HomeMy WebLinkAbout109445 CONNELL 166269 GARNEY 113752 BT 109420 HYDR - CONTRACT - RFP - 8106 UTILITY INFRASTRUCTURE CONSTRUCTION SERVICES (3)FORT COLLINS UTILITIES
CONSTRUCTION WORK ORDERS
SPECIFICATIONS AND CONTRACT
DOCUMENTS
FOR
8106 UTILITY INFRASTRUCTURE
CONSTRUCTION SERVICES FOR WATER,
WASTEWATER AND STORMWATER
FACILITIES CAPITAL IMPROVEMENTS
WITH
GARNEY CONSTRUCTION
DATED: AUGUST 17, 2015
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
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CONTRACT DOCUMENTS TABLE OF CONTENTS
CONTRACTOR INFORMATION
00300 Contractor Pricing
CONTRACT DOCUMENTS
00500 Construction Work Order Agreement Forms
00520 Agreement – Construction Work Order Type
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
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
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
DRAWING ATTACHMENT
SPECIFICATIONS
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SECTION 00300
CONTRACTOR PRICING
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SECTION 00500
AGREEMENT FORMS
00520 Agreement - Construction Work Order Type
00525 Work Order & Notice of Award
00530 Work Order Notice to Proceed
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SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 17th day of August in the year of 2015 and shall be
effective once this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
Garney Construction (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
1.1 Work Order Requirements. CONTRACTOR shall complete all Work as
specified or indicated in the Contract Documents. The Project for which
the Work under the Contract Documents may be the whole or only a part
is generally defined as 8106 Utility Infrastructure Construction
Services for Water, Wastewater and Stormwater Facilities Capital
Improvements; a Work Order for a specific portion of the Work, and
incorporating the Notice of Award for that portion of the Work, may be
agreed upon in writing by the parties from time to time. A blank sample of
a Work Order & Notice of Award is attached hereto as Section 00525,
consisting of two (2) pages, and incorporated herein by this reference.
Each signed, executed Work Order & Notice of Award is incorporated into
the Contract Documents by this reference.
1.2. Work to be Performed. CONTRACTOR shall complete all Work as
specified or indicated in each Work Order. The Project for which the Work
under the Contract Documents may be the whole or only a part of is
generally described in Section 01010. Each Work Order shall include a
description and specification of the work to be performed; the location and
time for initiation and performance of the work; the amount of and
procedures for payment, as specified in Article 5 of this Agreement; any
labor, materials, or support to be supplied by the City; and any other
special circumstances relating to the performance of work.
1.3 Work Orders Planned. The Project will include Work in accordance with
8106 Utility Infrastructure Construction Services for Water, Wastewater
and Stormwater Facilities Capital Improvements. However, pursuant to
this Agreement and the Contract Documents, OWNER reserves the right
to alter or amend the scope of work of any specific Work Order as
needed.
1.4. Work Order Authorization. The only work authorized under this
Agreement is that which is performed after CONTRACTOR receives
Notice to Proceed from OWNER, pursuant to a signed Work Order. The
Notice to Proceed, Section 00530, shall be incorporated into each
executed Work Order. However, in emergency circumstances, as
required to protect the public health, safety, or welfare, oral work requests
may be issued by OWNER. Oral requests for emergency actions will be
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confirmed by issuance of a written Work Order within two (2) working
days; however, nothing in this paragraph may be construed to alter or
eliminate CONTRACTOR’S responsibilities pursuant to paragraph 6.23 of
the General Conditions.
1.5. Changes in the Work. OWNER may, at any time during the term of a
particular Work Order and without invalidating the Agreement, make
changes within the general scope of the particular work assigned and
CONTRACTOR agrees to perform such changed work, pursuant to the
provisions of the Contract Documents. OWNER reserves the right to
independently contract for any services, rather than issuing work to
CONTRACTOR pursuant to this Agreement. Nothing within this
Agreement shall obligate OWNER to have any particular service
performed by CONTRACTOR.
1.6. Bonds & Certificates. Pursuant to the Contract Documents and Article 5
of the General Conditions, each Work Order & Notice of Award shall
specify the requirements for Performance and Payment Bonds.
CONTRACTOR shall provide insurance required pursuant to the Contract
Documents prior to OWNER’S execution of any Work Order, and, as may
be required at the sole option of OWNER, prior to the Work Order Notice
to Proceed.
ARTICLE 2. ENGINEER
2.1. ENGINEER. Each portion of the Project to be performed by
CONTRACTOR through the issuance of a Work Order will be designed
by a person, firm, or corporation designated by OWNER and identified in
the Work Order, who is hereinafter called ENGINEER and who will
assume all duties and responsibilities and will have the rights and
authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract
Documents.
2.2. OWNER’S Representative. Notwithstanding the provisions of paragraph
2.1 above, the OWNER will designate, prior to the commencement of
work on each specific Work Order, the OWNER’S Representative, who
shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the work requested. All requests
concerning this Agreement shall be directed to OWNER’S
Representative.
ARTICLE 3. CONTRACT TIMES
3.1. Substantial Completion and Final Payment & Acceptance. Each Work
Order shall define the Contract Times, including the number of days or
dates for the Work of that Work Order to be Substantially Complete, as
provided in the General Conditions, and completed and ready for Final
Payment and Acceptance in accordance with the General Conditions.
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3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time
is of the essence of each Work Order authorized under this Agreement
and that OWNER will suffer financial loss if the Work is not completed
within the times specified in each Work Order pursuant to paragraph 3.1.
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 amount set forth in each Work Order.
3.3. Contract Period. This Agreement shall commence upon the date of
execution as shown by the date this Agreement is signed by OWNER,
and shall continue in full force and effect through August 16, 2016. In
addition, at the option of the City, the agreement may be extended for
additional one year periods not to exceed four (4) additional one year
periods. Written notice of renewal shall be provided to the Contractor and
mailed no later than thirty (30) days prior to contract end.
3.4. Early Termination by OWNER / Notices. Notwithstanding the time
periods contained herein or in any Work Order, OWNER may terminate
this Agreement or any Work Order at any time without cause by providing
written notice of termination to CONTRACTOR. Such notice shall be
mailed at least fifteen (15) days prior to the termination date contained in
said notice unless otherwise agreed in writing by the parties. All notices
provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
CONTRACTOR: OWNER: Copy to:
Garney Construction
Attn: Wayne O'Brien
7911 Shaffer Parkway
Littleton, CO 80127
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Owen Randall
PO Box 580
Fort Collins, CO 80522
In the event of early termination by OWNER, CONTRACTOR shall be
paid for services rendered to the termination date, subject only to the
satisfactory performance of CONTRACTOR’S obligations under this
Agreement. Such payment shall be CONTRACTOR’S sole right and
remedy for such termination.
ARTICLE 4. CONTRACT PRICE
4.1. Unless otherwise provided in a Work Order, OWNER shall pay
CONTRACTOR for performance of the Work in accordance with the
Contract Documents in current funds, as specified in each Work Order, as
Contract Price equal to the Cost of the Work plus a Fixed Fee in
accordance with Exhibit “A” or Fixed Cost by specific line items. The Cost
of the Work shall be as defined or excluded in Article 11, paragraphs 11.4
and 11.5, of the General Conditions, subject to the following:
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4.1.1. Unless otherwise provided in a Work Order, payroll costs in the Cost of
the Work shall be as defined in Article 11.4.1 of the General Conditions
and shall not exceed thirty nine (39%) percent of the salaries and wages.
4.1.2. Unless otherwise provided in a Work Order, the Contract Price, exclusive
of the cost or credit of any Change Orders or of Owner-procured
equipment or Owner-provided work listed in each Work Order, is
guaranteed by the CONTRACTOR not to exceed a Guaranteed Maximum
Price specified in each Work Order, for all work covered by and included
in the Work Order. The Allowable Cost of the Work shall be defined as
the difference in the Fixed Fee and the Guaranteed Maximum Price.
Costs which would cause the CONTRACTOR to exceed the Allowable
Cost of the Work and/or Guaranteed Maximum Price shall be paid by the
CONTRACTOR without reimbursement by the OWNER.
4.1.3. Unless otherwise provided in a Work Order, the CONTRACTOR’S Fixed
Fee that may be authorized in the Work Order shall include all Field
Office and General Office overhead, mark-up on all materials, equipment
and subcontract costs, small tools allowance, equipment fuels, and
equipment rentals as defined in Article 11.4.5.3 and the CONTRACTOR’S
profit for the Allowable Cost of the Work. Payment for additional Field
Office and General Office overhead and the CONTRACTOR’S profit shall
not be included in any Change Order unless the total Contract Price,
including all Change Orders, exceeds the Guaranteed Maximum Price.
For any Change Order which increases the total Contract Price above the
Guaranteed Maximum Price, the CONTRACTOR’S fee applied to the net
increase shall, unless otherwise provided in the Work Order, include Field
Office overhead and profit which shall be defined as 5.5(5.5%) percent of
the actual Cost of the Work, General Office overhead and profit which
shall be defined as 5.0 (5.0%) percent of the actual Cost of the Work.
4.2. Shared Savings Clause. Should a new way of constructing any portion of
the Project be discovered that involves a substantial savings, Shared
Savings may be applied. The shared savings proposal must involve
modifying the means, methods and/or the materials used without
impacting the quality of the project. After receiving approval from the
Design Engineer, the construction team shall submit their proposal to the
review Committee. This committee will be comprised of the Senior
Utilities Engineer, the Utility Senior Buyer, and the contractor’s General
Manager. If the change is approved, a Change Order will be processed
documenting the change(s) to the Contract. Seventy-five (75) percent of
the savings shall belong to the City while twenty-five (25) percent of the
savings shall belong to the Contractor. Shared Savings shall not apply to
any cost or credit of any Change Orders.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
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5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's
Application for Payment as recommended by ENGINEER, once each
month during construction as provided below. All progress payments will
be on the basis of the progress of the Work measured by the schedule of
values established in paragraph 2.6 of the General Conditions and in the
case of Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. RETAINAGE. Prior to Substantial Completion, Owner will be
entitled to withhold as contract retainage five percent (5%) of each
progress payment, but, in each case, less the aggregate of
payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If, in
the sole discretion of Owner, on recommendation of Engineer,
Owner determines that the character and progress of the Work
have been satisfactory to OWNER and ENGINEER, OWNER may
determine that as long as the character and progress of the Work
remain satisfactory to them, there will be no additional retainage
on account of Work completed in which case the remaining
progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed. 95% of materials
and equipment not incorporated in the Work (but delivered,
suitably stored and accompanied by documentation satisfactory to
OWNER as provided in paragraph 14.2 of the General Conditions)
may be included in the application Section 00520 Page 3 for
payment.
5.1.2. Upon Substantial Completion of a Work Order, payment will be
made in an amount sufficient, if necessary, to increase total
payments to CONTRACTOR to 95% of the Contract Price, less
such amounts as ENGINEER shall determine or OWNER may
withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the
Work in accordance with paragraph 14.13 of the General
Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph
14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
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Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
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7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, as specified and identified in each Work Order. The Contract
Drawings for a Work Order shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions,
including amendments to any Work Order..
7.5. There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. DEFINITIONS. Terms used in this Agreement which are defined in Article I
of the General Conditions shall have the meanings indicated in the General
Conditions.
8.2. ASSIGNMENT. No assignment by a party hereto of any rights under or
interests in the Contract Documents will be binding on another party hereto
without the written consent of the party sought to be bound; and specifically
but not without limitations, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge that assignor from any duty or
responsibility under the Contract Document.
8.3. BINDING EFFECT. OWNER and CONTRACTOR each binds itself, its
partners, successors, assigns and legal representatives to the other party
hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, Agreement and obligations contained in the
Contract Document.
8.4. INDEPENDENT CONTRACTOR. It is agreed that in the performance of
any services hereunder, CONTRACTOR is an independent contractor
responsible to OWNER only as to the results to be obtained in the
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particular work assignment and to the extent that the work shall be done
in accordance with the terms, plans and specifications furnished by
OWNER. CONTRACTOR shall neither assign any responsibilities nor
delegate any duties arising under the Agreement without the prior written
consent of OWNER.
8.5. ACCEPTANCE NOT WAIVER. OWNER'S approval or acceptance of, or
payment for, any of the Work shall not be construed to operate as a
waiver of any rights under the Agreement or of any cause of action arising
out of the performance of this Agreement.
8.6. DEFAULT. Each and every term and condition hereof shall be deemed to
be a material element of this Agreement. In the event either party should
fail or refuse to perform according to the terms of this agreement, such
party may be declared in default thereof.
8.7. REMEDIES. In the event a party has been declared in default, such
defaulting party shall be allowed a period of ten (10) days within which to
cure said default. In the event the default remains uncorrected, the party
declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If
the non-defaulting party commences legal or equitable actions against the
defaulting party, the defaulting party shall be liable to the non-defaulting
party for the non-defaulting party's reasonable attorney fees and costs
incurred because of the default.
8.8. LAW / SEVERABILITY. This Agreement shall be governed in all respects
by the laws of the State of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
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OWNER: CITY OF FORT COLLINS CONTRACTOR: GARNEY
CONSTRUCTION
By: By:
GERRY PAUL
PURCHASING DIRECTOR
PRINTED
Date:
Title:
Date:
Attest:
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
Approved as to Form
Address for giving notices:
Assistant City Attorney
License No.:
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Littleton, CO 80127
Chief Operating Officer
NA
Wayne A. O'Brien
8/26/2015
7911 Shaffer Parkway
New insurance
8/27/2015
SECTION 00525
NOTICE TO PROCEED
DATE:
TO: Garney Construction
WORK ORDER # AND TITLE:
PURCHASE ORDER NUMBER:
ORIGINAL RFP # AND TITLE: 8106 Utility Infrastructure Construction Services for Water,
Wastewater and Stormwater Facilities Capital Improvements
OWNER: CITY OF FORT COLLINS (hereinafter referred to as OWNER)
OWNER’S REPRESENTATIVE: Owen Randall, Chief Engineer, Utilities
ENGINEER:
1. WORK. You are hereby notified that your Bid dated , for the above Work Order
has been considered. Pursuant to your AGREEMENT with OWNER dated under
RFP 8106 Utility Infrastructure Construction Services for Water, Wastewater and
Stormwater Facilities Capital Improvements, you have been awarded a Work Order for
[Project # and Name] and is generally described in Section 01010.
The charges and fees are defined in Attachment A, hereby attached and incorporated as
a part of this agreement.
2. CONTRACT PRICE, BONDS, AND CERTIFICATES. The Price of your Work Order is
($ ). 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
Work shall be Substantially Complete within ( ) calendar days after the date
when the Contract Times commence to run as provided in the General Conditions and
completed and ready for Final Payment and Acceptance in accordance with the General
Conditions within ( ) calendar days after the date when the Contract Times
commence to run.
4. LIQUIDATED DAMAGES. Pursuant to the AGREEMENT and the Contract Documents:
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 3.1. 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
preceding 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
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that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay
OWNER the amounts set forth hereafter.
1) Substantial Completion:
Dollars ($ ) for each calendar day or fraction thereof that expires after
the ( ) calendar day period for Substantial Completion of the Work until
the Work is Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Dollars ($ ) for each calendar day or fraction
thereof that expires after the ( ) 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 (15) days of the
date of this Notice of Award, that is by [Date].
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract Documents
must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid abandoned, to annul this Notice of Award and to declare your Bid
Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you
one (1) fully-signed counterpart of the Agreement with the Contract Documents
attached.
6. MISCELLANEOUS. In the event of a conflict between or ambiguity in the terms of the
AGREEMENT and this Work Order (included the attached Contract Documents), the
AGREEMENT shall control.
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CONTRACTOR: GARNEY CONSTRUCTION
By: ________________________________________ Date: ____________________
Printed: ___________________________ Title: ________________________________
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: _____________________________________________
, Special Projects Manager
ACCEPTANCE: ______________________________________________
Owen Randall, Chief Engineer
ACCEPTANCE: ______________________________________________
Jon Haukaas, Water Engineering & Field Services Operations Manager
ACCEPTANCE: ______________________________________________
Kevin Gertig, Utilities Executive Director (if $1,000,000)
OWNER: CITY OF FORT COLLINS
By: ________________________________________ Date: _________________
GERRY PAUL
PURCHASING DIRECTOR (if greater than $60,000)
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SECTION 00530
WORK ORDER NOTICE TO PROCEED
WORK ORDER NUMBER:
WORK ORDER TITLE:
TO: GARNEY CONSTRUCTION.
Attn: WAYNE O'BRIEN
This notice is to advise you:
That the Work Order and all amendments and supplements to the Contract Documents covering
the above described Work have been fully executed by the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance and Payment Bonds and insurance have been
received by the OWNER.
That the OWNER has approved the said Work Order and Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as
required by the Work Order and the AGREEMENT.
The dates for Substantial Completion and Final Acceptance shall be , 20
and , 20__ , respectively.
Dated this day of , 20 .
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR: Garney Construction
By:
Title:
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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
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SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
Garney Construction
7911 Shaffer Parkway, Littleton, CO 80127
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
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 Dollars ($ ) 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 the 17th day of August, 2015, a copy of which is
hereto attached and made a part hereof for the performance of The City of Fort Collins RFP
8106 Utility Infrastructure Construction Services for Water, Wastewater and Stormwater
Facilities Capital Improvements, for the performance of The City of Fort Collins Work Order,
titled , Work Order Number , dated , a copy of which is hereto attached and
made a part hereof.
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.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of _____ ____, 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
Garney Construction
7911 Shaffer Parkway, Littleton, CO 80127
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
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 Dollars ($ ) 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 the 17th day of August, 2015, a copy of which is
hereto attached and made a part hereof for the performance of The City of Fort Collins RFP
8106 Utility Infrastructure Construction Services for Water, Wastewater and Stormwater
Facilities Capital Improvements, for the performance of The City of Fort Collins Work Order,
titled , Work Order Number , dated , a copy of which is hereto attached and
made a part hereof.
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.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of , 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance
with the following requirements:
1. The Contractor will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Contractor shall furnish the City with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Contractor, such insurance as
the City may deem proper and may deduct the cost of such insurance from any monies
which may be due or become due the Contractor under this Agreement. The City, its
officers, agents and employees shall be named as additional insureds on the Contractor
's general liability and automobile liability insurance policies for any claims arising out of
work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Contractor shall maintain
during the life of this Agreement for all of the Contractor's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Contractor shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Contractor shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance
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SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
WORK ORDER #:
WORK ORDER TITLE:
DATE OF SUBSTANTIAL COMPLETION:
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: Garney Construction
CONTRACT DATE:
The 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.
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 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:
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SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: Garney Construction
Gentlemen:
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by Garney Construction for the City of
Fort Collins Work Order number , titled .
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents including the Work
Order, which is dated , and the AGREEMENT, which is dated August 17, 2015.
In conformance with the Contract Documents for this project, your obligations and guarantees
will continue for the specified time from the following date:____________ _, 20__.
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
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SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Garney Construction (CONTRACTOR)
WORK ORDER #:
WORK ORDER TITLE:
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 attorney’s
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.
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Signed this day of , 20__.
CONTRACTOR: GARNEY CONSTRUCTION
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__,
by .
Witness my hand and official seal.
Notary Public
My Commission Expires:
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SECTION 00651
LIEN WAIVER RELEASE
(SUBCONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: [Subcontractor] (SUBCONTRACTOR)
WORK ORDER #:
WORK ORDER TITLE:
1. The SUBCONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and performed by
the SUBCONTRACTOR 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 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 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 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
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 SUBCONTRACTOR 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
SUBCONTRACTOR'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
attorney’s 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.
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Signed this day of , 20__.
CONTRACTOR: GARNEY CONSTRUCTION
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__,
by .
Witness my hand and official seal.
Notary Public
My Commission Expires:
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SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: Garney Construction
WORK ORDER #:
WORK ORDER TITLE:
CONTRACT DATE: August 17, 2015 WORK ORDER DATE: [Date]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for .
(Surety)
on bond of
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
day of , 20____ .
(Surety Company)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
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SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
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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 contractors 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 succeeding 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.
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SECTION 00700
GENERAL CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
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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) and other provisions of the Contract Documents as indicated below.
SC-1.38 Definitions
A. Add the following language to the conclusion of paragraph 1.38 of the General
Conditions:
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 conditions
corrected.
SC-1.43 Work Order
A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43 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-2.8 Preliminary Matters
A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
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 Drawings and other submittals, processing
Applications for Payment, and maintaining required records.
SC-2.10 Work Order
A. 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
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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 this
Article 2 or of the General and Supplementary Conditions and Contract
Documents shall permit or require any action of CONTRACTOR in the
absence of a signed and executed Work Order. All provisions of this Article 2
and of the General and Supplementary Conditions and Contract Documents
referencing the Agreement or other parts of the Contract Documents, or
permitting or requiring any action of CONTRACTOR, shall be read as
referencing and, as appropriate, requiring a signed and executed Work
Order.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
[Report Title, Report #, Author, Date]
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
B. 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:
[Report Title, Report #, Author, Date]
SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds,
as provided in paragraph 5.4.7 of the General Conditions:
5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522
5.4.7.2 [Other Party Name, Address, City, State, Zip]
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
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
DocuSign Envelope ID: E6DDC279-9010-4938-B85D-AE3FFFF9F1BA
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).
SC-6.14.3 Contractors Responsibilities
A. Add the following new paragraph immediately after paragraph 6.14.2 of the
General Conditions:
6.14.3. 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:
6.14.3.1 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 of photostatic or certified copy of the
designated of 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-8.10 OWNER’s Project Manager
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A. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a Project Manager. The CONTRACTOR
shall direct all questions concerning Contract interpretation,
Change Orders, and other requests for clarification or instruction
to the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The Project
Manager shall have the authority set forth in the OWNER's Capital
Project Procedures Manual. The Project Manager shall have the
authority to reject work and materials whenever such rejection
may be necessary to ensure the proper performance of the Work
in accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and
quality of the Work and to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. The
Project Manager shall not be required to make comprehensive or
continuous inspections to check the progress or quality of the
Work. The Project Manager shall not be responsible for
construction means, methods, techniques, sequences, or
procedures, or for safety precautions or programs in connection
with the Work, or for any failure of the Contractor to comply with
laws and regulation applicable to the performance or furnishing of
the Work. Visits and observations made by the Project Manager
shall not relieve the CONTRACTOR of his obligation to conduct
comprehensive inspections of the Work, to furnish materials and
perform acceptable Work, and to provide adequate safety
precautions in conformance with the Contract Documents. The
Project Manager shall at all times have access to the Work. The
CONTRACTOR shall provide facilities for such access so the
Project Manager may perform his or her functions under the
Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation of
the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or have control
or authority over, nor be responsible for, CONTRACTOR's means,
methods, techniques, sequences or procedures of construction or
the safety precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work. The RCI
will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents.
The RCI's dealings in matters pertaining to the on-site work will be
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to keep the Project Manager properly apprised about such
matters.
8.10.4 Communications: All instructions, approvals, and decisions of the
Project Manager shall be in writing. The CONTRACTOR may not
rely on instructions, approvals, or decisions of the Project
Manager until the same are reduced to writing.
SC-11.6.2 Change of Contract Price
A. 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-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero (0) days lost due to abnormal
weather conditions.
SC-13.12 Correction Period:
13.12.1 If within one year after the date of Substantial Completion or such longer
period of time as may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract Documents, an
Work is found to be defective, CONTRACTOR shall promptly, without
cost to OWNER and in accordance with OWNER’s written instructions . . .
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule ( ) days lost due to
abnormal weather conditions.
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
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SECTION 00950
CHANGE ORDER NO.
WORK ORDER # AND TITLE:
CONTRACTOR: Garney Construction
ORIGINAL PROJECT # AND TITLE: 8106 Utility Infrastructure Construction Services for
Water, Wastewater and Stormwater Facilities Capital Improvements
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
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SECTION 00960
PAYMENT APPLICATION
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SECTION 960
APPLICATION FOR PAYMENT
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DRAWINGS ATTACHMENT
WORK ORDER NUMBER:
TITLE:
ORIGINATING CONTRACT: 8106 Utility Infrastructure Construction Services for Water,
Wastewater and Stormwater Facilities Capital Improvements
The drawings listed below are hereby considered part of this Work Order Agreement.
SHEET # TITLE REVISION DATE
DocuSign Envelope ID: E6DDC279-9010-4938-B85D-AE3FFFF9F1BA
8106 Utility Infrastructure Construction Services for Water, Wastewater &
Stormwater Facilities Capital Improvements Summary of Work
August 17, 2015 01110-69
SECTION 01110
SUMMARY OF WORK
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Project description.
B. Scope of work and work sequence.
C. Underground utilities.
1.02 PROJECT DESCRIPTION
A. PURPOSE
The City of Fort Collins is contracting for utility infrastructure construction services for
water, wastewater, and stormwater capital improvement projects. The primary use of
these construction services will be in the areas of:
1. Large diameter stormwater installations
2. General water, wastewater and stormwater system and improvements and
rehabilitation
3. Trenchless technology projects
4. Treatment plant yard piping improvements
5. Emergency repair of large diameter (usually greater than 20 inches in diameter)
water and wastewater pipe breaks.
It is also anticipated that construction firms or their sub-contractors will provide,
either directly or through a sub-contractor, earthwork related construction services,
paving and flatwork construction services.
The City envisions an increasing need for innovative engineering and construction
solutions for the rehabilitation of ageing underground water, wastewater, and
stormwater systems. Future projects will seek to minimize the impacts to
neighborhoods and the environment by utilizing trenchless technologies.
Qualifications of particular interest to the City of Fort Collins are contractors with
knowledge of and experience with local construction conditions, trenchless
technology methods, and a proven expertise in utility infrastructure construction and
rehabilitation techniques. Contractors should have a high level of
accessibility/availability, and a proven history of completing quality projects in a
timely manner in a team setting.
DocuSign Envelope ID: E6DDC279-9010-4938-B85D-AE3FFFF9F1BA
8106 Utility Infrastructure Construction Services for Water, Wastewater &
Stormwater Facilities Capital Improvements Summary of Work
August 17, 2015 01110-70
B. SCOPE OF SERVICES
Projects will be managed utilizing the Utilities’ Alternative Product Delivery System
(APDS). The Contractor and staff will be part of a project team consisting of City of
Fort Collins staff, and the engineering consultant’s staff. This team will work together
from the start of project design through the project completion. Our mutual goal is to
establish an atmosphere of respect, responsibility, and trust resulting in successful
project implementation and ultimately superior projects for the City of Fort Collins
Utilities’ customers.
Each team member has significant involvement in the design and construction
concepts that are utilized for the successful completion of Utility capital projects.
Participation by all team members throughout the project is expected and the City
encourages innovation to provide an enhanced project quality and value.
Work will be assigned on an as needed basis with the scope of work to be defined
and a work order negotiated prior to the time the work on each project is
commenced.
The following is a list of services to be provided. While it identifies several services
that are needed, it may not be all inclusive of the scope required.
1. Serve as part of the project team from project start of design through the
completion of the construction.
2. Provide input to the design team based on construction experience and
expertise. The Contractor is expected to bring to the table their construction
expertise and actively assist the Project Team on issues of constructability,
materials and sub-contractor selection, scheduling, cost estimating and contract
requirements. Innovation in approach to solving difficult construction problems is
essential.
3. Prepare and maintain detailed project schedules for both the design and
construction phases of Utility capital projects.
4. Prepare permit applications as required.
5. Utilize specialized trenchless technologies through either in-house capabilities or
sub-contracting in the rehabilitation of underground utility infrastructure.
6. Provide construction services for large diameter (60 inches plus) stormwater
projects and large diameter (20 inches plus) water/wastewater projects.
7. Provide construction services for general system improvements to the 8 inch to
20 inch water, wastewater, and stormwater systems.
8. The Contractor will also assist the project team in developing positive public
relations.
9. Provide construction services for treatment plant yard piping improvements.
DocuSign Envelope ID: E6DDC279-9010-4938-B85D-AE3FFFF9F1BA
8106 Utility Infrastructure Construction Services for Water, Wastewater &
Stormwater Facilities Capital Improvements Summary of Work
August 17, 2015 01110-71
10. Provide timely emergency response to large diameter water/wastewater main
breaks.
11. Provide construction earthwork, paving, and flatwork services through either in-
house capabilities or sub-contracting.
C. CONSTRUCTION SERVICES
Construction services are to include the following as necessary; full time site
supervision; stormwater management; site protection and security; traffic control;
warranty and management of project safety and quality control.
1.03 WORK SEQUENCE
A. WORK ORDER PROCEDURES
As work arises, the City will contact one of the awarded Contractors and discuss the
scope of work, ensuring that the Contractor’s team is a good fit for the work and the
Contractor has the time available for the project. The Contractor then attends the
design meetings providing input based on construction experience and expertise.
Work performed will be authorized by Work Order. The Contractor will create a Work
Order for the design phase of the project and subsequent construction phases.
Projects are frequently phased with costs negotiated as each phase is identified and
the design completed. All Work Order costs over $300,000 will be verified by an
independent cost estimate.
Work performed pursuant to contract(s) executed pursuant to this Request for
Proposals will be authorized by Work Order. The Contractor shall provide all
personnel, equipment and supplies necessary to complete the services set forth in
the scope of work. Total project time, fees, bonds, any retainage clause, and any
applicable liquidated damages clause will be detailed as part of the project Work
Order for each individual project. Fees will be based on those submitted in the RFP
response and negotiated in an “open book” manner.
1.04 UNDERGROUND UTILITIES
A. It shall be the responsibility of the CONTRACTOR to verify the existence and
location of all underground utilities along the route of the work and to coordinate the
construction schedules with these utility owners. See Section 01180 for a list of
Utility Sources.
B. Known utilities and structures adjacent to or encountered in the work are shown on
the Drawings. The locations shown are taken from existing records and the best
information available from existing utility plans, however, there may be some
discrepancies and omissions in the locations and quantities of utilities and structures
shown. Those shown are for the convenience of the CONTRACTOR only, and no
responsibility is assumed by either the OWNER or the ENGINEER for their accuracy
or completeness.
C. The CONTRACTOR shall field verify all utilities and coordinate construction with
utility owners prior to starting construction. The CONTRACTOR shall be responsible
DocuSign Envelope ID: E6DDC279-9010-4938-B85D-AE3FFFF9F1BA
8106 Utility Infrastructure Construction Services for Water, Wastewater &
Stormwater Facilities Capital Improvements Summary of Work
August 17, 2015 01110-72
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)
END OF SECTION
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This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies
LDI COI 268896 02 11
NM 772 07-10
Personal & Advertising Injury
GENERAL LIABILITY
NFORMATION ONLY AND CONFERS NO RIGHTS UP
INSURANCE POLICY AND DOES NOT AMEND, EXT
THIS CERTIFICATE IS ISS
This is to Certify that
NAME AND
ADDRESS
OF INSURED
is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms,
exclusions and
Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued.
OFFICE PHONE DATE ISSUED
TYPE OF POLICY
EXP DATE
CONTINUOUS
EXTENDED
POLICY TERM
POLICY NUMBER LIMIT OF LIABILITY
WORKERS
COMPENSATION
RETRO DATE
OCCURRENCE
CLAIMS MADE
AUTOMOBILE
LIABILITY
OWNED
NON-OWNED
HIRED
OTHER
ADDITIONAL COMMENTS
* If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
EMPLOYERS LIABILITY
Bodily Injury by Accident
Bodily Injury By Disease
Bodily Injury By Disease
Policy Limit
Each Person
Each Accident
Each Accident—Single Limit
Products / Completed Operations Aggregate
Other Other
Each Person
Each Accident or Occurrence
Each Accident or Occurrence
UED AS A MATTER OF I ON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
END, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
Certificate of Insurance
General Aggregate
Per Person / Organization
B.I. And P.D. Combined
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies
LDI COI 268896 02 11
NM 772 07-10
Personal & Advertising Injury
GENERAL LIABILITY
NFORMATION ONLY AND CONFERS NO RIGHTS UP
INSURANCE POLICY AND DOES NOT AMEND, EXT
THIS CERTIFICATE IS ISS
This is to Certify that
NAME AND
ADDRESS
OF INSURED
is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms,
exclusions and
Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued.
OFFICE PHONE DATE ISSUED
TYPE OF POLICY
EXP DATE
CONTINUOUS
EXTENDED
POLICY TERM
POLICY NUMBER LIMIT OF LIABILITY
WORKERS
COMPENSATION
RETRO DATE
OCCURRENCE
CLAIMS MADE
AUTOMOBILE
LIABILITY
OWNED
NON-OWNED
HIRED
OTHER
ADDITIONAL COMMENTS
* If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
EMPLOYERS LIABILITY
Bodily Injury by Accident
Bodily Injury By Disease
Bodily Injury By Disease
Policy Limit
Each Person
Each Accident
Each Accident—Single Limit
Products / Completed Operations Aggregate
Other Other
Each Person
Each Accident or Occurrence
Each Accident or Occurrence
UED AS A MATTER OF I ON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
END, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
Certificate of Insurance
General Aggregate
Per Person / Organization
B.I. And P.D. Combined
DocuSign Envelope ID: E6DDC279-9010-4938-B85D-AE3FFFF9F1BA
Certificate
Holder
Liberty Mutual
Insurance Group
AUTHORIZED REPRESENTATIVE
POLICY LIMITS ARE NO LESS THAN THOSE
LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW.
COMMERCIAL
Each Occurrence
✓
Stacy Spieker
8/27/2015
Overland Park / 0448
6800 College Blvd, Suite 700
Overland Park KS 66211-1123 913-681-1700
Garney Holding Company/Garney Companies Inc./
Grimm Construction Co. Inc./Garney Federal, Inc./
Encore Construction Group, Inc.
1333 NW Vivion Road
Kansas City MO 64118-4554
RE: Master Contract
City of Fort Collins
Purchasing Division
P.O. Box 580
215 North Mason Street, 2nd Flolor
Fort Collins CO 80522
60
Named Insured, but only for the coverage and limits provided by the policy and the additional insured endorsement.
City of Fort Collins is an additional insured under the General Liability and Automobile Liability policy if required by a written contract with the
RE: Master Contract
10/1/2015 TB2-641-426942-724
$2,000,000
✓
$2,000,000
$1,000,000
$1,000,000
$300,000 Damage to Premises
Rented to You
$10,000 Medical Expense
10/1/2015 AS2-641-426942-714 $2,000,000
✓
✓
✓
10/1/2015 WA2-64D-426942-734
AL, AR, AZ, CO, FL, GA, IA, KS,
KY, LA, MO, MS, NC, NE, NM, OK,
SC, TN, TX, UT, VA, WV
Includes Coverage 3C, Other
States Insurance: All States
except those listed and the
states of ND, OH, WA, and WY.
$1,000,000
$1,000,000
$1,000,000
26140437 | LM_2660 | 10/14-10/15 - All Lines | Nicholas Misoni | 8/27/2015 1:20:11 PM (CDT) | Page 1 of 1
DocuSign Envelope ID: E6DDC279-9010-4938-B85D-AE3FFFF9F1BA
Certificate
Holder
Liberty Mutual
Insurance Group
AUTHORIZED REPRESENTATIVE
POLICY LIMITS ARE NO LESS THAN THOSE
LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW.
COMMERCIAL
Each Occurrence
✓
Stacy Spieker
9/15/2014
Overland Park / 0448
6800 College Blvd, Suite 700
Overland Park KS 66211-1123 913-681-1700
Garney Holding Company/Garney Companies Inc./
Grimm Construction Co. Inc./Weaver Construction
Management Inc./Encore Construction Group, Inc.
1333 NW Vivion Road
Kansas City MO 64118-4554
RE: Master Contract
City of Fort Collins
Purchasing Division
P.O. Box 580
215 North Mason Street, 2nd Flolor
Fort Collins CO 80522
60
RE: Master Contract
$1,000,000
$1,000,000
$1,000,000
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$2,000,000
10/1/2015 TB2-641-426942-724
✓
$300,000 Damage to Premises
Rented to You
$10,000 Medical Expense
10/1/2015 AS2-641-426942-714
✓
✓
✓
10/1/2015 WA2-64D-426942-734
AL, AR, AZ, CO, FL, GA, IA, KS,
KY, LA, MO, MS, NC, NE, NM, OK,
SC, TN, TX, UT, VA, WV
Includes Coverage 3C, Other
States Insurance: All States
except those listed and the
states of ND, OH, WA, and WY.
CERT NO.: 21556831 CLIENT CODE: LM_2660 Nicholas Misoni 9/15/2014 9:56:02 AM (EDT) Page 1 of 1
DocuSign Envelope ID: E6DDC279-9010-4938-B85D-AE3FFFF9F1BA