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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - CONTRACT - PURCHASE ORDER - 9120997CONTRACT DOCUMENTS FOR THE Utilities Improvements for the BRT ~ Phase 3 City of F76ort Collins �y�, utuity Services February 2012 City of 110 FO_rt Collins Utility Services Connell Resources, Inc. Fort Collins Utilities Stantec Consulting Services, Inc. 7785 Highland Meadows Parkway 700 Wood Street 2950 East Harmony Road Fort Collins CO 80528 Fort Collins CO 80521 Fort Collins CO 80525 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 8th day of February, 2012 . (Corporate Seal) IN PRESENCE OF: IN PRESENC OF: /AU Witness (Surety Seal) rincip I Connell Resources, Inc. By: Viet Title 7785 Highland Meadows Parkway, Suite 100 Fort Collins. CO 80528 Address Other Partners By: Travelers Casualty and Surety Ur8ty Company of America By: Attamey-in-Fact Darlene Krin By:One Tower Square, Hartford, CT 06183 Address NOTE: Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond. Utilities BRT Phase 3 Performance Bond February 2012 00610-2 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) Connell Resources. Inc. (Address) 7785 H (an Individual), (a Bond No. 105695868 hereinafter referred to as the "Principal" and (Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square, Hartford, CT 06183 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 Hundred Thirty-two Thousand, Five Hundred Eighty -Eight Dollai ($132.588.00) in lawful money of the United States, for the payment of which sum well and truly to 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 February 16, 2010, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Utilities BRT Phase 3. NOW, THEREFORE, if the Principal shall make payment to all persons, fines, 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. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 8th day of February 2012. Utilities BRT Phase 3 Performance Bond February 2012 00615-1 (Corporate Seal) IN PRESENCE OF: IN PRESENCE F: t Witness (Surety Seal) P Inc! al Connell Resources, Inc. By: Vcc Title 7785 Highland Meadows Parkway, Suite 100 Fort Collins. CO 80528 Address Other Partners urety r By: Attorney -in -Fact Darlene Kri gs By: One Tower Square, Hartford, CT 06183 Address NOTE: Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond. Utilities BRT Phase 3 February 2012 00615-2 Performance Bond WARNING: THIS POWER OF ATTORNEY IS INVALID AIN► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223049 Certificate No. 004645092 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Darlene Krings, William C. Bensler, Kelly T. Urwiller, Diane F. Clementson, Anthony P. Stimac, Royal R. Lovell, Jennifer Winter, Russell D. Lear, Katherine E. Dill, French J. Tetley, and K'Anne E. Vogel of the City of Greeley , State of Colorado , their true and lawful Attomey(s)-in-Pact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in them -business of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permineekin any actions or,proceedings allowed by law. 16th IN WITNESS W H{'�REOF, the Camp es have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of Decent er bII ��� Farmington Casualty Company' Fidelity and Guari ntylInsurancerCompanyws Fidelity and Guaranty Insu nee Underwrters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Memory Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company e y?+raiRlttp Na�o? �pto.r m 1982 0jw +: 1 XRRIFOPD.9 MMnOm y 9 1951 �;_seah hot �gs:`SHRL;px' WOS °a �* eIMP Stale of Connecticut City of Hartford ss. By: /Gc.,gl&jThompson, ty ice President 16th December 2011 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �.inq� In Witness Whereof, I hereunto se[ my hand and official seal. � My Commission expires the 30th day of June, 2016. P t0i18l�ps \' • v�k le, 's- MarxC. Tctrcault, Notary Public 58440-6-11 Printed in U.S.A. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Utilities BRT Phase 3 February 2012 Certificate of Insurance 00630-1 Client#: 14427 CONRE1 ACORD. CERTIFICATE OF LIABILITY INSURANCE °2106/2012 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Flood & Peterson Ins., Inc. CONTACT NAME, Nikki Mosbrucker PHONE 970-266-712376.596.6623 AIC No Eat: INC,NCNo P. O. Box 578 Greeley, CO 80632 970356-0123 L Ifikki.mosbrucker@l,�f insurance.com ADDRESS: V P CUSTOMER IB,: FTC full cart INSURER(S) AFFORDING COVERAGE NAICIf INSURED INSURER A: Travelers Insurance Company Connell Resources, Inc. 7785 Highland Meadows Parkway Fort Collins, CO 80528 INSURER BPinnacol Assurance INSURER C INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE L POLICY NUMBER MMIUO E� (MMIDD EIYYYY) LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR DTC04794N532- IND11 6/01/2011 0610112012 EACH OCCURRENCE $1000000 DAMAGE TO RENTED— PREMISESEecccunence s300000 MED EXP(Any one parson) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY X JECT 1-1 PRO,LOC PRODUCTS - COMPIOP AGG $2,000,000 $ A AUTOMOBILE 1XXX LIABILITY ANVAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Drive Other Car 1 DT8104794N532- TIL11 1 D610112011 06/01/2012 COMBINED SINGLE LIMIT IEaaccident) $ 1000000 BODILY INJURY(Per Person) $ BODILY INJURY(Per accident) S PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE DTSMCUP4794- N532TIL11 610112011 06/01/2012 EACH OCCURRENCE $10 000 000 AGGREGATE $10 000 000 DEDUCTIBLE RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Myandatory in NHl If DESCRIPTION OF OPERATIONS below NIA 4029651 6/0112011 06/01/2012 X WC STATU- OTH- E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE -POLICY LIMIT 1 s500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ADDED 101, Addilianal Ramerkc Schedule, if more space Is squired) RE: CRI# 2121004 BRT Phase 3 - The City of Fort Collins, its officers, agents and employees are named as additional insured, but only as (See Attached Descriptions) City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Sue Paquette ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 580 Fort Collins, CO 80522 I AUTHORIZED REPRESENTATIVE 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S675008/M615935 KXH DESCRIPTIONS?(Continuedfrom Pagel) respects liability arising out of work performed by the named insured. A waiver of subrogation applies. AMS 25.3 (2009109) NS6750081M615935 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: City of Fort Collins (OWNER) Date of Substantial Completion: PROJECT TITLE: Utilities BRT Phase 3 LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins Project or Specified Part Shall Include: CONTRACTOR: Connell Resources, 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: Utilities BRT Phase 3 Certificate of Substantial Completion February 2012 00635-1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: You are hereby notified that on the day of , 2012, the City of Fort Collins, Colorado, has accepted the Work completed by Connell Resouces, Inc. for the City of Fort Collins project, Utilities BRT Phase 3. A check has been issued in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: . Title ATTEST: By: Title: Utilities BRT Phase 3 February 2012 Certificate of Final Acceptance 00640-1 SECTION 00650 LIEN WAIVER RELEASE (Contractor) TO: City of Fort Collins, Colorado (OWNER) FROM: Connell Resources, Inc. (CONTRACTOR) PROJECT: Utilities BRT Phase 3 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Utilities BRT Phase 3 February 2012 Lien Waiver Release (Contractor) 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 Utilities BRT Phase 3 Agreement Forms February 2012 00500-1 Signed this day of 120 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 M Witness my hand and official seal. My Commission Expires: Notary Public Utilities BRT Phase 3 February 2012 Lien Waiver Release (Contractor) 00650-2 SECTION 00651 LIEN WAIVER RELEASE (Subcontractor) TO: Connell Resources, Inc. (CONTRACTOR) FROM: PROJECT: Utilities BRT Phase 3 (Subcontractor) 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. 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 assertfor 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 ortheir 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. Utilities BRT Phase 3 February 2012 Lien Waiver 00651-1 Signed this day of 20 SUBCONTRACTOR: By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day a Witness my hand and official seal. My Commission Expires: Notary Public Utilities BRT Phase 3 February 2012 Lien Waiver 00651-2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Connell Resources, Inc. PROJECT: Utilities BRT Phase 3 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 ,20 (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Utilities BRT Phase 3 February 2012 day of Consent of Surety 00660-1 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)(a)(XIX) 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. Reg istration/Amount No. (to beassigned byDOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION E-Mail address: Business telephone number: name: your EXEMPTION 'INFORMATION Copies of contractor agreement pages (1) identifying the contracting parties and (2) containing signatures of contracting parties must be attached. I Name of exempt organization (as shown on contract): Exempt organization's number: contact's telephone number: address when applicable and Cities and/or County Scheduled construction start date: monm way .ear Estimated completion date: monm way rear 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. owner, partner or Utilities BRT Phase 3 February 2012 Title of corporate officer: LINE Contractor Application for Tax Exemption Certificate 00670 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. Utilities BRT Phase 3 February 2012 Contractor Application for Tax Exemption Certificate 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 the Work Order No. 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, 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 Utilities BRT Phase 3 February 2012 Supplementary Conditions 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. Excel Spreadsheet, AutoCAD, and text file Pothole information by BRT Mason Corridor City Surveyors dated January 2012. B. Pothole information obtained by Connell Resources in the Fall of 2011 along the BRT corridor for utility information. 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.Stantec Consulting Services, 2950 E Harmony Rd, Ste 290, Fort Collins, CO 80528 5.4.7.2.Connell Resources, Inc. 7785 Highland Meadows Pkwy, Ste 100, Ft Collins, CO 80528 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: 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 Utilities BRT Phase 3 February 2012 Supplementary Conditions 00800-2 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-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. Utilities BRT Phase 3 Supplementary Conditions February 2012 00800-3 Utilities BRT Phase 3 February 2012 END OF SECTION Supplementary Conditions 00800-4 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Connell Resources, Inc. W. O. No. SCP-BRT-020312 PURCHASE ORDER: TITLE: Utilities Improvements along the BRT — Phase 3 ENGINEERS: Stantec Consulting Services, Inc. OWNER'S REPRESENTATIVE: Sue Paquette NOTICE OF AWARD DATE: February 3, 2012 OWNER: CITY OF FORT COLLINS (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated February 3, 2012, for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated February 16, 2010 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 $132,588.00. 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 April 30, 2012, 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 April 30, 2012 until the work is Substantially Complete. Utilities BRT Phase 3 February 2012 Work Order, Notice of Award and Bid Schedule 00525-1 SECTION 00900 ADDENDA, MODIFICATIONS, AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Utilities BRT Phase 3 Addenda, Modifications, & Payment February 2012 00900-1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Utilities BRT Phase 3 CONTRACTOR: Connell Resources, 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 ORDERS TOTAL PENDING CHANGE ORDERS TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) ACCEPTED BY: ACCEPTED BY: REVIEWED BY: Contractor's Representative Special Projects Manager Senior Engineer 0.00 0.00 0.00 0.00 DATE: m Cp7J APPROVED BY: DATE: Water Field Services & Ops Manager APPROVED BY: DA Purchasing Agent over $60,000 cc: Project File Contractor Purchasing Utilities BRT Phase 3 February 2012 Contract Change Order 00950-1 -- UN AtlB M.K--►��.♦� M.00 z H z 0 A ¢ ma l 9NM am minim $ Ln R Lj — MAK M2L 'LS SAt3N1t`YY � 'm i CI yII X , mzm / I'I ♦p~ 1 (mnb� I 1 F 'F' Nzi O I I I I I I I I I 0 zrzla 0 a, sg"o 3 7 MR 2 PZA iRF ❑mg y^8� m DO mm 41j a;R ZI'1 2� ''YievN � izz.Yy «n41go W i \V I O j.QS��yO�p�mA n~2p2J+1a 69m-41y ay m .. ` 11 291.m1y �LFXN��p�QOZ FIVSn�n mp Q y < yy��NN am SR NpFpa T 41 � � K CnpVp �rSjla•Ip pym�A4 22aA��m2m < ;Q�g r� p gy yy �Ji mp y yy F i i i f z F Li cp Z snc�Fm _ c �� IPOE 9 F m S,Z a �zupi< z 9 ap o g a ? o >zs2 o onm A m oFi1� ^y I mgp A ag���i= 0 a a nr(��mi � p o zu$so Z i o� {�paj�z N s yyR T� T O�V �� 29 n s �m��•• ZZ < Qpgit CITY OF FORT COLLINS :;'Mu, Q BRT UTILITY IMPROVEMENTS FORT Cg1MS, CO 2 Tde sy�r.y ���r�• SPRING CREEK WATER AND SEWER Rensim �. "'� nitro �a s en naa ^r• _� ��"` IMPROVEMENTS v\vnrMall+V nsioze4�alwwp\.�[e.\imx-zm.a,y — 0c r g b m BNSF RAILROAD Q 1 • =ol — I -0 m o �C/ mPg I m=� og_OY1;b Go .,-- BNSF RAILROAD i gygy$$ oO /(n CD/ a =� diLffiO m2PC� A Moll BNSF RAILROAD 0-/ mE C „ mPPa;v _ y I / I sr - � _ 1 M 0 da` yV0 yry y.,. yP4 I 1 'I I ? a;�og g O �� P r m $ l D y nZ. n no z Z ' I---'--rn./—//�T r. z Z Pm I 1 z g £ 0 O nm I —I { I Oz0 - m n gg Y8g ZS 0m I pm 2 0 Mbq� I- 3 V I Oi- N Nn D 0 1 D m5 o= M En 11 O MM zpE 74 On� 5ma pZ O74 mm $p • I mm 1 Y //// I zR (A zOm w i _ C>O i� 1 JJ D z —m n I g N z f co I I g D m� vwi c - I Z �. m f i I D < � y S D. y 1> 10 S D I Z Icn .I .F n k 7WI J 3 > I I I Z n c o !J[9 }[ MASON STREET N n I[ a — —p L`e— --------------- 0 9 �_ _ - Z O O S. MASON STREET Nb�SJ _ - :iA _'16A - V3J Y m Z 'f \\ O. T j6 I a I� I zs8�wv���5gqz'o m3 Z!.a V+. " m - z ° m v i � Pi � 3o���E9$o$ai'm•� QQ C i 2mO�£'f; HH i �n�m 5e `J �� �Z�m0 m > III° m L) ti 44�Jt�l � x• py fl�(y( 2�/ma �.�.00 �011 JONp C�NV Q �Y e S.Z oE,«Rdrg ng z 'i?y¢zrAmMAn m=— 76c"a v—'^ dya p�-z� ZAS�C(m(111t898�r,Ijr /i \ y�91-�m0 Z* a,...A\III o yy >� gQQ � pppi - Ea o 5>z 'P; b � . F /n n z g P _ o _ P 0 z i n mL�z8N 9 zoo m f y c i� >mme oi� e Q m m m m NZO p�p A�yoA� m m A. yyFo� m m Rqm Of�a IX ya O C v 5 Yi Stantec CITY OF FORT COLLINS a, � W U s � e C� V CC o BRT UTILITY IMPROVEMENTS ��///7^' F. 970.Q2.10M J\ / FORT COLLINS, CO g 7Ae MNYW tln/M'1 M b,1!t ba _- _- 12' DIP WATERLINE IMPROVEMENTS az�mwru[a..w-w.�..a +�-a.•.>. ar. r °o++.. u. ww.�a ' Rmson Iti kvd nJY1V Isuetl h kcs wren 5� �°°'°°' b w WPr mr �, yw� yyy[ Y IUWNiLL DIVISION 2 — SITE WORK (see BRT Phase 2 Work Order for these Specs) SECTION 02100 SITE PREPARATION SECTION 02200 EARTHWORK SECTION 02220 REMOVAL OF STRUCTURES AND OBSTRUCTIONS SECTION 02225 TRENCHING, BEDDING AND BACKFILL SECTION 02230 CLEARING AND GRUBBING SECTION 02231 TREE PROTECTION SECTION 02235 TOPSOIL SECTION 02240 WATER CONTROL AND DEWATERING SECTION 02315 EXCAVATION AND EMBANKMENT SECTION 02321 CONTROLLED LOW STRENGTH MATERIAL BACKFILL (FLO-FILL) SECTION 02375 RIPRAP, BEDDING AND FEATURE BOULDERS SECTION 02510 ASPHALT PAVING SECTION 02600 PIPED UTILITY MATERIALS SECTION 02605 MANHOLES AND VAULTS SECTION 02610 REINFORCED CONCRETE PIPE SECTION 02612 STEEL PIPE AND FITTINGS SECTION 02615 DUCTILE IRON PIPE AND FITTINGS SECTION 02621 PLASTIC PRESSURE PIPE SECTION 02622 PLASTIC NON -PRESSURE PIPE SECTION 02640 VALVES AND COCKS SECTION 02642 HARNESS RODS AND THRUST BLOCKS SECTION 02643 FLEXIBLE COUPLINGS AND FLANGE ADAPTERS SECTION 02644 TAPPING SLEEVES Utilities BRT Site Work TOC January 2012 Division 2 Site Work - 1 SECTION 02645 HYDRANTS SECTION 02646 WATER SERVICE LINES AND APPURTENANCES SECTION 02675 DISINFECTION OF WATER SYSTEMS SECTION 02676 HYDROSTATIC TESTING SECTION 02677 CONNECTIONS TO THE OWNERS WATER SYSTEM SECTION 02710 AGGRAGATE BASE COURSE SECTION 02722 WASTEWATER COLLECTION SYSTEM SECTION 02770 SIDEWALK CURB AND GUTTER AND MISCELLANEOUS CONCRETE SECTION 02850 PEDESTRIAN AND LIGHT VEHICLE BRIDGE SECTION 02900 LANDSCAPE PLANTING SECTION 02921 GROUND PREPARATION FOR SEEDING SECTION 02936 SODDING SECTION 02950 PLANTING SOIL PREPARATION FINISH GRADING Utilities BRT Site Work TOC January 2012 Division 2 Site Work - 2 DIVISION 3 - CONCRETE (see BRT Phase 2 Work Order for these Specs) SECTION 03151 HYDROPHILIC RUBBER WATERSTOP SECTION 03310 STRUCTURAL CONCRETE SECTION 03350 CONCRETE FINISHING SECTION 03390 CONCRETE CURING SECTION 03615 GROUT Utilities BRT Division 3 Table of Contents January 2012 DIVISION 16 - ELECTRICAL (see BRT Phase 2 Work Order for these Specs) SECTION 16643 CATHODIC PROTECTION Utilities BRT Division 16 Table of Contents January 2012 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. 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 February 18, 2012. 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 February 18, 2010 and the NOTICE OF AWARD dated February 3, 2012, 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. CONTRACTOR: Cohnell Resources, Inc By: Z/G Date: Name: Joan A, ���ih Title: 1/cc OWNER'S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference and the attached Notice to Proceed is hereby given. ACCEPTANCE: Sue F Reviewed By: G Owen Approved By: Special Projects Manager Engineer Jon Haukaas, Water Engineering and Field Services Operations Manager Utilities BRT Phase 3 February 2012 Date: Z- 3- IZ Date: ZZ��/z Date: Z 6 ri Work Order, Notice of Award and Bid Schedule 00525-2 OWNER: CITY OF FORT COLLINS By: V�- Date: 2. ! 3 I James B('0'l$leill II, CPPO, FNIGP Director kf P rchasing and Risk Management Utilities BRT Phase 3 Work Order, Notice of Award and February 2012 Bid Schedule 00525-3 Connell Resources, Inc. 7785 Highland Meadows Pkwy, #100 Fort Collins, CO 80528 Phone: (970) 223-3151 Fax: (970)223-3191 Estimator: Dan Giesler QUOTATION Submitted To: City Of Fort Collins - Utilities Address: 700 Wood St. Fort Collins, CO 80522 Contact: Sue Paquette Phone: (970) 221-6700 Fax: (970) 221-6619 Date: 2/3/2012 Bid Title BRT PH 3 - 71-Spring Crk, 72-Troutman, 73-Foothills Pkwy Bid Number: 2121004 Project Location: Various Project City, State: Fort Collins, CO Engineer/Architect: Stantec We offer for your consideration the following Quotation which, if accepted, shall constitute a contract between us. Item # Item Description Estimated Quantity Unit Unit Price Total Price Spring Creek ,Johnson Dr) - 71 00-100 Mobilization & Management (Spring Creek Site) 1.00 EACH $5,520.00 $5,520.00 01-136 Restack 72" Sanitary Manhole 1.00 EACH $6,440.00 $6,440.00 03-113 Add 24" DIP And 36" Casing & CP Test Station 30.00 LF $1,100.00 $33,000.00 08-302 Concrete Curb And Gutter 30" Vertical 30.00 LF $40.00 $1,200.00 08-402 Concrete Sidewalk (6" Thick) 1,000.00 SF $7.50 $7,500.00 08-500 Patch Concrete Retaining Wall 68.00 SF $26.00 $1,768.00 47-122 Asphalt Paving Hand Patch 3.00 TON $830.00 $2,490.00 Total Price for above Spring Creek (Johnson Or) - 71 Items: $57,918.00 Troutman - 72 00-100 Mobilization & Management (Spring Creek Site) 03-300 12" IT Restaint 03-306 12" Gate Valve W/ Box 03-600 Flow Fill Street For Temp Surface 22-220 Remove 12" DIP 47-122 Asphalt Paving Hand Patch & Sawcut (165' X 8'W X 6" Th) 1.00 EACH $4,400.00 $4,400.00 2.00 EACH $2,600.00 $5,200.00 1.00 EACH $8,300.00 $8,300.00 30.00 CY $99.00 $2,970.00 160.00 LF $45.00 $7,200.00 50.00 TON $290.00 $14,500.00 Total Price for above Troutman - 72 Items: $42,570.00 McClelland @ Foothills Pkwv - 73 00-100 Mobilization & Management (Spring Creek Site) 1.00 EACH $3,900.00 $3,900.00 03-206 6" 90 Bend & Abandon Exist Stub To South 1.00 EACH $7,400.00 $7,400.00 03-300 6" & 8" IT Restaints 4.00 EACH $2,900.00 $11,600.00 47-122 Asphalt Paving Hand Patch 40.00 TON $230.00 $9,200.00 Total Price for above McClelland @ Foothills Pkwy - 73 Items: $32,100.00 Total Bid Price: $132,588.00 Notes: • Pricing is based upon meetings, discussions and plans entitled "BRT Utility Improvements" reed 2/2/12, Sheets 12" DIP Waterline @ Troutman & Spring Creek WV & Swr, as prepared by Stantec. And No Geotechnical engineering report. • The following are excluded from this proposal: Construction layout and engineering; Drainage facility certification; Warrantee period in excess of one year; Street cleaning for work performed by others; Permits: including but not limited to, city building, development construction, construction dewatering, wastewater discharge, storm water discharge (NPDES), air quality, etc.; Fees, including but not limited to, for developement, inspection, utility connection, meters, etc.; Dewatering; Maintenance of erosion control devices for others; quality control or acceptance testing; prairie dog removal, relocation, or extermination; landscaping, seeding, or revegetation. • Material Prices for pipeline Items are guaranteed for a period of 30 days from the Date shown on the top of this quote. After 30 days the material prices may change the unit prices quoted. • All work is contingent on the availability of construction water, access to the work, negotiation of acceptable contract terms, a mutually agreeable schedule, and verification of financing. • Please provide a minimum of 2 weeks advanced notification of work requests to allow for scheduling the work. No work will be completed without a signed Contract Agreement. Work is anticipated Winter / Spring 2012. • Environmental site assesment / Mitigation of hazardous or contaminated materials is excluded. • We are assuming if needed dewatering will be discharged into existing COFC Sewer Manholes. BRT PH 3 - 71-Spring Crk, 72-Troutman, 73-Foothills Pkwy Page I of 2 SECTION 00530 WORK ORDER NOTICE TO PROCEED Description of Work: Choice Center To: Connell Resources, 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 February 3, 2012. The dates for Substantial Completion and Final Acceptance shall be April 30, 2012 and June 30, 2012, respectively. City of Fort Collins OWNER By: Sue P tte Title Special Projects Manager ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this February 3, 2012. Connell Resources. Inc. CONT CT R By:� Title: t/i�r `'CfrU Utilities BRT Phase 3 Notice to Proceed February 2012 00530-1 Utilities BRT Phase 3 February 2012 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 Bonds and Certificates 00600-1 w SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) Connell Resources. Inc. (Address) 7785 Highland Meadows Pkwv, St 100, Fort Coll' (an Individual), (a Partnership), (a Corporation), hereinafter (Firm) Travelers Casualty and Surety Company of America (Address) One Tower Square, Hartford, CT 06183 Bond No. 105695868 to as the "Principal' and 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 Hundred Thirty-two Thousand, Five Hundred Eighty -Eight Dollars ($132,588.00) 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 February 16, 2012, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Utilities BRT Phase 3. 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. Utilities BRT Phase 3 Performance Bond February 2012. 00610-1