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HomeMy WebLinkAboutWORK ORDER - RFP - P951 WATER WW & SW UTILITY INFRASTRUCTURE DESIGN AND CONSTRUCTION (8)CONTRACT DOCUMENTS FOR CANAL IMPORTATION PONDS AND OUTFALL _ Y Drainage Improvement Project Canal Importation Ponds & Outfall WORK ORDER #7 — KANE AND RED FOX MEADOWS PONDS MAINLINE IRRIGATION AND SNAGS WORK ORDER G-CIPO-2009-7 Qarney Garvey Construction 10822 W. Toller Drive, Suite 100 Littleton, CO 80127 ANARSON CONSUITiNG ENGINEERS, INC. Civil W ler Resoumu Envimnmenro/ Anderson Consulting Engineers 772 Whalers Way, Suite 200 Fort Collins, CO 80525 March 2009 City of Fort Collins Utilities Fort Collins Utilities 700 Wood Street Fort Collins, CO 80521 SEB Schmidt Earth Builders 7250 Greenridge Road Windsor, CO 80550 ASSOCIATES Ayres Associates 3685 JFK Parkway, Building 2, Suite 200 Fort Collins, CO 80525 SECTION 00615 PAYMENT BOND Bond No. 58658755 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Garney Companies, Inc. (Address) 10822 W. Toller DRive, Suite 100, Littleton, 00 80127 ( ), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Western Surety Ccmapny (Address F0 Box 5077, SIoux Falls, SD 57117-5077 800/331-W53 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 Two Hundred Twenty Two Thousand Two Hundred Three Dollars and Seventy Cents ($222,203.70), 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 #7 - Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags. 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 # 7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Payment Bond March 2009 00615-1 IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 9 day of March , 2009. IN ENCE OF: (Corporate Seal) IN PRESENCE OF: O�P' GOMP Gel"ORATF � n�isso� IN PRESENCE OF: AAWAZC Barbara A. Miller, Wtness M-—i Garney Companies, Inc. By: Title 10822 W. Toller Drive, Suite 100 Address Littleton, CP 80127 Other Partners By: By: uu74,40f� ety Western Surety Canpany Y� B � &--� p6aw--Att rney-in-Fact Linda L. Nutt By, c% Thanw McGee, L.C. Address F0 Box 419013 Kansas City, ND 64141--6013 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. CIPO WO # 7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Payment Bond March 2009 00615-2 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. Suaery� WESTERN SURETY COMPANY P0�9``N 2 W:40� 4f s;��SE DPK�P Paul . Bruflat, Senior Vice President State of South Dakota 1 Jt County of Minnehaha ss 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 giveri 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 D. KRELL i November 30, 2012 i s AE NOTARY PUBLIC 3^EAl i aQbSOUTH DAKOTA i �ti4s4S4tiSti4 titititititiObhMY4Y D. Krell, NoMary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WES force, and further certify that the By -Law o€th' my name and affixed the seal of the said corporative itETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in mopam+edron the.,reverse hereof is still in force. In testimony whereof I have hereunto subscribed 9'�; `i r ',--day of MUCK 2 WESTERN SURETY COMPANY e�gq`•Os=r 4CF4'. KC�Y� L. Nelson, Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. '�y SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of I CIPO WO # 7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags nce. 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 rGARNEY CONSTRUCTION ty NAME AND ��• Liber 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 1nery Accident 1 OOO OOO Each Accident Bodily Injury By Disease 1 000 000 PolicvLimit Bodily Injury By Disease 1 000 000 a 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 Liability Bodily Injury and Property Damage Liability 1 000 000 Per Occurrence Personal Injury RETRO DATE 1 000 000 Per Person / Organization "000,000 Fire Legal otf 10,000 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-01110: 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 IS 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: F —City of Fort Collins, Colorado Ci :.vtCLL ����'�� �eoo'D Laura Rudolph St. Louis / 0442 AUTHORIZED REPRESENTATIVE "_3 12250 Weber Hill Road PO Box 580 St. Louis MO 63127 800-392-9223 3/4/2009 Fort Collins CO 80522 I 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 MtD INSURLD L;LHIIFIUAIL HULDER 3/4/2009 GARNEY 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 #7 - Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags City of Fort Collins, Colorado, Ayres Associates and Anderson Consulting Engineers are an additional insured under the General Liability and Automobile Liability policy if required by written contract with the Named Insured, but only for the coverage and limits provided by the policy and the additional insured endorsement. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: City of Fort Collins (OWNER) Date of Substantial Completion: Project or Specified Part Shall Include: PROJECT TITLE: Canal Importation Ponds and Outfall — Work Order #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: Garnet/ 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 REMARKS: CIPO WO # 7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Authorized Representative Date 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags. A check is attached hereto in the amount of $ subject to the terms of the Contract Documents which are dated as Final Payment for all Work done, 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 In Title: ATTEST: Title: CIPO WO # 7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Certificate of Final Acceptance March 2009 00640-1 SECTION 00650 LIEN WAIVER RELEASE (Contractor) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: Canal Importation Ponds and Outfall — Work Order #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Lien Waiver Release (Contractor) March 2009 00650-1 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# 7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags March 2009 00525-1 Agreement Forms 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 12009 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this C Witness my hand and official seal. My Commission Expires: Notary Public CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags day of 2009, Lien Waiver Release (Contractor) March 2009 00650-2 TO: FROM: SECTION 00651 LIEN WAIVER RELEASE (Subcontractor) (CONTRACTOR) (Subcontractor) PROJECT: Canal Importation Ponds and Outfall — Work Order #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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, Miller Act 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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, M Witness my hand and official seal. My Commission Expires: Notary Public CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Lien Waiver Release (Subcontractor) March 2009 00651-2 TO: CONTRACTOR: PROJECT: CONTRACT DATE: SECTION 00660 CONSENT OF SURETY City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") Garney Companies, Inc. Canal Importation Ponds and Outfall — Work Order #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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) in ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags day of Consent of Surety March 2009 00660-1 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)(XIX) DO NOT WRITE IN 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 0170-750 (999) $0.00 89 _ Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): 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 Principal contact at exempt organization: location of project site (give actual address when contact's telephone number: and Cities and/or County (ies) where project Scheduled Month Day Year Estimated Month Day Year construction start date: I completion date: 1 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. CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Contractor Application for Tax Exemption Certificate March 2009 00670 Signature of owner, partner or corporate officer: Title of corporate officer: Date: 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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; Work Order No. G-CIPO-2009-6, Canal Importation Ponds and Outfall — Phase II Pipeline and Avery Park Modifications and Work Order No. G-CIPO-2009-7, Canal Importation Ponds and Outfall — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags. SC-1 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 OWN ER 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 CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Supplementary Conditions March 2009 00800-1 be initiated or performed until CONTRACTOR has received a signed and executed Work Order, 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, CO 80525 5.4.7.2.Anderson Consulting Engineers, 375 E Horsetooth Road, Bldg 4102, Fort Collins, CO SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Supplementary Conditions March 2009 00800-2 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: . 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. CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Supplementary Conditions March 2009 00800-3 6.35.1. CONTRACTOR agrees that he is subject to the provisions of the Williams -Steiger 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#7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags. SC-11 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Supplementary Conditions March 2009 00800-4 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Garney Companies, Inc. W. O. No. G-CIPO-2009-7 PURCHASE ORDER: TITLE: Canal Importation Ponds and Outfall — Work Order #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags ENGINEERS: Anderson Consulting Engineers 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 February 26, 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 Two Hundred Twenty Two Thousand Two Hundred Three Dollars and Seventy Cents ($222,203.70). 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 July 3, 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 July 3, 2009 until the work is Substantially Complete. CIPO WO # 7— Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags March 2009 00525-1 Work Order, Notice of Award and Bid Schedule APPENDIX A W ILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 e ■ �71�i'1 (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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Supplementary Conditions March 2009 00800-5 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags .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 #7 — Kane and Red Fox Meadows. Ponds Mainline Irrigation and Snags Supplementary Conditions March 2009 00800-7 SECTION 00900 ADDENDA, MODIFICATIONS, AND PAYMENT 00950 Contract Change Order 00960 Application for Payment CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Addenda, Modifications & Payment Table of Contents March 2009 00900-1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Canal Importation Ponds and Outfall — Work Order #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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 $ 0.00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: Project File Contractor Purchasing CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Contract Change Order March 2009 00950-1 PROJECT: Canal Importation Ponds and Outfall - WOV - Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Page 1 of 1 OWNER: City of Fort Collins Utilities CONTRACTOR: Garvey Construction APPLICATION NUMBER: 700 Wood Street 10822 W. Toiler Drive, Ste 100 APPLICATION DATE: Fort Collins, CO 80522 Littleton, CO 80127 PERIOD BEGINNING: PERIOD ENDING: ENGINEERS: Anderson Consulting Engineers 375 E Horsetooth Road, Bldg 4102 Fort Collins, CO 80525 PROJECT NUMBER: CHANGE ORDERS: PAY APPLICATION: NUMBER DATE AMOUNT Application is made for Payment as shown below in connection with the Contract. The present status of the account for this Contract is as follows. Original Contract Amount: $222,203.70 Net Change by Change Order. Revised Current Contract Amount: $222,203.70 Total Work Completed to Date: Total Change Order Work to Date: Total Stored to Date: Total Completed and Stored Materials to Date: Less Previous Payment: Amount due this Pay Application (before retainage): Less Retainage: Net Change by Change Order: $ - AMOUNT DUE THIS APPLICATION: Change Order %: 0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the WORK have been satisfied as required in paragraph 14.3 of the General Conditions of the Contract. The above Amount Due this Application is requested by the CONTRACTOR's Project Manager. Date: By: Gary Haas Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Dean Says Payment of the above Amount Due This Application is approved by the OWNER. Date: By: 4 Owen Randall, P.E. Clty of Fort Collins Page 1 of 1 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 1. The site of the work is located approximately one quarter mile east and one quarter mile south 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 A. Kane and Red Fox Meadows Ponds: 1. Installation of approximately 760 LF of 2" to 8" CLASS 200 PVC B.E. Sleeving. 2. Installation of approximately 6060 LF of 3" to 6" CL 200 PVC Gskt Mainline Pipe. 3. Installation of approximately 240 LF of 2.5" CL 200 PVC B.E. Mainline Pipe. 4. Installation of approximately 55 - 2.5" to 6" Mainline Fittings. 5. Installation of approximately 117,500 LF of Control Wire. 6. Installation of approximately 12,960 LF of 1" to 3" Lateral Piping. 7. Installation of 149 - HUNTER 1-25 Rotor Assemblies. 8. Installation of 9 - HUNTER 1-20 Rotor Assemblies. 9. Installation of 77 Rotor Assemblies for Donated Heads. 10. Installation of 2 Controllers. CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Summary of Work March 2009 01110-1 11. Installation of approximately 35 snags. 12. Approximately 107,460 SF of touch-up seeding. 13. Other items incidental to the above work items including surveying, erosion control, replacing topsoil, excavation and backfill. 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Summary of Work March 2009 01110-2 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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 Canal Importation Ponds and Outfall — Work Order #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags: • Sleeving • Mainline piping • Mainline fittings • Control wire • Valves • Lateral piping • Irrigation heads • Controllers • Touch-up seeding 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 CIPO WO #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Construction Schedules March 2009 01320-1 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 # 7— Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags March 2009 00525-2 Work Order, Notice of Award and Bid Schedule 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 #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Construction Schedules March 2009 01320-2 3/9/2009 Project: CIPO Work Order #7 - Kane & Red Fox Meadows Ponds �r sa, r Mainline Irrigation & Snags i ccznr�ar<aecrr Schedule of Values wom eo,r+or.e owea. Date: February 26, 2009 Item Number Description Unit of Measure Estimated Quantity Unit Cost ($) Item Cost ($) General Conditions 1 Estimating & Value Engineering LS 1 $ 10,300.00 $ 10,300.00 2 Mobilization & Field Overhead LS 1 26,000.00 26,000.00 3 2009 Warranty (Allowance) LS 1 3,900.00 3,900.00 Sleeving 4 Sleeving - 8" CLASS 200 PVC B.E. LF 80 21.80 1,744.00 5 Sleeving - 6" CLASS 200 PVC B.E. LF 100 10.50 1,050.00 6 Sleeving -4" CLASS 200 PVC B.E. LF 20 9.30 186.00 7 Sleeving - 3" CLASS 200 PVC B.E. LF 60 6.90 414.00 6 Sleeving - 2" CLASS 200 PVC B.E. LF 500 5.80 2,900.00 Mainline Pipe g Mainline - 6" CL 200 PVC Gskl Pipe LF 1,680 9.90 16.632.00 10 Mainline - 4" CL 200 PVC Gskl Pipe LF 1,220 4.50 5,490.00 11 Mainline - 3" CL 200 PVC Gskt Pipe LF 3,160 3.80 12,008.00 12 Mainline - 2.5' CL 200 PVC B.E. LF 240 3.50 840.00 13 Mainline - 2" CL 200 PVC B.E. LF 0 - - Mainline Fittings 14 Mainline - 6" Fittings EA 17 290.10 4,931.70 15 Mainline -4"Fittings EA 13 250.80 3,260.40 16 Mainline - 3" Fittings EA 21 217.20 4,561.20 17 Mainline - 2.5" Fittings EA 4 46.70 186.80 18 Mainline - 2" Fittings EA 0 - - Control Wire 19 Control Wire LF 117,500 0.14 16,450.00 Valves 20 6" Gate Valves EA 2 690.00 .1,380.00 21 4" Gale Valves EA 1 596.70 596.70 22 3" Gale Vaves EA 3 510.80 1,532.40 23 Quick Coupling Valves EA 21 312.30 6,558.30 24 2" R/C Valves EA 37 315.10 11,658.70 25 1.5" R/C Valves EA - 3 281.00 843.00 26 1" R/C Valve EA 1 225.60 225.60 27 Drip Valve EA 26 288.10 7,490.60 Lateral Piping 28 . 3" Lateral Piping LF 1,040 3.50 3,640.00 29 2.5' Lateral Piping LF 1,660 2.60 4,316.00 30 2" Lateral Piping LF 2.120 2.20 4,664.00 31 1.5' Lateral Piping LF 3,300 2.00 6,600.00 $2 1.25" Lateral Piping LF 80 1.90 152.00 33 1" Lateral Piping LF 4,760 1.80 8,568.00 Irrigation Heads , 34 HUNTER 1-20 Rotor Assemblies EA 9 29.90 269.10 35 HUNTER 1-25 Rotor Assemblies EA 149 41.40 6,168.60 36 Rotor Assembly Installation for Donated Heads EA 77 16.40 1,262.80 Controllers 37 Controllers EA 2 3,300.00 6,600.00 Miscellaneous 38 Misc. Allowance LS 1 16,000.00 16,000.00 39 Touch-up Cover Crop Seeding with Straw Mulch SF 107,460 0.03 3,223.80 40 Snag Installation EA 35 560.00 19,600.00 TOTAL ESTIMATED PRICE 222,203.70 CONTRACTOR: Garney Companies, Inc. By: Name: OWNER'S ACCEPTANCE & EXECUTION: Date: 2:) b) o<, Title: V \ e-D 7 This Work Order anA,the attached Contract Documents are hereby accepted and incorporated herein by this reference anq thq attached4 tice to Proceed is hereby given. ACCEPTANCE: .�-�- Dean Saye, Sp cia Prejects Manager Reviewed By t n Randaif, ilities Engineer Approved By: Ua im Hibbard, Engine ring & Field Services Manager OWNER: CITY OF FORT COLLINS James B. O'neill II, CPPO, FNIGP Director —of Purchasing And Risk Management CIPO WO # 7- Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags March 2009 00525-3 Date: 03 13 c Date: /G b Date: 3 ib Date: {{ 7 ) i -? /v Work Order, Notice of Award and Bid Schedule SECTION 00530 WORK ORDER NOTICE TO PROCEED Description of Work: Canal Importation Ponds and Outfall — Work Order #7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags To: Garvey 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 The dates for Substantial Completion and Final Acceptance shall be July 3, 2009 and August 31, 2009, respectively. Citv of Collins OWN By: Dean Saye Title Proiect Manager ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this it %, y of C 2009. Darney Companies, Title: �� C~���� i S)cJ T CIPO WO# 7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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 # 7 — Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags Bonds and Certificates March 2009 00600-1 SECTION 00610 PERFORMANCE BOND Bond No.58658755 KNOW ALL MEN BY THESE PRESENTS: that ( Firm) Garney C Panes, Inc. (Address) 10822 W. Toller Dr. Suite 100, Littleton, CO 80127 ( ), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Western Surety Canpany (Address) PO 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 Two Hundred Twenty Two Thousand Two Hundred Three Dollars and Seventy Cents ($222,203.70), 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 #7 - Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags. 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# 7 - Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags 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 9 day of March , 2009. IN 7SENCE O�F�: (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: CORP�q� �2 TF Cn 44 �ouRi Barbara A. Miller, Witness 0 0 'meµ, � A'uretyGe' al), - o ° 9�Opa°000aoP00�) q °pi �4'O•h A S Title 10822 W. TollerDr.. Suite 101 Address Littleton, CD 80127 Other Partners By: By: SuretyWestern Surety Canpany ` k ' gee Attorney -in -Fact Linda L. Nutt By: c/o Thanas McGee, L.C. Address F0 Box 419013 Kansas City, ND 64141-6013 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. CIPO WO# 7 - Kane and Red Fox Meadows Ponds Mainline Irrigation and Snags March 2009 00610-2 Performance Bond