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HomeMy WebLinkAboutWORK ORDER - RFP - P951 WATER WW & SW UTILITY INFRASTRUCTURE DESIGN AND CONSTRUCTION (7)CONTRACT DOCUMENTS FOR CANAL IMPORTATION PONDS AND OUTFALL _s Drainage Improvement Project Canal Importation Ponds & Outfall WORK ORDER #6 — PHASE II OUTFALL AND AVERY PARK MODIFICATIONS WORK ORDER G-CIPO-2009-6 Qarney Garvey Construction 10822 W. Toller Drive, Suite 100 Littleton, CO 80127 AN&RSoN CONSVITING ENGINEERS, INC. Civil R'ulrr Raoxmes Enwro.unavxl Anderson Consulting Engineers 772 Whalers Way, Suite 200 Fort Collins, CO 80525 March 2009 City of SEB/ 11",F,�O_rt Collins unity Operations Fort Collins Utilities Schmidt Earth Builders 700 Wood Street 7250 Greenridge Road Fort Collins, CO 80521 Windsor, CO 80550 ASSOCIATES Ayres Associates 3685 JFK Parkway, Building 2, Suite 200 Fort Collins, CO 80525 SECTION 00615 PAYMENT BOND. Bond No. 58658757 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Garney Campanies, Inc. (Address) 10822 W. Toller Drive, Suite 100, Littleton, CW 80127 ( , (a Corporation), hereinafter referred to as the "Principal" and (Firm) West :ern Surety Company (Address PO Box 5077, Sioux Falls, SD 57117-5077 800/331-6053 hereinafter referred to as "the Surety", are held and firmly bound unto the 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 One Million Eight Hundred Nineteen Thousand Seven Hundred Seventy Three Dollars and 00 Cents ($1,819,773.00), 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 Principal entered into a certain Agreement with the OWNER, dated December 6, 2004, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Canal Importation Ponds'and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications. NOW, THEREFORE, if the Principal shall make payment to all persons, 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. 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 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. CIPO WO #6 - Phase II Outfall and Avery Park Modifications March 2009 00615-1 Payment Bond IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 18 day of March , 2009. IN PRESENCE OF: Princi al Gamey des, Inc. —z �B - (Corporate Seal) IN PRESENCE OF IN PRESEN OF: C9:'GORPORq T •• �N F �M%ssou��� m 'A:' Miller, Witness �q �(Sur�etyaSeall9�,t� Title 10822 W. Toller Dr., Suite 100 Address Littleton 00 80127 Other Partners By: By: Surety Western Surety Ccmpany By: I2LClot') ,. Attorney -in -Fact Linda L. Nutt By: c/o Thanas McGee, L.C. Address F0 Box 419013 Kansas Cty, MO 64141-WI3 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. CIPO WO #6 — Phase II Outfall and Avery Park Modifications March 2009 00615-2 Payment Bond Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Barbara A Miller, Brenda L Linze, J Douglas Joyce, Eric Van Buskirk, Linda L Nutt, Lawrence S Kaminsky, Michael T Kelly, Eugene A Klein, Thomas P Latz, Thomas M English, Michael Lee Swift, Individually of Kansas City, MO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse. hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of January, 2007. .s�aE WESTERN SURETY COMPANY 'W?xPOR c02% =NfpP gj�'yS} IT 16, CA Wf4 =t TM op� Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 23rd day of January, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY 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. My commission expires ; '''`"""""' """""'""'"''''''`' a D. KRELL f November 30, 2012 i NOTARY PUBLIC SEaL SE l f r SOUTH DAKOTAr f l �4SS�sS4ti�s�s4h4SSb44h4ti�rYh CERTIFICATE 1jj_4 k4-aj- D. Krell, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation, thisr.r� day of March 2� teSjAETy,` " r ';,WESTERN SURETY COMPANY 4~• •°jaw �pPOgq�das , .y L. Nelson, Assistant Secretary Form F4280-09-06 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. CIPO WO #6 — Phase II Outfall and Avery Park Modifications Certificate of Insurance March 2009 00630-1 Certificate of Insurance THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFERS NO RIGHT UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that GARNEY CONSTRUCTION NAME AND �'• Libert): 10822 W TOLLER DRIVE, SUITE 100 ADDRESS OF INSURED Mutual® LITTLETON CO 80127 is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM WORKERS COMPENSATION 10/1 /2009 WA2-14D-426942-738 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: AL,AR,AZ,CO,FL,GA,KS,KY,MO, NE,SD,TN,TX EMPLOYERS LIABILITY Bodily ldurybyAccident 1 OOO OO O Each Accident Bodily Injury By Disease 1 000 000 Bodily Injury By Disease 1 000 000 a P r GENERAL LIABILITY 10/1 /2009 TB2-141-426942-728 General Aggregate —Other than Products / Completed Operations 2 000 000 ❑ OCCURRENCE Products / Completed Operations Aggregate ❑ CLAIMS MADE 2 000 000 Bodily Injury and Property Damage Liability 1 000 000 Per Occurrence Personal Injury RETRO DATE 1 000 000 Per Person / Organization OtTYOO,000 Fire Legal IDT10,000 Medical AUTOMOBILE LIABILITY 10/1/2009 AS2-141-426942-718 Each Accident —Single Limit $1 ,000,000 B.I. And P.D. Combined Each Person OWNED Each Accident or Occurrence mNON -OWNED HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS See Addendum Attached. . If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. Liberty Mutual NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS 1S ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 60 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: City of Fort Collins, ColoradoCi Laura Rudolph St. Louis / 0442 AUTHORIZED REPRESENTATIVE "— 12250 Weber Hill Road PO BOX 580 St. Louis MO 63127 800-392-9223 3/10/2009 Fort Collins CO 80522 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 I1VHIVItU INJUKtU UtKIIFILIA It HULUtK 311012009 IGARNEY CONSTRUCTION City of Fort Collins, Colorado 10822 W TOLLER DRIVE, SUITE 100 PO Box 580 LITTLETON CO 80127 Fort Collins CO 80522 RE: Canal Importation Ponds and Outfall - Work Order #6 - Phase II Outfall and Avery Park Modifications. City of Fort Collins, Colorado and Ayres Associates are an additional insured under the General Liability and Automobile Liabilty policy if required by written contract with the Named Insured, but only for the coverage and limits provided by the policy and additional insured endorsement. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: City of Fort Collins (OWNER) Date of Substantial Completion: PROJECT TITLE: Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins Project or Specified Part Shall Include: CONTRACTOR: Garvey Companies, Inc. CONTRACT DATE: 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. By: ENGINEER 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 substantially 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 Authorized Representative Date REMARKS: CIPO WO #6 — Phase II Outfall and Avery Park Modifications Certificate of Substantial Completion March 2009 00635-1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen: , 2009 You are hereby notified that on the day of , 2009, the City of Fort Collins, Colorado, has accepted the Work completed by Garney Construction for the City of Fort Collins project, Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications. 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 QI Title: ATTEST: Title: CIPO WO #6 — Phase II Outfall and Avery Park Modifications Certificate of Final Acceptance March 2009 00640-1 SECTION 00650 LIEN WAIVER RELEASE (Contractor) TO: City of Fort Collins, Colorado (OWNER) :0►A (CONTRACTOR) PROJECT: Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications 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. 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 CIPO WO #6 — Phase II Outfall and Avery Park Modifications Lien Waiver Release (Contractor) March 2009 00650-1 be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 2009 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 2009 By Witness my hand and official seal. My Commission Expires: Notary Public CIPO WO #6 — Phase II Outfall and Avery Park Modifications Lien Waiver Release (Contractor) March 2009 00650-2 SECTION 00500 AGREEMENTFORMS 00525 Work Order, Notice of Award, and Bid Schedule 00525-1 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (CONTRACTOR) 00650-1 - 00650-2 00651 Lien Waiver Release (SUBCONTRACTOR) 00651-1 - 00651-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00800 Supplementary Conditions 00800=1 - 00800-8 00900 Addenda, Modifications and Payment 00900 00950 Work Order Change Order 00950-1 00960 Application for Payment 00960-1 - 00960-4 CIPO WO#6 - Phase II Outfall and Avery Park Modifications Agreement Forms March 2009 00525-1 TO FROM: SECTION 00651 LIEN WAIVER RELEASE (Subcontractor) (CONTRACTOR) (Subcontractor) PROJECT: Canal Importation Ponds and Outfall - Work Order #6 - Phase II Outfall and A Park Modifications The Subcontractor acknowledges having received payment, except retainage, from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR 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 Subcontractor voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, MillerAct claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the Subcontractor 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 CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The Subcontractor 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 Subcontractor or its' agents, employees, and servants, or by and through the Subcontractor by various sub -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 against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub - subcontractors, materialmen, employees, servants agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their 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. 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 CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. CIPO WO #6 - Phase II Outfall and Avery Park Modifications Lien Waiver Release (Subcontractor) March 2009 00651-1 Signed this day of SUBCONTRACTOR: By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) 2009 Subscribed and sworn to before me this day of 2009, By Witness my hand and official seal. My Commission Expires: Notary Public CIPO WO #6 — Phase II Outfall and Avery Park Modifications Lien Waiver Release (Subcontractor) March 2009 00651-2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Garnet/ Companies, Inc. PROJECT: Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for bond of (Surety) 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 .2009. (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. CIPO WO #6 — Phase II Outfall and Avery Park Modifications March 2009 00660-1 day of Consent of Surety DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 CONTRACTOR APPLICATION (303)232-2416 FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1 XaKXIX) 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 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 0 1 70-750 (999) $0.00 89 - -rade name/DBA: Mailing address (City, State, Zip): Owner, partner, or corporate name: Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number: Business telephone number: Colorado withholding tax account number: Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): contact at exempt Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled IVIVnuI vdy Tcdi Estimated iwUmn vdy Tedi construction start date: I completion date: 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: CIPO WO #6 — Phase II Outfall and Avery Park Modifications Contractor Application for Tax Exemption Certificate March 2009 00670 DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. CIPO WO #6 — Phase II Outfall and Avery Park Modifications Contractor Application for Tax Exemption Certificate March 2009 00670 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications (rev. 9/99)) and other provisions of the Contract Documents executed under the P951 Water, Wastewater, and Stormwater Utility Infrastructure Improvements Master Contract dated December 6, 2004. Unless included in this work order, all work performed under this work order shall be conducted in accordance with the technical specifications of Work Order No. G-CIPO-2008-1, Canal Importation Ponds and Outfall - Pre -Irrigation Work; Work Order No. G-CIPO-2008-2, Canal Importation Ponds and Outfall - RFM and Kane Ponds; Work Order No. G-CIPO-2008-3, Canal Importation Ponds and Outfall - Phase I Outfall; Work Order No. G-CIPO-2008-4, Canal Importation Ponds and Outfall - Fairbrooke Pond and Outfall Structure; Work Order No. G-CIPO-2009-5, Canal Importation Ponds and Outfall - Outfall Phase II and Fairbrooke Pond; and Work Order No. G-CIPO-2009-6, Canal Importation Ponds and Outfall - Phase II Outfall and Avery Park Modifications. SCA DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. ... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified deficiencies corrected. SC-1.43.A Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order - A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8 Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawing and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10, Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10 Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, CIPO WO #6 - Phase II Outfall and Avery Park Modifications Supplementary Conditions March 2009 00800-1 incorporating the Notice to Proceed, from OWNER; and no provision of the Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: A. Canal Importation Channel Corridor; Ground Water Monitoring Wells, CTL Thompson, 9/22/2006. B. Ground Water Investigation; New Mercer Ditch Improvements, CTL Thompson, 9/27/2006. C. Groundwater Investigation; New Mercer Tunnel and Pipeline, CTL Thompson, 10/11 /2006. D. Ground Water Monitoring Wells, CTL Thompson, 5/22/2007. E. Geotechnical Investigation, Canal Importation Ponds and Outfall (CIPO) Glenmoor Drive, West Elizabeth Street, Castlerock Drive and Prospect Road Fort Collins, Colorado, CTL Thompson, 3/23/2007. Contractor may rely upon the accuracy of the technical data contained in the documents, but not upon non -technical data, interpretations or opinions contained therein or upon the completeness of any information in the report. . SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional Insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1.The City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2.Ayres Associates, 3665 JFK Parkway, Building 2, Suite 200, Fort Collins, Colorado 80525 SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 5.4.8.1.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: CIPO WO #6 — Phase II Outfall and Avery Park Modifications Supplementary Conditions March 2009 00800-2 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000 / $100,000 / $500,000. 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9. This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. SC-6 CONTRACTOR'S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately following paragraph 6.14.2 of the General Conditions: 6.14.3.1. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR'S duty and responsibility for compliance thereto: 6.14.3.2. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado, has been issued by its office and there shall also be procured from the Colorado Secretary of State a photostatic or certified copy of the designated place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3 The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-6.35. Add the following new paragraphs immediately following paragraph 6.34 of the General Conditions: 6.35 Federal Requirements. As applicable, and as may be required for any Work Order, CONTRACTOR agrees to the following additional requirements. 6.35.1. CONTRACTOR agrees that he is subject to the provisions of the Williams -Steiger CIPO WO #6 — Phase II Outfall and Avery Park Modifications Supplementary Conditions March 2009 00800-3 Occupational Safety and Health Act of 1970 and related program requirements, as included in Appendix A of the Supplementary Conditions. 6.35.2. CONTRACTOR agrees to utilize the rural Area business Development Plan, as included in Appendix B of the Supplementary Conditions. 6.35.3. CONTRACTOR agrees to the Prohibition Against Listed Violated Facilities, as included in Appendix C of the Supplementary Conditions. 6.35.4. N/A CIPO WO#6 - Phase II Outfall and Avery Park Modifications SCA 1 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions. 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2 and 11.6.2.3. SC-12 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions. 12.3 ... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.1. Add the following language to the end of paragraph 14.1 of the General Conditions. 14.1. Schedule of values ... Progress payments on the negotiated not -to -exceed fee shall be based on a time and materials basis. END OF SECTION CIPO WO #6 - Phase II Outfall and Avery Park Modifications Supplementary Conditions March 2009 00800-4 APPENDIX A W ILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 A. AUTHORITY (1) The CONTRACTOR is subject to the provisions of the Williams -Steiger Occupational Safety and Health Act of 1970. (2) These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s), including but not limited to the latest amendment of the following: a. Williams -Steiger Occupational Safety and Health Act of 1970, Public Law 94-596; Part 1910 - Occupational Safety and Health Standards, Chapter XVII of the Title 29, Code of the Federal Regulations. C. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. B. SAFTEY AND HEALTH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 - Safety and Health Regulations for Construction (29 CFR 22801), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of the construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location and agenda to be included. Attendance by the OWNER, architect, general foreman, shop steward(s) and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foremen shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries or health hazards to the owner and architect or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970. (5) This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein. CIPO WO #6 — Phase II Outfall and Avery Park Modifications Supplementary Conditions March 2009 . 00800-5 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Garney Companies, Inc. W. O. No. G-CIPO-2009-6 PURCHASE ORDER: TITLE: Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications ENGINEERS: Ayres and Associates OWNER'S REPRESENTATIVE: Dean O. Saye NOTICE OF AWARD DATE: March 9, 2009 OWNER: CITY OF FORT COLLINS (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated March 9, 2009, for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated December 6, 2004, you have been awarded a Work Order for this Work Order Description: A. See Section 01100 — Summary of Work. 2. CONTRACT PRICE, BONDS, AND CERTIFICATES. The price of your Work Order is One Million Eight Hundred Nineteen Thousand Seven Hundred Seventy Three Dollars and 00 Cents ($1,819,773.00). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is September 4, 2009, and after Substantial Completion, the number of days for Final Payment and Acceptance is 60 Calendar days. 4. 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 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: Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after September 4, 2009 until the work is Substantially Complete. CIPO WO #6 — Phase II Outfall and Avery Park Modifications Work Order, Notice of Award and Bid Schedule March 2009 00525-1 APPENDIX B RURAL AREA BUSINESS ENTERPRISE DEVELOPMENT PLAN The Contractor agrees and is required to utilize the following affirmative steps: A. Placing Small Businesses in Rural Areas (SBRA) on solicitation lists; B. Ensuring that SBRAs are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; D. Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; E. Requiring the contractors if it awards subcontracts, to take the affirmative steps in subparagraphs A. through E. of this condition. CIPO WO #6 — Phase II Outfall and Avery Park Modifications Supplementary Conditions March 2009 00800-6 APPENDIX C PROHIBITION AGAINST LISTED VIOLATED FACILITIES A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports and information, as well as other requirements specified in section 114 and section of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) That the best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (2) Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions or other requirements which are contained in, issued under or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Air Act (42 U.S.C. 1857c-5(d), an approved implementation procedure or plan -under section 111(c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d). (4) Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. (6) Facility means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations, owned leased or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building plant, installation or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. CIPO WO #6 — Phase II Outfall and Avery Park Modifications Supplementary Conditions March 2009 00800-7 SECTION 00900 ADDENDA, MODIFICATIONS, AND PAYMENT 00950 Contract Change Order 00960 Application for Payment CIPO WO #6 — Phase II Outfall and Avery Park Modifications Addenda, Modifications & Payment Table of Contents March 2009 00900-1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications CONTRACTOR: Garney Companies, Inc. PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) ACCEPTED BY: ACCEPTED BY: REVIEWED BY: Contractor's Representative Project Manager Title: DATE: DATE: DATE: APPROVED BY: DATE: Title: APPROVED BY: Purchasing Agent over $30,000 cc: Project File Contractor Purchasing CIPO WO #6 — Phase II Outfall and Avery Park Modifications March 2009 00950-1 DATE: $ 0.00 Contract Change Order SECTION 01110 SUMMARY OF WORK PART GENERAL 1.01 SECTION INCLUDES A. Site location and description. B. Project description. C. Scope of work and work sequence. D. Underground utilities. 1.02 SITE LOCATION AND DESCRIPTION A. Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications 1. The site of the work is located approximately one quarter mile east and one quarter mile north of the intersection of Prospect Road and Taft Hill Road, Fort Collins, Colorado as shown on the Drawings. 2. The site is in the Canal Importation Basin in west central Fort Collins, Colorado. 1.03 PROJECT DESCRIPTION Work Order #6 — Phase II Outfall and Avery Park Modifications work includes but is not limited to: A. Phase II Outfall: 1. Construction of approximately 487 LF of 96" RCP main line including riser manholes and a 102" x 96" transition piece. 2. Construction of inlets A-5 through A-10 including water quality snouts. 3. Construction of laterals A-5 through A-11 including manholes and A-11 headwall. 4. Construction of Al Box Base Manhole. 5. Construction of approximately 70 LF of 30" RCP Avery Pond drain with manhole and snout. 6. Construction of temporary surfacing and permanent concrete paving on Castlerock. 7. Springfield Drive and Oakwood Drive asphalt paving. CIPO WO #6 — Phase II Outfall and Avery Park Modifications Summary of Work March 2009 01110-1 8. Repair of Hollywood sidewalk, curb and gutter and inlet tie-ins. B. Springfield Storm Sewer: 9. Construction of approximately 564 LF of 24", 36" and 42" RCP including manholes and snouts. 10. Construction of Inlets A6-1 and A6-2 11. Repair of Hollywood sidewalk, curb and gutter and inlet tie-ins. 12. Repair of Skyline Drive cross pan. C. Avery Pond Modifications: 13. Construction of 520 LF of 15" HDPE Avery Pond drain with inlets. 14. Construction of Avery Pond weir wall. 15. Construction of approximately 379 LF of 24" RCP lateral A-12. 16. Construction of Inlet A-12 17. Construction of an earthen swale. 18. Construction of an earthen embankment. 19. Seeding of disturbed areas. 20. Demolition of existing concrete outlet structure. 21. Plug existing 48" drains. D. Suffolk Street Storm Sewer: 22. Construction of approximately 228 LF of Tx 3' RCBC with bend. 23. Construction of 6 Inlets with connecting 42" RCP. 24. Repair of sidewalk, curb and gutter and inlet tie-ins. 25. Repair of disturbed landscape. 26. Construction of 6" irrigation main line. E. Job specific equipment rental and demobilizing: 27. Komatsu PC800 CIPO WO #6 - Phase II Outfall and Avery Park Modifications Summary of Work March 2009 01110-2 28 Taylor TH-350 lift truck 29. Other items incidental to the above work items including surveying, erosion control, clearing and grubbing, stripping and stockpiling topsoil, dewatering, excavation and backfill. 30. All other items set forth in the Specifications and Drawings. 1.04 WORK SEQUENCE A. The Work Sequence is to be submitted as part of the construction schedule required in Section 01320 (Construction Schedules) and Section 01330 (Submittals). Construction of the project shall begin within seven (7) calendar days of the date of Notice to Proceed. 1.05 UNDERGROUND UTILITIES A. It shall be the responsibility of the CONTRACTOR to verify the existence and location of all underground utilities along the route of the work and to coordinate the construction schedules with these utility owners. See Section 01180 for a list of Utility Sources. B. Known utilities and structures adjacent,to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans, however, there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. A. The CONTRACTOR shall field verify all utilities and coordinate construction with utility owners prior to starting construction. The CONTRACTOR shall be responsible for protecting utilities during construction and scheduling utility adjustments to eliminate conflict with progress of the work. Any damage to existing utilities shall be repaired at no additional cost to the OWNER. C. The CONTRACTOR shall notify the ENGINEER immediately of any field condition not consistent with the contract documents. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO #6 — Phase II Outfall and Avery Park Modifications Summary of Work March 2009 01110-3 SECTION 01270 MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 SECTION INCLUDES A. The work performed under this Agreement shall be paid for on a Time and Materials basis. The quantities provided on the Bid Schedule are only estimates of the actual quantities of the work to be performed, and are only included for purposes of making the award and establishing a basis for estimating the probable cost of the Work. The actual amounts of work performed and materials furnished may differ from the estimated quantities. The basis of payment for work and materials bid as time and materials will be the actual amount of approved work done and materials furnished. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amount for bid items. Payment shall be made only for those items included in the Bid Schedule. All costs incurred shall comply with the provisions of these Specifications and shall be included in the price bid for the associated items in the Bid Schedule. Except as may be otherwise stipulated, the OWNER will furnish no material, labor or equipment. The quantity of work, which will be considered for payment, is the actual cost of the work plus CONTRACTOR'S markups in accordance with all relative Specifications and Agreements. END OF SECTION CIPO WO #6 — Phase II Outfall and Avery Park Modifications 01270 -1 March 2009 Measurement and Payment SECTION 01320 CONSTRUCTION SCHEDULES 1.01 SECTION INCLUDES A. Prepare detailed schedule of all construction operations and procurements to be reviewed by parties attending the preconstruction conference. Schedule shall be approved by the OWNER and ENGINEER prior to Notice to Proceed. 1.02 FORMAT AND SUBMISSIONS A. Prepare construction and procurement schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit four (4) copies of each schedule to the OWNER and -ENGINEER for review. The ENGINEER will return one copy to the CONTRACTOR with revisions suggested or necessary for coordination of the Work with the needs of the OWNER or others. 1.03 CONTENT A. Construction Progress Schedule 1. Show the complete work sequence of construction by activity and location. 2. Show the dates for the beginning and completion of major task items. At a minimum, show the following items for CIPO WO #6 — Phase II Outfall and Avery Pond Modifications. Phase II Piping • RCP and lateral installations • Inlet installations • Paving • Restoration Springfield Lateral • RCP and lateral installations • Inlet installations • Paving • Restoration Avery Park Modifications • Stripping and grubbing • Excavation and haul • RCP and inlet installations • Demolition of existing structures • Embankment CIPO WO #6 — Phase II Outfall and Avery Park Modifications Construction Schedules March 2009 01320-1 • Erosion control • Fencing Show projected percentage of completion for each item as of the first day of the month. B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials. 1.04 PROGRESS REVISIONS A. Submit revised schedules and reports when changes are foreseen, when requested by OWNER or ENGINEER, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. 1.05 OWNER'S RESPONSIBILITY A. OWNER's review is only for the purpose of checking conformity with the Contract Documents and assisting CONTRACTOR in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving CONTRACTOR from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO #6 - Phase II Outfall and Avery Park Modifications Construction Schedules March 2009 01320-2 2) Final Acceptance: After Substantial Completion Two Hundred Dollars ($200.00) for each calendar day or fraction thereof that expires after the 60 calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. 5. SHARED SAVINGS CLAUSE. Should a new way of constructing any portion of the Project be discovered that involves a substantial savings, Shared Savings may be applied. The shared savings proposal must involve modifying the means, methods and/or the materials used without impacting the quality of the project. After receiving approval from the Design Engineer, the construction team shall submit their proposal to the review Committee. This committee will be comprised of the Senior Utilities Engineer, the Utility Senior Buyer, and the contractor's General Manager. If the change is approved, a Change Order will be processed documenting the change(s) to the Contract. As per the Contractor's Proposal, Seventy-five (75) percent of the savings shall belong to the City while twenty-five (25) percent of the savings shall belong to the Contractor. This Paragraph 5, Shared Savings Clause, supersedes and will take president over the Shared Savings Clause contained in the Master Agreement dated December 6, 2004. 6. EXECUTION. Three (3) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Four (4) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (fifteen) days of the date of this Notice of Award, that is, by June 13, 2008. A. You must deliver to OWNER three (3) fully -executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. CONTRACTOR'S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated December 6, 2004 and the NOTICE OF AWARD dated March 9, 2009, between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CIPO WO #6 — Phase II Outfall and Avery Park Modifications March 2009 00525-2 Work Order, Notice of Award and Bid Schedule SECTION 00900 ADDENDA, MODIFICATIONS, AND PAYMENT 00950 . Contract Change Order 00960 Application for Payment CIPO WO #6 — Phase II Outfall and Avery Park Modifications Addenda, Modifications Payment Table off Contents March 2009 00900-1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications CONTRACTOR: Garney Companies, Inc. PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: Project File Contractor Purchasing CIPO WO #6 — Phase II Outfall and Avery Park Modifications March 2009 00950-1 DATE: DATE: DATE: DATE: DATE: $ 0.00 0.00 0.00 0.00 $ 0.00 Contract Change Order SECTION 01110 SUMMARY OF WORK PART GENERAL 1.01 SECTION INCLUDES A. Site location and description. B. Project description. C. Scope of work and work sequence. D. Underground utilities. 1.02 SITE LOCATION AND DESCRIPTION A. Canal Importation Ponds and Outfall — Work Order #6 — Phase II Outfall and Avery Park Modifications 1. The site of the.work is located approximately one quarter mile east and one quarter mile north of the intersection of Prospect Road and Taft Hill Road, Fort Collins, Colorado as shown on the Drawings. 2. The site is in the Canal Importation Basin in west central Fort Collins, Colorado. 1.03 PROJECT DESCRIPTION Work Order #6 — Phase II Outfall and Avery Park Modifications work includes but is not limited to: A. Phase II Outfall: 1. Construction of approximately 487 LF of 96" RCP main line including riser manholes and a 102" x 96" transition piece. 2. Construction of inlets A-5 through A-10 including water quality snouts. 3. Construction of laterals A-5 through A-11 including manholes and A-11 headwall. 4. Construction of Al Box Base Manhole. 5. Construction of approximately 70 LF of 30" RCP Avery Pond drain with manhole and snout. 6. Construction of temporary surfacing and permanent concrete paving on Castlerock. 7. Springfield Drive and Oakwood Drive asphalt paving. CIPO WO #6 — Phase II Outfall and Avery Park Modifications Summary of Work March 2009 01110-1 8. Repair of Hollywood sidewalk, curb and gutter and inlet tie-ins. B. Springfield Storm Sewer: 9. Construction of approximately 564 LF of 24", 36" and 42" RCP including manholes and snouts. 10. Construction of Inlets A6-1 and A6-2 11. Repair of Hollywood sidewalk, curb and gutter and inlet tie-ins. 12. Repair of Skyline Drive cross pan. C. Avery Pond Modifications: 13. Construction of 520 LF of 15" HDPE Avery Pond drain with inlets. 14. Construction of Avery Pond weir wall. 15. Construction of approximately 379 LF of 24" RCP lateral A-12. 16. Construction of Inlet A-12 17. Construction of an earthen swale. 18. Construction of an earthen embankment. 19. Seeding of disturbed areas. 20. Demolition of existing concrete outlet structure. 21. Plug existing 48" drains. D. Suffolk Street Storm Sewer: 22. Construction of approximately 228 LF of Tx 3' RCBC with bend. 23. Construction of 6 Inlets with connecting 42" RCP. 24. Repair of sidewalk, curb and gutter and inlet tie-ins. 25. Repair of disturbed landscape. 26. Construction of 6" irrigation main line. E. Job specific equipment rental and demobilizing: 27. Komatsu PC800 CIPO WO #6 — Phase II Outfall and Avery Park Modifications Summary of Work March 2009 01110-2 28 Taylor TH-350 lift truck 29. Other items incidental to the above work items including surveying, erosion control, clearing and grubbing, stripping and stockpiling topsoil, dewatering, excavation and backfill. 30. All other items set forth in the Specifications and Drawings. 1.04 WORK SEQUENCE A. The Work Sequence is to be submitted as part of the construction schedule required in Section 01320 (Construction Schedules) and Section 01330 (Submittals). Construction of the project shall begin within seven (7) calendar days of the date of Notice to Proceed. 1.05 UNDERGROUND UTILITIES A. It shall be the responsibility of the CONTRACTOR to verify the existence and location of all underground utilities along the route of the work and to coordinate the construction schedules with these utility owners. See Section 01180 for a list of Utility Sources. B. Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans, however, there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. A. The CONTRACTOR shall field verify all utilities and coordinate construction with utility owners prior to starting construction. The CONTRACTOR shall be responsible for protecting utilities during construction and scheduling utility adjustments to eliminate conflict with progress of the work. Any damage to existing utilities shall be repaired at no additional cost to the OWNER. C. The CONTRACTOR shall notify the ENGINEER immediately of any field condition not consistent with the contract documents. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO #6 — Phase II Outfall and Avery Park Modifications Summary of Work March 2009 01110-3 SECTION 01270 MEASUREMENT AND PAYMENT PART1 GENERAL 1.01 SECTION INCLUDES A. The work performed under this Agreement shall be paid for on a Time and Materials basis. The quantities provided on the Bid Schedule are only estimates of the actual quantities of the work to be performed, and are only included for purposes of making the award and establishing a basis for estimating the probable cost of the Work. The actual amounts of work performed and materials furnished may differ from the estimated quantities. The basis of payment for work and materials bid as time and materials will be the actual amount of approved work done and materials furnished. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amount for bid items., Payment shall be made only for those items included in the Bid Schedule. All costs incurred shall comply with the provisions of these Specifications and shall be included in the price bid for the associated items in the Bid Schedule. Except as may be otherwise stipulated, the OWNER will furnish no material, labor or equipment. The quantity of work, which will be considered for payment, is the actual cost of the work plus CONTRACTOR'S markups in accordance with all relative Specifications and Agreements. END OF SECTION CIPO WO #6 — Phase II Outfall and Avery Park Modifications Measurement and Payment 01270 -1 March 2009 SECTION 01320 CONSTRUCTION SCHEDULES 1.01 SECTION INCLUDES A. Prepare detailed schedule of all construction operations and procurements to be reviewed by parties attending the preconstruction conference. Schedule shall be approved by the OWNER and ENGINEER prior to Notice to Proceed. 1.02 FORMAT AND SUBMISSIONS A. Prepare construction and procurement schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit four (4) copies of each schedule to the OWNER and -ENGINEER for review. The ENGINEER will return one copy to the CONTRACTOR with revisions suggested or necessary for coordination of the Work with the needs of the OWNER or others. 1.03 CONTENT A. Construction Progress Schedule 1. Show the complete work sequence of construction by activity and location. 2. Show the dates for the beginning and completion of major task items. At a minimum, show the following items for CIPO WO #6 — Phase II Outfall and Avery Pond Modifications. Phase II Piping RCP and lateral installations Inlet installations ® Paving 6 Restoration Springfield Lateral RCP and lateral installations • Inlet installations • Paving • Restoration Avery Park Modifications ® Stripping and grubbing o Excavation and haul RCP and inlet installations Demolition of existing structures ® Embankment CIPO WO #6 — Phase II Outfall and Avery Park Modifications Construction Schedules March 2009 01320-1 ® Erosion control C Fencing Show projected percentage of completion for each item as of the first day of the month. B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials. 1.04 PROGRESS REVISIONS A. Submit revised schedules and reports when changes are foreseen, when requested by OWNER or ENGINEER, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. 1.05 OWNER'S RESPONSIBILITY A. OWNER's review is only for the purpose of checking conformity with the Contract Documents and assisting CONTRACTOR in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving CONTRACTOR from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION (Not Applicable) END OF SECTION CIPO WO #6 — Phase II Outfall and Avery Park Modifications Construction Schedules March 2009 01320-2 3/9/2009 Project: CIPO WO #6 — Outfall Phase II and Fairbrooke Pond Schedule of Values co�usaa:r€czroiv Item Number Description Unit of Measure Estimated Quantity Unit Cost ($) Item Cost ($) 1 Mobilization & Field Overhead LS 1 $ 50,100.00 $ 50,100.00 2 Traffic Control (By CoFC) LS 1 - By CoFC 3 Tree Trimming (Allowance) LS 1 2,500.00 2,500.00 4 Construction Survey LS 1 14,000.00 14,000.00 5 Work Order #6 Erosion Control (Allowance) LS 1 15,100.00 15,100.00 6 Dewatering (Allowance) LS 1 10,800.00 10,800.00 7 By -Pass Pumping (Allowance) LS 1 3,100.00 3,100.00 8 SS Service & Main Temporary & Repair Materials (Allowance) LS 1 2,300.00 2,300.00 9 Water Service Temporary & Repair Materials (Allowance) LS 1 3,400.00 3,400.00 Outfall Construction - Springfield to Avery Park (Sta 33+10) 18 102" x 96" RCP Transition EA 1 7,200.00 7,200.00 19 96" Class IV RCP LF 487 662.00 322,394.00 20 96" Cut-off Wall EA 1 2,800.00 2,800.00 21 Manhole Snouts & Inlet Snouts EA 6 3,400.00 20,400.00 22 A5 Lateral - 24" Class III RCP LF 17 80.00 1,360.00 23 A5 Inlet - 3 Unit Type 13 Combo. w/Single Sweeper EA 1 13,500.00 13,500.00- 24 A6 Lateral - 42" Class III RCP (Stop @ MH A6-1 STA 10+98) LF 98 193.00 18,914.00 25 A7 Lateral - 30" Class III RCP LF 50 92.00 4,600.00 26 A6-1 & A7-1 Manholes - 72" Manholes EA 2 14,200.00 28,400.00 27 A7 Lateral - 24" Class III RCP LF 19 73.00 1,387.00 28 A7 Inlet - 3 Unit Type 13 Combo. w/Single Sweeper EA 1 12,700.00 12,700.00 29 A6 Manhole - 96" x 60" Tee Manhole & Riser (Lateral A8) EA 1 9,100.00 9,100.00 30 A8 Lateral - 30" Class III RCP LF 24 102.00 2,448.00 31 A8 Inlet - 4 Unit Type 13 Combo. w/Double Sweeper EA 1 27,000.00 27,000.00 32 A7 Manhole - 102" x 48" Tee Manhole & Riser (Lateral A9) EA 1 8,300.00 8,300.00 33 A9 Lateral - 18" Class III RCP LF 18 65.00 1,170.00 34 A9 Inlet - 2 Unit Type 13 Combo. w/Double Sweeper EA 1 14,900.00 14,900.00 35 A8 Manhole - 102" x 60" Tee Manhole & Riser (Lateral Al0) EA 1 9,100.00 9,100.00 36 A10 Lateral - 30" Class III RCP LF 23 79.00 1,817.00 37 A10 Inlet - 4 Unit Type 13 Combo. w/Double Sweeper EA 1 26,800.00 26.800.00 38 Al Box Base Manhole - 1 V x 11' Box Base Manhole EA 1 34,500.00 34,500.00 39 Al 1 Lateral - 60" Class III RCP LF 56 337.00 18,872.00 40 All 60" Headwall LS 1 21,100.00 21,100.00 41 All 60" Headwall Handrail & Trash Rack (Allowance) LS 1 16,189.00 16,189.00 42 Avery Lateral Stubout - 30" Class III RCP LF 42 212.00 8,904.00 43 Abandoned Existing Storm on Castlerock LS 1 1,100.00 1,100.00 56 Sprinkler & Landscape Repair (Allowance) LS 1 6,200.00 6,200.00 57 Castlerock/Clearview Cross pan EA 1 3,800.00 3,800.00 58 Castlerock Hollywood Curb, Gutter & Sidewalk (Allowance) LF 747 39.00 29,133.00 59 Castlerock Temporary Recycled Asphalt Surface (Allowance) SY 3,556 5.00 17,780.00 60 Castlerock Concrete Paving SY 2,223 87.00 193,401.00 61 Asphalt Street Tie-ins to Castlerock Concrete Paving SY 272 81.00 22,032.00 62 Temporary Asphalt Paving 33+10 to Clearview . SY 1,067 54.00 57,618.00 Springfield Storm Sewer 70 Springfield - 42" Class III RCP LF 429 140.00 60,060.00 71 Springfield - 36" Class III RCP LF 30 93.00 2,790.00 72 Springfield - 24" Class III RCP LF 7 121.00 847.00 73 Springfield - A6-2 Manhole - 72" Manhole EA 1 5,800.00 5,800.00 74 Springfield - A6-1 Inlet - 3 Unit Type 13 Combo. w/Single Sweeper EA 1 2 7,300.00 1 14,600.00 Page 1 of 2 3/9/2009 Item Number Description Unit of Measure Estimated Quantity Unit Cost ($) Item Cost ($) 75 Springfield - A6-1-1 Inlet - 5 Unit Type 13 Combo. w/Single Sweeper EA 1 18,900.00 18,900.00 76 Springfield - 42" Cut-off Wall EA 1 440.00 440.00 77 Springfield - Hollywood Curb, Gutter & Sidewalk (Allowance) LF 110 39.00 4,290.00 78 Springfield - Asphalt Paving SY 2,467 76.00 187,492.00 79 Springfield - R&R Crosspan @ Skyline EA 1 3,800.00 3,800.00 Avery Park Modifications 90 AP - 15" HDPE Lateral LF 520 40.00 20,800.00 91 AP - 15" Nyloplast Inlets EA 2 1,300.00 2,606.00 92 AP - CDOT Type C Inlet w/Beehive Grate EA 1 2,700.00 2,700.00 93 AP - Weir Wall LS 1 2,200.00 2,200.00 94 Al2 Lateral - 24" Class III RCP LF 379 57.00 21,603.00 95 Al2 Inlet - 2 Unit Type 13 Combo. w/Double Sweeper EA 1 9,600.00 9,600.00 96 Al2-1 Manhole - 72" Manhole EA 1 12,400.00 12,400.00 97 AP - Plug Existing 48" Drains @ Headwall EA 2 1,800.00 3,600.00 98 AP - Plug & Abandon Existing 48" Pipe EA 4 700.00 2,800.00 99 AP - Demo Existing Outlet Structure LS 1 5,000.00 5,000.00 100 AP - Remove & Replace 6" Topsoil at Swale & Berms CY 800 13.70 10,960.00 101 AP - Construct Swale (Export) CY 1,050 7.00 7,350.00 102 AP - Construct Berm & Extend Contour (Import) CY 604 13.00 7,852.00 103 AP - Grade Weir (Import) CY 118 43.00 5,074.00 104 AP - Seeding & Blanketing (Allowance) AC 2 10,100.00 20,200.00 Suffolk Street Storm Sewer 110 Suffolk - Tx 3' RCBC w/Bend LF 228 456.00 103,968.00 111 Suffolk - Special Triple Type 13 Box N/E EA 1 17,100.00 17,100.00 112 Suffolk - 42" RCP N LF 32 277.00 8,864.00 113 Suffolk - Special Triple Type 13 Box N/W EA 1 14,600.00 14,600.00 114 Suffolk - Triple Type 13 Inlets N EA 2 8,200.00 16,400.00 115 Suffolk - 48" RCP Crossing Suffolk LF 32 383.00 12,256.00 116 Suffolk - Special Triple Type 13 Box S/E EA 1 14,500.00 14,500.00 117 Suffolk - 42" RCP S LF 16 316.00 5,056.00 118 Suffolk - Special Triple Type 13 Box S/W EA 1 14,100.00 14,100.00 119 Suffolk - Triple Type 13 Inlets S EA 2 8,100.00 16,200.00 120 Suffolk - Sidewalk R&R Along Taft SF 1,200 10.00 12,000.00 121 Suffolk - Hollywood Curb, Gutter & Sidewalk (Allowance) LF 200 39.00 7,800.00 122 Suffolk -Asphalt Paving SY 534 78.00 41,652.00 123 Suffolk - Landscape (Allowance) LS 1 13,200.00 13,200.00 124 Suffolk - 6" Irrigation Line (Allowance) LS 1 7,400.00 7,400.00 Pre -Purchase Materials Based on Previous Commitments 148 IPre-Purchase 96" RCP Shear Reinforcing (Allowance) LS 1 8,300.00 8,300.00 Job Specific Equipment Demobilization 150 Komatsu PC800 Demobilization (Allowance) LS 1 5,400.00 5,400.00 151 Taylor TH-350L Lift Truck Demobilization (Allowance) LS 1 1,000.00 1,000.00 TOTAL ESTIMATED PRICE $ 1,819,773.00 Page 2 of 2 CONTRACTOR: Garney Companies, Inc. By: _. Name: OWNER'S ACCEPTANCE & EXECUTION: This Work Order and by this reference a ACCEPTANCE: Dean Reviewed By: Reviewed By: Approved By: OWNER: OITT By- -- ( - Jam Date: Title: the attached Contract Documents are hereby accepted and incorporated herein he attachedNotice to Proceed is hereby given. ye, Projects Manager Oven Randall, Se 'or Utilitieg Engineer C.-At4/ im Hi ard, E gineering & Field Services Manager i anon . Ufi sties Executive Director OF FORT aOLLLNS ::�� �6 0:-T� I I 3. O'Mill II, CPPO, FNIGP of Purchasing And Risk Management By: DariMX ry, 4^ CIPO WO #6 — Phase II Outfall and Avery Park Modifications March 2009 anager 00525-3 Date: e95 lz.!) Date: Date: Z� 9 Date: 3 -L6 -d 1 Date: is 0 Date:-&V� Work Order, Notice of Award and Bid Schedule may. LL��M MEMORANDUM Utilities electric • stormwater • wastewater • water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 — fax 970.224.6003 — TDD utilities@fcgov.com fcgov. com/utilities DATE: March 24, 2009 TO: Darin Atteberry, City Manager FROM: Dean Saye, Special Projects Manager THRU: Owen Randall, Senior Utilities Engineer I Jim Hibbard, Water Engineering and Field rations Manage Brian Janonis, Utilities Executive Director James O'Neill, Director of Purchasing & Risk anagemen, RE: Canal Importation Ponds and Outfall Project, Work Order #6 — Phase II Outfall and Avery Park Modifications Attached are three duplicate originals of the construction work order for the CIPO Work Order #6 — Phase II Outfall and Avery Park Modifications for your execution. The purpose of this work order is to provide continuation of the construction of improvements for the Canal Importation Ponds and Outfall project. Major portions of this work order include the installation of approximately 487 LF of 96" RCP main line storm drainage pipe in with associated laterals, inlets and restoration in Castlerock Drive, 564 LF of 24", 36" and 42" RCP main line storm drainage pipe in with associated laterals, inlets and restoration in Springfield Road, 228 LF of 7' x 3' RCBC with associated laterals, inlets and restoration in Suffolk Street and stormwater modifications in Avery Park Detention Pond. Garney Companies, Inc will be the General Contractor for the work order. Garney is currently under contract with the City of Fort Collins for the Utilities' annual services contract. In accordance with the Utilities' APDS policies, an independent estimate of Garney's work order estimate was conducted by Capstone Planning & Control, Inc. After reconciliation the estimates had approximately a 1.1 % deviation. Please let me know if you have any questions regarding this matter. Call me at 217-8116 when the agreements have been signed and I will have them picked up. Attachments Dminage Y Improvement Project Canal Importation Ponds &. Outfall SECTION 00530 WORK ORDER NOTICE TO PROCEED Description of Work: Canal Importation Ponds and Outfall -Work Order #6 -Phase 11 Outfall and Avery Park Modifications. To: Garnet/ Companies, Inc. 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 fifteen (15) calendar days from receipt of this notice as required by the Agreement. Dated this 03 f2;cl The dates for Substantial Completion and Final Acceptance shall be September 4, 2009 and November 2, 2009, respectively. Citv of.Fort Collins OWNE By: )IL, DeNan Saye Title Project Manager ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this ?*M day of LV e"l. , 2009. Garnev Companies, Inc. Title: 'J c CIPO WO #6 - Phase II Outfall and Avery Park Modifications Notice to Proceed March 2009 00530-1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CIPO WO #6 — Phase II Outfall and Avery Park Modifications Bonds and Certificates March 2009 00600-1 SECTION 00610 PERFORMANCE BOND Bond No. 58658757 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Gamey CaTanies, Inc. (Address) 10822 W. Toller Drive, Suite 100, Littleton, OD 80127 (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) Western Surety Ccnpany F0 Box 5077, Sioux Falls, SD 57117-5077 800/331--6053 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 One Million Eight Hundred Nineteen Thousand Seven Hundred Seventy Three Dollars and 00 Cents ($1,819,773.00), 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 Principal entered into a certain Agreement with the OWNER, dated December 6, 2004, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Canal Importation Ponds and Outfall - Work Order #6 - Phase II Outfall and Avery Park Modifications. 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. 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 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. CIPO WO #6 - Phase II Outfall and Avery Park Modifications March 2009 00610-1 Performance Bond IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 18 day of March 2009. IN/nPRESENCE OF: / Principal Garrey Companies, Inc. (Corporate Seal) IN PRESENCE OF IN PRESEN E OF: co C9 CORPORA TF': �tN �M..souR` Barbara A. Miller, Witness Title 10822 W. Toller DR., Suite 100 Address Littleton, CD 80127. Other Partners By: By: Surety Western Surety Company By:� Attorney -in -Fact Linda L. Nutt By; c/o Thomas McGee, L.C. Address PO Box 419013 Kansas City lD 64141-6013 ?oed4Jco, o r,4nn rg°y,?R9'S` e NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. CIPO WO #6 - Phase II Outfall and Avery Park Modifications March 2009 00610-2 Performance Bond