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CORRESPONDENCE - RFP - 8106 UTILITY INFRASTRUCTURE CONSTRUCTION SERVICES FOR WATER, WASTEWATER, AND STORMWATER FACILITIES CAPITAL IMPROVEMENTS
August 28, 2020 Garney Companies Attn: Wayne O'Brien 7911 Shaffer Parkway Littleton, CO 80127 RE: 8106 Utility Infrastructure Construction Services for Water, Wastewater & Stormwater Facilities Capital Improvements Dear Mr. O'Brien: The City of Fort Collins wishes to extend the Agreement term for the above captioned proposal per the existing terms and conditions for up to one (1) additional year for the period August 17, 2020 through August 16, 2021. The Agreement term is extended beyond five (5) years in accordance with Municipal Code Sec. 8- 186, which allows for Agreements with Work Orders in-process to be renewed for up to a maximum of one (1) additional year if required to complete the in-process Work Orders. The renewal of the Agreement is solely for the project stated below and no new Work Orders can be issued under the Agreement. 1. Remington Street Storm Sewer Outfall Improvement Project If the renewal is acceptable to your firm, please sign this letter in the space provided and include a current copy of insurance certificate naming the City as an additional insured for General and Automotive Liability for each project within the next fifteen (15) days. If this extension is not agreeable with your firm, we ask that you send us a written notice stating that you do not wish to renew the contract and state the reason for non-renewal. Please contact Pat Johnson, CPPB, Senior Buyer at (970) 221-6816 if you have any questions regarding this matter. Sincerely, Gerry Paul Purchasing Director __________________________________________ ________________ Signature Date (Please indicate your desire to renew 8106 by signing this letter and returning it to Purchasing Division within the next fifteen days.) GP: kr Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 8/28/2020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? TB2641426942729 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 TB2641426942729 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 TB2641426942729 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. TB2641426942729 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 TB2641426942729 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 DocuSign Envelope ID: 8A0B42E2- 53A6-4247-AAD7-F8C3096B38A3 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 DocuSign Envelope ID: 8A0B42E2- 53A6-4247-AAD7-F8C3096B38A3 POLICY NUMBER: COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 COVERED AUTOS LIABILITY COVERAGE BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. AS2-AS2641426942719 641-426942-718 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: Issued by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AS2-641-426942-718 Liberty Mutual Fire Insurance Co. Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required coverage by or the the written limits of agreement, insurance and provided in no event in this to policy. exceed either the scope of AS2641426942719 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 POLICY NUMBER: COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Premium: $ Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. AS2-641-426942-718 INCL AS2641426942719 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 WA264D426942739 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 WA264D426942739 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 WA264D426942739 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 WA264D426942739 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 Berkley Assurance Company Page 1 of 1 Policy Form: PERFORM-10002 (05-16) 34395-5010735-66819 9 - PERFORM-10118 (02-19) Responsible Entity Waiver of Subrogation Affirmation Endorsement In consideration of the premium paid, it is understood and agreed that Section XI.C. is deleted in its entirety and replaced with the following: C. Subrogation In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of subrogation under this Policy against your clients or their designees (except for a Responsible Entity) to the extent such a waiver is required by a written contract with you executed prior to the Claim. For Coverage A only, we will not subrogate against a Responsible Entity, provided it has maintained Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced. Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged. Insured Policy Number PCADB50107351019 Effective Date of This Endorsement 10/01/2019 Authorized Representative DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 QT6301L164501TIL19 DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3 (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/1/2019 Arthur J. Gallagher & Co. Insurance Brokers of CA. 1255 Battery Street #450 San Francisco CA 94111 415-391-1500 415-391-1882 Liberty Mutual Fire Insurance Company 23035 GARNCOM-02 Travelers Property Casualty Co of America 25674 Garney Holding Company/Garney Companies, Inc./ Garney Construction/Garney Pacific, Inc./Garney Federal, Inc, 1333 NW Vivion Road Kansas City MO 64118 Berkley Assurance Company 373866988 A X 2,000,000 X 300,000 10,000 2,000,000 4,000,000 X Y Y TB2641426942729 10/1/2019 10/1/2020 4,000,000 A 2,000,000 X X X Y Y AS2641426942719 10/1/2019 10/1/2020 B X X ZUP14S7845219NF 10/1/2019 15,000,000 Y 10/1/2020 15,000,000 A A Y WA264D426942739 X WC2641437723909 10/1/2019 10/1/2019 10/1/2020 10/1/2020 1,000,000 1,000,000 1,000,000 C B Professional/Pollution Inland Marine Y PCADB50107351019 QT6301L164501TIL19 10/1/2019 10/1/2019 10/1/2020 10/1/2020 Ea. Claim-Occ./Agg. Leased/Rented Equip. 10,000,000 3,000,000 Re: 8106 Utility Infrastructure Construction Services for Water, Wastewater & Stormwater The City of Fort Collins 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. City of Fort Collins PO Box 580 2315 N Mason St. 2nd Floor Fort Collins CO 80522 USA DocuSign Envelope ID: 8A0B42E2-53A6-4247-AAD7-F8C3096B38A3