s) Of Covered Operations "All parties where required by a written contract with the insured". This insurance is primary insurance as respects the additional insured where the written contract requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a named insured. However this insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence" claim or "suit". This provision does not apply to any policy in which the additional insured is a Namcd Insured on such other policy and where our policy is required by written contract to provide coverage to the additional insured on a primary and non-contributory basis. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment fumished in connection with such work, on the project (other than service, mainten- ance or repairs) to be performed by or on be- half of the additional insured(s) at the location of the covered operations has been completed; or © ISO Properties, Inc., 2004 Page 1 of 2 0 2. That portion of your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Page 2 of 2 © ISO Properties, Inc., 2004 CG 2010 07 04 E POLICY NUMBER: 51 PKG8878008 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera - tions "All parties where required by a written contract with the insured". This insurance is primary insurance as respects the additional insured where the written contract requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional in- sured person or organization is a named insured. However this insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence" claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract to provide coverage to the additional insured on a prima- ry and non-contributory basis. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1