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HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - CONTRACT - BID - 5728 SPRING PARK IMPROVEMENTS (4)SECTION 00500 AGREEMENT -FORMS 00510Notice of Award 00520Agreement 00530 Notice to Proceed SECTION 00610 PERFORMANCE BOND Bond No. B21865712 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Walsh Construction, Inc. (Addresa)5828 North Saint Louis Avenue, Loveland, CO 6053b (an individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Gulf Insurance Company (Address) 3055 Lebanon Road, Suite 3-1100, Building Three, Nashville, TN 37214 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal Sum of ($182,711.00) Dollars 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 CONDITIONS OF THIS OBLIGATION are such that whereas the Prince al entered intoQ a certain Agreement with the OWNER, dated the day of 4 xt 4Q , 20d�; a copy of which is hereto. attached and made a part hereof for. the performance of The City of Fort Collins project, SPRING PARK IMPROVEMENTS; Bid No. 5728. NOW, THEREFORE, if the Principal Shall well, truly and faithfully perform Its duties, all the undertakings, covenants, terms, conditions and agreements of Said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period,, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do SO, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value receivsd, hereby stipulates and agrees that no change, extension of time, alteration or addition to the texas of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way 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 Agreement 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. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to.the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 3rd day of October 20 02 IN P SENCE OF: �A-NC+J1 M , 1�i4LL (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: Asti Ins+ 21 ✓F)'h,N mA . Y Fl/�S (Surety Seal) NOTE 7/96 Principal. (Title) Jr�?� A V . (Address) Other Partners By: By: Surety: gulfoIn rangy¢ any }' /b �` By +' Willi m Hu to, Attorney -inn- 'ae By: 111 John St., 25th Floor, NYe-NY 10030_ (Address) ra. J " Ii -.,:... Date of Bond must not be prior to date of Agreement. If tbftAKCTOR is Partnership, all partners should execute Bond. Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. B21865712 KNOW ALL MEN BY THESE PRESENTS. that (Firm) Walsh Construction, Inc. (Address)5828 North Saint Louis Avenue, Loveland, CO (an Individual), (a Partnership), (a Corporation), "Principal" and (Firm) Gulf Insurance Company (Address) 3055 Lebanon Road, Suite 3-1100, Building Three, Nashville, TN 37214 as hereinafter referred to as "the surety", are held and firmly bound unto the City of Fort Collina, 300 Laporte Ave., Fort_ Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of (5182,711.00) 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 CONDITIONS OF THIS OBLIGATION are such that Whereas the Princi 1 anter d into a certain Agreement with the OWNER, dated the ++-• day of x 20b , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, SPRING PARK IMPROVEMENTS; Hid No. 5728. NOW, THEREFORE, if the Principal shall make payment to all persona, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented 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. 7/9.6 Section 00615 Page 1 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 Agreement or, to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bonds and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement 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. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 3rd day of October , 20 Da iN P ESENCE OF: /j/% Vrinaipal BY ov (Title) �7 4 , �DUcd �UGt1 �Q�(cY LO �f%� (Address) (Corporate Seal) IN PRESENCE OF: Other Partners IN PRESENCE OF: 8uroty; G 1 Insu anc Comp ny� p r By. 711 is Hutto, ttorney- J�n47)-A is M315 By: 111 John St., 25th Floor, (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. It"`COR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY Bond 11 B21865712 ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint William H. Hutto Spencer H. Zettler its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents'to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. _ y\vycUFtANCf C°\ mJ GGPPOggTF 'Py SEAL STATE OF NEW YORK SS °OhvEcz Gs COUNTY OF NEWYORK J/ 1111914 21 l eRMIJ A MIN DIM0516M&I Lawrence P. Minter Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance 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 instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. rA.a v$� 2QT�L� N Y STATE OF NEW YORK l SS y� OUBJG�o COUNTY OF NEW YORK J �F NE`N ANGIE MAHABIR-BEGAZO Notary Public, State of New York No. OIMA6019988 Qualified in Kings County Commission Expires February 16, 2003 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. �\Ng0rtANCE Co Dated the 3rd day of October 20 02. � oGaPOrF YL SEAL tM ECt G George Biancardi Senior Vice President SGulf Insurance Group 3055 Lebanon Road, Suite 3-1100, Building Three Nashville, TN 37214 (A STOCK COMPANY) PRINCIPAL'S ACKNOWLEDGEMENT INDIVIDUAL VERFICATION State of County of On This day of in the year before me personally came to me known, and known to me to be the person(s) who is (are) described in and who executed the foregoing instrument, and acknowledges to me that he (they) executed the same. (Signature and title of official taking acknowledgement) PARTNERSHIP VERIFICATION State of County of On This day of in the year , before me personally came to me known, and known to me to be the person(s) who is (are) described in and who executed the foregoing instrument, and acknowledges to me that he (they) executed the same. CORPORATE VERIFICATION says that hp� des iq the City &F � pU a tip N Of of the `I0N5`i�[/C�/Orl TNt?. Instrument, that he knows the seal of the said corporation; tt was so affixed by the order of the Board of Directors of said SURETY COMPANY ACKNOWLEDGEMENT (Signature and title of official taking acknowledgement) County of L� (/Y7EiI/t- in e year O a before me personally came to me known, who, be' n by me duly swom, deposes and that he is the �RC-4- �E NT the corporation described in and which executed the foregoing t c seal affix to the said instrument is such corporate seal; that it brporation, aithat Jre/$I '}this narp�thereto by like order. and title of official State of New York County of New York on this 3rd day of October in the year 2002 . before me personally came William H. Hutto to me known to be the individual described in and who executed the foregoing instrument and to be the Attomey-In-Fact of GULF INSURANCE COMPANY, which is to me known to be the corporation described in the foregoing instrument, and which, by its said Attomey-In-Fact executed the same, and said Attorney -In -Fact duly acknowledged to me that he knows the seal of said corporation; that the seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he executed the said instrument as the acting deed of said GULF INSURANCE COMPANY, therein described and for the uses and purposes therein mentioned, by virtue of a certain power of attorney executed by said GULF INSURANC$COMPANY dated October 3 . 2002 which said power has never been revoked and is still in full force and effect. L e I I-) I a me" lif No. CIZE5002314 awNed In Naa Cvun%p owwftlon Expires July IH* 200 GULF INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31. 2001 LIABILITIES $ 464,176,315 AUETS Reserve fo $ $07.636,544 r Losses and Loss Expo Bonds 92,441.196 2t0,443,t145 Reserve for Unearned Premiums Slack .0- Reserve for expenses, Taxes. 1 a.560,670 Collateral Loans licenses and Fees Cash and Bank Balances 28.229,054 inw Reserve for Unauthorized Reranca 0 , Agents Balances or Uncollected 136,687,000 Funds Held Under Reinsurance 0 Premiums Treaties Funds Held by or Deposited 631.sse Payable to Parent, Subsidiaries 96.627,215 with Rflnwred Companies and Affiliates Reinsurance Recoverable on Loss 0 Other Lieb110e9 '18,351,021 Payments $ 690,156,957 TotalLlabiliues Recelvable from Parent 0 Subsidiaries and Affiliates POLICYHOLDERS' SURPLUS other assets 131,808,465 Capital Stock 6.500.000 418.829.888 Surplus Total Policyholders' Surplus $ 426,329,89a Total Liabilities and $ 1,116,486.246 Total Assets E 1,115,486.246 Potlgnolders' Surplus Bonds and stocks are valued In atbardance with the basis adopted by the National AsScOatidfl Of Insurance Commissbnens (NAIC). Securities carried at $17.144.097 in the above Statement are deposited as required by law. CERTIFICATE Sharon E. Seabolt Assistant Conaoller and Wayne R. Zachary. Jr.. Assistant Treasurer of the Gulf Insurance Company being duly sworn say that they are the above described officers of the said company and that on the 31st day of December, 2001 the Company was actually possessed of the assets set forth in rite foregoing statement and that such assets were available forte �e payment of losses and calms and hetd for the protection of Its policyholders and creditors, except indicated, and that the foregoing statement Is a coRe4t exhibit of such assets and liabilities of the said company on the 3151 day of December, 2001 according to the best of their informadon, knowledge and belief, respectively. S�ovc���o`ycR Assistant Controller W 2 Ass sea Treasurer State of Texas County of Dallas On Ne ith day or January, 2002. before me tame the above named OtfiCera of the Gulf Insurance Company, to me personally (mown to be the Individuals and officers described manic, and acknowledge Nat may executed the foregoing Instrument and affixed ice seal Of said COMPWY therein by authority of mair offoe. Q.-AVONNASANDERFERMY COMMISSION EXPIRES Vonna Sanderfer - Notary PublicOECEMBER 19, 20�4My commission expires 12/1912004 .��a,... -- CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 10/17/02 THU.-14:3,3 FAX 9702789396 Walsh Construction Inc. fa 001 AC ORQ CERTIFICA1:'= OF LIABILITY INSUF;�;NCF OPIO DATE00"TT 11ALSH-1 to/02/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RMATI ( ONI:IY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Business Insurance Agency' Inc 353 Vets memorial Hwy 1 HOLDER. ALTER THIS CERTIFICATE DOES NOT AMEND, EXTENO OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERSAFFORDUVGCOVERAGE Commack NY 11725 �i, r Phone: 631-864-2200 FaeB31-864-2344 INSURED INSUROA-, American International Group INSURE',R B: Clarendon Insurance INBUREjS Travelers Property Casualty Walsh Construction Inc S828 No. St. Louis Ave Loveland CO 80538i INsuRE',R IY. INSURER E: COVERAGES I I I I' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MAY PERTMN, THE INSURANCE AFFORQEO BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ABOVE FOR WITH RESPECT 710 TO ALL T THE POLICY PERIOD INDICATEA NOTWITHSTANDING WHICH THIS CERTIFICATE MAY BE ISSUED OR E TERMS, EXCW610NS AND CONDITIONS OP SUCH WBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE GATE MMIDD POLICYEXPRtATION DATE MWD LUNT5 A GENERAL LNBR.NY X COMMERCWLGENERALuABRITY CLAIMS MADE ® OCCUR LX6341694-1 - S, I i 04/0 . '', '/02 04/01/03 EACH OCCURRENCE 31, 000, 000 FIRE QMIAGE(Any ixmif I $100, 000 MED EXF (MY aAe Pam) % S , 00 0 PERSONAL S ADV INJURY S1, 000, 000 GENERALAGGREGATE S2,000,000 GENL AGGREGATE LEAK APPLIES PER, POLICY X j[y7 LOG PRODUCTS• COMPIOPAGG $1,000,000 A .t. AUTOMOBILE LMJNLRY. ANYAUTO I HIRED AUTOS NONOWNED AUTOS CA9384279-0 .:,. I`� . ,,• '.i 04/0 � /02''I'04/01•/03 .:. .. ., _____ .:._ COMBINED SINGLE MMU :IE°".°Vd. W. I. $11000.1000 X (�d av�IN^aiRr — ._ S - ._. _.. .'. $'.SGrEOVLED.AU'T03 X Booar IN A . Rr (PwecrJdeml 6 X PROPERIYDALIAGE (Pesalde t) S GARAGE LVMBILIIY ANY AUTO AUTO ONLY. EA ACCIDENT 6 EA ACC "ToOTHEONLY AUTO ONLY: AGG 6 S A EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION a 10, 000 UD4067462 � 04/0 '/02 04/01/03 EACH OCCURRENCE $5,000,000 AGGREGATE a 5, 000, 000 s 6 6 e 'WORKERS COW9NSATION MID EMPLorERS uaslurY 774000003694102 04/01/02 04/01/03 TORr LIMBS Ffi E.L. EACH ACCIDENT $ 500, 000 E.L. DISEASE -EA EMPLOYEE 95()0,()00 E.L OISEASQ. POLICY LIMIT 1500,000 C OTHER Leaeed/Rent Equip, 1 OT660732X7527, 04/2Q/02 04/20/03 All Risk $50,000 DESCRIPTION OF OPERATIONSILOCATR)NWEHICLESIEXCLUSIONS IIDDEB,BY ENDORSEMENTISPECWL re job: Spring 'Park Improvements, Bid�No. 5728: included as addition inlsured Citp'.of PROVISIONS Fort Collins is '. FOR COL SHOIILb ANY OF THEABOVE DESCRIBED POLIDES BE CANCELLED BEFORE THE EXPIII j" ..• .'_, CityOf Fort Collins PO Box 580 1P DATE 7RIEREOF NOTICETO THEISSIIING INSURERMLLIVIOBAVORTOMNL -2-0—OAYSWRRTEN': THE CFANRGTE HOLDER NAMEOTOTHEI-M, BUTPAILURET000SOSNALL 261 North CollegejAve j IMPOSE NO CBLIGATIQN OR LIABILITY OF ANY NIND UPON THE INSURER, ITS AGENTS OR Port Collins CO 80522 REPRESENTATIVES. I 6D REPR VE v —, ®AE;ORO CORPORATION 1989 .10/17/102 THU 14:33 FAX 9702789396 Walsh Construction Inc. [a 002 t If the certillcals holder is an ADDITIONAL IN: on this canifioale does not confer rights to the If SUBROGATION IS WANED, subject to the require an endorsement. A statement on lhlw 1 holder in lieu of such domemenl(s). ie policy(las) at be endorsed. A statement holder in lieu of such endomement(s). 1 conditions f the policy, certain policies may does not confer rights to the certificate ISCLAIN I ' The Certificate of Maurar" on the reverse side of thi form does the issuing insurer(s), authorized representative or producer, and affirmatively or negatively amend, extend or alter the caverace aff nstihde a contract behNeen rtificale holder, nor does It by the policies listed thereon_ SECTION 00510 NOTICE OF AWARD Date: September 27, 2002 TO: Walsh Construction, Inc. PROJECT: SPRING PARK IMPROVEMENTS; Bid No. 5728 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated September 3, 2002 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for SPRING PARK IMPROVEMENTS; Bid No. 5728. The Price of your Agreement is One Hundred and Eighty-two Thousand Seven Hundred Eleven Dollars ($182,711.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by October 7, 2002. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins WNE By: ��. Jams B. 07Neill II, CPPO, FNIGP A ` Director of Purchasing and Risk Management Title 9/12/01 Section 00510 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: SPRING PARK IMPROVEMENTS; Bid No. 5728 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. INEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: 7/96 AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of , 20 the City of Fort Collins, Colorado, has accepted the Work completed by IMPROVEMENTS; Bid for the City of Fort Collins project, SPRING PARK No. 5728. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: SPRING PARK IMPROVEMENTS; Bid No, 5728 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 7/96 Section 00650 Page 1 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the .lender, if any, and Surety on any labor and material bonds for the project. ` Signed this ATTEST: Secretary day of CONTRACTOR By: Title: STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20_, by Witness my hand and official seal. My Commission Expires: 7/96 , 20 day of Notary Public Section 00650 Page 2 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) l61 - uv NU WHILE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 89 -LA 0170-750 (999) $0.00 h rvI LTA k`,y 1�iu"pWI� n Evhj4 xN1§r rhr E�} 5 , i�YFwl1ti i5°�l 5f4 4.9?N' .) s, .,Na w Y4f{7."4I l��*f{r wFvl « E L Trade name/DBA: Owner, panner, or corporate name: Mailing address (City, State. zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bld amount for your contract: Fax number: Business telephone number: Colorado withholding tax account number: ar PClolg�@n a Aii9�(. M ,� r x, 7` and"(2} �imngraign }; ilea jjnn Y� �l1@�.:-.n : ' _ , recto edt Name of exempt organization (as shown on contract). Exempt organizations number. 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contacts telephone number. Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construct ion start date: completion date: 4im 'S.I rtty,p f 9. YY ?vLkg { y 2 �1 ik FF- tM1 # ri. y 55,�, 'P tle Y 7k: txy"'f nle'�V1'4�j .yt'4 w I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer. Title of corporate officer. Date: rlA wIf1T \11I�ITG CGr cur �. uw . ...� with paragraph 14.7 of the General Conditions or as provided by law. 3.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors 9/12/01 Section 00520 Page 3 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: SPRING PARK IMPROVEMENTS; Bid No. 5728 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for urety) on bond of _hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) ME ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in -Fact. 7/96 Section 00660 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 27th day of September in the year of 2002 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Walsh Construction, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of improvements including sidewalks; water, wastewater, and electric utilities; restroom; minor earthwork; and site furnishings, and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Architect Studio and City of Fort Collins Park Planning, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 75 days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 90 days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Three Hundred Dollars ($300.00) for each calendar day or fraction 9/12/01 Section 00520 Page 1 thereof that expires after the Seventy-five (75) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Fifty Dollars ($150.00) for each calendar day or fraction thereof that expires after the Fifteen (15) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($182,711.00), One Hundred Eighty-two Thousand Seven Hundred Eleven Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance 9/12/01 Section 00520 Page 2 or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Cover Sheet, Existing Conditions/Demolition - D1, Layout Plan - Ll, Utility Plan - Ul, Sanitary Sewer Plan and Profile - U2, Shelter and Restroom Areas - CA1, Architectural Plans, Section, Details - Al, Architectural Elevations, Section, Door Details - A2, Architectural Wall Sections, Details, Door Schedule - A3, Architectural Details - A4, Mechanical Plans and Details - Ml, Electrical Plans and Details - El & E2, Site Details - SDI & SD2. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 9/12/01 Section 00520 Page 4 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 OWNER: TY OF FORT FORT COLLINS By: 4 • JOHN F. SCHBACH, CITY MANAGER BY: 0 l__J l4-cXk JAMES O'NEILL II, CPPO, FNIGP DIR CT R OF PURCHASING AN ISK ZT Date: (L// Attest: Address Fort Collins, CO 80522 Appro ed as t Form Assistant ity Attorney CONTRACTOR: Walsh Construction, Inc By: A-'-h'w -r- V Jkl sr� Title: Date: (CO/oz)(C, RATE .,SEEA��eL�) Attest: /�l1/wl.u""` Address for giving notices: Walsh Construction, Inc. 5828 N. St. Lows Ave. Lpveland. CO 80538 LICENSE NO.: C)- 11C) 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: SPRING PARK IMPROVEMENTS; Bid No. 5728 To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be , and , 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance 00615 Payment Bon 00630 Certificate 00635 Certificate 00640 Certificate 00650 Lien Waiver 00660 Consent of 00670 Application Bond i of Insurance of Substantial Completion of Final Acceptance Release (CONTRACTOR) Surety for Exemption Certificate