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HomeMy WebLinkAboutLarson Const. Co.-Street Use Agreement-10.27.2008 AGREEMENT FOR USE OF CITY STREETS AS DETOUR FOR CONSTRUCTION RELATING TO LOGAN INTERMEDIATE SCHOOL This Agreement for Use of City Streets, etc. (the"Agreement") is entered into as of ,2008,by and between the City of Waterloo,Iowa("City")and Larson Construction Co.,Inc., of Independence, Iowa("Larson"). WHEREAS,in connection with the Logan Middle School project the City is required to enter into an agreement with the Iowa Department of Transportation("IDOT")for the detour of U.S. 63 onto local roads,to allow for installation of storm sewer, sanitary sewer, and water main(the"Infrastructure Project"), and WHEREAS,the agreement with IDOT requires the City to meet certain conditions and assume certain responsibilities, and City desires to transfer its contract duties to Larson on the terms set forth herein. NOW,THEREFORE, in consideration of the premises, and for other good and valuable consideration,the parties agree as follows: 1. Larson agrees to undertake the following responsibilities in connection with the traffic detour relating to the Infrastructure Project: a. Review the detour routes with the City prior to and after the detour takes place, and repair any defects in the roadways that are deemed to be caused by the detour traffic. b. Provide traffic control as per the Manual of Uniform Traffic Control Devices, maintain same during construction, and remove traffic control upon completion of construction. c. Provide detour signing as per plan provided by IDOT,including Changeable Message Signs (CMS),with DOT providing detour signs,if available. d. Replace Logan Avenue(U.S. 63) paving as per IDOT requirements. e. Obtain a permit from IDOT for the construction of utility connections in Logan Avenue. f Obtain an excavation permit from the City prior to beginning work in Logan Avenue. g. Complete all work in a timely manner in order to reduce the detour time period, as much as possible,working within the three(3)week window of November 3,2008 to November 21,2008 that is specified in the IDOT/City agreement,but limiting closure of the northbound U.S. 63 traffic to seven(7) calendar days, and limiting closure of the southbound U.S. 63 traffic to fourteen(14) calendar days,with closures running concurrently. h. Provide a certificate of insurance naming the City of Waterloo,Iowa, as an additional insured in the minimum amount of$2,000,000.00 liability coverage. i. All work of repair and restoration will be performed in a workmanlike manner by a contractor with a current right-of-way construction bond. 2. City agrees to cooperate, as necessary,with Larson to facilitate the proper and lawful fulfillment of Larson's duties under this Agreement. 3. The parties agree that this Agreement maybe executed in one or more counterparts, each of which shall be deemed an original and all of which,taken together, shall constitute one and the same instrument. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified except in a writing signed by both parties. This Agreement is binding on the parties and their respective successors and assigns. IN WITNESS WHEREOF,the parties have executed this Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA LARS* 0 T _CTION CO.,INC. BY BY AV 4107,4( Timothy J. y,Mayor / Ti e: Attest: Nancy Eck 'ty Clerk 2 SON P.O. Box 112 INDEPENDENCE, IA 50644 CONSTRUCTION CO. INC. Telephone (319) 334-7061 Fax (319)334-4474 Web site: larsonconst.com October 21, 2008 ATTN: Marty Metcalf Waterloo Community School District RE: Logan Middle School- Utilities Marty, In reference to the following documents: • Agreement for Use of City Streets as Detour For Construction Relating to Logan Intermediate School • InVision Letter dated 8.21.08 It is the understanding and in agreement that Larson Construction will be issued a Change Order to reimburse any work that is required by the city to repair 1:he streets. With regards, Travis Schwartz Larson Construction Co., Inc. COMMERCIAL AND INDUSTRIAL GENERAL CONTRACTORS August 21,2008 Marty Metcalf Waterloo Community Schools . ,, 1516 Washington St Waterloo, IA 50702 Marty: RE: Logan Middle School Based on questions asked by Larson Construction we have reviewed the Contract Documents for Logan Elementary School regarding the scope of responsibility for work associated with the ti Highway 63 detour. oE It is our opinion that Larson Construction cannot be expected to pay for damage that occurs on the " o. detour route unless they cause the damage.There is no way they could have bid an amount to accurately cover potential damage that may occur on the detour route. a it is our understanding that Larson has documented the detour route so that any claims of damage can be compared to what is there when the detour opens. Damage that is identified after the detour closes will have to be assessed at that time and the school district may accrue additional costs that cannot be projected at this time. Please let me know if you have any questions. 0• p O Sincerely, r-/ r 3 .E I � N c R Kathryn A. Payne,AIA 3 M .. 0 Cl D. 0 0 v, 8 -e o ° � o Z 0 >7 7 - ACORD CERTIFICATE OF LIABILITY INSURANCE CSR KK DATE(MM/DDIYYYY) LARSO-3 10/20/08 PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PDCM Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 2597 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Waterloo IA 50704 Phone: 319-234-8888 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: United Fire & Casualty Company INSURERS: Assigned Risk Companies Larson Construction Company &Southside Lumber, Inc. INSURERC: RR #3, P. 0. Box 112 INSURER D: Independence IA 50644 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TNSR ADLFL POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDlyY) OATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERALLIABILriY 60342357 01/01/08 01/O1/09 PREMISES(Ea occurence) $100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JEC LOC AUTOMOBILE LIABILITY A X ANY AUTO 60342357 01/01/08 01/01/09 (EaeccidEenI)SINGLELIMIT s1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pe person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Pe accdent) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A X OCCUR I I CLAIMS MADE 60342357 01/01/08 01/01/09 AGGREGATE $5,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X TORYLIMITS PI- B EMPLOYERS LIABILITY WC141400I98800 01/01/08 01/01/09 ELEACHACCIDENT $500000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $500000 I(yBS,describe URdef SPECIALPROVESIONSbelov E.L DISEASE-POLICY LIMIT $500000 OTHER A Floater 60342357 01/01/08 01/01/09 Rented Equipment $100,000 DESCRIPTION OF OPERATIONS!LOCATIONS(VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Project: Logan Middle School Certificate holder is named as additional insured under general liability with respect to the above mentioned project. CERTIFICATE HOLDER CANCELLATION WTCI0 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Waterloo IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 715 Mulberry Street REPRESENTATIVES. Waterloo IA 50703 AUTHOR EP SENTA _ J �,s ACORD 25(2001/08) ©ACORD CO(RPNORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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)_ DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08)