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HomeMy WebLinkAbout202421 CUTLER REPAVING - CONTRACT - BID - 5502 HOT IN PLACE RECYLCING41 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HOT -IN -PLACE RECYCLING PROJECT BID NO. 5502 2002 RENEWAL City of Fort Collins MAY 2002 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 37BCSAB5828 KNOW ALL MEN By THESE PRESENTS that (Firm) Cutler Repaving, Inc. (Address) 921 E. 27th Street, Lawrence, KS 66046 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal", and —� (Firm) Hartford Fire Insurance Company (Address) Asylum Ave, Hartford Plaza, Hartford, CT 06115 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($137,745 One Hundred Thirty Seven Thousand in lawful money of the United States, for the payment o w ich s we 1 an- d truly to be made, we bind ourselves, successors and assigns, Dointly 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 23rd day of May , 2002, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project HOT -IN -PLACE RECYCLING, BID #5502 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 7/96 Section 00610 Page 1 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 inthe State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 28th day of May 2002 .I Principal Cutler Repaving, Inc./ 921 E.('�rljlie�t. Lawrence, KS 66046 as Other Partners By BY w"rif, IN PRESENCE'' OF Suret '•'� y Hartford Fire Insurance's«Compam •��ry,_'w'i,'.K .5. By By -B­ar�ara laity Attorney- ill-rac•x •, 'a 690 Asylum Ave., Hartford 4Plaza, _Ha s� • ri �v�e' (Surety Seal) ,u c NOTE Date of Bond must not be prior to date of Agreement If is Partnership, all partners should execute Bond 7/96 Section 00610 Page 2 11 PONVER OF ATTORNEY THE HARTFORD HARTFORD PLAZA 0 Hartford Fire Insurance Company Twin City Fire Insurance Company 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 0 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut, Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois, Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana, and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida, having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited GaryA Remley, William Schifman, Barbara Tally, Deborah McClendon, LaVonne Engeman, Kevin D Kalish of Mission, KS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant VICE' President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that'ithey are and will be bound by any mechanically applied signatures applied to this Power of Attorney Paul A 8ergenholtz, Assistant Secretary STATE OF CON N ECTICUT I ss. Hartford COUNTY OF HARTFORD �w.., r.r�j• c0n '1 100 i1` , %^S � IDTY �.' ,IIIKY� ry., J.• John P Hyland, Assistant Vice President On this 19i" day of September, 2000, before me personally came John P Hyland, to me known, who being by me duly sworn, did depose and say that he resides in the County of Hartford, State of Connecticut, that he is the Assistant Vice President of the Companies, the corporations descnbed'm and which executed the above instrument, that he knows the seals of the said corporations, that the seals affixed to the said instrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority 4 0 . plc . Jean Ei Womuk CERTIFICATE Notary Public My Commssion Expues Jwc 30, 2004 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 28, 2002 Signed and sealed at the City of Hartford Colleen Mastroianni, Assistant Vice President SECTION 00615 PAYMENT BOND Bond No. 37BCSAB5828 KNOW ALL MEN BY THESE PRESENTS that (Firm) Cutler Repaving, Inc. (Address) 921 E. 27th St., Lawrence, KS 66046 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and -- (Firm) Hartford Fire Insurance Company (Address)690 Asylum Ave., Hartford Plaza, Hartford, CT 06115 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 Corporatlonl hereinafter referred to as "the OWNER", in the penal sum of ($137,745 One Hundred Thirty Seven Thousand Seven in lawful money of the United States, for Hut e pajme76t-5Fw1ii­cff sum well and truly tc be made, we bind ourselves, successors and assignsi, ]ointly 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 23rd day of May , 20 02, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, HOT -IN -PLACE RECYCLING, BID #5502 1 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 Ln such Work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 F PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS (WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 28th day of May 20 02. IN PRESENCE OF (Surety Seal) Principal Cutler Re//paving�Inc. ,, By. 921 E(C h� e)st. Lawrence, KS 66046 (Add-ess) Other Partners Surety Hartford Fare InsuranceCompany- BY ��-CAL'(% lka 4, Y;4,lvs Barbara Tatty, Atto 6y,-Ln7,FactY,W.�e By 690 Asylum Ave., Ha tfor�dPslaza`;;;., (Address) Hartford, CTt061;15� NOTE Date of Bond must not be prior to date of Agreemen is Partnership, all partners should execute B 7/96 )NTRACTOR ,m Section 00615 Page 2 POWER OF ATTORN E"Y THE HARTFORD HARTFORD PLAZA IARTFORD CONNECTICUT 06115 Hartford Fire Insurance Company Twin City Fire Insurance Company 0 Hartford Casualty, Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast,= KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut, Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois, Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana, and Hartford Insurance Company of the Southeast, a corpoiation duly organized under the laws of the State of Florida, having their home office in Hartford, Connecticut, (hereinafter collectively refei red to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited Gary A Remley, William Schifman, Barbara Talty, Deborah McClendon, LaVonne Engeman, Kevin D Kalish of Mission, KS their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above �by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice; President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney -fcz'-01 a (�-� Paul A- Bergenholtz, Assistant Secretary John P Hyland, Assistant Vice President STATE OF CON N ECTICUT ss. Hartford COUNTY OF HARTFORD On this 19M day of September, 2000, before me personally came John P Hyland, to me known, who being by me duly sworn, did depose and say that he resides in the County of Hartford, State of Connecticut, that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument, that he knows the seals of the said corporations, that the seals affixed to the said instrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority + oa � c2•c/ N /y� woru+ C •i Jean H. Womak CERTIFICATE Notary Public My Comm stun Expues June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May-28,,-2002 Signed and sealed at the City of Hartford `. '` •..�w!� � `raT9`s cp,fa79, afff, ",. ,+'; Colleen MastroianniFfMsistant Vice President AcoRa CERTIFICATE OF LIABILITY INSURANCE CSR LE DATE(MMIDDM) UTLR-1 05/29/02 PRODUCER THIS CE RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Schifman, Remley & Assoc., Inc HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5201 Johnson Drive, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE Mission KS 66205 Phone:913-831-1777 Fax:913-831-4730 INSURED INSURER The Hartford INSURER Twin City Fire Insurance Co. INSURER Cutler Reppaving, Inc. 921 E 27th Street Lawrence KS,66046 INSURER INSURER E COVERAGES 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 I ERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY LFFECIIVE DATE MMIDDNY POLICY EXPIRATION DATE MMIODNY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one tire) $300, 000 A X COMMERCIAL GENERAL LIABILITY 37CQT0536 08/01/01 08/01/02 CLAIMS MADE EXI OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL B ADV INJURY $11000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/DP AGG $2,000,000 POLICY X PRO LOG ECT B AUTOMOBILE X LIABILITY ANY AUTO 37UENQT0431 08/01/01 08/01/02 COMBINED SINGLE LIMIT (Ea acotlenp $ 11000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE (Peracotlznt) $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE Is $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY 37WEQT0537 08/01/01 08/01/02 I TOWC 9 LIMITS ER EL EACH ACCIDENT $ 500000 EL DISEASE EA EMPLOYEE $ 500000 EL DISEASE POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *except 10 days for non payment of premium: Project: Hot -in -Place Recycling Project Bid #5502 2002 Renewal L,tK I IHUA1t FIULULK IN I ADDITIONAL INSURED. INSURER LETTER L,AINL,tLLLA I IVIN City of Fort Collins PO Box 580 256 W. Mountain Avenue Ft Collins CO 80522-0580 FORTC01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATOOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 17197) ©ACORD CORPORATION 1988 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. SECTION OC635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO. CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL, COMPLETION PROJECT TITLE HOT -IN -PLACE RECYCLING, BID #5502 PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER. City of Fort Collins CONTRACTOR 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 heretoi This list may not be exhaustive, and the failure to include an item on it doesInot 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 By _ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12 01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below CITY OF FORT COLLINS, COLORADO By OWNER REMARKS' AUTHORIZED REPRESENTATIVE 7/96 Section 00635 Page 1 SECTION 00330 BIDSCHEDULL City of fort Collins I hat -In -Place Reevchng Project Bid No 5502-2002 Renewal Item No. Description Unit Cost Unit Quantity Cost 40501 Hot -In -Place Recycling $ 140 SY 91500 $ 128,10000 40502 Rejuvenating Agent $ 1 50 Gallon 4250 $ 6,37500 21001 Adjust Valve Box $ 6500 Each 33 $ 2,14500 21002 Adjust and Replace I op Section of Valve Box $ 40000 Each 0 $ - 21003 Adjust Valve Box with Ring $ 6500 Each 0 S 21004 Adjust Valve Box with Screw Type Adjustable Riser S 6500 Each 0 S - 21005 Adjust Manhole with Ring $ 12500 Each 9 $ 1,12500 101AT COST $ 137,74500 One Hunched Thirty Seven Thousand Seven Hundred Forty Five Dollars and 00/100 Cents Signed as W2 ( /i✓iZ.piLt�lr-. Company (UTt,M KEPA✓/1,16t ldC Check One Individual Doing Busuiess n Company Name Corporation Parinershp Address 9a J E. -)7'u 5.T. L.Aw,�'_En10Ei .l�s GGo y6 —yg17 Phone/Fax 7$5 gy3-i5,;,/ 786I8d3•39ya SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen , 20 You are hereby notified that on the day of , 20the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, HOT -IN -PLACE RECYCLING, BID #5502. A check is attached hereto in the amount of $ _ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date. Sincerely, OWNER Citv of Fort Collins By Title ATTEST Title 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO- City of Fort Collins, Colorado (OWNER) FROM: PROJECT. HOT -IN -PLACE RECYCLING; BID #5502 (CONTRACTOR) 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 Ln full any and all existing or possible future mechanic's liens or rights or claims against the project or ,any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project 4 The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender„ if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims ' 5 The parties acknowledge that the description of the project set forth above 7/96 Section 00650 Page 1 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 pro3ect Signed this day of 20 CONTRACTOR M Title ATTEST cretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commissicn Expires Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR PROJECT HOT--IN-PLACE RECYCLING, BID #5502 CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) _hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) IM ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-rn-Fact. -7/96 Section 00660 Page 1 i SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here Oil 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 60261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(M) 0 00 NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not Include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side ) i FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED I RegisirahorJAcccunt No (to be assigned by DOR) Period 0170-750 (999) $0.00 89 _ v+yiM1`a.Nr{ 4FfJ"- nS[a'.�= t i_ T�`�(�ST5,fR'IyII.:,IF;f:1RM,A�,,,T14N.=`:{=, , �A 'Fwd _tR:'�". �` },n lv"' Ar �,°Ji4f' fll� ."'tv .i. AYr.T kRCP.AYn,i�A«�viri5T`..0 `�.",?..ih}a `�h-`�.iaA "i`^ .-�i' N Y�'li n,G�_t•• Atli Trade name/DBA Owner, partner, or corporate name Mailing address (City, Stele, Zip) Contact Person i E-Mad address Federal Employer's Identification Number Bid amount for your contract $ fax number Business telephone number Colorado withholding tax account number PT1��tcme 1*0 of exempt organaaton (as shown on contract) Exempt orgamzatlon's number 98 - Address of exempt organization (City, State, Zip) principal contact at exempt organization Principal contact's telephone number - Physical IMSii at) 01 prrgact srle (give actual address when applicable and Cites and/or County (ies) where protect is located) I Scheduled Month Day Year Estimated Month Day Year construction start date completion data 'ivz}F, _1 �+ff"_ 1}_ wlli ` ,�L-,j }1 FjYTi U{Yv?f'" (vKr:`i iry YIl •'v,{te .�, eA i".YITt, - .Zfr C'3 �tl^G rk�y', `il'4 i'1 'SbSrtai�, .W. �'l`I,ePi'Y'6i } lteP ul ..Y'J ,.�. .-I}/Orvi�SG"5i q'VyR{% f declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge Signature of owner, partner or corporate officer Title of corporate officer Date DO NOT WRITE BELOW THIS LINE SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 0096D Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO PROJECT TITLE HOT -IN -PLACE RECYCLING, BID #5502 CONTRACTOR PROJECT NUMBER 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 0 00 TOTAL PENDING CHANCE ORDER 0.00 TOTAL THIS CHANGE ORDER 0 00 TOTAL o OF THIS CHANGE ORDER TOTAL C 0 $ OF ORIONINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all chancfe orders approved) ACCEPTED BY DATE Contractor's Representative ACCEPTED BY DATE Pro]ect Manager REVIEWED BY Title, APPROVED BY Title APPROVED BY Purchasing Agent over $30, cc City Clerk Contractor Project File Architect Engineer Purchasing DATE DATE DATE 9/99 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 4 9/99 \ ) , } } \ } ! ( ! k} � � } 2 7} t } ]} ¢ ] ! § ! | ! =..§a■ ! ! i ! \ t 14 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 23rd day of May in the year of 2002 and shall be effective on the date this AGREEMENT is signed by tie City. The City of Fort Collins (hereinafter called OWNER) and Cutler Repaving, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT RENEWAL & WORK 1.1 Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 31" day of May, 2000, entitled Specifications and contract Documents for HOT -IN -PLACE RECYCLING, BID #5502, City of Fort Collins (hereinafter called The 2002 CONTRACT)and all portions of the 2002 contract incorporated into this Agreement by reference herein shall be read and interpreted as if the same were attached hereto. This renewal is authorized pursuant to Article 3 1 Contract Period, of the 2002 CONTRACT This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until March 31, 2003, unless sooner terminated as provided by the Contract Documents. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering Department, 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 ARTICLE 3. CONTRACT TIMES 3 1 The Work shall be Substantially Complete within 15 working 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 30 calendar days after substantial completion 3.2 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 proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter 10/97 Section 00520 Page 1 ------------- � 88888888S88SS8888888SSS888S888SSS S cu a 0 3~ LL o � S€SSSSSS88S8888888888888888888885 8 P U E •( N y» M Y N H N N W N w N M N» r N N M H M N M M Y µ M N M N N M N U 3� CpoC CGoGoCCpOC pO p CppCCCC C CCV y 6� � 88SS8$88888888888S888SB8888888888 8 N N N Y N N Y» N N Ver M M 8 M w N N H N W W u W kM » K M'NN M» N �y _Z 9 y� L O F gg .yg m 9 Z w= � e; 888SS88SSS88S88 8 8 iy r. •� won o0 oe o0 o e aoo w N (] Itl C NrwNFNNNNNwNwW r i S888SSS8$8S8$8S 8 $ N M N N µ N MN N M W w M W w N w C 0. � p U a �S F � 88$888888888588 8 8 » M o w e o a a a o a a a o m « o < N M µ F N F N N N N µ N N U d � agssssssssss$ss s $ M M N w w w N W M K wK W w M N N aS 3 8885$8858$88858 8 8 Noca000000000eo o w M K N NK M M N N K W M K N N J Gy a QW G yc r1 O h iz i "o �_ M N M M K �7 N H M M1 N N N N M H Nr M H T v f7 b i L 4 aF _ u. O O �F� i yi n S N 8p N I HOT -IN -PLACE RECYCLING PROJECT NERAL REQUIREMENTS INDEX SEC PION PAGE NUMBERS 01010 Summary of Work General Reqs 24- 01040 Coordination General Reqs 5-6 01310 Construction Schedules General Reqs 7-18 01410 Testing General Regs9-10 01510 Temporary Utilities General Reqs 11 01560 Temporary Controk General Reqs 12 01700 Contract Closeout General Reqs 13 01800 Method of Measurement and Basn of Payment General Reqs 14 01010 Y OF WORK DESCRIPTION OF WORK Al This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used This work shall be performed in Fort Collins on Lemay Avenue, from Prospect Road to the Poudre River Bridge, on County Road 9, from Mountain Vista to County Road 52, and on Mountain Vista Drive, from I-25 to County Road 9 ' B I Protection and Restoration Replace to equal or better conditions all items removed and replaced or damaged during construction Restore all areas disturbed to match surrounding surface conditions Also see tree protection standards C I Construction Hours Construction hours, except for emergencies, shall be limited to 7 00 a in to 6 00 p in , Monday through Friday, unless otherwise authorized in writing by the Engineer After hour equipment operation shall be in accordance with Section 1560 Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work The cost for field engineering and inspection shall be $50 00 per hour 1 2 NOTICES r0 PRIVATE OWNERS AND AU'I HORITIES A Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services C Contact utilities at least 48 hours prior excavating near underground utilities D Contact all agencies at least 72 hours prior to start of construction Notdy all agencies of the proposed scope of work schedule and any items which would affect their daily operation E Rick Richter will be the ENGINEER (Project Engineer/Manager) for the City of Fort Collins Rick Richter 970-221-6798 Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience City of Fort Collins, Colorado 97o-221.6681, Meter Shop 970-221-6759 Fort Collins - Loveland Water District 970-226-3104 Sewer City of For( Colhns, Colorado 970-221-6589 City of Loveland Stonnwater Utility, Kevin Gingery 970-962-3571 ry Sewer City of Fort Collins, Colorado 970-221-6681 City of Loveland Watet and Power, Colorado Scott Ballinger 9970-962-3561 cal City of Fort Collins, Colorado 970-482-5922,970-221-8553 City of Loveland Water and Power, Colorado Kathleen Porter 9970-962-3561 Public Service Company of Colorado 970-482-5922,970-221-8553 ione U S Wetit Communications 970-484-0300, 970-226-63 10 Operations City of Ft Collinti, Colorado 970-221-6608 City of Loveland, Colorado Bill flange, 970-962-2528 Television AT&T 970-493-7400 ty Locates Under One -call System 1-800-922-1997 3 Occupational Safety and Health Administration (OSHA) 844-3061 Poudre Fire Authority Non -Emergency 970-221-6581 Emergency 911 City of Fort Collins Police Department Non -Emergency 970-221-6550 Emergency 911 Latimer CountySheriffs Department Non -Emergency 970-221-7177 Ambulance Poudre Valley Hospital Non -Emergency 970-484-1227 Emergency 91�1 Transportation Fransfort 970-221-6620 Fraffic Engmeering 970-221-6608 US Postal Service - Judith Robertson 970-225-4111 END OF SECTION 4 01040 IATION GENERAL CON 1 R ACTOR RESPONSIBILITIES A Coordinate operations under contract in a manner which will facilitate progress of the Work The Contractor shall also coordmatc with the Landscape Contractor whose Work is separate from the General Contractor's contract B Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety C Coordinate operations under contract with utility work to allow for efficient completion of the Work D Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all tines and keep them informed at all tines CONFERENCES A A Pre -construction Conference will be held prior to the start of construction 1 Contractor shall participate in the conference accompanied by all major Subcontractors, including the 1 raffic Control Supervisor assigned to the project 2 Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project 3 1 he Engineer shall invite all utility companies involved 4 The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules 5 '1 he Engineer shall introduce the project Representatives B Additional project coordination conferences will be held prior to start of construction fori coordination of the Work, refining project schedules, and utility coordination C Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer PROGRESS MEETINGS A Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work B I Attendance shall include 1 Contractor and Superintendent 2 Owner's Representatives 3 Engineer and Resident Project Repiesentative 4 Traffic Control Supervisor 5 Others as may be requested by Contiactoi, Engineer or Owner 5 C M Minimum agenda shall include 1 Review of work luogress since last meeting 2 Identification and discussion of problems affecting progress 3 Review of any pending change orders 4 Revision of Construction Schedule as appropriate The Engineer and Contractor shall agree to weekly quantities at the progress meetings The weekly quantity sheets shall be signed by both parties These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates This process ensures accurate monthly project pay estimates END OF SECTION 6 01310 SCHEDULES 11 GENERAL A The contractor shall prepare a detailed schedule of all construction operations, showing startland end dates This schedule will show how the contractor intends to meet the milestones set forth I No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials 12 FORMAT AND SUBMISSIONS A Prepare construction and piocuro schedules in a graphic formal suitable for displaying scheduled and actual progress B � Submit two copies of each schedule to Owner for review 1 Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others C I fire schedule must show how the street, landscaping and various utility work will be coordinated 13 CONTENT A Construction Progress Schedule I Show the complete work sequence of construction by activity and location 2 Show changes to traffic control 3 Show project mile stones B I Report of delivery of equipment and materials 1 Show delivery status of critical and major items of equipment and materials 2 Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for c quipnient and materials, reference Section 01340 14 PROGRESS REVISIONS A Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment B I Show changes occurring since previous submission I Actual progress of each item to date 2 Revised projections of progress and completion C I Provide a narrative report as needed to define 1 Anticipated problems, recoimnended actions, arid their effects on the schedule 2 The effect of changes on schedules of others 7 1) Substantial Completion One Thousand Dollars ($1,000 00) for each calendar day or fraction thereof that expires after the fifteen (15i working day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial each calendar day (30) calendar day Work is ready for ARTICLE 4 CONTRACT PRICE Completion, One Thousand Dollars ($1,000 00) for or fraction thereof that expires after the thirty period for Final Payment and Acceptance until the Final Payment and Acceptance. 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($137,745.00), One Hundred Thirty-seven Thousand Seven Hundred Forty-five Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. 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. 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 Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, 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. 90% of the value of Work completec until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, 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 90% 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 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount 10/97 Section 00520 Page 2 A B OWNER'S RESPONSIBILITY Owner's review is only for the purpose of checking conformity with the Contract Documents and asveting Contractor in coordinating the Work with the needs of the Project It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions END OF SECTION 01410 PING ll GENLRAL A Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples Do not use any materials or equipment represented by samples until tests, if required„ have been made and the materials or equipment are found to be acceptable .Any product which becomes unfit for use after approval hereof shall not be incorporated into the work B All materials or equipment proposed to be used may be tested at any time during their preparation or use Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing Products maybe sampled either prior to shipment or after being received at the site of the work C Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for q esting Materials (ASTM) D Where additional or specified information concerning testing methods, sample sizes, etc , is required, such mforination is included under the applicable sections of the Specifications Any modification of or elaboration on, these test procedures which may be included for specific materials under their respective i sections in the Specifications shall take precedence over these procedures 1 2 OWNER'S RESPONSIBILITIES A � Owner shall be responsible for and shall pay all costs in connection with testing for the following I Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner 1 3 CONIRACTOR'S RESPONSIBII F[IES A In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following i All performance and field testing specifically called for by the specifications All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1 2 above ' All minimum cal l out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer B Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing 1 4 CONTRACTOR'S QUALM Y CONTROL SYS I EM A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all, items of Work, including that of his subcontractors, to ensure conformance to the functionalperformance of this project I his control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner The Contractor's control system shall specifically include all testing required by the various sections of these Specifications B Superintendence I lie Contractor shall employ a full tune Superintendent to monitor and coordinate all facets of the Work the Superintendent shall have adequate experience to perform the duties of Superintendent o i C D Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule Records Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc ) proposed or directed remedial action, and! corrective action taken Document inspections and tests as required by each section of the Specifications Provide copies to Engineer daily TEND OF SECflON 10 01510 \RY UTILITIES 11 UTILIIIES A Furnish all utilities necessary for construction B Make arrangements with Owner as to the amount of water required and time when water will be needed I Meters may be obtained through the Water Utility Meter Shop at 221-6759 2 Unnecessary waste of water will not be tolerated ` D Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor 1 2 SANITARY FACILfI IES A Furnish temporary sanitary facilities at each site for the needs of construction workei s and others pertormmg work or furnishing services on the Project B Properly mamtam sanitary tacihties of reasonable capacity throughout construction periods C Enforce the use of such sanitary tacihties by all personnel at the site D Obscure from public view to the greatest practical extent END OF SEC ION 01560 kRY CONTROLS 1 1 NOISE CONTROL A lake reasonable measures to avoid unnecessary noise when construction activities are bemg�performed in populated areas B Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work C Cease operation of all machinery and vehicles between the hours of 6 00 p in and 7 00 a in 1 2 DUST CONTROL A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing B Earth and road surfaces subject to dusting due to construction activities and dctounng of traffic shall be kept moist with water or by application of a chemical dust suppressant 1 Chemical dust suppressant shall not be injurious to existing or future vcgc tatmn 1 3 POLLUTION CONTROL A Prevent the pollution of drams and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction acuvnres 1 Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site 2 Prevent sediment, debits or other substances from enter mg sanitary sewers, storm drams sand culverts 1 5 TRAFFIC CON 1 ROL A Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins' `Work Area Traffic Control Handbook", and the City of Fort Collins' "Design Criteria and Standards for Streets", Part 2, General Requirements, Subsection 1 4, `Barricades Warning Signs, Signal Lights" In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern A For the City of Loveland, Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD) The contractor shall submit a traffic control plan to the 1 raffic Department (Bill Ilange 970/962-2528) a minimum of 2 weeks in advance of construction The contractor and any traffic control sub- contractor shall be prepared to discuss the plan with the owner at the pre -bid meeting i 1 6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads END OF SECTION 12 SECTION 01700 CONTRACT CLOSEOUT I I CLEANING AND RESTORATION A Return the premises and adlacent properties to conditions existing or better than existing at the time the work was begun This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction I he Engineer will be the judge of the degree of restoration required END OF SECTION 13 ON 011300 OD OF MEASUREMENT AND BASIS OF PAYMEN 1 1 I DEFFCTIVE WORK A Owner will not pay for detective work and will not pay for repair or additional work require project to a point of acceptance 1 BID PRICE A the total Bid Price covers all Work required by the Contract Documents All work not spe, a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all therewith shall be included in the paces bid for the various items of Work B Prices shall include all costs in connection with the proper and successful completion of the furnishing all materials, equipment and tools, and performing all Tabor and supervision to to Work C Unit prices shall govern over extensions of sums D Unit prices shall not be subject to renegotiation 1 ESTIMATED QUAN I I I IES A All quantities stipulated in the Bid Form at unit prices are approximate and are to be used estimating the probable cost of the Work and for the purpose of comparing the bids subim basis of payment shall be the actual amount of materials furnished and Work done to bring the Ily set forth as in connection )rk, including complete the as a basis for to the Work The B Contractor agrees that he will make no claim for damages, anticipated profits or otherwise n account of any difference between the amount of Work actually performed and materials actually furiusheland the estimated amount therefor END OF SECT ION 14 SECT ON 02500 QU TITY ESTIMATE City ot Fort Collins Hot -In -Place Recycling Project Bid Nc 5502 - 2002 Renewal 40501 40502 21001 21005 1 Hot -In -Place Adjust Manhole with Local ion Rejuvenating Agent Adjust Valve BoxRm Recycling Mountain Vista Drive - I25 to 27087 1354 1 0 County ]Road 9 Cou Road 9 - Mountain Vista 26987 1349 2 0 to County Road 52 Leiria e Avenue - Prospect Road to 29086 1163 30 9 Poudre River Bridge Totals 83160 3866 33 9 No Text No Text sufficient 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 Pcceptance 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 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. 10/97 Section 00520 Page 3 No Text 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. 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 3Lien Waiver Releases 7.2 4 Consent of Surety 7.2 5 Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, None 7.4. Addenda Numbers none to none, inclusive. 7.5 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. 7 6 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 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. 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 10/97 Section 00520 Page 4 8 3 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. 10197 Section 00520 Page 5 OWNER C Y OF FORT COLLINS � By: . L A--, JOHN I CHBACH, CITY MANAGER BY V� JAM S B O'NEILL II, CPPO, FNIGP IR CTOR OF PURCHASING D RIS MA/NAGEMENT Date , 'Ak` ' (0'--/"7" �-% [ �, u a ��1ty C-1 erk� rlf Addresai g1wing notices: P,.�" 0 .BoX4580, Fort Collins, CO 80522 Approved as to Form 4 -7�� Assistant City Attorney 10/97 CONTRACTOR Cu`ttlllear./ Repaving, Inc By nn Title Date: Attest low 5.3o•aa v . (CORPORATE SEAL),.? 4 . v Address for giving notices: — i'Amr — LICENSE NO. Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: HOT -IN -PLACE RECYCLING; BID #5502 To This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement - Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be and , 20 , respectively. 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 By - Title 7/96 Section 00530 Page 1