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HomeMy WebLinkAboutWORK ORDER - BID - 6054 ASPHALT SLURRY SEAL PROJECT (7)Owner AQ nilP4 sear _ - www.a-1chipseal.com Attention Fort Collins, City of Ethan Cozzens 281 College Ave. (970) 224-6061 Fort Collins, CO 80522- Proposal for Fax: (970) 221-6534 Fort Collins, City of .281 College Ave. - Fort Collins Item# Description Option# 1 Parking Lots Slurry Seal 2009 01 Slurry Seal Date 04/20/09 Proposal # 721 Qnty/Unit Unit Price Total Price 1,530 SY $2.10 $3.213.00 02 Slurry Seal '3Uu ......................................................1:000 ..............lurry.Seal ..................�..... ...... 03 Mobilization SY $2.10 $......00.. ......................$2..........$3,3 0.00..E pj'� 1 LS $1,500oo $1,500.00/4 � hTc) Accopied _ Total for Option# 1 $9,073.00 Notes: Additional Sweeping will be charged $275.00 each_— Final Measurement shall Prevail and striping Excludes bonshall _.� 51,E . / �• be completed Macksealy 2009 Work shall be completed May 2009-September 2009 See attached terms and conditions � _ /' ¢ G/r 39 Accepted by: Date: Estimator: 3&a& J(-&mja _ Heath Russo Accepted by: Date: (303) 356-5600 Authorized Agent(s) hrusso@a-1chipseal.com Phone. 303.464.9267 Faxt 303.464.9261 2001 WEST 64th Lane • Denver, CO 80221 Terms and Conditions I. This contract (hereinafter referred to as the -Agreement-) including the ferns and conditions that follow, supersedes any prior understanding or wrilton or oral agreement between the parties. and constitutes the entire agreement between the parties and any understanding of representation not contained herein is hereby expressly waived. It is expressly understood that no representative of the contractor has the power to modify the provisions hereof in any respect, that Contractor shall not be bound by, or liable to, Ovmer for any representation, promise or endorsement made by any agent or person in Contractor's employment to set forth in this Agreement, and no modification or amendment of this instrument shall be binding on the Contractor unless set forth in writing and signed by an authorized officer of the Contractor. 2.This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives successors. and assigns, where permitted by this Agreement. Owner expressly agrees that this Agreement is binding upon it and is not subject to cancellation unless expressly agreed upon for any reason, as shown in the body of this Agreement, and that furthermore. notwithstanding the terms hereof, this Agreement shall not be binding upon Contractor until the credit of Owner is approved and accepted by Contractor, 3. Contractor shall not be liable for delays or damages occasioned by causes beyond his control, including but not limited to: the elements, labor strikes and other labor unrest, riots and other public disturbances, ads of God, accidents, material and supply shortages. and delays occasioned by suppliers not meeting shipping schedules. 4. If any provision is modified by statute or declared invalid, the remaining provisions shall nevertheless continue in full force and effect The Owner and the Contractor agree that the Agreement shall be construed and governed by the laws of Colorado and that venue for any dispute of litigation arising out of this Agreement shall be in Adams County, Colorado. 5. Any alteration or deviation from the specifications, including those directed by the Owner, construction fonder and any public body, that involves extra cost (subcontract, labor, materials) will be executed only upon the parties entering into a written change order, which Contractor may or may not execute at its discretion. Omer hereby authorizes Contractor to make any such repairs and agrees to be responsible for the cost of any such repairs and agrees to be responsible for the cost of any such additional work and materials necessary to complete the Job as described herein. 6. Contractor vnll provide and pay for all labor and materials necessary to complete the Project. Contractor is released from this obligation for expenses incurred when the Owner is in arrears in making progress payments. 7. Contractor will maintain worker's disability compensation insurance for his employees and comprehensive coverage liability insurance policies. Owner to carry insurance against fire. tornado hail, vandalism and other casualty losses. S. Contractor may substitute materials without notice to the owner in order to allow work to proceed, provided that the substituted materials are of no lesser quality than those listed in the specifications, 9. Contractor shall not be responsible for underlying materials of the pavement. 10, The parties agree that in the event of broach of any warranty. either expressed or implied, the liability of the Contractor shall be limited to the labor costs of replacing the defective work. The Contractor shall not be liable for any other damages either direct or consequential. Notwithstanding anything else to the contrary, the Contractor shall have no liability or responsibility for any damage to the structure, its contents, floors, carpets and walkways that is caused by the condition of tracking materials fsealcoat crack filler, tar, etc.), caused by others besides employees of Rocky Mountain Pavement Maintenance, LLC.. regardless of whelhor such damage occurs or is worsened during the performance of the job. 11. Any warranty, express or implied, is void if contract is not paid in full. 12. If any payment under this Agreement is not made when due, the Contractor may suspend work on the job until such time as all payments duo have been made. Any failure to make payment is subject to a claim enforced against the property in accordance with applicable lien laws. 13, In the event the amount of Contract is not paid within 30 days from completion, the account shall be in default. The acceptor of this Agreement agrees to indemnify and hold harmless the Contractor from any costs of expenses incurred in the collection of the defaulted account, or in any pad thereof, including attorneys fees, court cost, etc., and further agrees that the defaulted account, or in part thereof, including attorney's fees, court cast, etc., and fullher agrees that the defaulted account will bear interest at the rate of 1-1/2 % per month, not to exceed 19%per year and not to exceed the maximum rate permitted by law, on the unpaid balance. 14. Owner agrees to indemnify and hold harmless the Contractor and its agents, managers, directors, officers and employees from and against claims, damages, losses and expenses arising out of or resulting from the performance of this Agreement, including claims relating to damages caused by other tradesman and claims related to environmental laws and hazardous materials, except to the extent that such damage, loss or expense is due to the gross negligence or willful misconduct of the party seeking indemnity. 15. This contract shall become binding whon signed by all parties and the authorized office of the Contractor, Owner agrees that upon cancellation before walk is shaded, or before material is delivered on the Job, to be liable for 15%of gross amount of contract for restocking fees. Owner is liable for the full amount of contract in the event they cancel contract after work has started., 16. If contract is completed except for the installation of the striping. then the Owner shall only have the right to hold 10% of the Counted price until that part of the work is completed. 17. Any notice required or permitted under this Agreement may be given codified or registered mail at the addresses contained in the Agreement. 18.Owner further agrees that the equity in this property is security in this Contract. This Contract shall become binding only upon written acceptance hereof by the Contractor or by an authorized Agent of the contractor. or upon commencement of the work. 19, This Contract constitutes the entire understanding of the padios. and no other understanding, collateral or otherwise, shall be binding unless in writing signed by both parties. 20. The proposal will expire within 90 days from date unless extended in writing by the company. After 90 days, we reserve the right to revise our price in accordance with costs in effect at that time