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HomeMy WebLinkAbout20040959.tiff AGREEMENT Hot Bituminous Material/Asphalt Supply for 2004 THIS AGREEMENT,made this 27th day of February ,2004 ,by and between Weld County,Colorado,hereinafter called"Owner"and Lafarge West, Inc. doing business as(an individual, ) or (a partnership,) or (a corporation)hereinafter called"Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following:Hot Bituminous Material/Asphalt Supply for 2004 described in the Invitation for Bids,Bid No. 2. The Contractor will furnish all of the material,supplies,tools,equipment,labor and other services necessary for the completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten(10)calendar days after the date of the Notice to Proceed and will commence to supply Hot Bituminous Material/Asphalt Supply for 2004 as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term"Contract Documents"means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Bid Bond (E) Statement of Qualifications and Subcontractors (F) Required Project Forms (G) Agreement (H) Labor and Materials Payment Bond (1) Performance Bond (I) Notice of Award (K) Notice to Proceed (L) Change Order (M) Certificate of Substantial Completion (N) Lien Waiver (O) Notice of Acceptance (P) Specifications prepared or issued by the Weld County Public Works Department. (Q) Colorado Department of Transportation"Standard Specifications for Road and Bridge Construction" (R) Colorado Department of Transportation Standard Plans"M&S Standards" (S) Addenda: No. 1 , dated 1/15 20 04 No. dated ,20 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents,or otherwise agreed upon in writing. Page 18 2004-0959 <l(. : t' 3, P / 7. This Agreement shall be binding upon all parties hereto and their respective heirs,executors,administrators, successors, and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed,which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor,in writing,that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials, this Agreement in three(3)copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: THE BOA RD OF WELD COUNTY COMMISSIONERS CONTRACTOR Lafarge West, Inc. BY t BY .,•Ir,CYAW2 1/iG� NAME RobertD.Masden NAME Steven B. Peterson (Please Type) TITLE Chair TITLE VP/GM Date MAR 0 8 2004 ADDRESS 1800 North Taft Hill Road Fort Collins, CO 80521 (SEAL) (SEAL) ATTEST: asa ATTEST: ' .� / Weld Coun Cler � tli- ::a , '��G'_ C yG,.�6 ��� BY . ,� 7 o . -- � �, BY Tamara J. WA er Deputy Clerk to the :paid ;�i•f cc% (Please Type) AA VV TITLE Contract Job Administrator Page 19 NOTICE OF AWARD Hot Bituminous Material/Asphalt Supply for 2004 To: Lafarge West Inc. 925 North 35th Avenue Greeley,CO 80631 Project Description: Hot Bituminous Material/Asphalt Supply for 2004 The contract, Hot Bituminous Material / Asphalt Supply for 2004, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$ 1,975,000 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond,Payment Bond and Certificates of Insurance within ten(10)calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten(10)days from the date of this Notice,said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 19 day of February , 2004 Weld County,Colorado,Owner By / i C2. A Dean Dreher,Engineering Tech. III ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this 25th day of February ,20 04 By: ,..410/ 6 Title: VP/GM Page 17 t a ` .> MEMORANDUM! n F;; 2_ TO: Clerk to the Board DATE: March 1, 2004 Co COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Chair's Signature Requested Enclosed are two original Agreements for the 2004 Hot Bituminous Material/Asphalt Supply, Please return one original Agreement as soon is it is signed. Also included are: Certificate of Insurance Notice of Award, Performance Bond, and Labor • and Materials Payment Bond to accompany the Agreement. Enclosures pc: Dean Dreher M:\Francie\Chair Signature.doc 2004-0696 Hello