HomeMy WebLinkAboutBID - 7660 BLOCK 32 DECONSTRUCTION (5)SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
BLOCK 32 DECONSTRUCTION/DISMANTLE
BID NO. 7660
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
JULY 3, 2014 – 3:00 P.M. (OUR CLOCK)
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
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600 Bonds and Certificates 00600-1
00610 Performance Bond 00610-1 - 00610-2
00615 Payment Bond 00615-1 - 00615-2
00630 Certificate of Insurance 00630-1
00635 Certificate of Substantial Completion 00635-1
00640 Certificate of Final Acceptance 00640-1
00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate 00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: June 12, 2014
Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at
the office of the Purchasing Division, 3:00 P.M., our clock, on July 3, 2014, for the Block 32
Deconstruction/Distmantle; BID NO. 7660. If delivered, they are to be delivered to 215 North
Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O.
Box 580, Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly received will be
publicly opened and read aloud.
The Contract Documents provide for the construction of Bid 7660. The Work consists of the
deconstruction and dismantle of Block 32 commercial property structures and foundations along
with associated outbuildings located at Block 32 (212 LaPorte Ave, 230 LaPorte Ave and 208
Howes), Fort Collins, CO 80524, as per the attached specifications and contract documents.
Asbestos abatement for these buildings will be completed prior to deconstruction work.
All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be
held at 2:00 PM, on June 24, in the Training Room of the Operation Services Building
located at 300 Laporte Ave, Building B, Fort Collins.
Prospective Bidders are invited to present their questions relative to this Bid proposal at this
meeting. Questions will be accepted after the prebid until end of business on Friday, June 27,
2014. These questions must be submitted in writing via email to John Stephen at
jstephen@fcgov.com.
The Contract Documents and Construction Drawings may be examined online at:
• City of Fort Collins BuySpeed: https://www.fcgov.com/eprocurement
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of General
Conditions. Substantial Completion of the Work is required as specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening
Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities and
irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the
form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
City of Fort Collins
Gerry S. Paul
Director of Purchasing & Risk Management
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to
Bid. No partial sets will be issued. The Bidding Documents may be examined at the
locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430
fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the
time of the Bid opening, a written statement of qualifications including financial data,
a summary of previous experience, previous commitments and evidence of
authority to conduct business in the jurisdiction where the Project is located. Each
Bid must contain evidence of Bidder's qualification to do business in the state where
the Project is located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form provided in
Section 00420.
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 he has handled former Work so that no
just claims are pending against such Work. No Bid will be accepted from a Bidder
who is engaged on any other Work which would impair his ability to perform or
finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the City
or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost, progress or performance of the
Work, (d) study and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface
and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without
exception the Bid is premised upon performing and furnishing the Work required by
the Contract Documents and such means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the Engineer and the OWNER. Interpretation or clarifications
considered necessary in response to such questions will be issued only by
Addenda. Questions received less than seven days prior to the date for opening of
the Bids may not be answered. Only questions answered by formal written Addenda
will be binding. Oral and other interpretations or clarifications will be without legal
effect.
5.2. All questions concerning the scope of this project should be directed to the Owner’s
Project Manager, Brian Hergott at bdhergott@fcgov.com or 970-221-6804.
Questions regarding submittal of bids should be directed to John Stephens at
jstephens@fcgov.com or 970-221-6777 in the City of Fort Collins' Purchasing
Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as
having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the
amount stated in the Invitation to Bid. The required security must be in the form of a
certified or bank cashier's check payable to OWNER or a Bid Bond on the form
enclosed herewith. The Bid Bond must be executed by a surety meeting the
requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver the
Agreement and furnish the required contract security within 15 days of the Notice of
Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder
will be forfeited. The Bid Security of other Bidders whom OWNER believes to have
reasonable chance receiving the award may be retained by OWNER until the earlier
of the seventh day after the effective date of the Agreement or the thirty-first day
after the Bid Opening, whereupon Bid Security furnished by such Bidders will be
returned. Bid Security with Bids which are not competitive will be returned within
seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be substantially
complete 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 the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in
the Specifications that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective date of the
Agreement". The procedure for submittal of any such application by CONTRACTOR and
consideration by Engineer is set forth in the General Conditions which may be
supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430 contained
within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained
by the Bidder. A separate unbound copy is enclosed for submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must
be stated in words and numerals; in case of conflict, words will take precedence.
Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the president or a
vice-president (or other appropriate officer accompanied by evidence of authority to
sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be
shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, his title must appear under his signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or company
interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations,
or otherwise will be acceptable unless each such alteration is signed or initialed by
the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so
initialed.
11.8. The address and telephone number for communications regarding the Bid shall be
shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and
shall be enclosed in an opaque sealed envelope marked with the Project title, Bid
No., and name and address of the Bidder and accompanied by the Bid Security,
Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of
Subcontractors as required in Section 00430. If the Bid is sent through the mail or
other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time and date for
receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by
addendum. Bids received after the time and date for receipt of Bids will be returned
unopened. Bidder shall assume full responsibility for timely delivery at the location
designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive
consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will
not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in
a manner that a Bid must be executed) and delivered to the place where Bids are
to be submitted at any time prior to the opening of Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized
representative provided he can prove his identity and authority at any time prior to
the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non-responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major
alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to
that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate contract
terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to
reject the Bid of any Bidder if OWNER believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
meet any other pertinent standard or criteria established by OWNER.
Discrepancies between the indicated sum of any column of figures and the correct
sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and such alternates, unit
prices and other data, as may be requested in the Bid Form or prior to the Notice of
Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations is submitted as requested by OWNER. OWNER also may consider
the operating costs, maintenance requirements, performance data and guarantees
of major items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to assist
in the evaluation of any Bid and to establish the responsibility, qualifications and
financial ability of the Bidder's proposed Subcontractors, Suppliers and other
persons and organizations to do the Work in accordance with the Contract
Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within forty-five (45) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder delivers
the executed Agreement to the OWNER, it shall be accompanied by the required
Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement with all other written
Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall
sign and deliver the required number of counterparts of the Agreement and attached
documents to OWNER with the required Bonds. Within ten (10) days thereafter,
OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is
to be accompanied by a complete set of the Drawings with appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 WASTE MANGEMENT
The Contractor shall work diligently to reuse, repurpose or recycle all the Materials
possible. The contractor shall divert a minimum of 75% of all Materials by weight from
the landfill. The contractor will be required to complete a spreadsheet showing what
materials were diverted and their weight.
23.0 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 and Risk Management Division or the City Clerk's
office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that
suppliers and producers of cement or products containing cement to certify
that the cement was not made in cement kilns that burn hazardous waste as
a fuel.
24.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be
rejected and reported to authorities as such. Your authorized signature of this Bid
assures that such Bid is genuine and is not a collusive or sham Bid.
25.0 BID RESULTS.
For information regarding results for individual Bids send a self-addressed, self-stamped
envelope and a Bid tally will be mailed to you. Bid results will be posted in the
Purchasing office seven (7) days after the Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 7660 Block 32 Deconstruction/Dismantle
Place:
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 Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard 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 the award of the contract is delivered to him at
the address given on this Bid. The name and address of the corporate surety with which
the Bidder proposes to furnish the specified performance and payment Bonds is as
follows: .
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication or
appurtenant thereto, are to be performed by the CONTRACTOR under one of the items
listed in the Bid Schedule, irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through
.
8. BID SCHEDULE (Base Bid)
Contractor to complete the de-construction of Block 32 buildings (212 LaPorte
Ave, 230 LaPorte Ave, 208 Howes) per attached specifications and contract
documents.
Building A: 212 LaPorte Ave: $
Building B: 230 LaPorte Ave: $
Building C: 208 Howes Street: $
Total Lump Sum (Base Bid): $
IN WORDS:
9. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
CONTRACTOR
BY:
Printed Date
Title
License Number (If Applicable)
(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 MEN 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, 7660 Block 32
Deconstruction/Dismantle.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the
form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish a BOND for his faithful performance of said Contract, and for payment of all
persons performing labor or furnishing materials in connection therewith, 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 he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your present
firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and the
appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have you ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type of
construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization, including
officers:
15. Credit available: $
16. Bank Reference:
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER?
18. Are you licensed as a General Contractor?
If yes, in what city, county and state?
What class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
And to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
Company:
By: Printed:
Title:
State of
County of
being duly sworn deposes and says that he
is of
(Name) (Organization)
and that the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
(Seal)
Notary Public
My commission expires: .
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
15% of the contract.
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: 7660 Block 32 Deconstruction/Dismantle
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated [Contractor's Bid Date] for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 7660 Block 32 Deconstruction/Dismantle.
The Price of your Agreement is ($ ).
Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany
this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise
made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is by [Date].
1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement
including all the Contract Documents. Each of the Contract Documents must bear your
signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
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.
Within ten (10) days after you comply with those conditions, OWNER will return to you one (1)
fully-signed counterpart of the Agreement with the Contract Documents attached.
City of Fort Collins
OWNER
By:
Gerry S. Paul
Director of Purchasing & Risk Management
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 7660 Block 32
Deconstruction/Dismantle.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Operations Service
Department, who is hereinafter called ENGINEER and who will assume all duties
and responsibilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within Eighty-Five(85) calendar
days after the date when the Contract Times commence to run as provided
in the General Conditions and completed and ready for Final Payment and
Acceptance in accordance with the General Conditions within One Hundred
(100) calendar days after the date when the Contract Times commence to
run.
3.2. 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 paragraph 3.1.
above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions.
They also recognize the delays, expenses and difficulties involved in
proving in a legal preceding the actual loss suffered by OWNER if the Work
is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as Liquidated damages for delay
(but not as penalty) CONTRACTOR shall pay OWNER the amounts set
forth hereafter.
1) Substantial Completion:
Five Hundred Dollars ($500.00) for each calendar day or fraction
thereof that expires after the Eighty-Five (85) calendar day period for
Substantial Completion of the Work until the Work is Substantially
Complete.
2) Final Acceptance:
After Substantial Completion, Two Hundred Fifty Dollars ($250.00) for
each calendar day or fraction thereof that expires after the One
Hundred (100) calendar day period for Final Payment and Acceptance
until the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Dollars ($ ), in accordance with Section 00300, attached and
incorporated herein by this reference.
ARTICLE 5. 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.
5.1. 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 on the basis
of the progress of the Work measured by the schedule of values
established in paragraph 2.6 of the General Conditions and in the case of
Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. 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 paragraph 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
paragraph 14.2 of the General Conditions) may be included in the
application Section 00520 Page 3 for payment.
5.1.2. 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 paragraph 14.7 of
the General Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of “Contract Documents” in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by 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:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
N/A
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
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 (except to the extent that the
effect of this restriction may be limited by law), 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 Document.
8.3. 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,
Agreement and obligations contained in the Contract Document.
OWNER: CITY OF FORT COLLINS CONTRACTOR: [CONTRACTOR]
By: By:
DARIN ATTEBERRY, CITY MANAGER
By:
GERRY S. PAUL PRINTED
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Title: Title:
Date: Date:
Attest: (CORPORATE SEAL)
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522 Attest:
Approved as to Form Address for giving notices:
Assistant City Attorney
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7660 Block 32 Deconstruction/Dismantle
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.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within ( ) calendar days from receipt of this notice as
required by the Agreement.
Dated this day of , 20 .
The dates for Substantial Completion and Final Acceptance shall be , 20_ and
, 20__, respectively.
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 MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), 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 (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of Dollars ($ ) 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], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 7660 Block 32 Deconstruction/Dismantle.
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 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 CONTRACTOR
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 in three (3) counterparts, each one of
which shall be deemed an original, 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.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), 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 (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of Dollars ($ ) 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], 20[Year], a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 7660 Block 32 Deconstruction/Dismantle.
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
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 CONTRACTOR
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 in three (3) counterparts,
each one of which shall be deemed an original, 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.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7660 Block 32
Deconstruction/Dismantle
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 contract 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 be substantially completed on the above date.
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.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
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
. The responsibility for heat, utilities, security, and insurance under
the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO: [Contractor]
Gentlemen:
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, 7660 Block 32 Deconstruction/Dismantle.
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents which are dated
[Contract Date].
In conformance with the Contract Documents for this project, your obligations and guarantees
will continue for the specified time from the following date:____________ _, 20__.
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: [Contractor] (CONTRACTOR)
PROJECT: 7660 Block 32 Deconstruction/Dismantle
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 attorneys
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes and
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 labor and
material bonds for the project.
Signed this day of , 20__.
CONTRACTOR: [CONTRACTOR]
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__,
by .
Witness my hand and official seal.
Notary Public
My Commission Expires:
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: [Contractor]
PROJECT: 7660 Block 32 Deconstruction/Dismantle
CONTRACT DATE: [Date]
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for .
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the
OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of , 20____ .
(Surety Company)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor’s Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor’s name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor’s place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
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-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:
N/A
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.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in Paragraph
4.3) which are at or contiguous to the site have been utilized by the Engineer in
preparation of the Contract Documents, except the following:
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 below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage
for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits (CSL).
SC-8.10 OWNER’s Project Manager
A. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a 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 set forth in the OWNER's Capital
Project Procedures Manual. 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 Resident Construction Inspector(s) (RCI) 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 RCI
assignments. The RCI 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 RCI
will not be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Documents.
The RCI'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-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero (0) days lost due to abnormal
weather conditions.
SC-13.12 Correction Period:
13.12.1 If within one year 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, an Work is found to be defective, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER’s
written instructions . . .
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: [Project Name]
CONTRACTOR: [Contractor]
PROJECT NUMBER: 7660 Block 32 Deconstruction/Dismantle
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .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 ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
SECTION 00960
APPLICATION FOR PAYMENT
CONTRACT SPECIFICATIONS
The City of Fort Collins is requesting the construction firm provide the f ollowing
services. These services include but are not limited to:
A. Construction Services
Contractor to deconstruct building structures, concrete slabs, foundations,
paving and sidewalks.
Site shall be backfilled in 12” lifts maximum, using suitable soils and compacted
to achieve 95% compaction.
Contractor to implement site stabilization after deconstruction is complete.
Owner will provide security fencing, Contractor to protect it from damage during
deconstruction.
Construction waste management: remove all construction debris from the site.
Optimize recycle and reuse of existing onsite materials, and divert minimum of
75% of materials hauled to landfill by weight.(compete City of Fort Collins waste
diversion form)
Provide full time site supervision when working.
Stormwater management of the project site per EPA, CDPHS and local
jurisdictions including Fort Collins MS4 Stormwater requirements.
Protect existing park on Block from damage during scope of work.
Protect adjacent structures from damage and ensure City has necessary access
to facilities in use and grass park area.
Procurement of all subcontractors, suppliers, equipment and materials to
complete the Work. Owner to review selection of sub-contractors to perform
work.
Project sequencing and scheduling of manpower, materials and equipment to
complete the Work by the deadline established.
Project safety enforcement to manage work per OSHA and other jurisdiction’s
requirements.
Manage quality control and coordinate all necessary testing.
Manage Project Close-out procedures
The contractor must commit key staff members to assist the project team by attending regularly
scheduled project meetings and prepare information or responses to issues in advance of
meetings. Pre-construction attendance will be required by the contractor’s project manager,
superintendent and lead foremen. In the event key technical functions are subcontracted, the
subcontractor shall assist the general contractor in fulfilling its responsibilities under the
agreement. Construction progress meeting attendance will require attendance by the project
manager and superintendent. The project manager and superintendent selected must be
approved by the Owner and committed to the project for its full duration to include pre-
construction through final completion, unless excused by the Owner in writing. If the assigned
personnel are not working out for the Owner, the Owner reserves the right to have them
replaced. The Contractor can choose the replacement, but the Owner must approve the
replacement.
Bidder Qualifications
A. Qualified bidder must have minimum of five years as a deconstruction contractor.
B. Qualified bidder will supply with bid, 3 references specific to deconstruction. Bidder must
supply other references upon request. References must be within the last 2 years and include
contact name, date when work was completed and type of work.
C. Qualified bidder shall have sufficient manpower and equipment to accomplish said work
in the required time. Please provide an equipment list.
D. The City may make such investigation as it deems necessary to determine the ability of
the bidder to perform the work and the bidder shall furnish to the City all such information and
data as is reasonably required for this purpose. The City reserves the right to disqualify any bid
if the evidence resulting from the City’s investigation shows, in the opinion of the City, that the
bidder is not properly qualified to prosecute the work described herein.