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Home My WebLink AboutWORK ORDER - RFP - 7089 WATER WW AND SW UTILITIES INFRASTRUCTURE DESIGN AND CONSTRUCTION SERVICES (8)CONTRACT DOCUMENTS FOR city of varrray Operations NANCY GRAY AVENUE SANITARY SEWER REPAIR Carney ADVANCING WATER Garvey Companies 7911 Shaffer Parkway Littleton CO 80127 February 2013 Fort Collins /,O,�- warty Operations Fort Collins Utilities 700 Wood Street Fort Collins CO 80621 • SECTION 00610 PERFORMANCE BOND Western Bond #58697178 Liberty Bond No.674020476 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Garvey Companies, Inc. (Address) 7911 Shaffer Parkway, Littleton, CO 80127 (an Individual), (a Partnership), or ora io hereinafter referred to as the "Principal' and (Firm) Western Surety Company and Liberty Mutual Insurance Company PC Box 5077 450 Plymouth Rd, Suite 400 (Address) Sioux Falls SD )t Plymouth Meeting, PA 19462 05-33 -0 50 .(6lo-832-824o) 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 Thirty Three Thousand Six Hundred Dollars and No Cents t$ 33,600.00), 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 5, 2010, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Nancy Gray Avenue Sanitary Sewer • Repair. 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. Nancy Gray Avenue Sanitary Sewer Repair • February 2013 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 15 day of February 2013. INJ PRESENCE OF: (Corporate Seal) IN PRESENCE OF: Companies, ..o-04T,Npal Gamey Vice President Title 7911 Shaffer Parkway, Littleton, CO 80127 Address 0 Other Partners Western Surety Company and Liberty Mutual Insurance IN PRESENCE OF: -�1 Sur ty Company By:_CGP��me By: /✓� Attorney -in -Fact Barbara A. M i l l e r witness By: Address (Surety Seal) THOMAS MCGEE, L.C. 920 MAIN ST., STE. 1700 KANSAS CiTY, MO 64105 8161842/4800 Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all 4" Nr partners should execute Bond. 7„ Nancy Gray Avenue Sanitary Sewer Repair February 2013 00610-2 Performance Bond 11 SECTION 00616 PAYMENT BOND Western Bond #586971.78 Liberty Bond No.674020476 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Garvey Companies, Inc. (Address) 7911 Shaffer Parkway, Littleton, CO 80127 (an Individual), (a Partnership), or ora io hereinafter referred to as the "Principal' and (Firm) Western Surety Company anc (Address Sioux Fa11s, SD 57117 50) Liberty Mutual Insurance Company 450 Plymouth Rd,. Suite 400 Plymouth Meeting, PA 19462 (6lo-832-824o) 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 Thirty Three Thousand Six Hundred Dollars and No Cents ($33.600.00), 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 5. 2010, a copy of which is hereto attached and made a •part hereof for the performance of The City of Fort Collins project, Nancy Gray Avenue Sanitary Sewer Repair. 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. Nancy Gray Avenue • Sanitary Sewer Repair February 2013 00615-1 Performance Bond •IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 15 day of February 2013. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: /v v'I Gamey Companies, 11 Title 7911 Shaffer Parkway, Littleton, CO 80127 Address Other Partners By: Western Surety Company and. Liberty Mutual Insurance IN PRESENCE OF: (� Suretywd C m�p/aj� • witness a— Attorney -in -Fact Barbara A. Miller By: Address THOMAS MCSEE, LC. (Surety Seal) 920 MAIN ST., Si E. 1700 KANSAS CITY, MO 64105 816/842/4800 'NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. .t— Nancy Gray Avenue Performance Bond Sanitary Sewer Repair February 2013 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, Michael T Kelly, Eugene A Klein, Thomas P Latz, Thomas M English, Michael L 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 Vice President and its corporate seat to be hereto affixed on this 20th day of September, 2012. ?SJRET}c,� :iv PPagS �.; . i�SE A'o N�UPt�p State of South Dakota l JT County of Minnehaha as WESTERN SURETY COMPANY 'Paul T. BruBat, Vice President On this 20th day of September, 2012, before me personally came Paul T. BruBat, 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 Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so ,affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to likeauthority, and acknowledges same to be the act and deed of said corporation. My commission expires i�"�' J. MOHR I + ^ NOTARY PUBLIC ^ June 23, 2015 J SEAL BOOTH OAKOTA SEAL r IV J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 15 day of February 2013 ?yUNET}C WESTERN SURETY COMPANY I=I CY \Lrlr2l� Form F4280-7-2012 - ,,,ti L. Nelson, Assistant Secretary No Text 0 E SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Nancy Grey Avenue Sanitary Sewer Repair Certificate of Insurance February 2013 00630-1 Certificate of Insurance I IIE CER'n F'ICATE HOLDER. '1'IIts CER'DF'ICA'I E IS NOT AN LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE This is to Certify that I Garney Companies Inc10� Kansas s City MO Road NAME, AND Liberty Mutual Kansas City MO 64118 ADDRESS e OFINSURED L I INSURANCE is, at the issue date ofthis certificate, insured by the Company under the policyfes) listed below. The insurance afforded by the listed policyUes) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, tern or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY EXP DATE ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ❑ POLICY TERM WORKERS COMPENSATION 10/1/2013 WA2-64D-426942-732 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: AL AR AZ KY, Md NCCN NK OKASCst TX, VA EMPLOVERS LIABILITY Badilyln'ury by Accident 1 000 OOO Each A Lli E Bodily Injury By Disease 1 00 000 Bodily Injury By Disease 1 000 000 COMMERCIAL GENERAL LIABILITY 10/1/2013 T82-641 -426942-722 Gcocral Aggmgue $2,000,000 ❑ OCCURRENCE ElCLAIMS MADE Products / Completed Operations Aggregate $2,000,000 Each Occurrence $1 000 000 Personal & Advertising Injury $1,000,000 Per Person/Organvstion RETRO DATF. oil,, 101he" $3 0,000 Fire Legal $10,000 Medical AUTOMOBILE LIABILITY 10/1/2013 AS2-641-426942-712 $2,000,000 Ia8.1.And P.D. CochA=C.mbinSingledeLimit OWNED Each Person Each Accident or Occurrence ❑ NON -OWNED HIRED Each Accident or Occumenee OTHER ADDITIONAL COMMENTS RE: Job # 6665 Nancy Gray Avenue 8" Sanitary Sewer Line Repair City of Fort Collins, Colorado and Stantec Consulting Services is an additional insured under the General Liability and Automobile Liability policy if required by a written contract with the Named Insured, but only for the coverage and limits provided by the policy and the additional insured endorsement. Ifthe certificate expiration date is continuous or extended tent you will be notified ifcovemge is mnnin:ned or reduced before the certificate expiration data NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Liberty Mutual BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE y INSURANCE AFFORDED UNDER 'THE ABOVE POLICIES UNTIL AT LEAST60 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: RE: Job # 6665 ��.,�.�; FCity of FortCollins V LL 00 J6� LcLi sic 'P- , • V 300 LaPorte Avenue Laura Rudolph =a Fort Collins CO 80521 St. Louis/0442 ADI HORIZED REPRESENTATIVE 12250 Weber Hill Road u St. Louis MO 63127 800-392-9223 2/19/2013 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 07-10 CeRT NO.: 15536359 CLIENT CODE: LM_2660 Christopher aei ing 2/19/2013 10:21726 AM Page 1 of 1 LDI COI 268896 02 11 • SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: City of Fort Collins PROJECT TITLE: Nancy Gray Avenue Sanitary (OWNER) Sewer Repair Date of Substantial Completion: Project or Specified Part Shall Include: LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: Gamey Companies CONTRACT DA 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. Am 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. CONTRACTOR By: 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 REMAR •Nancy Gray Avenue Sanitary Sewer Repair Certificate of Substantial Completion February 2013 00635-1 • TO Gentlemen: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE ,20 You are hereby notified that on the day of , 2013, the City of Fort Collins, Colorado, has accepted the Work completed by Gamey Companies for the City of Fort Collins project, Nancy Gray Avenue Sanitary Sewer Repair. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: •Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: By: Title: Nancy Gray Avenue Sanitary Sewer Repair Certificate of Final Acceptance February 2013 00640-1 Fort Collins DT: February 20, 2013 Utilities electric • stormwater • wastewater • water 700 Wood St. PO Box 580 Fort Collins, CO 80522 970.221.6700 970.221.6619 fax 970.224.6003 TDD utilities@fcgov.com fcgov.com/utilities MEMORANDUM TO: Jon Haukaas, Manager — Water Engineering and Field Services Operations TH: Owen Randall, Chief Engineer Mr • FR: Tim McTague, Special Projects Manager RE: Nancy Gray Avenue Sanitary Sewer Emergency Repair This project involves a sanitary sewer repair at Nancy Gray Avenue and Windrow Drive. An outside drop manhole has failed and the tee and 8" pipe outside the manhole have been crushed and separated. The project will take 5 days at an estimated cost of $36,000. The final repair of the intersection will be done in the spring when the asphalt plants open. This contract does not include the cost of asphalt repair, traffic control, and the street permit. If you have any questions, please contact Tim McTague at 970-310-5980. 0 SECTION 00650 LIEN WAIVER RELEASE (Contractor) TO: City of Fort Collins. Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: Nancy Gray Avenue Sanitary Sewer Repair. 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 Nancy Gray Avenue Lien Waiver Release (Contractor) Sanitary Sewer Repair February 2013 00650-1 be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this By Witness my hand and official seal. My Commission Expires: Notary Public *Nancy Gray Avenue Sanitary Sewer Repair 20 day of .20 Lien Waiver Release (Contractor) February 2013 00650-2 EA TO: FROM: SECTION 00651 LIEN WAIVER RELEASE (Subcontractor) (CONTRACTOR) (Subcontractor) PROJECT: Nancy Gray Avenue Sanitary Sewer Repair. 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 Is 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 forthe project. Nancy Gray Avenue Sanitary Sewer Repair Lien Waiver Release Balance to Complete (Subcontractor) February 2013 00651-1 Signed this day of SUBCONTRACTOR: By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) 20 Subscribed and sworn to before me this day of .20 By Witness my hand and official seal. My Commission Expires: Notary Public Nancy Gray Avenue Sanitary Sewer Repair Lien Waiver Release Balance to Complete (Subcontractor) February 2013 00651-2 • TO: CONTRACTOR: PROJECT: CONTRACT DATE: SECTION 00660 CONSENT OF SURETY City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") Gamey Companies Nancy Gray Avenue Sanitary Sewer Repair. 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. •Nancy Gray Avenue Sanitary Sewer Repair February 2013 00660-1 day of Consent of Surety UH 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVERC060261 CONTRACTOR APPLICATION 6 (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 istr abon/Account No. (to be assigned by DOR) Penod 0170-750 999 $0.00 � ) - 89 - INFORMATION name/OBA: 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 amount number: ( EXEMPTION INFORMATION Copies of contract or agreement pages (1) identifying the contracting parties and 2 containing signatures of contractin parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimatetl Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. owner, partner or corporate officer: I Title of Special Notice tractors 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. • s Conditions of the Contract SECTION 00800 SUPPLEMENTARY CONDITIONS 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 P7089 Water, Wastewater, And Stormwater Utilities Infrastructure Design And Construction Services Contractor master contract dated January 1, 2010. 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. Nancy Gray Avenue Sanitary Sewer Repair. 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 OW NER 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 Nancy Gray Avenue Supplementary Conditions Sanitary Sewer Repair February 2013 00800-1 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. None 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 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 as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per Nancy Gray Avenue Supplementary Conditions Sanitary Sewer Repair February 2013 00800-2 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. Nancy Gray Avenue Supplementary Conditions Sanitary Sewer Repair February 2013 00800-3 • 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 01110 Summary of Work 01110-1 01270 Measurement and Payment 01270-1 01320 Construction Schedules 01320-1 - 01320-2 ancy Gray Avenue Agreement Forms Sanitary Sewer Repair February 2013 00500-1 • 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 • • Nancy Gray Avenue Sanitary Sewer Repair Supplementary Conditions February 2013 00800-4 • • •Nancy Gray Avenue Sanitary Sewer Repair SECTION 00900 ADDENDA, MODIFICATIONS, AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Addenda, Modifications, & Payment Table of Contents February 2013 00900-1 • PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: SECTION 00950 CHANGE ORDER NO. Nancy Gray Avenue Sanitary Sewer Repair. Garvey Companies Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ 33,600.00 TOTAL APPROVED CHANGE ORDERS 0.00 TOTAL PENDING CHANGE ORDERS 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGINAL CONTRACT +ADJUSTED CONTRACT COST 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DA APPROVED BY: DA Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: Project File Contractor Purchasing Nancy Gray Avenue Contract Change Order Sanitary Sewer Repair February 2013 00950-1 OPART1 GENERAL 1.01 SECTION INCLUDES A. Site location and description. B. Project description. SECTION 01110 SUMMARY OF WORK C. Scope of work and work sequence. D. Underground utilities. 1.02 SITE LOCATION AND DESCRIPTION A. Nancy Gray Avenue Sanitary Sewer Repair. Nancy Gray Avenue and Windrow Drive, in Fort Collins, Colorado. Excavate and repair crushed sanitary sewer tee and pipe. 1.03 PROJECT DESCRIPTION A. Contractor shall provide and/or install: 1. Mobilization and Field Overhead 2. Traffic Control (By CoFC) 3. Excavate and Repair Crew and Equipment 4. Excavate and Repair Materials 5. Temp Concrete Surfacing (3" Thick) 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 Nancy Gray Avenue Summary of Work Sanitary Sewer Repair February 2013 01110-1 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. C. 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. D. 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) 6 END OF SECTION Nancy Gray Avenue Sanitary Sewer Repair Summary of Work February 2013 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 •Nancy Gray Avenue Sanitary Sewer Repair February 2013 01270 -1 Measurement and Payment • SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Garnet/ Companies WORK ORDER NUMBER: Nancy Gray Avenue 8" Sanitary Sewer Line Repair — Garnet/ 2013 PURCHASE ORDER: TITLE: Nancy Gray Avenue Sanitary Sewer Repair ENGINEER: OWNER'S REPRESENTATIVE: Tim McTague, Special Proiects Manager NOTICE OF AWARD DATE: OWNER: February 15, 2013 CITY OF FORT COLLINS (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated February 15, 2013, for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated February 5, 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 Thirty Three Thousand Six Hundred Dollars and No Cents ($ 33,600.00). 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 March 20, 2013, 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 March 20, 2013 until the work is Substantially Complete. •Nancy Gray Avenue Work Order, Notice of Award and Bid Schedule Sanitary Sewer Repair February 2013 00525-1 • 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. 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. Three (3) 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 (15) days of the date of this Notice of Award, that is, by February 15, 2013. 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, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. 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 5. 2010 and the NOTICE OF AWARD dated February 15, 2013, 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: Garvey Companies ,y: Date: Name: Wayne O'Brien Nancy Gray Avenue • Sanitary Sewer Repair February 2013 00525-2 Title: ��y•coiy,,q 18.2013 �PGORPORgTF.,�N MVSSOOV Work Order, Notice of Award and Bid Schedule • 0 • 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: I --,✓t'ic- \r- (",-- Date: Tim McT ue, S�pecciia Project anager ACCEPTANCE: ag. (�C Date: Z Owen L. Randall, Chief Engineer ACCEPTANCE: Date: Z/ / Jon Haukaas, Engineering & Field Services Manager ACCEPTANCE: Date: Brian Janonis, Utilities Executive Director OWNER: CITY OF FORT COLLINS ACCEPTANCE: Date: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Nancy Gray Avenue Sanitary Sewer Repair February 2013 00525-3 Work Order, Notice of Award and Bid Schedule 2/14/2013 Project: Nancy Gray Avenue Sanitary Sewer Repair Date: February 13, 2013 GaMgY • CONfTI1K1rUN Schedule of values Item Final Item Unit of Estimated Unit Item Number Number Description Measure Quantity Cost ($) Cost($) General Conditions 1 1 Mobilization & Field Overhead LS 1 $ 10,600.00 $ 10,600,00 2 2 Traffic Control (by COFC ) LS 1 By CoFC 3 3 Excavate & Repair Crew 8 Equipment LS 1 18.100,00 18.100.00 4 4 Excavate B Repair Materials LS 1 1.900.00 1,900.00 5 5 Demobilization LS 1 3,000.00 3.000.00 TOTAL ESTIMATED PRICE 11 $ 33,600.00 SECTION 00530 WORK ORDER NOTICE TO PROCEED Description of Work: To: Garvey Companies 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 .2-- P-/ , (3 *The dates for Substantial Completion and Final Acceptance shall be February 24, 2013 and April 23, 2013, respectively. City of Fort Collins OWNER By: Tim McTague Title Special Projects Manager ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this ZI sT day of 2013. Gamey Companies CONTRACTOR By: / / / 1 Title: 7l`i/✓J O Z P/ty li C-r M,ft N1{6Ljz *Nancy Gray Avenue Sanitary Sewer Repair Notice to Proceed February 2013 00530-1 • C •Nancy Gray Avenue Sanitary Sewer Repair February 2013 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