HomeMy WebLinkAboutBID - 10024 Poudre River Trail - Rigden Reservoir to CSU Environmental Learning Center (ELC)
BID INFORMATION
AND
CONTRACT DOCUMENTS
FOR
Poudre River Trail – Rigden Reservoir to CSU
Environmental Learning Center (ELC)
BID NO. 10024
August 1, 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
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
00525 Scope of Work
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
EXHIBIT A – PROJECT PLAN SET
EXHIBIT B – PROJECT SPECIFCATIONS
EXHIBIT C – PROJECT LIMITS MAP
EXHIBIT D – GEOTECHNICAL REPORT
EXHIBIT E – OMNITRAX RIGHT-OF-ENTRY APPLICATION
SECTION 00020
INVITATION TO BID
BID DUE: 3:00 PM MT (MT our clock), August 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/ Information below to join the Microsoft Teams Meeting:
Join the meeting now (click this link to join)
Meeting ID: 210 746 173 955
Passcode: y97ZA9
Dial in by phone
+1 970-628-0892
Phone conference ID: 806 530 193#
The Contract Documents provide for the construction of Bid 10024 Poudre River Trail – Rigden
Reservoir to CSU’s Environmental Learning Center (ELC). The Work includes the following:
• Construction of a new approximately 1 mile, 5” thick,10' wide colored concrete trail
• An attached 4’ crusher fines trail
• Installation of a new pedestrian bridge
• Trail crossing over Great Western Railroad/OmniTrax (GWRR) – Bid Alternate
• Roadway grading and asphalt paving across GWRR tracks along the ELC access road
• Railroad track concrete panel installation for track crossing of trail and roadway
• Renovation of the existing parking lot at CSU’s ELC
• Restoration of areas disturbed during construction
• CONTRACTOR to include in their pricing all required traffic control that is needed
outside of the railroad right-of-way
A pre-bid conference and job walk with representatives of prospective Bidders will be
held at 3:00 PM MST on August 6, 2024, at 2982 Environmental Dr., Fort Collins, CO
80526.
Weather permitting, a job walk will take place immediately after the pre-bid conference.
Prospective Bidders are invited to present their questions relative to this Bid proposal at this
meeting.
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, no later than 3:00 PM MT on August 16, 2024. Please format your e-mail
to include: Bid 10024 Poudre River Trail – Rigden Reservoir to CSU ELC 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 forty-five (45) days after the date fixed for opening
Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities and
irregularities therein.
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 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to
Bid. No partial sets will be issued. The Bidding Documents may be examined at the
locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300 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 forty-five 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 Alternate 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 forty-five (45) 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 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 forty-five (45) 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 August 1, 2024
Pre-Bid Meeting August 6, 2024 @ 3:00 PM MST
Deadline for questions August 16, 2024 @ 3:00 PM MST
Addendum issued August 19, 2024
Bid Due August 23, 2024 @ 3:00 PM MST
Tentative start date September 9, 2024
Substantial Completion November 18, 2024
Fina Completion November 22, 2024
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 10024 Poudre River Trail – Rigden Reservoir to CSU Environmental Learning
Center
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
Acknowledgement of Bid Addenda (Item 7 above)
Statement of Bidder's Qualifications (Section 00420)
Schedule of Subcontractors (Section 00430)
10. BID SCHEDULE (Base Bid)
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
Alternate whichever is in the best interest of the City. Please complete your Bid
schedule using 10024 Bid Schedule.xlsx or 10024 Bid Schedule.pdf.
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
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, 10024 Poudre River Trail
– Rigden Reservoir to CSU ELC.
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. Who does the firm intend to use as the Project Manager and Superintendent for this
project, please provide resumes for each?
17. 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, preferably with work
related to the railroad. It is the City’s preference that the reference projects use the same
Project Manager and/or Superintendent as the CONTRACTOR is proposing for this
project. References must be from at least three (3) non-City 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:
18. 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 SUBCONTRACTOR
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [Date]
TO: [Contractor]
PROJECT: 10024 Poudre River Trail – Rigden Reservoir to CSU ELC
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 10024 Poudre River Trail – Rigden Reservoir to CSU ELC.
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 10024 Poudre River
Trail – Rigden Reservoir to CSU ELC.
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 Horrocks Engineers. However, all references in
the CONTRACT Documents to the ENGINEER shall be the City’s Project
Manager, Greg Oakes, 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. The Project Manager is subject to change by the OWNER by written
notice via email to the CONTRACTOR.
ARTICLE 4. CONTRACT TIMES
4.1. Work within the railroad right-of-way shall be completed within (60) calendar
days of the start date issued under the Right of Entry License obtained by the
CONTRACTOR from OmniTrax, Inc. The CONTRACTOR shall submit the
Right of Entry License to OmniTrax no later than (7) calendar days from
CONTRACTOR receipt of the Notice to Proceed.
4.2 The Work shall be Substantially Completed by the CONTRACTOR, as
evidenced by the issuance of the Certificate of Substantial Completion by
November 18, 2024.
4.3 The Work must be completed by the CONTRACTOR and ready for Final
Payment and Acceptance in accordance with Article 14 of the General
Conditions by November 22, 2024.
4.4 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 this Article 4, 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) All construction Work necessary to be complete within the railroad right-of-way
must be complete within (60) calendar days (Includes (50) calendar days for
construction and (10) calendar days for weather) of the start date authorized by
OmniTrax Inc. In the event CONTRACTOR does not complete the Work within
the (60) calendar days the CONTRACTOR will be responsible for all costs and
penalties levied by the railroad associated with extension beyond the (60)
calendar days of the Right of Entry License and associated traffic control
unless authorized in writing by the City Project Manager.
2) All Work associated with the Alternate is to be completed over (1) weekend as
scheduled by the CONTRACTOR with GWRR. Work shall start at 3:00 PM
MST on a scheduled Friday and be complete by 10:00 AM MST on the Monday
following the weekend. CONTRACTOR will be responsible for all costs and
penalties levied by the railroad associated with extension beyond this timeline.
3) Substantial Completion. Five hundred dollars and zero cents ($500.00) for
each calendar day or fraction thereof after the November 18, 2024, until the
Work is Substantially Complete.
4) Final Payment and Acceptance: After Substantial Completion, five hundred
dollars and zero cents ($500.00) for each calendar day or fraction thereof after
November 22, 2024, until the Work is ready for Final Payment and Acceptance.
ARTICLE 5. CONTRACT PRICE
5.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance
with the Contract Documents as follows: ($ ), 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
CONTRACTOR makes the following representations and acknowledgement of
obligations upon which the OWNER may rely:
7.1 CONTRACTOR has familiarized itself 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.
7.3 CONTRACTOR has studied and acknowledges the results of (or assumes
responsibility for obtaining and carefully studying) all examinations,
investigations, explorations, tests, reports, studies, subsurface conditions
and physical conditions, identified in the Contract Documents, 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
Article 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.
7.3 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 the Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data in respect of the 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.
CONTRACTOR has correlated the results of all observations, examinations,
investigations, tests, reports and data with the terms and conditions of the
Contract Documents.
CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
7.4 CONTRACTOR represents that all Work and/or materials must meet all
applicable standards currently 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 including but not
limited to the American Disabilities Act (ADA), American National Standards
Institute (ANSI), and American Water Works Association (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.
7.5 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.
7.6 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 OWNER reserves the right to withhold payment until a
completed ‘City of Fort Collins Waste Management Plan Form’ is submitted.
7.7 The CONTRACTOR shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the OWNER. 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 applicable permits, prior to the start of construction and
throughout the project duration. CONTRACTOR will also be responsible for
ensuring current Code requirements are met.
7.8 The 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 OWNER may require the CONTRACTOR to immediately remove any
employee the OWNER 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 OWNER facilities and grounds are non-smoking sites. All OWNER parks,
trails and natural areas are also non-smoking.
Agents and employees of CONTRACTOR working for the OWNER shall
present a clean and neat appearance. Prior to performing any Work for the
OWNER, CONTRACTOR shall require each of their employees to wear ID
badges or uniforms identifying CONTRACTOR by name.
7.10 CONTRACTOR agrees that 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.
7.11 CONTRACTOR 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 shall adopt Utility's
minimum safety standards as the baseline requirements.
7.12 Should it be necessary to halt the work because of incorrect or unsatisfactory
operations under the terms of this 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 OWNER
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.
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
8.2.4. Section 00510 Notice of Award
8.2.5. Section 00520 Agreement
8.2.6. Section 00525 Scope of Work
8.2.7. Section 00530 Notice to Proceed
8.2.8. Section 00610 Performance Bond
8.2.9. Section 00615 Payment Bond
8.2.10. Section 00630 Certificate of Insurance
8.2.11. Section 00635 Certificate of Substantial Completion
8.2.12. Section 00640 Certificate of Final Acceptance
8.2.13. Section 00650 Lien Waiver Releases
8.2.14. Section 00660 Consent of SURETY
8.2.15. Section 00700 General Conditions
8.2.16. Section 00800 Supplementary Conditions
8.2.17. Section 00960 Application for Payment
8.3. Specifications, Reports & Drawings, July 11, 2024 and consisting of a cover
sheet and sheets numbered as follows:
EXHIBIT A – PROJECT PLAN SET
EXHIBIT B – PROJECT SPECIFCATIONS
EXHIBIT C – PROJECT LIMITS MAP
EXHIBIT D – GEOTECHNICAL REPORT
EXHIBIT E – OMNITRAX RIGHT-OF-ENTRY APPLICATION
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
Attn: Greg Oakes
PO Box 580
Fort Collins, CO 80522
goakes@fcgov.com
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 00525
SCOPE OF WORK
The Contract Documents provide for the construction of Bid 10024 Poudre River Trail – Rigden
Reservoir to CSU’s Environmental Learning Center (ELC). The Work includes the following:
• Construction of a new approximately 1 mile, 5” thick,10' wide colored concrete trail
• An attached 4’ crusher fines trail
• Installation of a new pedestrian bridge
• Trail crossing over Great Western Railroad/OmniTrax (GWRR) Bid Alternate
• Roadway grading and asphalt paving across GWRR tracks along the ELC access road
• Railroad track concrete panel installation for track crossing of trail and roadway
• Revamping the existing parking lot at CSU’s ELC
• Restoration for any areas disturbed during construction
• CONTRACTOR to include in their pricing all required traffic control that is needed outside
of the railroad right-of-way
In general, the plans and specification provided with this Bid detail all required elements for the
project. It is intended to field fit and coordinate final layout elements with the City Project
Manager and Engineering Department to ensure compliance and an acceptable product as
needed. The plans provide critical points and information that need to be maintained while
allowing for field flexibility and adjustments as needed to accommodate changing field conditions
as they come up.
All trails must comply with ADA requirements, any cross slopes identified in Exhibit A with 2%
indicates the maximum allowable cross slope. CONTRACTOR to ensure cross slopes are
between 1.5% and 2%.
The funding for the trail is derived from a combination of sources, including a Great Outdoors
Colorado (GOCO) grant and the City of Fort Collins' Conservation Trust Funds; no federal funds
are associated with this project.
Under a separate contract, the City is procuring an 85’ x 10’ premanufactured pedestrian bridge
for this project. The procurement process for the bridge itself is being handled independently from
this Bid for the trail construction contract. Once the bridge is delivered to the project site, the
selected CONTRACTOR will be responsible for off-loading and installing it. During installation, the
CONTRACTOR will adhere to the specifications and requirements provided by True North Steel,
the premanufactured bridge manufacturer. CONTRACTOR will be fully responsible for off-loading
and installing the structure once delivered to the project site. We are anticipating that the bridge
will be delivered to the jobsite no later than November 7, 2024.
A consultant contracted by the OWNER will be conducting archaeological monitoring during
ground disturbing construction activities. Scheduling and payment of the archaeological
monitoring will be coordinated by the City Project Manager. Monitoring will likely occur during
clearing and grubbing and grading. Currently there are no known artifacts in this area and these
surveys are not anticipated to have any effect on the construction schedule.
Work covered in Bid Alternate shall include all items associated with coordinating and performing
the work required to install the new railroad crossing panels for the Great Western Railroad Right
of Way (GWRR ROW). This work includes, but is not limited to, removals, excavation, drainage,
aggregate base course, asphalt paving, offline panel and track construction, and final panel and
rail placement. The plans and specs include additional details and requirements for construction.
Bid Alternate shall be awarded at the same time as the base bid. The intent is to have a railroad
qualified contractor perform the railroad crossing work, either as a subcontractor or as a prime
contractor for the entire project scope (Base Bid and Bid Alternate). See Exhibit B for qualification
requirements. Bid Alternate shall cover all work within GWRR ROW at the crossing location, and
the base bid will cover all work outside of GWRR ROW as well as work within GWRR ROW
outside of the crossing location (i.e. trail and bridge work south of the tracks, east of the crossing
location).
The City has procured the precast panels and anticipates delivery of material by October 4th,
2024. Bid Item 412 – Concrete Pavement shall include all work associated with unloading and
installing the panels. The Contractor shall coordinate in advance with GWRR and OmniTrax to
facilitate the exact dates and duration of the work to be performed. This work will require a track
shutdown which needs to be planned at least 4 weeks prior to beginning the work. Contractor
shall be responsible for obtaining the Right of Entry (ROE) permit from the railroad. Exhibit B in
the project specifications details out construction requirements and methods that shall be followed
in accordance with OmniTrax expectations. Any additional costs associated with this work shall be
the sole responsibility of the Contractor.
Contractor to coordinate, schedule and obtain all required permits with the GWRR for this work.
All work associated with the Alternate is to be completed over (1) weekend. Work shall start at
3:00 PM MST on a scheduled Friday and completed by 10:00 AM MST on the Monday following
the weekend.
ADA Compliance. In performing the Services required hereunder, the CONTRACTOR agrees to
meet all the requirements of the Americans with Disabilities Act latest version, and all applicable
rules and regulations (the 'ADA'), which are imposed directly on the CONTRACTOR or which
would be imposed on the City as a public entity. The CONTRACTOR agrees to be responsible for
knowing all applicable requirements of the ADA and to defend, indemnify and hold harmless the
City, its officials, agents and employees from and against any and all claims, actions, suits or
proceedings of any kind brought against said parties as a result of any acts or omissions of the
CONTRACTOR or its agents in violation of ADA.
Great Western Railroad/OmniTrax. The selected CONTRACTOR will be responsible for filing a
Right of Entry License Application with OmniTrax (Exhibit E). The CONTRACTOR will be required
to enter into an agreement with OmniTrax Inc. and will be required to work directly with OmniTrax
Inc. to execute the required agreement. The application fee will be paid through the Railroad
Force Account included in the Bid schedule. It is recommended that the CONTRACTOR has prior
experience working within the railroad right-of-way and installation of precast railroad concrete
supply/ installation or have a subcontractor on the team who has this experience. Please provide
certifications and experience your firm has with working on these type of projects and include with
your references in Section 00420.
The CONTRACTOR shall be responsible for coordinating all traffic control/ flagging needs
associated with the Work around Great Western Railroad/ OmniTrax Inc. All costs for licensing
and railroad traffic control/ flagging shall be paid for by the City through the Railroad Force
Account for the first (60) calendar days from the start date issued by OmniTrax, Inc., the
CONTRACTOR will be responsible for costs associated with extension of the Right of Entry
License and associated traffic control unless authorized by the City Project Manager. The
CONTRACTOR will be required to utilize Great Western Railroad flaggers or another company
approved by Great Western Railroad for all Work within 50’ of the tracks.
Staging area for construction is to be in the area depicted in Exhibit C.
See below for clarification items regarding this bid that must be included in the scope of
this work:
• Expansion joints are required every 100’ and saw cut joints every 10’.
• AutoCAD files will be made available to the selected CONTRACTOR at time of contract
execution.
• OWNER will contract with a Service Provider for concrete/subgrade testing. Overall
scheduling of testing will be coordinated by the City Project Manager between
CONTRACTOR and Service Provider. CONTRACTOR will be required to give a minimum
of 24-hour notice to Service Provider for necessary testing.
• This project is tax exempt.
• All CONTRACTOR employees working within the limits of the Great Western Railroad
shall be required to obtain all safety certifications as required by local, state and federal
laws, as well as any Great Western Railroad specific requirements. In general, any
employee working on the project will need to take the required safety trainings/classes.
These are offered online.
• Traffic control is to be conducted by a Professional Traffic Control Company. Required
traffic control measures can be found here https://www.fcgov.com/traffic/watc.
Additionally, flaggers required by the railroad will need to be coordinated by the
CONTRACTOR and/or Traffic Control Company. It is anticipated that Great Western
Railroad will be requiring railroad flaggers for all Work within 50’ of the rail road. The
CONTRACTOR shall be responsible for coordinating all schedules and flagger needs.
• Any tree removal/pruning must be coordinated by the CONTRACTOR with the City Project
Manager and with the City of Fort Collins Forestry Department.
• The City will provide Professional Surveying to a reasonable professional standard of the
following items:
o CSU ELC parking lot construction staking.
o Concrete trail staking.
o Bridge abutment staking.
Lost or damaged stakes will be re-staked at a cost to the CONTRACTOR of $25.00 per
stake plus an additional fee of $200.00 if an unplanned visit is necessary to complete the
re-stake. This fee will apply unless re-staking has been authorized by the City Project
Manager.
SECTION 00530
NOTICE TO PROCEED
Original Bid Number & Name: 10024 Poudre River Trail – Rigden Reservoir to CSU ELC
Description of Work:
To: [CONTRACTOR]
This notice is to advise you:
That the Contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby
authorized and directed to proceed with the Work to begin on .
The dates for Substantial Completion and Final Acceptance shall be , 20 and
, 20 , respectively.
Dated this day of , 20 .
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR: [CONTRACTOR]
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of SURETY
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter
referred to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as
the "OWNER", in the penal sum of ($ ) 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, 10024 Poudre River Trail – Rigden Reservoir to CSU ELC.
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, 10024 Poudre River Trail – Rigden Reservoir to CSU ELC.
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
CONTRACTOR'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. 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.
E. 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.
F. 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: 10024
Poudre River Trail – Rigden Reservoir to
CSU ELC
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Poudre River Trail
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)
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: 10024 Poudre River Trail –
Rigden Reservoir to CSU ELC
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, 10024 Poudre River Trail – Rigden Reservoir to CSU ELC.
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: 10024 Poudre River Trail – Rigden Reservoir to CSU ELC
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)
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: [CONTRACTOR]
PROJECT: 10024 Poudre River Trail – Rigden Reservoir to CSU ELC
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)
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:
Exhibit D – Geotechnical Report Dated April 18, 2024
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
5.4.7.2 N/A
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-13.12 Correction Period:
13.12.1 If within two years after the date of Substantial Completion or such
longer period of time as may be prescribed by Laws or Regulations or
by the terms of any applicable special guarantee required by the
Contract Documents or by any specific provision of the Contract
Documents, and Work is found to be defective, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER’s
written instructions . . .
SECTION 00900
CHANGE ORDERS AND PAYMENT
00950 Contract Change Order
00955 Work Change Directive
00960 Application for Payment
SECTION 00950
CHANGE ORDER
NO.
PROJECT TITLE: 10024 Poudre River Trail – Rigden Reservoir to CSU ELC
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:
Greg Oakes, Project Manager
REVIEWED: Date:
Adam Hill, 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: 10024 Poudre River Trail – Rigden Reservoir to CSU ELC
CONTRACTOR: Name
PROJECT MANAGER: Greg Oakes
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:
PROJECT MANAGER AUTHORIZED REPRESENTATIVE
DATE
AUTHORIZED:
OWNER AUTHORIZED REPRESENTATIVE
DATE
Section 00960
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 for Payment were issued and payments
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 ent
subject to any set-offs set forth on the attached exhibit.
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 3 OF 5
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