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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 9234 27-INCH POUDRE PIPELINE PROJECT January 27, 2022 Garney Companies, Inc. Attn: Gary Haas 7911 Shaffer Parkway Littleton, CO 80127 RE: Contract Renewal, 9234 - 27-Inch Poudre Pipeline Project Dear Mr. Haas: The City of Fort Collins wishes to extend the agreement term for the above captioned proposal per the existing terms and conditions and the following: 1) The term will be extended for one (1) additional year, March 15, 2022 through March 14, 2023. If the renewal is acceptable to your firm, please sign this letter in the space provided and include a current copy of insurance certificate naming the City as an additional insured for General and Automotive Liability within the next fifteen (15) days. If this extension is not agreeable with your firm, we ask that you send us a written notice st ating that you do not wish to renew the contract and state the reason for non-renewal. Please contact Pat Johnson, CPPB, Senior Buyer at (970) 221-6816 if you have any questions regarding this matter. Sincerely, Gerry S. Paul Director of Purchasing __________________________________________ ________________ Signature Date (Please indicate your desire to renew 9234 by signing this letter and returning it to Purchasing Division within the next fifteen days.) GSP:kr Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB 2/2/2022 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 9/21/2021 Arthur J.Gallagher &Co.Insurance Brokers of CA.Inc. 2121 N.California Blvd.,Suite 350 Walnut Creek,CA 94596 415-391-1500 415-391-1882 CertRequests@ajg.com License#:0726293 Liberty Mutual Fire Insurance Company 23035 GARNCOM-02 Travelers Property Casualty Co of America 25674GarneyHoldingCompany/Garney Companies,Inc./ Garney Construction/Garney Pacific,Inc./Garney Federal,Inc,1700 Swift Street,Suite 200 North Kansas City MO 64116 Berkley Assurance Company 39462 484878 A X 5,000,000 X 300,000 10,000 5,000,000 10,000,000 X Y Y TB2641426942721 10/1/2021 10/1/2022 10,000,000 A 5,000,000 X X X Y Y AS2641426942711 10/1/2021 10/1/2022 B X X 15,000,000YZUP21P5728A21NF10/1/2021Y 10/1/2022 15,000,000 A X N Y WA264D426942731 10/1/2021 10/1/2022 1,000,000 1,000,000 1,000,000 C B Professional/Pollution Liab. Inland Marine Y Y PCADB50155781021 QT6301L164501TIL21 10/1/2021 10/1/2021 10/1/2022 10/1/2022 Ea.Claim-Occ./Agg. Leased/Rented Equip. $10,000,000 $3,000,000 Garney Job #7350 RE:27-Inch Poudre Canyon Raw Waterline Project ADDITIONAL INSURED(S):City of Fort Collins,its officers,agents,and employees City of Fort Collins PO Box 580 Fort Collins CO 80522 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB TB2641426942721 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB TB2641426942721 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 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 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; and (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. TB2641426942721 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB TB2641426942721 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB TB2641426942721 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 POLICY NUMBER: TB2641426942721 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to operations at a single designated "loca- tion" shown in the Schedule below: 1.A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except dam- ages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule below. 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Location General Aggre- gate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributed only to operations at a single designated "location" shown in the Schedule below: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Designated Location General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Agg- regate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D.For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E.The provisions of Section III – Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. © Insurance Services Office, Inc., 2008 Page of 2 1CG 25 04 05 09 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB SCHEDULE Designated Location(s): All locations with a total aggregate for all construction locations of $20,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2008 Page of 2 2CG 25 04 05 09 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB TB2641426942721 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB TB2641426942721 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB TB2641426942721 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB POLICY NUMBER:COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 COVERED AUTOS LIABILITY COVERAGE BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. AS2641426942711 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: Issued by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. Liberty Mutual Fire Insurance Co. Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope ofcoverage or the limits of insurance provided in this policy. AS2641426942711 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB POLICY NUMBER:COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Premium: $ Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. INCL AS2641426942711 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB WA264D426942731 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB WA264D426942731 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB WA264D426942731 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB WA264D426942731 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB Affirmation of Automatic Additional Insured Status & Primary/Non-Contributory Applicability under Coverage C and Waiver of Subrogation Endorsement In consideration of the premium paid, it is understood and agreed that Item 5. of Section IV.O. is deleted in its entirety and replaced with the following: 5. with regard to Coverage C only, any client of the Named Insured, or other entity or person, that the Named Insured is obligated to name as an additional insured (including those listed in Table A, below) on this Policy pursuant to a written contract, agreement, or permit, executed prior to when the Pollution Claim was first made, and solely as respects Pollution Conditions resulting from the Named Insured’s performance of Contractor Activities; or Solely as respects the coverage provided within this Endorsement, Section V.L. shall be deleted in its entirety and replaced with the following: L. First Party Claims or Claims made by any Insured against any other Insured. However, this Exclusion shall not apply as respects Claims made by any entity or person only qualifying as an Insured under Paragraph 5. of the Definition of Insured in this Policy. Solely as respects the coverage provided within this Endorsement, Section XI.C. Subrogation shall be deleted in its entirety and replaced with the following: C. Subrogation In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of subrogation under this Policy, to the extent such a waiver is required by a written contract with you executed prior to the Claim, against any of the following that is not a Responsible Entity: your clients, their parents or other affiliates, and your client’s designees; and your co-participants in an entity for which your participation is insured under Definition O.4. of this Policy. For Coverage A only, we will not subrogate against a Responsible Entity in excess of its collectible insurance, provided it has maintained Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced. Solely as respects the coverage provided within this Endorsement, Section XI.M. Other Insurance shall be deleted in its entirety and replaced with the following: M. Other Insurance This Policy is excess over the Self-Insured Retention and any other valid and collectible liability insurance available to you, whether such other insurance is stated to be primary, pro-rata, contributory, excess, contingent, self-insured or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy to the Policy number in this Policy’s Declarations. When any other insurance has a duty to defend a Claim, we will have no duty to defend the Claim; if no such other insurance defends the Claim, we will have the right but not the duty to defend the Claim. Under Coverage C only, when you are required by written contract, written agreement, or permit, executed prior to when the Pollution Claim was first made, to include any person or entity as an additional Insured, such coverage will be provided on a primary and non-contributory basis to the extent so required. DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB QT6301L164501TIL21 DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB COMMERCIAL INLAND MARINE their financial interest in the Covered Prop-H. Recovered Property erty.If either you or we recover any property after loss 4.We may elect to defend you against suits settlement, that party must give the other prompt arising from claims of owners of property. We notice. At your option, the property will be re- will do this at our expense. turned to you. You must then return to us the amount we paid to you for the property. We will5.We will pay for covered loss or damage pay recovery expenses and the expenses to re-within 30 days after we receive the sworn pair the recovered property, subject to the Limitproof of loss if you have complied with all the of Insurance.terms of this Coverage Part and: I. Reinstatement Of Limit After Lossa.We have reached agreement with you on the amount of the loss; or The Limit of Insurance will not be reduced by the payment of any claim, except for total loss orb.An appraisal award has been made.damage of a scheduled item, in which event we6.We will not be liable for any part of a loss will refund the unearned premium on that item.that has been paid or made good by others.J. Transfer Of Rights Of Recovery AgainstF. Other Insurance Others To Us 1.You may have other insurance subject to the If any person or organization to or for whom wesame plan, terms, conditions and provisions make payment under this Coverage Part hasas the insurance under this Coverage Part. If rights to recover damages from another, thoseyou do, we will pay our share of the covered rights are transferred to us to the extent of ourloss or damage. Our share is the proportion payment. That person or organization must dothat the applicable Limit of Insurance under everything necessary to secure our rights andthis Coverage Part bears to the Limits of In-must do nothing after loss to impair them. Butsurance of all insurance covering on the you may waive your rights against another partysame basis.in writing: 2.If there is other insurance covering the same 1.Prior to a loss to your Covered Property.loss or damage, other than that described in 2.After a loss to your Covered Property only if,1.above, we will pay only for the amount of at time of loss, that party is one of the follow-covered loss or damage in excess of the ing:amount due from that other insurance, whether you can collect on it or not. But we Someone insured by this insurance; ora. will not pay more than the applicable Limit of b.A business firm:Insurance.(1)Owned or controlled by you; orG. Pair, Sets Or Parts (2)That owns or controls you.1. Pair Or Set This will not restrict your insurance.In case of loss or damage to any part of a GENERAL CONDITIONSpair or set we may: A. Concealment, Misrepresentation Or Frauda.Repair or replace any part to restore the pair or set to its value before the loss or This Coverage Part is void in any case of fraud, damage; or intentional concealment or misrepresentation of a material fact, by you or any other insured, at anyb.Pay the difference between the value of time, concerning:the pair or set before and after the loss or damage.1.This Coverage Part; 2. Parts 2.The Covered Property; In case of loss or damage to any part of Cov-3.Your interest in the Covered Property; or ered Property consisting of several parts 4.A claim under this Coverage Part.when complete, we will only pay for the value of the lost or damaged part. Page 2 of 3 CM 00 01 09 04 QT6301L164501TIL21DocuSign Envelope ID: 3629AC74-A1C8-4AB8-8896-3F986A874FAB