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HomeMy WebLinkAboutRESPONSE - BID - 7222 ASPHALT OVERLAYSECTION 00300 BID FORM BID 7222 - Asphalt Overlay Page 16 of 269 21. What are the limits of your public liability? DETAIL What company? Liberty Mutual Surety Co. 22. What are your company's bonding limitations? $225 Million 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at Noon this 05th day of April , 2011• Lafarge West. In Name o $ac�ele�� Ba l•/EI!///�jil1 Ken th R. Bal Title: General Manager State of Colorado County of Larimer Kenneth R. Ball being duly sworn deposes and says that he is General Manager of Lafarge West Tnr_ and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscrib and sworn to before this 05th day of April r 2011. Notary Public Patrese E. Yarbrough My commission expires March 28, 2013 0 Rev 10/20/07 BID 7222 - Asphalt Overlay Section 00420 Page 3 Page 26 of 269 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15°% of the contract. 1003451 Traffic Control Grinding / Planning Fly -Ash / Asphalt Recycling SUBCONTRACTOR Quality Traffic Control Don Kehn Construction Son -Haul, Inc. Section 00430 Page 1 BID 7222 - Asphalt Overlay Page 27 of 269 BIT) BOND Lafarge North America, Inc. KNOW PLL MEN BY THESE PRESENTS: that we, the undersigned dba Lafarge West, Inc. as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as CW>vER, in the sum of $5% of Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7222 asphalt Overlay. NOW THEREFORE, a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form; of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish, a. BOND for his faithful performance of said Contract, and for payment of, all persons performing labor or furnishing materials in connection therewith, end shall in. all other respects perfoxrn the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all. claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER, may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. Rev 1020/07 BID 7222 -Asphalt Dva;lay Section 00410 Page 2 Page 22 of 2619 IN WITNESS WHEREOF, the Principal and and seals this 18th day of March corporations have calls=_d their ccrpo presents to be signed by their prep forth above. PRINCIPAL Lafarge North America, Inc. Name: dba Lafarge West, Inc. Address: 1800 N. Taft Hill Road'ns FortCo CO 521 By: Title:-,eslar�r I��n r,ncPrr PST TF ST --� - �. �� E'J (SEAL') Rev 1012W07 610 7222 - Asprtalt Overlay the Surety✓ have hereunto set their hands , 2011, and such of them as are rate seals to be hereto affixed and these er officers, the day and year first set SURETY Fidelity and Deposit Company of Maryland 400 American Schaumburg, IL 6019-1056 By �0.�w�c>✓.a a,c� Sandra E. Bronson Title: Attorney -in -Fact ;SEAL) Section C0410 Page 3 Page 23 012.89 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d =ereby nominate, constitute and appoint Richard G. DICCIANI, Darella E. WHITE, D rd A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen M aC ancy K. WALLACE, all of Philadelphia, Pennsylvania, EACH its true o n A make, execute, seal and deliver, for, and on its behalf as surety, e l and undertakings, and the execution of such bonds or undertakings in p�t pre as Hilt ing upon said Company, as fully and amply, to all intents and purposes�ha n y t owledged by the regularly elected officers of the Company at its office in Baltimo sons. This power of attorney revokes that issued on behalf of Richard G. DICCIANI, Darella�� . WHEELER, Richard A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen E. MCNE e G. MCVAUGH, Nancy K. WALLACE, dated June 13, 2006. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of June, A.D.2006. ATTEST: 'gyp DUO"` Sate of Maryland 1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By. GL—"_1"j M. P. Hammond Vice President On this 20th day of June, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ���t............. \\/ Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 156-0062 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this I V 4,� day of / ' I P(A4 J a d 11. Assistant Sec.-etary FIDELITY AND DEPOSIT COMPANY OF MARYLAND 3910 KESWICK ROAD, BALTIMORE, MD 21211-2226 Statement of Financial Condition As Of December 31, 2009 ASSETS Bonds...............................................................................................................................................$ 156,584,995 Stocks............................................................................................................................................... 22,537,672 Cash and Shot Term Investments................................................................................................... 9,719,598 ReinsuranceRecoverable................................................................................................................. 9,347,241 Other Accounts Receivable.............................................................................................................. 51,052,264 TOTALADMITTED ASSETS........................................................................................................$ 249,241,769 "LIABILITIES, SURPLUS AND OTHER FUNDS Reservefor Taxes and Expenses.., ....................................... ........................................................... $ 76,835 Ceded Reinsurance Premiums Payable............................................................................................ 58,237,612 Securities Lending Collateral Liability ............................................................................................ 5,511,875 TOTAL LIABILITIES....................................................................................................................$ 63,826,322 Capital Stock, Paid Up........................................................................................ $ 5,000,000 Surplus................................................................................................................ 180,415,448 Surplus as regards Policyholders...................................................................................................... 185,415,447 TOTAL....................................................................................................................................... $ 249,241,769 Securities carried at $38,395,957 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2009 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $247,657,513 and surplus as regards policyholders $186,999,703. 1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPDSrr COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31 st day of December, 2009. Slate oflllinios City of Schaumburg SS: Subscribed and sworn to, before me, a Notary Public of the Slate of Illinois, in the City of Schaumburg, this 15th day of March, 2010. NV�NV,n•�. J�•` Notary Public IvIARLOG.SARABY11 CC OFFICIAL LfYGOMMISSIONE%PINES` 9J SEAL`jn NOVEMBER25,2011 S OF II 0 Disclosure Statement ZURICH Contract Bonds - BO ZURICH AGENT/BROKER COMPENSATION DISCLOSURE Dear Policyholder: On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to represent your company's interests in the placement of insurance coverages. As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent many insurance companies. Because we do not employ your agent or broker, the way they are compensated may vary. We recommend you discuss these arrangements with your agent or broker. For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with your business, please go to http://www.zurichna.com. Click on the information link located on the Agent/Broker Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to view this information. Alternatively, you may call (877) 347-6465 to obtain this type of information. Thank you. Access Code: 2016084473 U-RET-E-402-A CW (11106) Page 1 of 1 A BID BOND Lafarge North America, Inc. KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned dba Lafarge West, Inc. as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 5% of Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7222 rAsphalt Overlay. NOW THEREFORE, (a) If said Bid steal). be rejected, or (b) If said aid shall be accepted and the Principal shall execute and deliver a Contract in the form. of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish. a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, a,n.d shall inall other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for, any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or - affected by any extension of the time within which th.e OWNER, may accept such Bid; and said Surety does herebywa-i.ve notice of any such extension. Surety Companies executing bonds must be authorized to transact business in ,the State of Colorado and be.accented by the OWNER. Rev 1020/a7 BIC 7222 - Acphalt Overlay Section 00410 Page 2 Page 22 of 259 IN WITNESS WHEREOF, the Principal and the Surety have Iereunto set their hands and seals this 18th day of March , 2011, .and such of them as are corporations have taus=d their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set .orth above. PRINCIPAL Lafarge North America, Inc. Frame: dba Lafarge West, Inc. Address: 1800 N. Taft Hill Road (SEAL) Rev 1=0107 310 7222 - Asphalt Overlay 5LIRHTY Fidelity and Deposit Company of Maryland 1400 American Lane Schaurpburg, IL 6019-1056 By: )nr bJ"G Sandra E. Bronson Title: Attorney -in -Fact {SEAL) Section 0041D Page 3 Page 23 of 269 SECTION 00300 BID FORM PROJECT: Bid 7222 Asphalt Overlay City of Fort Collins Place P.O. Box 580, Fort Collins, Co. 80522 'Date April 05, 2011 1. In compliance with your Invitation to Bid dated March 14 , 2011 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have beenexaminedby the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5% ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: Safeco Insurance Company of America 1001 4th Ave. Suite 1700, Seattle, WA. 98154 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 001 through 002 Rev10120107 Section 00300 Page 1 BID 7222 - Asphalt Overlay Page 17 of 269 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Richard G. DICCIANI, Darella E. WHITE, Do rd A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen M ° ancy K. WALLACE, all of Philadelphia, Pennsylvania, EACH its true ° - , make, execute, seal and Ty deliver, for and on its behalf as sure stets e A and undertakings, and the execution of such bonds or undertakings in p Vit Je re wing upon said Company, as fully and amply, to all intents and purpose � ha n t o dedged by the regularly elected officers of the Company at its office in Baltimot� ""T' inp sons. This power of attorney revokes that issued on behalf of Richard G. DICCIANI, Darella�D� WHEELER, Richard A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen E. MCNEI e G. MCVAUGH, Nancy K. WALLACE, dated June 13, 2006. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of June, A.D.2006. ATTEST: 4� State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By:QL"_�_'j M. P. Hammond Vice President On this 20th day of June, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 156-0062 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of /7✓vj_. Assistant Secretary FIDELITY AND DEPOSIT COMPANY OF MARYLAND 3910 KESWICK ROAD, BAI.TIMORF., MD 21211-2226 Statement of Financial Condition As Of December 31, 2009 ASSETS Bonds............................................................................................................................. Stocks............................................................................................................................. Cash and Shot Term Investments................................................................................. ReinsuranceRecoverable............................................................................................... Outer Accounts Receivable............................................................................................ TOTAL ADMITTED ASSETS...................................................................................... -LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses................................................................................. Ceded Reinsurance Premiums Payable....................................................................... Securities Lending Collateral Liability ....................................................................... TOTALLIABILITIES............................................................................................... CapitalStock, Paid Up........................................................................................ $ Surplus................................................................................................................ Surplus as regards Policyholders .................................... ........................... I................. TOTAL.................................................................................................................. ............ S 156,584,995 ............ 22,537, 672 ............ 9,719,598 ............ 9,347,241 ............ 51,052,264 ............ $ 249,241,769 ....... $ 76,835 ....... 58,237,612 ....... 5,51 1,875 ....... $ 63,826,322 5,000,000 180,415,448 .1...I.............. 185,415,447 .................... $ 249,241,769 Securities carried at $38,385,957 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2009 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $247,657,513 and surplus as regards policyholders $186,999,703. 1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPosti, COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31 st day of December, 2009. Slate of Illinios City of Schaumburg SS: Subscribed mid sworn to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this 151h day of March, 2010. U Notary Pnbllc I,IARLO G. SARABYN OFFICIAL hfY COMMISSION EXPIRES% sr SFnL`r� NOVENER25,201I 0 Disclosure Statement ZURICH Contract Bonds - BO ZURICH AGENT/BROKER COMPENSATION DISCLOSURE Dear Policyholder: On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to represent your company's interests in the placement of insurance coverages. As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent many insurance companies. Because we do not employ your agent or broker, the way they are compensated may vary. We recommend you discuss these arrangements with your agent or broker. For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with your business, please go to http://www.zurichna.com. Click on the information link located on the Agent/Broker Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to view this information. Alternatively, you may call (877) 347-6465 to obtain this type of information. Thank you. Access Code: 2016084473 U-RET-E-402-A CW (11/06) Page 1 of 1 BID BOND Lafarge North America, Inc. {NOW ALL MEN BY THESE PRESENTS: that we, the undersigned dba Lafarge West, Inc. as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of S 5% of Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the Ciry of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of .Fort Collins Project, 7222 Asphalt Overlay. NOW THEREFORE, a) If said Bid-sha7.]. be rejected, or (b) If said Bid shall he accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish, a. BOND for his faithfulj performance of said Contract, and for paynwnt of, all persons performing labor or furnishing materials in connection therewith, and shall in. all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all. claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of then time within which the o67NER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies a;�ecuting- bonds must be authorized to transact business in the State of Colorado ant beacceptedby the OWNER. Rav 10r20/07 BID 7222 - Acphall Overlay Section 00410 Page 2 Page 22 of 269 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 18th day of March , 2011, and such of them as are corporations have caused their- corporate seals to be hereto affixed and these presents to be signed by their proper officErs, the day and year first set _orth aboie. PRINCIPAL Lafarge North America, Inc. Name: dba Lafarge West Inc. :•0 N. Taft Hill -..• • .•• •0 &0521 goo r _ i (SEAL) Rev 10/20/07 BID 7222 - Asprtalt Overlay S=TY Fidelity and Deposit Company of Maryland 1400 American Lane Schau bur , IL 6019--11056 3 i. Qf�Vk�.MI Sandra E. Bronson Title: Attorney -in -Fact 'SEAL) Section 0041D Page 3 Page 23 of 269 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said �y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Richard G. DICCIANI, Darella E. WHITE, D rd A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen M �ancy K. WALLACE, all of Philadelphia, Pennsylvania, EACH its true make, execute, seal and deliver, for, and on its behalf as surety, , e 9 and undertakings, and the execution of such bonds or undertakings in p f re mg upon said Company, as fully and amply, to all intents and purposej,7q ha �eefn y owledged by the regularly elected officers of the Company at its office in Baltimo .,in sons. This power of attorney revokes that issued on behalf of Richard G. DICCIANI, Darella D WHEELER, Richard A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen E. MCNEI e G. MCVAUGH, Nancy K. WALLACE, dated June 13, 2006. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of June, A.D.2006. ATTEST: v�o oc°os,` o IfM ? State of Maryland 1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: M. P. Hammond Vice President On this 20th day of June, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 4 '` b(,1 I C. ':F':� " i/.. i i'.11i1`I`,,. •C. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 156-0062 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this JS+\ day of ad 1 . Assistant Secretmy FIDELITY AND DEPOSIT COMPANY OP MARYLAND 3910 KESWICK ROAD, BALTIMORE, MD 21211-2226 Statement of Financial Condition As Of December 31, 2009 ASSETS Bonds......................................................................................................................... Stocks......................................................................................................................... Cash and Shot Tenn Investments............................................................................. ReinsuranceRecoverable........................................................................................... Other Accounts Receivable........................................................................................ TOTALADMITTED ASSETS ..................................................... I............................ .............. S 156,584,995 .............. 22,537,672 .............. 9,719,598 .............. 9,347,241 .............. 51,052,264 .............. $ 249,241,769 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses...................................................................................................... $ 76,835 Ceded Reinsurance Premiums Payable...................................................................... Securities Lending Collateral Liability ...................................................................... TOTALLIABILITIES.............................................................................................. CapitalStock, Paid Up........................................................................................ $ Surplus................................................................................................................ Surplus as regards Policyholders................................................................................ TOTAL................................................................................................................. 58,237,612 ............ I......... 5,511,875 ...................... $ 63,826,322 5,000,000 180,415,448 185,415,447 ...................... $ 249,241,769 Securities carried at $38,385,957 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of insurance Commissioners. On the basis of December 31, 2009 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $247,657,513 and surplus as regards policyholders $186,999,703. 1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT' COMPANY OP MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2009. Slate ofillinios City of Schaumburg SS: Subscribed raid sworn to, before me, a Notary Public of the Slate of Illinois, in die City of Schaumburg, this 15th day of March, 2010. A4(rJrah6� v P Notary Public ire' av� IvIARLO G. SARABYN ovncALy h1Y COMMISSION EXPIRES( 9'senL,za NOVEtdBER25,2011 $ FOF,. k Disclosure Statement Contract Bonds - BO ZURICH AGENT/BROKER COMPENSATION DISCLOSURE Dear Policyholder: 0 ZURICH On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to represent your company's interests in the placement of insurance coverages. As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent many insurance companies. Because we do not employ your agent or broker, the way they are compensated may vary. We recommend you discuss these arrangements with your agent or broker. For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with your business, please go to http://www.zurichna.com. Click on the information link located on the Agent/Broker Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to view this information. Alternatively, you may call (877) 347-6465 to obtain this type of information. Thank you. Access Code: 2016084473 U-RET-E-402-A CW (11/06) Page 1 of 1 EXHIBIT 1 - REVISED BID SCHEDULE AS OF 4/1/2011 8. BID SCHEDULE Item No. Item Description Unit Contract Quantity Unit Cast Cost 109.00 Force Account - Asphalt Cement Cost Adjustment Estimate N/A N/A $320,000.00 202.10 Grinding (planing) Surface Preparation <3" SY 1,000 2.25 2,250.00 202.30 Grinding (planing) Surface Preparation 5" to 7" SY 2,000 3.45 6,900.00 202.40 Grinding (planing) Surface Preparation 7" to 9" SY 2,500 4.45 11,125.00 202.50 Taper Planing Adjacent to Gutter LF 500 1.90 950.00 202.60 Bobcat Style Milling<3" SY 100 5.05 505.00 202.70 Bobcat Style Milling - Additional Inch Thickness SY/ IN 200 .65 130.00 203.10 Excavation - General Less Than 100 CY CY 25 23.55 588.75 203.20 Excavation - General Over 100 CY CY 15 20.10 301.50 203.30 Excavation - Muck CY 25 20.00 500.00 203.40 Borrow - Less Than 100 Ton TON 50 21.00 1,050.00 203.50 Borrow -Over 100 Ton TON 25 15.45 386.25 203.60 Shouldering - LF 400 .70 280.00 208.10 Rock Wattle LF 400 2.90 1.160.00 208.20 Crumb Rubber Wattle LF 300 10.i 95 3,285.00 208.30 Straw Bales EA 10 208.40 Silt Fence LF 100 1.70 170.00 210.00 Reset Mailbox EA 1 202.20 202.20 210.01 Adjust Valve Box EA 180 141.95 25,551.00 210.02 Adjust Valve Box with Ring - EA 10 64.25 642.50 210.03 Adjust Valve Box -Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser EA 6 79.35 476.10 210.04 Adjust and Replace Top Section of Valve Box EA 5 286.20 1,431.00 210.05 Tyler 6850 Series, Item 58, 14" Valve Box Extension (Part Only) EA 2 61.30 122.60 210.06 Tyler 6860 Series, 16" Valve Box Top Section Without Lid (Part Only) EA 5 61.60 308.00 210.07 Tyler 6860 Series, 26" Valve Box Top Section Without Lid (Part Only) EA 3 74.95 224.85 210.08 Total Valve Box Replacement, Tyler 6860 Series, 30" Bottom Section EA 4 430.00 1,720.00 210.09 Adjust Standard Manhole <-24" EA 130 325.00 42 250.00 210.10 Adjust Special Manhole >24" EA 21 1410.00 81610.00 210.11 Adjust Manhole with Ring LA 1 160.55 160.55 210.12 Adjust Manhole with Ring w/Locks <24" dia, 5 3" height EA 15 160.55 2,408.25 210.13 Adjust Manhole with Ring w/Locks 524" dia, > 3" height EA 15 168.55 2,528.25 210.14 Adjust Manhole with Ring w/Locks >24" dia, 5 3" height EA 12 192.65 2,311.80 210.15 Adjust Manhole with Ring w/Locks>24" dia, > 3" height EA 2 198.35 396.70 306.01 Subgrade Preparation SY 50 1.50 75.00 306.02 Asphalt Recycling 5-10" SY 100 22.70 2,270.00 307.10 Class C Fly Ash Delivered & Spread 12" Depth @ 10% TON 250 49155 12 387.50 307.20 Stabilize Subgrade - Tilled, Watered, & Compacted SY 6,000 2.95 17 700.00 403.01 HMA - Grading SX Parking Lot Overlay TON 100 62.95 6 295.00 403.02 LIMA - Grading SX Basketball Court TON 25 71.25 1,781.25 Addendum 2 - Page 2 of 3 7222 Asphalt Overlay City of ort Col�Plins -, cha s 4.I1l111161 -v1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7222 Asphalt Overlay OPENING DATE: 3:00 PM (Our Clock) April 8, 2011 Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes and additions are hereby made: The bid date had been changed to April 8, 2011 • Two additional line items have been added to the bid schedule. Item No. 630.00, Construction Zone Traffic Control, has been added to the Base Bid and also for the Bid Alternate 1. ALL TRAFFIC CONTROL to perform the work depicted in the bid documents shall be provided as a lump sum unit cost basis. • Exhibit 1 — Revised Bid Schedule as of 4/1/2011 Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 2 Page 1 of 3 7222 Asphalt Overlay SECTION 00020 INVITATION TO BID Rev 10/20/07 BID 7222 - Asphalt Overlay Section 00020 Page 3 Page 4 of 269 SECTION 00020 INVITATION TO BID Date: March 15, 2011 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on April 5, 2011, for the Asphalt Overlay; BID NO. 7222. If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7222 Asphalt Overlay. This work shall consist of 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. For technical questions, please e-mail Kathleen Maddux, at kmaddux@fcgov.com. For purchasing questions, please e-mail John Stephen at jstephen@fcgov.com. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Rev 10/20/07 Section 00020 Page 1 BID 7222 - Asphalt Overlay Page 5 of 269 Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev 10/20/07 Section 00020 Page 2 BID 7222 - Asphalt Overlay Page 6 of 269 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Rev1020/07 Section 00100 Page 5 BID 7222 - Asphalt Overlay Page 12 of 269 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of. Bids. 14.2. Bids may also be modified or withdrawn in.person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in Rev 10/20/07 Section 00100 Page 6 BID 7222 - Asphalt Overlay Page 13 of 269 the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose -evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all. schedules. Only one contract will be awarded. 17.6.- If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. Rev 10/20/07 Section 00100 Page 7 BID 7222 - Asphalt Overlay Page 14 of 269 OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids -send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION Rev 10/20/07 Section 00100 Page 8 BID 7222 - Asphalt Overlay Page 15 of 269 SECTION 00100 INSTRUCTIONS TO BIDDERS BID 7222 - Asphalt Overlay Page 7 of 269 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform submit at the time of the Bid opening, qualifications including financial data, experience, previous commitments and evidence business in the jurisdiction where the Project contain evidence of Bidder's qualification to where the Project is located or covenant to prior to award of the contract. The Statement prepared on the form provided in Section 00420. -he Work, each Bidder must a written statement of a summary of previous of authority to conduct is located. Each Bid must do business in the state obtain such qualification of Qualifications shall be 3.2. In accordance with Section 8-160 of the Code of the City of Fort Rev 10/20107 Section 00100 Page 1 BID 7222 - Asphalt Overlay Page 8 of 269 EXHIBIT 1 - REVISED BID SCHEDULE AS OF 4/1/2011 8. BID SCHEDULE Item No. Item Description Unit Contract Quantity Unit Cost Cost 403.03 HMA - Grading SX (20% RAP) TON 100 53.10 5,310.00 403.04 HMA - Grading S, 64-28 Modified Binder (20% RAP) TON 23,000 54.60 1,255,800.00 403.05 HMA - Grading S, 64-22 Binder (20% RAP) TON 15,000 49.30 739 500.00 403.06 1 HMA - Grading SG (20% RAP) TON 300 45.30 13 590.00 403.07 HMA - Hand Patching - Remove & Replace TON 4,350 84.65 368 227.50 403.08 HMA - Hand Patching 210" Remove & Replace - TON 425 84.65 35, 976.25 403.09 HMA - Paver Patching - Remove & Replace TON 100 73.85 7,385.00 420.01 Geotextile Paving Fabric SY 150,000 1.25 187 500.00 630.00 Construction Zone Traffic Control LS 1 161 818:45 161 818.45 Total Base Bid Cost $ 3,254,586.75 Three Million, Two Hundred Fifty Four Thousand Five Hundred EigntY Six Itunared Dollars and Seventy Five Cents BID ALTERNATE 1 (Horsetooth Rd. - College Ave. to Timberline Rd.) Item No. Item Description - Unit Contract uantity Unit Cost Cost 202.20 Grinding (planing) Surface Preparation 3" to 5" SY 74,000 630.00 Construction Zone Traffic Control LS 1 9,078.00 9,078.00 TOTAL COST - 205 179. 00 Note: The quantities listed above are estimates only. The City of Fot I Collins reserver the right to mods the quantities for anv or all items listed. IN ADDITION TO THE BID SCHEDULE PRICES FOR EACH MIX DESIGN LISTED ABOVE, VIsNDORS 11UST SUBINIIT THE FOLLOWING COSTS FOR APRIL 2011: Asphalt Cement (PG 58-28) Asphalt Cement (PG 64-22) Asphalt Cement (PG 64-28) $ 470.00 /ton $ 460.00 /ton $ 580.00 /ton PRICE ADJUSTMENT FACTOR (See Specification Section 109): GR SX (PG 58-28) 20% RAP GR SX (PG 64-22) 20% RAP GR S (PG 58-28) 20% RAP GR S (PG 64-22) 20% RAP GR S (PG 64-28) 20% RAP GR SG (PG 58-28) 20% RAP GR SG (PG 64-22) 20% RAP $ 0.51 /ton $ 0.51 /ton $ 0.49 /ton - - $ 0.49 /ton $ n 49 /ton $ 0.41 /ton S 0.41 /ton Addendum 2 7222 Asphalt Overlay Page 3 of 3 Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and' services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Rev10/20107 Section 00100 Page 2 BID 7222 - Asphalt Overlay Page 9 of 269 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should. be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security. of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award, may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of'days within which, substantially complete and also (the Contract Times) are set fort 8.0 LIQUIDATED DAMAGES. Rev 10/20/07 BID 7222 - Asphalt Overlay h or the date by which the Work is to be completed and ready for Final Payment in the Agreement. Section 00100 Page 3 Page 10 of 269 Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. Rev 10/20/07 Section 00100 Page 4 BID 7222 - Asphalt Overlay Page 11 of 269' the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Lafarge West Inc CONTRACTOR BY: Kenneth R. Ball April 05. 2011 nature Date General Manager Title 00239 License Number (If Applicable) (Seal - if Bid is by corporation) Attes Fort Collins. Co. 80521 Telephone 970 407-3600 Email ken.ball@lafarge-na.com Rev10/20/07 Section 00300 Page 4 BID 7222 - Asphalt Overlay Page 20 of 269 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 Rev 10/20/07 Section 00410 Page 1 BID 7222 - Asphalt Overlay Page 21 of 269 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder 2. Permanent main 3. When organized 4. If a corporati 5. .How many years under your pre Lafarge West Inc 1800 N. Taft Hill Rd. office address: Fort Collins Co. 90521 December 2001 Dn, where incorporated: Delaware have you been engaged in the contracting business ;ent firm or trade name? 9 Years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) American Civil Contractors CDOT work in Vail $2.6 Million Aug. 2011 Garney Companies / Castlerock $750,000 Aug, 2011 City of Greeley 2011 O/L $2.5 Million Sept, 2011 U.S. 85 Resurfacing Greeley $ 2. 0 Million Sept, 2011 7. General character of Work performed by your company: Asphalt Paving Aggregates Ready Mix 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? N/A 9. Have your ever defaulted on a contract? If so, where and why? N/A 10. Are you debarred by any government agency? No If yes list agency name. N/A Rev 10/20/07 Section 00420 Page 1 BID 7222 - Asphalt Overlay Page 24 of 269 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. College/Harmony Intersection $2.3 Million Oct 2010 Major Street Improv City of Fort Collins 2010 0/L $1.4 Million Sept 2010 Street Repairs Prospect Ave Bypass Estes Park $ 1 Million Aug 2010 Street Improvements 12. List your major equipment available for this contract. Please see list of eauioment 13. Experience in construction Work similar in importance to this project: East Rnrmnny Rnnd Bridge Harmony / Shields Intersection CR 17 Resurfacing 14. Background and experience of the principal members of your organization, including officers: Steven B. Peterson Vice President 20+ Years Kenneth R. Ball General Managerm 10+ Years Bob Taws Operations Manager 30+ Years 15. Credit available: $ 16. Bank reference: Wells Fargo Bank 1800 289-3557 17. will you, upon request, fill .out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General CONTRACTOR? Yes If yes, in what city, county and state? FT. Collins, Larimer, Coloradthat class, license and numbers? General Contracotr's License 11 00239 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? Please see schedule of subs and to whom? 20. Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL N/A Rev 10/20/07 Section 00420 Page 2 BID 7222 - Asphalt Overlay Page 25 of 269 LAFARGE WEST, INC. EQUIPMENT LIST ASPHALT PLANTS -4. LOADERS 4 Oil Distributors • 1 5 Michigan Loader .. 18 Feld Conveyors 1 76AMichigan LoadeF'• ' 2 Draglines TRAILERS W/RAMPS SPRAYERS 1 AC Loader 11 Light plants & Generators TERRAIN HYDRA CRANE 14 Conveyors, portable 1 125 Michigan Loader 17 Silos 1 175B Michigan Loader 3 Baghouses 2 968 CAT Loader 1 275E Michigan Loaders TRUCKS & AUTOMOBILES TRUCKS - 22 Passenger Cars 3 920 CAT Loaders 10 Single Axle Mechanic's TRUCKS 7 910 CAT Loaders 2 Single Axle FlatBeds TRUCKS 1 Tandem Flatbed 2 936 CAT Loaders 7 Single Azle Water 1 950 CAT Loader TRACTORS 4 Single Axle Water 3 Scoopmobiles 1 '224 CAT Loader. 2 Tilt Trailers 40 Pickup Trucks COMPACTORS 7 Tandem Patch Trucks 2 Vibro Plate Compactors 6 Tandem Water Trucks CAT 815 22 Tandem Dump Trucks 30 Over -the -Road WEIGHING EQUIPMENT 1 Scales 2 Gravel Tailers 4 Ramsey Belt Scales 1 Gravel Tractors 10 Tool Trailers SCRAPERS 7 Oil Trailers 5 613 CAT Scraper 1 4000 Gallon Water ROAD WIDENERS 1 Pipe Trailer 1 Blaw Knot Road Widener 8 Lab & Office Trailers 5 Loboy & Hiboy Trailers RAILROAD CARS 1 Rock Trailers 35 Gondola Type Cars 3 Single Axle Fuel Trucks 7 1-Ton w/Dist.Tanks TRACTOR- CRAWLERS 2 Farm Tractors 1 634 CAT Dozer