HomeMy WebLinkAboutBID - 9982 Streets Salt Barn Roof Replacement
BID INFORMATION
AND
CONTRACT DOCUMENTS
FOR
STREETS SALT BARN ROOF REPLACEMENT
BID NO. 9982
April 26, 2024
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
CONTRACT DOCUMENTS TABLE OF CONTENTS
BID INFORMATION
00020 Invitation to Bid
00050 Scope of Work
00100 General Information
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Subcontractors
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
ADDITIONAL CONTRACT DOCUMENTS
Attachment A Specifications
Attachment B Asbestos Report
SECTION 00020
INVITATION TO BID
BID DUE: 3:00 PM MT (MT our clock), May 23, 2024
As part of the City’s commitment to sustainability, sealed Bids must be submitted online through the
Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/colorado/city-of-fort-collins.
Public Bid Opening: The bid opening will be conducted by video conference per the following
information. At said place and time, and promptly thereafter, all Bids that have been duly received will
be publicly opened and read aloud. To access the public Bid opening, please follow the link to join the
Zoom meeting:
Join Zoom Meeting
Topic: BID OPENING - 9982 Streets Salt Barn Roof Replacement
Time: May 23, 2024 03:00 PM Mountain Time (US and Canada)
https://us02web.zoom.us/j/86451856098?pwd=OTdmdDYvWmZ0QWVNZ0FtSitqQ094UT09
Meeting ID: 864 5185 6098
Passcode: 756890
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Passcode: 756890
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The Contract Documents provide for the construction of Bid 9982 Streets Salt Barn Roof Replacement.
A mandatory pre-bid conference and job walk with representatives of prospective Bidders will
be held at 1:00 PM MT on May 8, 2024, at the City of Fort Collins Streets Facility, 625 9th St., Fort
Collins, CO 80524.
-The group will gather outside of the East entrance and proceed through the facility
together.
-Prospective Bidders are invited to present their questions relative to the Bid at this meeting.
-PLEASE BRING SAFETY VESTS.
-The City is NOT able to provide ladders to get on the roof. Prospective BIDDERs are to
bring their own equipment to access the roof during the job walk.
All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at
jrector@fcgov.com, no later than 3:00 PM MT on May 14, 2023. Please format your e-mail to include:
Bid 9982 Streets Salt Barn Roof Replacement in the subject line. Questions received after this deadline
may not be answered. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on RMEPS.
The Contract Documents and Construction Drawings may be examined online at:
http://www.bidnetdirect.com/colorado/city-of-fort-collins
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.
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 ninety (90) 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.
Prohibition of Unlawful Discrimination: The City, in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations,
affirmatively ensures that for all contracts entered into with the City, disadvantaged business
enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender
identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or
older, marital status, disability, sexual orientation, genetic information, or other characteristics protected
by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived
orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits
unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits
unlawful retaliation against a person who engages in protected activity. Protected activity includes an
employee complaining that he or she has been discriminated against in violation of the above policy or
participating in an employment discrimination proceeding.
The City requires its Contractors to comply with the City’s policy for equal employment opportunity and
to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-
party Contractors and their subcontractors/subconsultants at every tier.
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.
Contractor Registration: The City requires new Contractors receiving awards from the City to submit
IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed,
the W-9 form, and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing
website at www.fcgov.com /purchasing under Vendor Reference Documents. Please do not submit
these documents with your proposal, however, if you take exception to participating in Direct
Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may
waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure
by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded
contract will be considered public records subject to disclosure under CORA. By responding to
this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good
faith compliance with CORA.
Collusive or Sham Bid: Any bid deemed to be collusive or a sham bid will be rejected and reported to
authorities as such. Your authorized signature of this proposal assures that such proposal is genuine
and is not a collusive or sham proposal.
City of Fort Collins
Gerry Paul
Purchasing Director
SECTION 00050
SCOPE OF WORK
I. SCOPE OF PROPOSAL
Streets – Re-Roof Old Sand Salt Building
The scope of this project is to remove and replace the existing EPDM roof on the “Old Sand/Salt”
building at the City of Fort Collins Streets Department. The existing roof is damaged and past its
useful life, in addition the existing collector heads are leaking and the freeze/thaw cycle is causing
damage to the building brick. The goals of this project are to provide a new water-tight roof
including connection to the existing collector heads/downspouts to remedy the leaks into the
building and at the collector heads. This scope of work does not include any work to the lower
asphalt shingle roof on the north side of the building.
Flat Roof
Tear off existing EPDM roofing system down to the deck, disposal included.
Install new 60mil TPO roofing system, Color to be Tan.
Provide new crickets to direct water to scupper locations (10 each)
Sheet Metal
New watertight through wall flashing at scupper locations into collector heads.
The details for Scupper and connection to collector heads to be included in submittals.
Provide new sheet metal parapet cap at perimeter of building.
Sheet metal Gauge shall be a minimum of 24 Gauge.
General
Provide/install all Wood Nailers and backing as required for this scope of work.
Provide 20 Year manufacturer warranty, 2-year workmanship warranty.
Remove/replace all rooftop mounted equipment as needed to provide a watertight system.
All Flashings/terminations per manufacturer details.
Include Payment and Performance bonds, permits.
Roof shall be installed to meet City of Fort Collins Structural Design Criteria (See Front Range Gust
Map)
Specifications
See Attachment B
A. ENVIRONMENTAL
1. Environmental Testing: Limited sampling and testing has been conducted which identified
regulated Asbestos Containing Materials (RACM) are not present within the existing roof and
assemblies. Refer to the report prepared by Terracon, dated November 1, 2023 (Attachment B)
for materials and locations identified.
2. Limitations: All Inspection Reports provided to the Contractor reflect results of pre-renovation
building surveys for Asbestos Containing Material (ACM). No survey can completely eliminate
the uncertainty regarding the presence of ACM and other hazardous materials. The level of
diligence and investigative procedures used are intended to reduce, but not eliminate, potential
uncertainty regarding the presence of such materials. The Inspection Reports do not guarantee
that all such materials present in the subject properties have been identified and the City makes
no representation or warranty regarding the presence or absence of RACM.
The Inspection Reports are intended to identify accessible materials that were reasonably
suspect and that were most likely to contain asbestos in quantities subject to regulation, based
on existing industry and regulatory standards.
Destructive investigation activities were conducted to identify RACM in previously inaccessible
areas (underneath roofing materials, etc.), using limited demolition methods. These activities
created small openings for investigation but are limited in that full observation is not possible
due to the presence of roofing materials.
3. New ACM Identification:
a. Contractor shall provide informational (hazard communication) training for supervisory staff
and workers.
b. The Contractor is responsible for evaluating changing conditions and materials, for
implementing procedures to stop work should new suspect ACM be encountered in the
course of work and for notifying the City of Fort Collins of the need for additional inspection
by an accredited asbestos inspector. It is the Contractor’s responsibility to immediately
notify the City of Fort Collins of any suspect ACM or other hazardous material (not already
identified) that may be exposed when work is performed.
4. Regulatory Compliance:
a. Contractor shall be responsible for handling all non-friable RACM in compliance with 40
CFR Part 61 Subpart M, Appendix A, NESHAP (National Emission Standard for Hazardous
Air Pollutant-Applicability of the Asbestos NESHAP to Roof Removal Operations).
b. If rendered friable through work practices, ACM will be considered Regulated Asbestos
Containing Material (RACM) that must be handled by Contractor in compliance with the
Colorado Department of Public Health and Environment regulation (Regulation 8 Part B)
and permit requirements will apply.
5. Required documentation:
a. Contractor shall provide to the City training records or acceptable certification of training for
supervisory staff and workers prior to commencement of work.
b. Contractor shall dispose of ACM and LBP in accordance with all laws and regulations at a
facility licensed to accept such material. Contractor shall provide to the City a copy of the
license and/or certification of the facility or facilities to which it will transport and at which it
disposes of all ACM, LBP or other hazardous materials. Contractor shall not dispose of any
ACM, LBP or other hazardous materials at any facility without the prior written approval of
the City.
c. Waste Manifests, including a description of ACM and volumes transported and disposed of
must be provided to the City by the Contractor at the conclusion of work and prior to final
payment.
6. Worker Requirements:
a. Workers must have received training according to 29 CFR 1926.1101 OSHA standards for
removal of asphalt impregnated asbestos containing roofing and asbestos containing
roofing shingles.
b. A Competent Person, as defined by OSHA, must have received appropriate training and be
on site and available to workers during all times of operations.
c. Contractor is responsible for worker protection and monitoring in accordance with OSHA
requirements.
d. Contractor must submit a site safety plan and worker certifications prior to beginning work.
B. PROJECT CONTROLS:
1. Contractor to ensure a clean and safe work site at all times.
a. Cleanup: Contractors will provide daily cleanup at the project location(s). Contractor will
provide necessary protection within the building against dust and dirt. Contractor shall
provide necessary protection within the project site against damage to finished work, tools,
materials, and landscape.
b. The Contractor shall follow the City’s Contractor Safety Policy. Contractor is obligated to
provide a site-specific, written Health & Safety Plan and ensure enforcement throughout the
life of the project(s).
2. The City reserves the right to direct the Contractor to make personnel changes as necessary to
ensure the timely and efficient completion of the projects.
3. Deliveries: All deliveries, including subcontractors’ and materials deliveries, shall be coordinated
by the Contractor. In no case, will City staff receive or coordinate deliveries.
4. ACM is subject to the CDPHE requirements for proper disposal of asbestos containing waste
material (ACWM) as well as work requirements found in 29 CFR 1926.1101.
5. Licensed General Abatement Contractor (GAC) or a roofing contractor with experience in proper
work practices for OSHA 29 CFR 1926 for Class II work activities.
6. Project Permits: Contractors shall obtain any required construction inspection cards prior to
beginning any work and shall post in an obvious and convenient location at the project site. It is
the responsibility of the Contractor to schedule all required inspections, special inspections
and/or testing. Contractors are responsible to obtain necessary signatures on the permit cards
from the inspectors, including sign off. Upon completion of inspections, Contactors are required
to turn in all inspection cards (fully signed) to the Project Manager. Final payment will be
withheld until all inspection cards have been signed and turned in and the permit closed out.
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 Project
Manager, as distinct from a sub-bidder, who submits a Bid to Bidder. The term “Engineer” shall
mean OWNER. The term "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 and 00400, 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 the Work, each Bidder must submit at the time of
the Bid opening, a written statement of qualifications provided in Section 00420. As
applicable, Bidder must possess all required state and local licenses.
3.2. In accordance with Section 8-160 of the Code of the City of Fort 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 any Work previously performed by the Bidder
has no claims pending against such Work. No Bid will be accepted from a Bidder who is
engaged on any other Work which would impair their 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 itself with local conditions that may in
any manner affect cost, progress or performance of the Work, (c) familiarize itself 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.
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 OWNER. Interpretation or clarifications considered necessary in response to
such questions will be issued only by Addenda. 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 and 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. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on the Rocky Mountain E-Purchasing System webpage.
6.0 BID BOND
6.1. Each Bid must be accompanied by Bid Security in an amount no less than five (5) percent
of the Bid. The Bid Bond must be executed by a SURETY meeting the requirements of the
General Conditions for surety bonds. If a SURETY does not issue electronic Bid Bonds, a
scanned copy of the Bid Bond must be submitted electronically through Rocky Mountain E-
Purchasing System at the time of bidding, and the hard copy Bid Bond must be mailed to
the Purchasing Department at PO Box 580, Fort Collins CO 80522 and received by
OWNER prior to contract execution.
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 ninety (90) days 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.
7.0 CONTRACT TIME
The number of days within which, or the date by which the Work is to reach Substantial
Completion and also completed and ready for Final Payment (the Contract Times) are set forth
in the Agreement.
8.0 LIQUIDATED DAMAGES
Provisions for liquidated damages are set forth in Section 00520.
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 further defined in the Supplementary Conditions.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors
proposed for use in the Work. Refer to Section 00430 contained within the Contract
Documents. The Bidder may only utilize the subcontractors stated in Section 00430 except
in the event that the OWNER requires a change in accordance with Section 10.2 below.
Should the Bidder request a change to the subcontractor list, OWNER approval shall be
required. Proposed subcontractor/supplier qualifications and references may be requested
to be submitted within 3 business days after bid opening. Subcontractor/supplier
responsibility will be determined in accordance with Section 8-160 of the Code of the City
of Fort Collins.
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.
11.0 BID FORM
11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-
collins.
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. Discrepancies between the indicated sum of any
column of figures and the correct sum thereof will be resolved in favor of the correct sum.
In the event that there are unit price items in a bid schedule and the "extended amount"
indicated for a unit price of a bid item does not equal the product of the unit price and
quantity listed, the unit price shall govern, and the extended amount will be corrected
accordingly. If there is more than one bid item in a bid schedule, and the total indicated for
the schedule does not agree with the sum of prices of the individual bid items, the prices
bid on the individual items shall govern and the total for the schedule will be corrected
accordingly. The Contractor will be bound by said corrections.
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,
the title must appear under 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.
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 prior to the time and date stated in the Bid Documents or any
extension thereof made by addendum, electronically using Rocky Mountain E-Purchasing
System at the time and place indicated in the Invitation to Bid and accompanied by the
documents identified as required in Sections 00300 & 00400. Bids received after the time
and date for receipt of Bids will not be accepted. Bidder shall assume full responsibility for
timely delivery at the location designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, physically mailed or delivered 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 at any time prior to the opening of Bids on RMEPS.
14.2. 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 BID OPENING
Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid Tally of
the amounts of the Base Bids and major alternates (if any) will be made available on RMEPS
after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE
All Bids shall remain open for ninety (90) days after the day of the Bid Opening, but OWNER
may, in his sole discretion, release any Bid 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.
17.2. In evaluating Bids, OWNER will consider the qualifications and experience 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 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. The basis for award shall be as noted in Section
00300. 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 ninety (90) days after the date of the Bid opening, or a mutually agreed upon
date.
18.0 PERFORMANCE & PAYMENT BONDS
The General Conditions and the Supplementary Conditions set forth OWNER's requirements as
to Performance and Payment Bonds. When the awarded CONTRACTOR delivers the executed
Agreement to the OWNER, it shall be accompanied by the required contract bonds.
19.0 SIGNING OF AGREEMENT
When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be accompanied
by the Agreement with all other written Contract Documents attached. Within fifteen (15) days
thereafter, CONTRACTOR shall sign and deliver the AGREEMENT and attached documents to
OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver the
executed AGREEMENT to CONTRACTOR.
20.0 TAXES
OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall not
be included in the Contract Price.
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 is available for
review in the Purchasing 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 BID RESULTS
Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
24.0 SCHEDULE
The anticipated schedule for this project is as follows:
Item Dates
Bid Issue Date April 26, 2024
Pre-bid and job walk May 8, 2024 at 1:00 PM MT
Deadline for questions May 14, 2023 at 3:00 PM MT
Bid Opening May 23, 2023 @ 3:00 PM MT
25.0 CURRENT STANDARDS
All work and/or materials must meet current standards in force by recognized technical and
professional societies, trade and materials supply associations, institutes and organizations,
bureaus and testing laboratories, and national, federal, state, county, and local laws, codes
and municipal ordinances to include the American Disabilities Act (ADA). All Work shall be
performed in accordance with applicable ANSI, or AWWA standards. The Contractor further
agrees to comply fully with the Occupational Safety and Health Act (OSHA), all regulations
issued there under, and all state laws and regulations enacted and adopted pursuant
thereto.
1. Dust Control. The Contractor shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at https://www. fcgov.com/
airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this
reference. The City has implemented this manual for all projects performed for the City
or located within the City of Fort Collins City limits.
2. The Contractor is responsible for recording and submitting all applicable information on
the ‘City of Fort Collins Waste Management Plan Form’. The Plan form is available at
https://www.fcgov.com/recycling/files/construction-waste- management- plan.pdf. The
City reserves the right to withhold Final Payment until a completed ‘City of Fort Collins
Waste Management Plan Form’ is submitted.
26.0 FEES, LICENSES, PERMITS
The successful Contractor(s) shall be responsible for obtaining any necessary licenses, fees
or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
The CONTRACTOR and all subcontractors will be required to have a City of Fort Collins
Building permit, prior to the start of construction and throughout the project duration.
Contractor will also be responsible for ensuring current Code requirements are met. The
Building permit will be a pass through cost.
27.0 INVOICING AND PAYMENT
Invoices (Application for Payment) should be emailed monthly to invoices@fcgov.com with
a copy to the Project Manager. The cost of the work completed shall be paid as progress
payments to the Contractor each month following the submittal of a correct Application for
Payment by the Contractor indicating the project name, Purchase Order number, task
description, hours worked, personnel/work type category, hourly rate for each
employee/work type category, date of the work performed specific to the task, percentage of
that work that has been completed by task, 3rd party supporting documentation with the
same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Contractor and the City will negotiate an appropriate unit price for the Work pr ior to the
Contractor initiating such Work. The City is exempt from sales and use tax. The City’s
Certificate of Exemption license number is 09804502. A copy of the license is available upon
request.
The City pays invoices on Net 30 terms from the date of the invoice.
28.0 WARRANTY
Contractor warrants all equipment, materials, labor and other work, provided under this Master
Agreement, except City-furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship for a period beginning with delivery
and ending twenty-four months (24) months from and after final acceptance under the Master
Agreement regardless whether the same were furnished or performed by Contractor or by
any of its subcontractors of any tier. Warranty for installation and workmanship Upon receipt
of written notice from City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Contractor in a manner and at a time
acceptable to City.
The Contractor is to provide details of the manufacturer’s twenty (20) year full systems
warranty. See Attachment D for details. The twenty (20) year warranty is an alternate on the
Bid Schedule.
29.0 STANDARD OF CONDUCT
The successful Contractor shall be responsible for maintaining satisfactory standards of
employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall
be responsible for taking such disciplinary action with respect to any employee, as may be
necessary.
The City may request the successful Contractor to immediately remove from this
assignment any employee the City identifies to be unfit to perform duties due to one or
more of the following reasons:
1. Neglect of duty.
2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by
words or actions or fighting.
3. Theft, vandalism, immoral conduct or any other criminal action.
4. Selling, consuming, possessing, or being under the influence of intoxicants, including
alcohol, or illegal substances while on assignment for the City.
5. Acting in an unsafe manner
All City owned or operated facilities and their grounds are non-smoking sites. All City
parks, trails and natural areas are also non-smoking.
Agents and employees of Contractor(s) working for the City shall present a clean and neat
appearance. Prior to performing any work for the City, Contractor(s) shall require each of
their employees to wear ID badges or uniforms identifying: Contractor by name, the first
name of their employee and a photograph of their employee if using an ID badge. Their
employee shall wear or attach the ID badge to the outer garments at all times.
30.0 ACCIDENT REPORTING
Any incident/accident resulting in damage to property or causing personal injury within the
limits of a work site shall be immediately reported to the appropriate police agency, other
required agencies, Project Manager and the City of Fort Collins Safety and Risk
Management Department.
The Contractor shall immediately contact the Project Manager when damage to an
underground facility is identified. If a natural or propane gas line is damaged, the
Contractor must call 911 prior to notifying the City Representative. The Contractor shall not
backfill around the underground utility line until the Project Manager has repaired the
damage and has given clearance to backfill. The City will not pay the Contractor for labor,
vehicles, material, or equipment or any other cost associated with the repair to any at-fault
damage. Failure to comply may result in a verbal warning, suspension of the crew, loss of
work, and/or termination of the Master Agreement.
31.0 SAFETY
Contractor(s) shall comply with all engineering, safety, and operating requirements
concerning installation of equipment in, on or around utility facilities; obtaining access
facilities; and adhering to operating rules and requirements involving safe contact with
utility equipment and water, gas and power lines, and confined spaces. Contractor(s) shall
adopt Utility's minimum safety standards as the baseline requirements.
Contractor(s) safety record will be evaluated by the evaluation team as an element of
determining whether the Contractor(s) is responsible. Contractor(s) whose safety record is
above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident
Rate (TRIR) will be reviewed in depth and may be deemed ineligible to be considered for
an award at the City’s sole discretion.
Contractor(s) shall complete the attached Contractor Safety Form, Section 00440.
32.0 UNSATISFACTORY OPERATIONS
Should it be necessary to halt the work because of incorrect or unsatisfactory operations
under the terms of the awarded contract or because of failure to follow safety standards
applicable hereto, the Contractor must take immediate steps to remedy the deficiencies.
Should repair or correction of any safety defect or deficiency not be immediately
undertaken and should the City be required to protect the site or make the repair or
correction, the cost of such work shall be deducted from payment due the Contractor.
33.0 RATES
Overhead, profit, insurance, general & administrative expenses, shall be included in the unit
prices.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 9982 Streets Salt Barn Roof Replacement Date:
1. In compliance with your Invitation to Bid dated , 20 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
Contract Documents pertaining to the Work to be done, all of which have been examined by
the undersigned.
3. Accompanying this Bid is a Bid Bond in the sum of
($ ) 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 Award is delivered to 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:
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(s) subject to
change(s) as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through .
8. COLORADO OPEN RECORDS ACT
The undersigned Bidder acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bids submitted
hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances.
All submitted bids, Bid Forms, and the awarded contract will be considered public
records subject to disclosure under CORA. By responding to this Bid, Contractor hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA.
9. The undersigned Bidder hereby acknowledges the documents listed below are required
elements of the Bid and must be submitted with the Bid. The City may reject any incomplete
Bids as non-responsive.
Bid Form (this Section 00300)
Electronic Bid Bond (Item 3 above and Section 00410) for five (5) percent of the base
Bid amount (Section 00410)
Acknowledgement of Bid Addenda (Item 7 above)
Statement of Bidder's Qualifications (Section 00420)
Schedule of Subcontractors (Section 00430)
Contractor Safety Form (Section 00440)
10. BID SCHEDULE (Base Bid)
a. BID PRICE
At the City’s option the basis of award is the low responsive and responsible Bidder based
on the total price for Base Bid or the total price for the Base Bid plus selected Alternates.
Base Bid Price $
Base Bid Price in writing $
b. EXPECTED PERMIT COST (to be paid as a pass-through amount and not included in the
total Base Bid price:
11. PRICES
The foregoing prices shall include but is not limited to all labor, materials, overhead, profit,
insurance, etc., for completion of the Work.
Bidder acknowledges that the OWNER has the right to change items prior to award or during
Construction at their 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:
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Email
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
00440 Contractor Safety Form
SECTION 00410
BID BOND
KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned
as PRINCIPAL, and , as SURETY, are hereby held and firmly bound unto
the City of Fort Collins, Colorado, as OWNER, in the sum of $
($ ) 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, 9982 Streets Salt Barn Roof
Replacement.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the PRINCIPAL shall execute the Contract attached hereto
(properly completed in accordance with said Bid) and shall furnish a BOND for their faithful
performance of said Contract, and for payment 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 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.
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and seals
this day of , 20 , 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
forth above.
PRINCIPAL SURETY
Name:
Address:
By: By:
Title: Title:
ATTEST:
By:
(SEAL) (SEAL)
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 if needed.
1. Name of Bidder::
2. When was Bidder’s firm organized:
3. If your firm is a corporation, where is the firm incorporated:
4. How many years has the firm been engaged in the contracting business under the present firm
or trade name?
5. Provide a list of the contracts on hand: (list these, showing the amount of each contract and the
appropriate anticipated dates of completion.)
6. What is the general character of Work performed by your company:
7. Have you or a firm for which you were a principal ever failed to complete any Work awarded to
you?
If so, where and why?
8. Has the firm ever defaulted on a contract?
If so, where and why?
9. Is the firm debarred by any government agency?
If yes, list agency name.
10. Provide the background and experience of the principal members of your organization, including
officers:
11. Credit available: $
12. Bank Reference:
13. Will you, upon request, provide a detailed financial statement for your Company and furnish any
other information that may be required by the OWNER?
14. Is the firm licensed as a General Contractor, if applicable, in the City of Fort Collins?
15. Are any lawsuits pending against you or your firm at this time?
If yes, provide detail
16. REFERENCES
The undersigned Bidder shall provide three (3) completed or under construction project
references of similar scope and price from the past three (3) years. It is the City’s preference that
the reference projects use the same Project Manager as the CONTRACTOR is proposing for this
project. It is preferred that references are from three separate owners and shall include a brief
project description, owner contact information (name, title, email, and phone number), and total
contract value. References may be checked by the City and bids that do not include the required
and satisfactory references may be deemed non-responsive. The City reserves the right to
request additional project references at its sole discretion.
Project 1 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone: Email:
Project 2 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone: Email:
Project 3 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone: Email:
17. 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.
By signing below, the Contractor agrees that the answers to the foregoing questions and all
statements therein contained are true and correct.
Company:
By: Printed:
Title:
State of ____________________
County of ____________________
Signed before me on _______________________, 20____
by __________________________________ (name(s) of individual(s) making statement).
____________________________________
(Notary’s official signature)
____________________________________
(Title of office)
____________________________________
(Commission Expiration)
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors and their corresponding Work items when performing over 10% of the total bid.
WORK ITEM and % of PROJECT SUBCONTRACTOR
SECTION 00440
CONTRACTOR SAFETY FORM
Please complete the following form to provide information about your Company’s safety records and
procedures. This information will be included in the evaluation of the submitted proposal. We reserve the
right to request additional documentation, at any point, that supports the accuracy of this form.
Contractor(s) safety record will be evaluated by the evaluation team as an element of determining
whether the Contractor(s) is responsible. Contractor(s) whose safety record is above 1.0 for
Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident Rate (TRIR) will be
reviewed in depth and may be deemed ineligible to be considered for award at the City’s sole
discretion.
Section 1. General Information
Company Name
Number of Employees Full Time: Part Time: Seasonal:
Insurance Carrier
Self-insured for Workers Compensation?
Y ☐ N ☐
Section 2. Health and Safety Professional Information
Does your company have a full-time dedicated Safety Officer?
Y ☐ N ☐
If yes, provide the following information for the dedicated Safety Officer:
Name:
Title:
Phone Number:
Email:
If no, provide the following information of the person responsible for safety in your company:
Name:
Title:
Phone Number:
Email:
Provide the following information for the site safety Point of Contact:
Name:
Title:
Phone Number:
Email:
Section 3. Health and Safety Program
Does your company have a written Company Safety Program?
Y ☐ N ☐
Does the written Company Safety Program cover the work activities proposed by your
company for this project?
Y ☐ N ☐
Does the written Company Safety Program include the following:
Health and Safety Training Y ☐ N ☐
Employee/Management Responsibility Y ☐ N ☐
Hazard Recognition and Control Y ☐ N ☐
Incident Reporting and Investigation Y ☐ N ☐
Describe a typical job site safety briefing (time, location, frequency, topics, documentation).
How does your company ensure health and safety program compliance throughout the
project?
Does your company perform written Job Hazard Analysis’s (JHA’s) regularly and document
them?
Y ☐ N ☐
How often does your company conduct Health and Safety audits or inspections?
Does your company have a written corrective action plan for any findings?
Y ☐ N ☐
Section 4. Training and Certifications
List required safety training ALL employees receive:
List specialized safety training employees receive as needed:
Does your company maintain records of all safety training and certifications?
Y ☐ N ☐
Section 5. Safety Equipment (Engineered Controls)
Will your company be performing any Trenching/Excavation and Confined Space Activities?
Y ☐ N ☐
If yes, list what protective shoring equipment you will have available for the job site?
If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your
procedure for these activities?
Section 6. Health and Safety Records
List the Company’s Experience Modification Rate (EMR) for the previous 3 years
Year: EMR:
Year: EMR:
Year: EMR:
For any EMR greater than 1, provide an explanation for the rating and describe the corrective
action taken by the Company. Use additional pages if needed.
Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the
previous 3 years:
Calendar Year Year: Year: Year:
Number of Fatalities
Number of OSHA recordable cases
Number of OSHA modified duty cases
Number of OSHA lost time cases
OSHA Total Recordable Incident Rate
(TRIR)
Number of recordable cases x 200,000
Number of hours worked
OSHA DART Rate (Days Away Restricted
or Transferred)
Number of DART cases x 200,000
Number of hours worked
Average number of employees on payroll
Have any OSHA citations been issued to your company in the past 3 years?
Y ☐ N ☐
If yes, list the citations and for each, provide the type of violation, an explanation for the
citation, the penalty issued, and describe the corrective action taken by the Company. Limit
your response to projects that have occurred in the Rocky Mountain region. Use additional
pages if needed.
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [Date]
TO: [Contractor]
PROJECT: 9982 Streets Salt Barn Roof Replacement
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
CONTRACTOR is hereby notified that your Bid dated [CONTRACTOR'S Bid Date] for the above
project has been considered. CONTRACTOR is the apparent successful Bidder and has been
awarded an Agreement for 9982 Streets Salt Barn Roof Replacement.
The Price of the Agreement is ($ ).
One (1) copy of all Contract Documents accompany this Notice of Award. Additional copies of the
drawings may be requested from the Project Manager.
CONTRACTOR must comply with the following conditions within fifteen (15) days of the date of this
Notice of Award, that is by [Date].
1. CONTRACTOR must deliver to the OWNER a fully executed Agreement complete
with authorized signature on the signature page.
2. CONTRACTOR must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders.
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.
City of Fort Collins
OWNER
By:
Gerry Paul
Purchasing Director
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the [Day] day of [Month] in the year of 20[Year] and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
[Contractor] (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 the construction of the 9982 Streets Salt Barn
Roof Replacement.
ARTICLE 2. CHANGE ORDERS
The City, may, at any time during the term and without invalidating the Agreement,
make changes to the particular services. Such changes shall be agreed upon in
writing by the parties by Change Order, a sample of which is attached hereto as
00950, consisting of one (1) page and incorporated herein by this reference.
ARTICLE 3. ENGINEER
The Project has been designed by Project Manager, 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 4. CONTRACT TIMES
4.1. The Work shall be Substantially Completed by the CONTRACTOR, as
evidenced by the issuance of the Certificate of Substantial Completion, within
( ) calendar days after the date of the Notice to Proceed.
4.2. The Work must be completed by the CONTRACTOR and ready for Final
Payment and Acceptance in accordance with Article 14 of the General
Conditions within thirty (30) calendar days after Substantial Completion.
4.3. 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 paragraphs 4.1 and
4.2 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 preceding 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. Five hundred dollars ($500) for each calendar
day or fraction thereof, during one (1) to thirty (30) days after the
Substantial Completion date established in Section 00530 Notice to
Proceed until the work is Substantially Complete; if incomplete after thirty
(30) days, the liquidated damages are one thousand dollars ($1,000) per
calendar day, or fraction thereof, until the work is Substantially Complete.
2) Final Payment and Acceptance: After Substantial Completion, two
hundred fifty dollars ($250) for each calendar day or fraction thereof
thirty (30) days after Substantial Completion until the Work is ready
for Final Payment and Acceptance.
ARTICLE 5. CONTRACT PRICE
5.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance
with the Contract Documents as follows: ($ ), in accordance with
Section 00300, attached and incorporated herein by this reference.
ARTICLE 6. 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.
6.1. 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 calculated on
the basis of the progress of the Work. I In the case of Unit Price Work,
progress payments will be based on the number of units completed and
pricing will be in accordance with the Bid Form, Section 00300.
6.1.1. APPLICATION FOR PAYMENT
Applications for Payment should be emailed monthly to
invoices@fcgov.com with a copy to the Project Manager. The cost of
the work completed shall be paid to the Contractor each month
following the submittal of a correct invoice completed in accordance
with the Application for Payment, Section 00960.
Payments will be made using the prices stated in the Work Order. In
the event a service is requested that is not stated in the Work Order,
the Contractor and the City will negotiate an appropriate unit price for
the service prior to the Contractor initiating such work.
The City pays invoices on Net 30 terms.
6.1.2. Prior to Substantial Completion, OWNER will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, 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 Article 14.7 of the General Conditions. If,
in the sole discretion of OWNER, on recommendation of ENGINEER,
OWNER determines that the character and progress of the Work have
been satisfactory to OWNER and ENGINEER, OWNER 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. 95% of materials and equipment not
incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
Article 14.2 of the General Conditions) may be included in the
Application for Payment 00960.
6.1.3. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, 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 Article 14.7 of
the General Conditions or as provided by law.
6.2. FINAL PAYMENT AND ACCEPTANCE. Upon Final Payment and Acceptance
of the Work in accordance with Article 14.13 of the General Conditions,
OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said Article 14.13.
ARTICLE 7. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, local conditions, and all applicable
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
7.2. 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.
7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports, studies, and subsurface or physical conditions,
identified in the Supplementary Conditions, 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.
7.4. 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
Article 4.3 of the General Conditions.
7.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
7.6. 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 8. CONTRACT DOCUMENTS
8.1. The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions and Supplementary Conditions. Contract Documents are further
defined in Article 1.10 of the General Conditions and other items as stated
below, all of which are incorporated herein by this reference.
8.2. Forms for use by CITY and/or 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:
8.2.1. Section 00300 Bid Form
8.2.2. Section 00420 Statements of Bidders Qualifications
8.2.3. Section 00430 Schedule of Subcontractors
8.2.9. Section 00510 Notice of Award
8.2.10. Section 00520 Agreement
8.2.11. Section 00525 Scope of Work
8.2.12. Section 00530 Notice to Proceed
8.2.13. Section 00610 Performance Bond
8.2.14. Section 00615 Payment Bond
8.2.15. Section 00630 Certificate of Insurance
8.2.16. Section 00635 Certificate of Substantial Completion
8.2.17. Section 00640 Certificate of Final Acceptance
8.2.18. Section 00650 Lien Waiver Releases
8.2.19. Section 00660 Consent of SURETY
8.2.20. Section 00700 General Conditions
8.2.21. Section 00800 Supplementary Conditions
8.2.22. Section 00960 Application for Payment
8.3. Specifications, Reports & Drawings
Attachment A – Specifications
Attachment B – ACM Report
ARTICLE 9. MISCELLANEOUS
9.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights, obligations or interests in or
under the Contract Documents will be binding on another party hereto without
the prior 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 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 Documents. Any such assignment without the required prior written
consent of the OWNER, shall be deemed null and void and have no effect.
9.3. 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,
promises, and obligations in this Agreement and in the Contract Documents.
9.4 To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the OWNER, it shall be subject to annual
appropriation by OWNER’S City Council as required in Article V, Section 8(b)
of the City Charter, City Code Section 8-186, and Article X, Section 20 of the
Colorado Constitution. The OWNER shall have no obligation to continue this
Agreement in any fiscal year for which no such supporting appropriation has
been made.
9.5 The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties
further agree that Larimer County District Court is the proper venue for all
disputes. If the OWNER subsequently agrees in writing that the matter may
be heard in federal court, venue will be in Denver District Court.
9.6 All notices provided under this Agreement shall be effective immediately
when emailed or three business days from the date of the notice when mailed
to the following addresses:
Contractor: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Mark McLean
PO Box 580
Fort Collins, CO 80522
mmclean@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR]
By: By:
Kelly DiMartino, City Manager
(over $1,000,000)
PRINTED
By:
Gerry Paul, Purchasing Director Title:
Date: Date:
Attest: (CORPORATE SEAL)
Attest:
Approved as to Form:
SECTION 00530
NOTICE TO PROCEED
Original Bid Number & Name: 9982 Streets Salt Barn Roof Replacement
Description of Work: 9982 Streets Salt Barn Roof Replacement
To: [CONTRACTOR]
This notice is to advise you:
That the Contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby
authorized and directed to proceed with the Work to begin on .
The dates for Substantial Completion and Final Acceptance shall be , 20 and
, 20 , respectively.
Dated this day of , 20 .
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR: [CONTRACTOR]
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of SURETY
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter
referred to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into
a certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of the City of Fort
Collins Project, 9982 Streets Salt Barn Roof Replacement.
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without any notice to the SURETY and during the life of the guaranty period, and if the Principal
shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify
and save harmless the OWNER from all cost and damages which it may suffer by reason of
failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the
OWNER may incur in making good any default then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said SURETY, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Agreement or
to the Work to be performed thereunder or the Specifications accompanying the same shall in
any way affect its obligation on this bond; and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the SURETY Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed this _____ day of _____ ____, 20__.
IN PRESENCE OF: PRINCIPAL
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other PARTNERS
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: SURETY
_____________________________ By:_____________________________________
_____________________________
(Address)
(SURETY Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
Attach to form when submitted: Power of Attorney and Certificate of Authority of
Attorney(s)-in-Fact
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter
referred to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 , a home rule municipality, a home rule
municipality, hereinafter referred to as "the OWNER", in the penal sum of ($ ) in
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into
a certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of the City of Fort
Collins Project, 9982 Streets Salt Barn Roof Replacement.
NOW, THEREFORE, if the PRINCIPAL shall make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the prosecution
of the Work provided for in such Agreement and any authorized extension or modification
thereof, including but not limited to, all amounts due for materials, lubricants, repairs on
machinery, equipment and tools, consumed, rented or used in connection with the construction
of such Work, and all insurance premiums on said Work, and for all labor, performed in such
Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said SURETY, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Agreement or
to the Work to be performed thereunder or the Specifications accompanying the same shall in
any way affect its obligation on this bond; and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the SURETY Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed this day of , 20__.
IN PRESENCE OF: PRINCIPAL
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other PARTNERS
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: SURETY
_____________________________ By:_____________________________________
_____________________________
(Address)
(SURETY Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
Attach to form when submitted: Power of Attorney and Certificate of Authority of
Attorney(s)-in-Fact
SECTION 00630
CERTIFICATE OF INSURANCE
The CONTRACTOR will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
CONTRACTOR shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Contractor, such insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the CONTRACTOR under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Service Provider 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The CONTRACTOR shall maintain during
the life of this Agreement for all of the CONTRACTOR’s employees engaged in work
performed under this agreement. Workers' Compensation & Employer’s Liability insurance
shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The CONTRACTOR shall maintain during the life of this Agreement such
General Liability as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for General Liability,
shall not be less than $1,000,000 combined single limits for bodily injury and property
damage.
C. Automobile Liability. The CONTRACTOR shall maintain during the life of this Agreement
such Automobile Liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of insurance
for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
D. Builder’s Risk. The CONTRACTOR shall maintain during the term of this Agreement
builder’s risk insurance in the amount of full insurable replacement cost. The insurance
shall:
Be written on a builder’s risk “all risk” policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke;
theft; vandalism and malicious mischief; earthquake and other earth movement; flood;
collapse; explosion; debris removal; demolition; and water damage (other than that
caused by flood).
Cover, as insured property, at least the following: (a) the Work and all materials, supplies,
machinery, apparatus, equipment, fixtures, and other property of a similar nature that are
to be incorporated into or used in the preparation, fabrication, construction, erection, or
completion of the Work, including OWNER-furnished or assigned property; (b) spare parts
inventory required within the scope of the Contract; and (c) temporary works which are not
intended to form part of the permanent constructed Work but which are intended to provide
working access to the Site, or to the Work under construction, or which are intended to
provide temporary support for the Work under construction, including scaffolding, form
work, fences, shoring, falsework, and temporary structures
E. Subcontractors. In the event any work is performed by a subcontractor, the
CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the
work performed under this Agreement by a subcontractor, which liability is not covered by
the subcontractor's insurance.
F. Primary Coverage. For any claims related to the Agreement, CONTRACTOR’s insurance
shall be primary coverage, and any insurance or self-insurance maintained by the City, its
officers, agents and employees shall be in excess of the CONTRACTOR’s insurance and
shall not contribute with it.
G. Waiver of Subrogation. CONTRACTOR will grant to the City a waiver of any right of
subrogation which any insurer of CONTRACTOR may acquire against the City by virtue
of any payment of any loss. CONTRACTOR agrees to obtain any endorsement that may
be necessary to affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement from the
insurer.
In the event any work is performed by a subcontractor, the CONTRACTOR shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER) Original Bid Number & Name: 9982 Streets
Salt Barn Roof Replacement
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: [Contractor]
CONTRACT DATE: [Date]
The Work performed under this AGREEMENT has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the Project or
specified part of the Project, as indicated above is hereby declared to have achieved Substantial
Completion on the above date.
Pursuant to the Contract Documents, CONTRACTOR has provided the following items, where
applicable:
Record Drawings (ie. final as-builts)
Operations & Maintenance Manuals
All applicable training
Commissioning
Third Party Warranties
Owner’s Extra Stock & Parts
Keys
Other:
Other:
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
OWNER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list on or before the Final Acceptance and
Completion date of , 20 .
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the Project or specified area of the Project as substantially complete and
will assume full possession of the Project or specified area of the Project at 12:01 a.m., on
, 20 .
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION
Month, day , 20 Original Bid Number & Name: 9982 Streets Salt Barn Roof
Replacement
TO: [CONTRACTOR]
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by [CONTRACTOR] for the City of
Fort Collins Project, 9982 Streets Salt Barn Roof Replacement.
Pursuant to the Contract Documents, CONTRACTOR has provided the following items:
A. All documentation called for in the Contract Documents, including without limitation
certified payrolls as required for state or federally funded projects;
B. Consent of the SURETY, if any, to final payment;
C. Satisfactory evidence that all title issues have been resolved such that title to all Work,
materials, and equipment has passed to OWNER free and clear of any Liens or other
title defects or will so pass upon final payment.
D. A list of all disputes that CONTRACTOR believes are unsettled; and
E. Complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien
rights arising out of the Work, and of Liens filed in connection with the Work.
Your continuing obligations and guarantees for the Project will be as provided in the Contract
Documents.
OWNER: City of Fort Collins
By:
Title:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: [CONTRACTOR] (CONTRACTOR)
PROJECT:
Original Bid Number & Name: 9982 Streets Salt Barn Roof Replacement
1. The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction,
design, improvement, alteration, addition or repair of the above described project, against
the OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the
buildings on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various
subcontractors or materialmen or their agents, employees and servants and further affirms
the same have been paid in full and have released in full any and all existing or possible
future mechanic's liens or rights or claims against the project or any funds in the
OWNER'S possession or control concerning the project or against the OWNER or its
officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any,
and the SURETY on the project against and from any claim hereinafter made by the
CONTRACTOR'S subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorney’s
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the OWNER, the lender, if any, and SURETY on any Payment and
Performance Bonds for the project.
Signed this date , day of month , 20 .
CONTRACTOR: [CONTRACTOR]
By:
Title:
ATTEST:
Secretary
STATE OF )
)ss.
COUNTY OF )
Subscribed and sworn to before me this
date day of month 20 , by printed name of notary .
Witness my hand and official seal.
Signed and sworn to [or affirmed] before me on _______________________, 20____
by __________________________________ (name(s) of individual(s) making statement).
____________________________________
(Notary’s official signature)
____________________________________
(Title of office)
____________________________________
(Commission Expiration)
9982 Streets Salt Barn Roof Replacement
Page 2 of 128
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: [CONTRACTOR]
PROJECT: Original Bid Number & Name: 9982 Streets Salt Barn Roof Replacement
CONTRACT DATE: [Date]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for .
(SURETY)
on bond numbers
hereby approves of the Final Payment to the CONTRACTOR and agrees that Final Payment to
the CONTRACTOR shall not relieve the SURETY of any of its obligations to the OWNER, as set
forth in the said SURETY's Bonds.
IN WITNESS WHEREOF, the SURETY has hereunto set its hand this date day of
month , 20 .
(SURETY)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
State of
County of ____________________
This record was acknowledged before me on _________________________, 20 _____
by _________________________ as (type of authority, such as officer or trustee) of
(name of party/entity on behalf of whom record was executed).
(name of officer or agent, title of officer or agent) of (name of corporation acknowledging)
a (state or place of incorporation) corporation, on behalf of the corporation.
____________________________________
(Notary’s official signature)
____________________________________
(Title of office)
____________________________________
(Commission Expiration)
9982 Streets Salt Barn Roof Replacement Page 1 of 128
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-2.8 Preliminary Matters
A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
Preconstruction Conference. Within ten days after the Contract Times for a
Work Order start to run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as appropriate will be
held to establish a working relationship among the parties as to the Work and
to discuss the schedules referred to in paragraph 2.6, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment,
and maintaining required records. Unless otherwise agreed by the parties, the
CONTRACTOR shall be responsible for documenting the meeting minutes
which shall be subject to the OWNER’S approval.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
Attachment C Asbestos Containing Materials Report, consisting of thirty-
one (31) pages and dated January 4, 2023
Contractor may rely upon the accuracy of the technical data contained in the
geotechnical documents, but not upon nontechnical data, interpretations or
opinions contained therein or upon the completeness of any information in the
report.
SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds,
as provided in paragraph 5.4.7 of the General Conditions:
5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed in paragraphs 5.4.1 through 5.4.10 of the General
Conditions are as outlined in Section 00630 of the Agreement.
The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6
inclusive and requirements of 5.4.7 through 5.4.10 shall be in accordance with
Section 00630 of the Agreement.
SC-8.0 Owner’s Responsibilities
A. 8.1 Change reference to ENGINEER to PROJECT MANAGER
B. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a project manager (the Project Manager). The
CONTRACTOR shall direct all questions concerning Contract interpretation, Change
Orders, and other requests for clarification or instruction to the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's representative during the
construction of the project. The Project Manager shall have the authority to reject
work and materials whenever such rejection may be necessary to ensure the proper
performance of the Work in accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the
project site to observe the progress and quality of the Work and to determine, in
general, if the Work is proceeding in accordance with the Contract Documents. The
Project Manager shall not be required to make comprehensive or continuous
inspections to check the progress or quality of the Work. The Project Manager shall
not be responsible for construction means, methods, techniques, sequences, or
procedures, or for safety precautions or programs in connection with the Work, or for
any failure of the CONTRACTOR to comply with laws and regulation applicable to
the performance or furnishing of the Work. Visits and observations made by the
Project Manager shall not relieve the CONTRACTOR of his obligation to conduct
comprehensive inspections of the Work, to furnish materials and perform acceptable
Work, and to provide adequate safety precautions in conformance with the Contract
Documents. The Project Manager shall at all times have access to the Work. The
CONTRACTOR shall provide facilities for such access so the Project Manager may
perform his or her functions under the Contract Documents.
8.10.3 One or more Construction Inspector(s) (CI) may be assigned to assist the Project
Manager in providing observation of the Work, to determine whether or not the Work
is proceeding according to the construction documents. CONTRACTOR will receive
written notification from the OWNER of any CI assignments. The CI shall not
supervise, direct or have control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences or procedures of
construction or the safety precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. The CI will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in accordance with the
Contract Documents. The CI's dealings in matters pertaining to the on-site work will
be to keep the Project Manager properly apprised about such matters.
8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager
shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or
decisions of the Project Manager until the same are reduced to writing.
SC-11.6.2 Change of Contract Price
A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up
prescribed by Article 5 of the Agreement shall be used in lieu of any
CONTRACTOR'S fee, overhead, profit or mark-up allowances as
prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3.
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions.
Lost days due to abnormal weather conditions will be allocated as required. Should there be a
day with abnormal weather conditions, Contractor and the City Project Manager will consult,
before start of Work, and determine whether Work should begin or not, documenting the decision
in writing. In the event the parties mutually agree to suspend Work due to weather, the Project
Schedule may be extended on a day for day basis equivalent to the period of time the Work was
suspended for weather.
SC-Confidentiality
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
SECTION 00900
CHANGE ORDERS, WORK CHANGE DIRECTIVE AND PAYMENT
00950 Contract Change Order
00955 Work Change Directive
00960 Application for Payment
SECTION 00950
CHANGE ORDER
NO.
PROJECT TITLE:
CONTRACTOR: Company Name
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Price:
4. Change in Time:
ORIGINAL PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED COST $ .00
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer II or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
SECTION 00955
WORK CHANGE DIRECTIVE
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not
processed expeditiously, might delay the Project. These changes are often initiated in the field
and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a
directive to proceed with the Work that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price
or the Contract Times a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the form, including a description of the items involved and attachments.
Based on conversations between the Engineer/Owner and Contractor, Engineer completes the
following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the
method to be used in determining the final cost of Work involved and the estimated net
effect on the Contract Price. If the change involves an increase in the Contract Price and
the estimated amount is approached before the additional or changed Work is
completed, another Work Change Directive must be issued to change the estimated
price or Contractor may stop the changed Work when the estimated time is reached. If
the Work Change Directive is not likely to change the Contract Price, the space for
estimated increase (decrease) should be marked “Not Applicable”.
Once Engineer has completed and signed the form, all copies should be sent to Owner for
authorization because Engineer alone does not have authority to authorize changes in Price or
Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and
Times may only be changed by Change Order signed by Owner and Contractor with Engineer’s
recommendation.
Article 10 of the General Conditions requires that a Change Order be initiated and processed to
cover any undisputed sum or amount of time for Work actually performed pursuant to this Work
Change Directive.
Once the Work covered by this directive is completed or final cost and times are determined,
Contractor should submit documentation for inclusion in a Change Order.
IF THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE
CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE
CONSIDERED PROMPTLY.
WORK CHANGE DIRECTIVE
NO.
PROJECT TITLE: 9982 Streets Salt Barn Roof Replacement
CONTRACTOR: Name
ENGINEER: Owner
PO NUMBER:
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER OR CONTRACTOR believe that the above change has affected Contract Price, any
Claim for a Change Order based thereon will involve one or more of the following methods as
defined in the Contract Documents.
Method of determining change in Contract Price:
Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in Contract Price: $
If the change involves an increase, the estimated amount is not to be exceeded without further
authorization.
Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for
Final Acceptance: days
REQUESTED:
Name
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
RECOMMENDED:
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
AUTHORIZED:
OWNER AUTHORIZED REPRESENTATIVE
DATE
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins
PROJECT: 9982 Streets Salt Barn
Roof Replacement APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
OR
The undersigned CONTRACTOR certifies that to the best of its knowledge, information and belief the Work
covered by this Application for Payment has been completed in accordance with the Contract Documents, that
all accounts have been paid for Work for which previous Applications fo r Payment were issued and payments
received, and this current payment requested herein is now due.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
In accordance with the Contract Documents, based on site observations and the data
comprising the above Application, the ENGINEER certifies to the OWNER that the Work
has progressed to the point indicated; that to the best of its knowledge, information and
belief, the quality of the Work is generally in accordance with the Contract Documents,
and that the CONTRACTOR is entitled to payment of the amount requested herein
subject to any set-offs set forth on the attached exhibit.
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00