Loading...
HomeMy WebLinkAboutSTANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR u.)Yitt, Iz, ao�i _ A TM Document AIOITM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum I AGREEMENT made as of the twenty-ninth day of July in the year two thousand and nine (In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status, address and other information) This document has important City of Waterloo legal consequences. 715 Mulberry St. Consultation with an attorney Waterloo,Iowa 50703 is encouraged with respect to Telephone Number:(319)291-4490 its completion or modification. AIA Document A201 Tm-2007, and the Contractor: General Conditions of the Contract for Construction,is (Name, legal status, address and other information) adopted in this document by reference.Do not use with other Pries Roofing general conditions unless this 7544 E. Reinbeck Road document is modified. La Porte City, Iowa 50651 for the following Project: (Name, location and detailed description) • 09025 Gates Park Pro Shop Roof Replacement Gates Park Pro Shop 820 E Donald St Waterloo IA 50703 Roof Replacement for the Gates Park Pro Shop in Waterloo,Iowa. The Architect: (Name, legal status, address and other information) INVISION Architecture 531 Commercial Street#900 Waterloo,IA 50701 Telephone Number:319.233.8419 Fax Number:319.233.9772 The Owner and Contractor agree as follows. AIA Document A101 T"—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized j reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:40:47 on 07/30/2009 under Order No.1000371377_which expires on 10/14/2009,and is not for resale. User Notes: (1148743514) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral. An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it dyers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed) I The commencement date will be fixed in a notice to proceed. If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than one hundred twenty 120 )days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 T"—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 14:40:47 on 07/30/2009 under Order No.1000371377_which expires on 10/14/2009,and is not for resale. User Notes: (1148743514) Portion of Work Substantial Completion Date ,subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be seventy-nine thousand eight hundred thirty dollars ($79,830.00 ),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) §4.3 Unit prices,if any: (Identifi/and state the unit price;state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) §4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Price ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the Thirty-first day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the Tenth day of the following month.If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty (30 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported AIA Document A101 TM—2007.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:40:47 on 07/30/2009 under Order No.1000371377_which expires on 10/14/2009,and is not for resale. User Notes: (1148743514) by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Five percent ( 5.00% ).Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm-2007,General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Five percent (5.00% ); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims;and (Section 9.8.5 of ALA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: AIA Document A101 T"—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of tnis AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:40:47 on 07/30/2009 under Order No.1000371377_which expires on 10/14/2009,and is not for resale. User Notes: (1148743514) ARTICLE 6 DISPUTE RESOLUTION §6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201--2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) §6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [X ] Litigation in a court of competent jurisdiction [ ] Other(Specify) ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) I per annum §8.3 The Owner's representative: (Name, address and other information) Rick Curran City of Waterloo 715 Mulberry St. Waterloo,Iowa 50703 AIA Document A101 T"—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:40:47 on 07/30/2009 under Order No.1000371377_which expires on 10/14/2009,and is not for resale. User Notes: (1148743514) §8.4 The Contractor's representative: (Name, address and other information) Hal Pries Pries Roofing 7544 E Reinbeck Road La Porte City,Iowa 50651 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. §9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between Owner and Contractor. §9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. §9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages §9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages 000110 Table of Contents 5/27/09 2 002113 Instructions to Bidders 5/27/09 5 004100 Bid Form 5/27/09 2 MBE/WBE 5/27/09 10 005000 Contracting Forms and 5/27/09 1 Supplements 007300 Supplementary 5/27/09 3 Conditions 011000 Summary 5/27/09 1 012000 Price and Payment 5/27/09 3 Procedures 012200 Unit Prices 5/27/09 1 012300 Alternates 5/27/09 1 013000 Administrative 5/27/09 4 Requirements 014000 Quality Requirements 5/27/09 2 015000 Temporary Facilities 5/27/09 2 and Controls 016000 Product Requirements 5/27/09 2 017000 Execution and Closeout 5/27/09 5 AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:40:47 on 07/30/2009 under Order No.1000371377_which expires on 10/14/2009,and is not for resale. User Notes: (1148743514) Requirements 017800 Closeout Submittals 5/27/09 3 024100 Demolition 5/27/09 2 040100 Maintenance of 5/27/09 2 Masonry 061000 Rough Carpentry 5/27/09 3 061113 Engineered Wood 5/27/09 1 Products 061753 Shop-Fabricated Wood 5/27/09 2 Trusses 072126 Blown Insulation 5/27/09 1 072700 Air Barrier/Weather 5/27/09 2 Resistant Barrier 074623 Wood Siding 5/27/09 2 075100 Built-up Bituminous 5/27/09 5 Roofing 076200 Sheet Metal Flashing 5/27/09 3 and Trim 079005 Joint Sealers 5/27/09 3 099000 Paints and Coatings 5/27/09 4 §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date A0.1 Title Sheet 6/3/09 A1.0 Roof Plan/Roof Details 6/3/09 A2.0 Exterior Elevations, 6/3/09 Details A/S3.0 Framing Plan,Structural 6/3/09 Notes,Details §9.1.6 The Addenda,if any: Number Date Pages Addendum 1 6/29/09 4 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents,if any,forming part of the Contract Documents: .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bia Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:40:47 on 07/30/2009 under Order No.1000371377_which expires on 10/14/2009,and is not for resale. User Notes: (1148743514) Certificate of Insurance Performance and Payment Bond Contractors Bid Dated 6/6/09 ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AlA Document A201-2007,) Type of insurance or bond Limit of liability or bond amount($0.00) This Agreement entered into as of the day and year first written above. ‘izt NER(Signature) CON RACTOR(Signature) Tim Hurley,Mayor Hal Pries,Owner (Printed name and title) (Printed name and title) AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 8 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:40:47 on 07/30/2009 under Order No.1000371377_which expires on 10/14/2009,and is not for resale. User Notes: (1148743514) 101 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE Cedar Rapids,Iowa 52401 319-399-5700 PERFORMANCE AND PAYMENT BOND KNOW ALL BY THESE PRESENTS,that we Pries Roofing of LaPorte City, Iowa as Principal and UNITED FIRE & CASUALTY COMPANY, an Iowa corporation, having its principal office and place of business in the City of Cedar Rapids,Iowa,and authorized to do business in the State of Iowa ,as Surety,are held and firmly bound unto City of Waterloo, Iowa ,as Obligee, in the sum of Seventy-nine Thousand Eight Hundred Thirty and no/100 Dollars ($ 79,830.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. Signed,Sealed and Dated this 12th day of August Z009 WHEREAS,the Principal has entered into a certain written contract dated the day of July 29 — 2009 ,with the Obligee for 09025 Gates Park Pro Shop Roof Replacement, Gates Park Pro Shop, 820 E. Donald St., Waterloo, Iowa 50703 Now, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully perform said contract according to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect. Subject to the named Obligee's priority, all persons who have supplied labor or material directly to the Principal for use in the prosecution of the work under said contract shall have a direct right of action under this bond. The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above. No claim,suit or action shall be brought hereunder after the expiration of one(1) year following the date on which Principal ceased work on said contract. If this limitation is made void by any law controlling the construction hereof such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law. Witness: 94/ (SEAL) (PRINCIPAL) UNITED FIRE&CASUALTY COMPANY ATTORNEY-IN-FACT . SEAt,i33 UND-2020b(9.94) 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 RONALD W. HAMMERBERG, OR ROBERT L. HAMMERBERG, BOTH INDIVIDUALLY of CEDAR RAPIDS 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 Al 1 Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such nstruments 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 attorneys-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 giver to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by �,,'. •`-"�=u;., ',., its vice president and its corporate seal to be hereto affixed this 1st day of Apr 1 , 2009 c;. ::::-L CORPORATE i= sz —a— r UNITED FIRE & CASUALTY COMPANY SEAL Y: 14 'J4.1 Il111111�,\`` i By Ri +-..,1-...4_ State of Iowa, County of Linn, ss: Vice President On 1st day of April , 2009, 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. AAuc Mary A.Jansen f :At Iowa Notarial Sea f\ rV f Commission number •'C 713273 My Commission Expires 3 10/2E110 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. ``\,> 14.. •` rJ,,f,� Inh testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company ; this 12th day of Aug..st 20 -. CORPORATE i �„ SEAL c` NNN '�rrlrll,ll+��''6,/,,, .0--5'$. /. ;e....-..f.. : Ya...—.. el. � Secretary BP0A00190706 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR CF DATE(MM/DD/YYYY) PRIES-1 08/12/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE First Iowa Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4201 Glass RD NE, PO Box 997 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cedar Rapids IA 52406-0997 Phone: 319-393-5262 Fax:319-393-3161 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: United Fire & Casualty Co. 13021 INSURER B: Pries Roofing INSURERC: Hal & Carol Pries 7544 E. Reinbeck Road INSURERD: LaPorte City IA 50651 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. INSK Autyy POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I DAMAGE I O HEN I LU A X COMMERCIAL GENERAL LIABILITY 60329687 12/31/08 12/31/09 PREMISES(Eaoccurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY A ANY AUTO 60329687 12/31/08 12/31/09 COMBINED SINGLE LIMIT $ 1,000,000 accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 A X OCCUR CLAIMSMADE 60329687 12/31/08 12/31/09 AGGREGATE $2,000,000 DEDUCTIBLE X RETENTION $10,0 0 0 g WC STATU- WORKERS COMPENSATION AND X TORY LIMITSI OER A EMPLOYERS'LIABILITY 60329687 12/31/08 12/3 ANY PROPRIETOR/PARTNER/EXECUTIVE 1/09 E.L.EACH ACCIDENT. $ 500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER A Installation Fltr 60329687 12/31/08 12/31/09 Limit $150,000 Ded. $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Gates Park Pro Shop Roof Replacement CERTIFICATE HOLDER CANCELLATION CITY051 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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 Waterloo IA 50703-5783 REPRESENTATIVES. AOf ED R RjcSENT/jlfJ�/E ACORD 25(2001/08) /1 ©ACORD CORPORATION 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)