HomeMy WebLinkAboutBID - 5839 ASPHALT OVERLAY PROJECT 2004 (9)9/12/01 Section 00510 Page 1
SECTION 00510
NOTICE OF AWARD
Date: March 19, 2004
TO: Lafarge West, Inc.
PROJECT: ASPHALT OVERLAY PROJECT 2004; BID NO. 5839
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated March 17, 2004 for the above
project has been considered. You are the apparent successful Bidder and have
been awarded an Agreement for ASPHALT OVERLAY PROJECT 2004; BID NO. 5839.
The Price of your Agreement is Nine Hundred Sixteen Thousand Seventy Dollars
Fourteen cents ($916,070.14).
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the 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 April 3, 2004.
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.
City of Fort Collins
OWNER
By:________________________________________
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Title
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 19th day of March
in the year of 2004 and shall be effective on the date this AGREEMENT
is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
Lafarge West, Inc.____ (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 1. WORK
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 defined as asphalt
milling, asphalt patching, asphalt overlays, geotextile paving fabric,
manhole and valve box adjustments, and the associated traffic control
on designated streets in the City of Fort Collins. Specific locations
are described in Section 3500, Project Map.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Engineering, 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. Contract Period. This Agreement shall commence April 15,
2004, and shall continue in full force until December 31, 2004, unless
sooner terminated as herein provided. In addition at the option of
the City, the agreement may be extended for additional one year
periods not to exceed two (2) additional one year periods. Pricing
changes, if any, shall be negotiated by and agreed to by both parties
in writing.
3.2. The Work shall be Substantially Complete within 45 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 50 working days after the date when the Contract Times commence
to run.
3.3. 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.
1) Substantial Completion:
One Thousand Dollars ($1,000.00) for each calendar day or
fraction thereof that expires after the forty-five (45)
working day period for Substantial Completion of the Work
until the Work is Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Five Hundred Dollars ($500.00)
for each calendar day or fraction thereof that expires after
the five (5) working day period for Final Payment and
Acceptance until the Work is ready for Final Payment and
Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
($916,070.14), Nine Hundred Sixteen Thousand Seventy Dollars Fourteen
cents, 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 completed 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 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 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 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.
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 - NA
7.4. Addenda Numbers 1 to 1, 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.
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.
OWNER: CITY OF FORT COLLINS CONTRACTOR: Lafarge West, Inc.
By: ____________________________ By:_____________________________
JOHN F. FISCHBACH, CITY MANAGER
BY:_____________________________ ________________________________
JAMES B. O’NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING Title:__________________________
AND RISK MANAGEMENT
Date:___________________________ Date:___________________________
(CORPORATE SEAL)
Attest: ________________________ Attest:_________________________
City Clerk
Address for giving notices: Address for giving notices:
P. O. Box 580 ________________________________
Fort Collins, CO 80522 ________________________________
LICENSE
NO.:______________________
Approved as to Form
_______________________________
Assistant City Attorney