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HomeMy WebLinkAbout2021-02-16-I01L Little Walnut Creek North Trunk Sewer Phase 1, Water Main Extensions_Approve Contract, BondCITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 16, 2021 AGENDA ITEM:Consideration of approval of a resolution approving contract, bond [Little Walnut Creek North Trunk Sewer Phase 1 and Water Main Extensions Project] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$1,427,080.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution approving contract and bond with Priority Excavating, LLC in the amount of $1,427,080.00. ATTACHMENTS: I. Proposed Resolution II. Contract, Bond PREPARED BY: Becky Schuett REVIEWED BY: AGENDA ITEM: I1L RESOLUTION 2021- RESOLUTION APPROVING CONSTRUCTION CONTRACT AND BOND FOR THE LITTLE WALNUT CREEK NORTH TRUNK SEWER - PHASE 1 AND WATER MAIN EXTENSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: That the construction contract and bond executed and insurance coverage for the construction of certain public improvements described in general as the Little Walnut Creek North Trunk Sewer - Phase 1 and Water Main Extensions, and as described in detail in the plans and specifications heretofore approved, and which have been signed by the Mayor and Clerk on behalf of the City be and the same are hereby approved as follows: Contractor: Priority Excavating, LLC, of Clive, IA Amount of bid: $1,427,080.00 Bond surety: United Fire & Casualty Company Date of bond: January 21, 2021 Portion of project: All construction work PASSED AND APPROVED this 1st day of February, 2021. Mayor ATTEST: City Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/4/2021 LMC Insurance &Risk Management,Inc. 4200 University Ave.,Suite 200 West Des Moines IA 50266-5945 Brenda Trogdon 515-237-0169 515-244-9535 Brenda.Trogdon@lmcins.com United Fire &Casualty 13021 PRIOEXC-01 Priority Excavating LLC 9550 Hickman Road Ste 101 Clive IA 50325 1326240757 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X X Y 60523702 4/5/2020 4/5/2021 2,000,000 A 1,000,000 X X X 60523702 4/5/2020 4/5/2021 A X X 1,000,000605237024/5/2020 4/5/2021 1,000,000 X 10,000 A X N 30304417 4/5/2020 4/5/2021 1,000,000 1,000,000 1,000,000 Project:Little Walnut Creek North Trunk Sewer-Phase 1 And Water Main Extensions City of Waukee is Additional Insured -Owners,Lessees or Contractors including products-completed operations when required in a written contract or agreement with respects to the General Liability policy per form CG7286 (07/17) General Liability policy is primary and non-contributory where required by contract per form IL7105 (10/14) XCU exclusion has been removed City of Waukee 230 Hickman Road Waukee IA 50263 IL 71 05 10 14 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART COMMERCIAL UMBRELLA COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured; (3)The additional insured gives us prompt written notice of any “occurrence”which may result in a claim and prompt written notice of “suit”; (4)The additional insured immediately forwards all legal papers to us,cooperates in the investigation or settlement of the claim or defense against the “suit”,and otherwise complies with policy conditions. (5)The additional insured must tender the defense and indemnity of any claim or “suit”to any other insurer which also insures against a loss we cover under this policy.This includes,but is not limited to,any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured.For the purpose of this requirement,the term “insures against”refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss,regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. (6)The additional insured agrees to make available any other insurance that the additional insured has for a loss we cover under this policy. IL 71 05 10 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 1 of 1 CG 72 86 07 17 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED –OWNERS,LESSEES OR CONTRACTORS –WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE -AUTOMATIC STATUS FOR OTHER PARTIES AND COMPLIANCE WITH WRITTEN CONTRACTUAL REQUIREMENTS (THROUGH ISO 10/01 COVERAGE OPTIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II –Who Is An Insured is amended to include as an additional insured: 1.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy;and Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1.above. B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured only with respect to liability for “bodily injury”,“property damage”or “personal and advertising injury”which may be imputed to that person or organization directly arising out of: a.Your acts or omissions,or the acts or omissions of those acting on your behalf,in the performance of your ongoing operations specified in the “written contract”;or b.“your work”that is specified in the “written contract”but only for “bodily injury”or “property damage”included in the “products-completed operations hazard”,and only if: (1)The “written contract”requires you to provide the additional insured such coverage;and (2)This coverage part provides such coverage;and (3)Such coverage will not apply subsequent to the first to occur of the following: i.The expiration of the period of time required by the “written contract”;or ii.The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of “your work”. 2.If the “written contract”specifically requires you to provide additional insurance coverage via the 04/13 edition of CG2010 (aka CG 20 10 04 13),or via the 04/13 edition of CG2037 (aka CG 20 37 04 13),then in paragraph B.1. above,the words “which may be imputed to that person(s)or organization(s)directly arising out of”are replaced by the words “caused in whole or in part by”. 3.If the “written contract”specifically requires you to provide additional insurance coverage via the 07/04 edition of CG2010 (aka CG 20 10 07 04),or via the 07/04 edition of CG2037 (aka CG 20 37 07 04),then in paragraph B.1. above,the words “which may be imputed to that person(s)or organization(s)directly arising out of”are replaced by the words “caused in whole or in part by”. 4.If the “written contract”specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01),or via the 10/01 edition of CG2037 (aka CG 20 37 10 01)then in paragraph B.1. above,the words “which may be imputed to that person(s)or organization(s)directly arising out of”are replaced by the words “arising out of”. 5.With regards to B.1.and B.2.above only,the following conditions are added; a.The insurance afforded to such additional insured only applies to the extent permitted by law;and b.If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 86 07 17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 1 of 2 A. 2. CG 72 86 07 17 6.The insurance provided to the additional insured does not apply to “bodily injury”,“property damage”or “personal and advertising injury”arising out of: a.The rendering of,or failure to render,any professional architectural,engineering or surveying services, including: (1)The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports, surveys,field orders,change orders or drawings and specifications;and (2)Supervisory,inspection,architectural or engineering activities. b.Any premises or work for which the additional insured is specifically listed as an additionalinsured on another endorsement attached to thiscoverage part. C.Only for the purpose of the insurance provided this endorsement,SECTION V–DEFINITIONS is amended to add the following definition: “Written Contract”means a written contract or written agreement that requires you to make aperson or organization an additional insured on this Coverage Part,provided the contract or agreement: 1.Is currently in effect or becoming effective during the term of this policy;and 2.Was executed prior to:: a.The “bodily injury”or “property damage";or b.The offense that caused the “personal and advertising injury”, for which the additional insured seeks coverage under this coverage part. CG 72 86 07 17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 2 of 2