02 Contract Documents.pdf

PROJECT MANUAL,

CONTRACT DOCUMENTS

AND

CONSTRUCTION SPECIFICATIONS

FOR

Little Dry Creek Park Irrigation Replacement

South Suburban Park and Recreation District 4810 East County Line Road

Littleton, Colorado 80126

Owner Representative:

Michelle Lantz

April 11, 2025

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TABLE OF CONTENTS

PROJECT: Little Dry Creek Park Irrigation Replacement

OWNER: South Suburban Park and Recreation District

OWNER REPRESENTATIVE: Michelle Lantz

DESCRIPTION

BID DOCUMENTS AND CONTRACT FORMS

Invitation to Bid

Instructions to Bidders

Bid Form

Specimen Documents Bid Bond

Agreement

Notice of Award

Labor and Material Payment Bond

Performance Bond

Notice to Proceed

Change Order

Notice of Substantial Completion (includes punchlist)

Notice of Final Payment

Letter of Acceptance

GENERAL CONDITIONS

Standard General Conditions of the Construction Contract, Prepared by EDJCDC

CONSTRUCTION SPECIFICATIONS

//list specs//

02100 Site Preparation

02810 Underground Sprinkler System

02920 Fine Grading and Soil Preparation

02930 Sodding

02931 Seeding

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Attached: Plans -

Sheet Index:

Ir-1 Cover and Legend

IR-2 Mechanical Sheet

IR-3 Installation Details

Ir-4 Pump Station

Note: It is the responsibility of the bidder to verify that the project manual is complete as listed.

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INVITATION TO BID

Little Dry Creek Irrigation Replacement

OWNER: South Suburban Park and Recreation District

Sealed bids will be received by South Suburban Park and Recreation District, 5500 Boatworks Drive, Littleton, CO 80126, until 10:00am local time May 5, 2025. Bids received after this time will not be accepted and will be returned unopened.

At said place and time, and promptly thereafter, all bids that have been duly received will be opened publicly and read aloud. All interested parties are invited to attend. The Owner reserves the right to reject any and all bids and to waive irregularities or informalities in any bid.

The work to be performed generally includes: Provide and install HDPE irrigation system, controller and booster pump per plan.

Bids shall be submitted on a lump sum basis.

Copies of the Drawings, Specifications and other Contract Documents for use in preparing Bids may be obtained from the Rocky Mountain E Purchasing System at www.bidnetdirect.com//south-suburban-park-and-recreation-district and https://gameplan.ssprd.org/bids-proposals after April 11, 2025.

Copies of the Drawings and Project Specifications are also on file and may be examined at the Owner’s address during normal working hours after April 11, 2025.

Each Bidder shall file with their Bid a cashier’s check, or a Bid Bond, in accordance with the Instructions to Bidders.

The Bidder to whom a Contract is awarded will be required to furnish a Performance, Payment and Warranty Bond guaranteeing faithful performance.

No Bids may be withdrawn within a period of sixty (60) days after the date Bids are opened.

A non-mandatory Prebid meeting will be held at 5500 Boatworks Drive, Littleton, CO 80126, on April 18, 2025 at 2:00 p.m.

OWNER

By: Michelle Lantz

Project Coordinator and Inspector

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INSTRUCTIONS TO BIDDERS

PART 1. DEFINED TERMS

1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term “Successful Bidder” means the lowest, qualified, responsible responsive Bidder to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

PART 2. COPIES OF CONTRACT DOCUMENTS

2.1 Digital copies of the Drawings and Project Specifications for use in preparing Bids may be downloaded at no cost from Rocky Mountain E Purchasing System at http://www.rockymountainbidsystem.com.

2.2 It is the responsibility of the Bidder to download complete sets of Contract Documents to be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

2.3 Digital copies of Contract Documents available on the above terms for the purpose of obtaining Bids on the Work only and do not confer a license or grant for any other use.

PART 3. QUALIFICATIONS OF BIDDERS

3.1 Each Bidder must be prepared to submit written evidence of his qualifications to perform the Work as set forth in Part 16 of this Instructions to Bidders. Bidders may be required to submit evidence that they have a practical knowledge of the particular Work bid upon, and that they have the financial resources to complete the proposed Work. In determining the Bidder’s qualifications, the following factors will be considered: work previously completed by the Bidder and whether the Bidder (a) maintains a permanent place of business, (b) has adequate plant and equipment to do the Work properly and expeditiously, (c) has the financial resources to meet all obligations incident to the Work, and (d) has appropriate technical experience. 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 in any work which would impair his ability to perform or finance this Work.

3.2 Each Bid must contain evidence of Bidder’s qualification to do business in the State of Colorado.

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PART 4. EXAMINATION OF CONTRACT DOCUMENTS; VISIT SITE

4.1 Before submitting a Bid, each Bidder must (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) attend the Pre Bid conference and site visitation described in Part 6 herein.

4.2 Reference is made to the Soil Investigation Data for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or which may otherwise affect the cost, progress or performance of the Work, and which have been relied upon by the Engineer in preparing the Drawings and Specifications.

Copies of such reports, if any, may be physically attached to or bound with the Contract Documents for the Bidder’s convenience but are not incorporated within or to be interpreted to constitute a part of the “Contract Documents”. Neither Owner nor Engineer makes any representation or warranty concerning such reports.

4.3 On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of its Bid.

4.4 The lands upon which the Work is to be performed, rights of way for access thereto, and other lands designated for use by Contractor in performing the Work, are identified in the Supplementary Conditions, Specifications, or Drawings.

4.5 Access to the site may be arranged through the Owner by contacting Michelle Lantz, Telephone: (303) 483-7021. Site access will be limited to normal working hours and to pre-arranged times.

4.6 The submission of a Bid will constitute an incontrovertible representation by the Bidder that it has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

PART 5. INTERPRETATIONS

5.1 All questions about the meaning or intent of the Contract Documents are to be submitted to Engineer in writing. Replies will be issued only by Addenda.

Questions received less than five (5) days prior to the date of opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal

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effect. Addenda will be mailed or delivered to all parties recorded by Engineer as having received the Contract Documents. No Addenda will be issued later than three (3) days prior to the date for receipt of Bids except an Addendum, if necessary, postponing the date for receipt of Bids or withdrawing the request for Bids.

5.2 All Addenda to the Contract Documents shall be properly acknowledged in the space provided on the Bid Form.

PART 6. PRE-BID Meeting

6.1 A non-mandatory Pre-Bid meeting will be conducted by Owner and Engineer at the time and place indicated in the Invitation to Bid. Representatives of Owner and Engineer will be present to answer questions. Any questions which, in the opinion of the Engineer, cannot be answered by direct reference to the Contract Documents will be answered by formal written Addenda as outlined above under Part 5.

The Pre-Bid meeting will include a tour of the site of the Work, conducted by representatives of Owner and Engineer. All interested parties are invited to attend.

PART 7. BASIS OF BIDS

7.1 The Bidder shall submit bids for all alternates, if any, listed on the Bid Form, as required by the Bid Form.

PART 8. BID SECURITY

8.1 Bid security shall be made payable to Owner, in an amount of five percent (5%) of the Bidder’s maximum Bid Price, including alternates, if any, and in the form of a Cashier’s Check or a Bid Bond on the form attached issued by a surety meeting the requirements of the General Conditions. Submission of a Bid will constitute an agreement on the part of the Contractor and its Surety, if any, with the Owner that: (i) 5% of the Bidder’s maximum Bid Price, including alternates, if any, is a reasonable estimate of the presumed actual damages the Owner would suffer as a result of Contractor’s failure to enter into the Agreement and deliver the required Performance, Payment and Warranty Bond; (ii) it is difficult to ascertain the amount of actual damages to the Owner that would result from a breach; and (iii) the amount of 5% of the Bidder’s maximum Bid Price, including alternates, if any, shall be liquidated damages.

8.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Performance, Payment and Warranty Bond, whereupon it will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Performance, Payment

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and Warranty Bond within ten (10) days of the notice of award, or in the event the Successful Bidder fails to enter into such Agreement and furnish such Performance, Payment and Warranty Bond, if the Successful Bidder fails to pay to Owner the difference between such Bid amount and such larger amount for which Owner may in good faith contract with another party to perform the Work covered by such Bid, then Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited to the extent of such difference. The Bid security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the “Effective Date of Agreement” (which term is defined in the General Conditions) or the sixty first day after the Bid opening. Bid security of other Bidders will be returned within seven (7) days of the Contract award.

PART 9. CONTRACT TIME

9.1 The number of days within which, or the date by which, the Work is to be completed (the Contract Time) is set forth in the Bid Form (or if left blank, is to be filled in by the Bidder) and will be included in the Agreement.

PART 10. LIQUIDATED DAMAGES

10.1 Provisions for liquidated damages are set forth in the Bid Form and the Agreement.

PART 11. SUBSTITUTE MATERIAL AND EQUIPMENT

11.1 The Contract, if awarded, will be executed with the Successful Bidder on the basis of material and equipment described in the Drawings or specified in the Specifications. Unless such description or specification contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review and acceptance after the “Effective Date of the Agreement” in accordance with Section 6.05 of the General Conditions and, if applicable, the Supplementary Conditions.

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PART 12. SUBCONTRACTORS

12.1 The Bid Form requires that Bidder identify certain Subcontractors and other persons and organizations to be submitted as part of the Bid. The apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after the date of the Bid opening submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. Such list shall be accompanied by a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in Colorado. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may (before giving the Notice of Award) 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, the contract shall not be awarded to such Bidder, but declining to make any such substitution will not constitute grounds for sacrificing Bid security by such Bidder. Any Subcontractor, other person or organization so 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.

12.2 No Contractor shall be required to employ any Subcontractor, other person or organization against whom the Bidder has reasonable objection.

PART 13. BID FORM

13.1 The Bid Form is included herewith.

13.2 Bid Forms must be completed in ink or be typewritten. The Bid Price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence.

13.3 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

13.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

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13.5 Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant.

13.6 The names of all persons signing Bids must also be legibly printed or typed below the signature. A Bid by a person who affixes to his signature the word “president”, “secretary”, “agent” or other designation without disclosing his principal may be held to be the Bid of the individual signing. Evidence of the authority of the person signing shall be furnished.

13.7 The full name of each person or company interested in the Bid shall be listed on the Bid Form.

13.8 The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be inserted on the Bid Form.

13.9 No alterations in Bids, or in the printed forms therefor, 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. No alteration in any Bid, or in the form on which it is submitted, shall be made after the Bid has been submitted.

13.10 The address to which communications regarding the Bid are to be directed must be shown.

PART 14. EQUIPMENT SUPPLIER LISTING

14.1 Each Bidder shall list on the form provided the name of the manufacturers or suppliers of the items of equipment and systems listed on the form which he proposes to furnish. Upon the award of a contract, the named equipment shall be furnished. Substitutions will be permitted only if named equipment does not meet the specifications or the manufacturer is unable to meet delivery requirements of the construction schedule.

14.2 Preliminary acceptance of equipment listed by manufacturer’s name shall not in any way constitute a waiver of the specifications covering such equipment; final acceptance will be based on full conformity with the specifications covering the equipment.

14.3 Failure to furnish all information requested may be cause for rejection of the Bids.

PART 15. SUBMISSION OF BIDS

15.1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be included in an opaque, sealed envelope addressed to Owner and identified

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on the outside with the Bidder’s name and address and with the words “Bid for Little Dry Creek Irrigation Replacement”.

15.2 Each Bid shall be accompanied by the Bid security and other required documents.

15.3 If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation “BID ENCLOSED” on the face thereof.

15.4 Bids shall be deposited in the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated 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.

15.5 Oral, telephone, electronic, facsimile, or telegraph Bids are invalid and will not receive consideration. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

15.6 Submission of a Bid constitutes the Bidder’s understanding and acceptance of the terms and conditions of the Contract Documents.

PART 16. POST BID/PRE-AWARD SUBMITTALS

16.1 The three low Bidders identified by Owner must submit the following information by hand delivery to Engineer within 48 hours following the Bid opening:

A. List of a minimum of five recent similar projects the Contractor has performed.

B. Copies of the most recent financial statements of the Contractor and, upon request, further information regarding all listed Subcontractors included in the Bid submittal.

C. List of Project Managers and Superintendents to be used on this project for the Contractor and all listed Subcontractors. Provide resumes and recent projects for all of the above.

D. Names and telephone numbers of a minimum of five references on similar work for the Contractor and all listed Subcontractors.

E. Names, relevant experience, and position of individual who will perform site surveying if not a licensed Surveyor.

F. License number of Bidder and all listed Subcontractors.

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16.2 The above information must be available at the time and place indicated to be considered in further evaluation, and therefore, all Bidders are recommended to compile this data prior to submitting their Bids.

PART 17. MODIFICATION AND WITHDRAWAL OF BIDS

17.1 Bids submitted early may be modified or withdrawn by notice to the party receiving Bids at the place and prior to the time designated for receipt of Bids.

Such notice shall be in writing over the signature of the Bidder or be by telegram;

if by telegram, written confirmation over the signature of the Bidder must have been mailed and postmarked on or before the date and time set for receipt of Bids;

the notice shall be so worded as not to reveal the amount of original or modified Bid Price. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority.

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.

17.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid security will be returned. Thereafter, the Bidder will be disqualified from further Bidding on the Work. No right to claim mistake shall exist for Bidder following this twenty-four (24) hour period.

PART 18. OPENING OF BIDS

18.1 Bids will be opened publicly and read aloud.

PART 19. BIDS TO REMAIN OPEN

19.1 All Bids shall remain open for sixty (60) days after the date of the Bid opening, but the Owner may, in his sole discretion, release any Bid and return the Bid security prior to that date.

PART 20. AWARD OF CONTRACT

20.1 Owner reserves the right to reject any and all Bids, to waive any and all formalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

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20.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders and whether or not the Bids comply with the prescribed requirements and alternates (if any are accepted) in the order in which they are listed on the Bid Form, but Owner may accept alternates in any order or combination.

20.3 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Bid Form. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

20.4 Owner may conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, the proposed Subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents to Owner’s satisfaction within the prescribed time.

20.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any evaluation to Owner’s satisfaction within the prescribed time.

20.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty (60) days after the date of the Bid opening.

PART 21. PERFORMANCE, PAYMENT AND WARRANTY BOND

21.1 The General Conditions and Supplementary Conditions set forth Owner’s requirements for the Performance, Payment and Warranty Bond. When the Successful Bidder delivers the copies of the executed Agreement to Owner, it shall be accompanied by the required Performance, Payment and Warranty Bond.

Bonding is required for all bids equal to or greater than Fifty Thousand Dollars ($50,000.00).

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BID FORM

To: Owner South Suburban Park and Recreation District

From: Bidder (Company): _________________________________________________

Preparer Name: _________________________________________________

Preparer Phone: _________________________________________________

Preparer Email: _________________________________________________

RE: Project: Little Dry Creek Irrigation Replacement

THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site where the Work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the Work, HEREBY PROPOSES AND AGREES, if this Bid is accepted, to enter into Agreement in the form attached, to perform all Work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Agreement and the furnishing of materials and equipment required to be incorporated in and form a permanent part of the Work, tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the Work; and Bond, insurance and submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor in accordance with the following Bid prices (Contractor must submit on Base Bid and Bid Alternates, if any, to be considered).

A. LUMP SUM BASE BID PRICE:

_________________________________________ Dollars

B. UNIT PRICES: (For additions or deletions to contract, supply and install)

Unit Price Item Bid Price (in figures) per

1. HDPE Mainline 2” LF

2. HDPE Lateral Line 1 ½” LF

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Unit Price Item Bid Price (in figures) per

3. Rain Bird 6405-PC, FC06 Turf Rotar EA

The undersigned Bidder agrees to furnish the required Bond and enter into Agreement within TEN (10) days after acceptance of this Bid, and further agrees to complete all Work covered by the Bid, in accordance with specified requirements and in accordance with the following schedule (Bidder to enter number of calendar days after date of Notice to Proceed for all of the following, unless number of days has already been entered):

1. Startup of all Major Equipment _____ Days

2. Substantial Completion (Ready for Punchlist) _____ Days

3. Punchlist Complete _____ Days

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 substantially completed within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if the Work is not substantially completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner in accordance with the following:

1. Late Startup of all Major Equipment $250.00 Per Day

2. Late Substantial Completion (Ready for Punchlist) $250.00 Per Day

3. Late Punchlist Completion $250.00 Per Day

Receipt of copies of the following addenda is hereby acknowledged.

Addendum No. Bidder’s Signature Date Acknowledged

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Enclosed herewith is the required Bid Security, in the form of Cashier’s Check/Bid Bond (strike one), in the amount of _______________________ Dollars ($__________) which the undersigned Bidder agrees is to be forfeited to and become the property of owner, as liquidated damages, should this Bid be accepted and he fails to enter into Agreement in the form prescribed and to furnish the required Bonds within ten (10) days, but otherwise the Bid security will be returned upon Bidder signing the Agreement and delivering the Performance, Payment and Warranty Bond.

In submitting this Bid, it is understood that Owner reserves the right to reject any and all Bids, and it is understood that this Bid may not be withdrawn during a period of sixty (60) days after the scheduled time for the receipt of Bids.

The undersigned Bidder hereby certifies (a) that this Bid is genuine and is not made in the interest of, or in the behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; (b) that he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; (c) that he has not solicited or induced any person, firm, or corporation to refrain from bidding; and (d) that he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner.

In connection with South Suburban Park and Recreation District’s proposed Little Dry Creek Irrigation Replacement and pursuant to Section 8-17.5-102(1), C.R.S., the undersigned prospective Contractor hereby certifies that, as of the date of this Certificate, it does not knowingly employ or contract with an illegal alien and it will participate in the E-Verify Program or the Department Program (as such term is defined in Section 8-17.5- 101, C.R.S.) in order to confirm the employment eligibility of all employees who are newly hired to perform work under the Agreement.

The full names and addresses of parties interested in this Bid as principals are as follows:

Name Address

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SIGNATURE OF BIDDER

If an Individual: [Signature]

Print or type name:

Doing business as:

Date:

If a Partnership:

By: [Signature]

General Partner

If a Corporation:

(a _______________________ Corporation)

By:

Title:

Attest:

Title: _______________

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If Bidder is a joint venture, all venturers or their authorized agents must sign below.

Name of Joint Venture:

If Joint Venture is:

If an Individual: [Signature]

Doing business as:

If a Partnership:

General Partner

If a Corporation:

(a _______________________ Corporation)

, Secretary

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MATERIAL AND EQUIPMENT SUPPLIER LISTING

The following information is submitted for each major supplier of material and each manufacturer and supplier of equipment for manufacturers and suppliers of major items of material, equipment and systems to be used in the Work if the Bidder is awarded the contract.

Specification

Section No.

Material or

Equipment Description

Manufacturer and Supplier

The Surety who will be the surety on the Performance, Payment and Warranty

Bond will be _________________________________________________________.

Signature

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SUBCONTRACTOR LISTING

The following information is submitted for each subcontractor that will be used in the Work if the Bidder is awarded the Agreement. Additional numbered pages shall be attached to this page as required. Each page shall be headed “SUBCONTRACTOR LISTING” and signed. All Work to be subcontracted over $10,000 shall be listed.

Amount of

Subcontract

Name and Address of Subcontractor

Portion of Work

Signature

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BID BOND

STATE OF COLORADO )

) ss. KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF __________)

That we, __________________________ of the City of __________, County of

________________ and State of _______________________ (hereinafter called

“Principal”), as Principal, and _________________________ (hereinafter called

“Surety”), as Surety, authorized under the laws of the State of Colorado to act as surety on bonds for principals, are held and firmly bound unto ________________________

(hereinafter called “Owner”), as Obligee, in the sum of _______________________

Dollars ($__________) in lawful money of the United States for payment of which sum the Principal and Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents.

WHEREAS, Principal has submitted a Bid Form (Proposal) to enter into a certain written agreement with Owner for Construction of __________________________, hereinafter referred to as “Agreement.”

WHEREAS, the Instructions to Bidders has required as a condition of receiving the Bid Form that the Principal submit Bid security in an amount not less than five per cent (5%) of the Bidder’s maximum Bid Price, which sum it is specifically agreed to be forfeited as liquidated damages in the event that the Principal defaults in its obligation as hereinafter specified, and, in pursuance of which requirement, this Bid Bond is made, executed and delivered.

NOW, THEREFORE, the condition of this obligation is such that if Owner shall accept the Bid Form (Proposal) of the Principal, and Principal shall faithfully enter into

Agreement with the Owner in accordance with the terms of such Bid and give such

Bonds as are specified in the Contract Documents, then this obligation shall be null and void, otherwise to remain in full force and effect.

The sum of this Bid Bond shall be forfeited to Owner in its entirety as liquidated damages and not as a penalty upon Principal’s default.

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its Bond in no way shall be impaired or affected by any extension of the time within which the Owner may accept such Bid Form (Proposal); and Surety does hereby waive notice of any such extension.

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Signed and sealed this _____ day of ______________, 20__.

PRINCIPAL:

(Address)

Secretary

SIGNATURES If the Principal is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President or Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed.

If the “Principal” is an individual or a partnership, the Bid Bond shall so indicate and be properly signed.

SURETY:

Attorney in Fact

(Address)

Surety’s Telephone No.:

THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY,

EFFECTIVELY DATED. FAILURE TO PROVIDE A PROPERLY EXECUTED BID

BOND WITH A PROPERLY EXECUTED POWER OF ATTORNEY MAY RESULT

IN THE BIDDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE.

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AGREEMENT

This Agreement is made as of this ___ day of ____________, 202, between the

South Suburban Park and Recreation District, a quasi-municipal corporation and political subdivision of the State of Colorado (“State”) located in the Counties of Arapahoe, Douglas and Jefferson (“District”) with a mailing address of 4810 E. County Line Road, Littleton, Colorado 80126, and ____________, with a mailing address of , (“Contractor”) and together with District, the “Parties” or either of the Parties, a “Party”.

In consideration of the mutual covenants, agreements, conditions and undertakings hereinafter set forth, District and Contractor agree as follows:

Section 1. Scope of Work. Contractor shall perform all work in accordance with the Contract Documents as identified in Section 18 for ___, including furnishing all construction plans and methods, construction management, labor, equipment and materials (generally referred to as the “Project”), and shall complete the Project, including any additional work authorized pursuant to Section 17, in accordance with the terms of this Agreement and the Contract Documents.

Section 2. Contract Price. District shall pay Contractor for the performance of work and completion of the Project the total price of ___Dollars ($____.00) (the

“Contract Price”), subject to certain adjustments as herein provided, in accordance with the bid proposal submitted by Contractor. The Contract Price may be adjusted (i) for changes in the Contract Documents or for extensions of time to complete performance, if approved by District and Contractor as specified in Section 17; (ii) for any additional work authorized pursuant to Section 17; and (iii) for certain changes in quantities, if bid on a unit-price basis in the bid proposal. All unit quantities requiring an adjustment of the Contract Price shall be verified by Project Manager (as defined in Section 16).

Section 3. Progress Payments. District will make progress payments monthly on account of the Contract Price in accordance with partial payment applications prepared by Contractor for work performed during the last monthly period and approved by Project Manager and District. Contractor shall submit partial payment applications for the last completed work period to Project Manager by the first (1st) day of each month.

District shall authorize progress payments for the amount approved by Project Manager and District under such partial payment applications on or before the fifteenth (15th) day of each month. Progress payments shall not constitute final acceptance of the work.

District may withhold progress payments if: (i) Contractor’s performance is inadequate or defective and not remedied in accordance with Project Manager’s directions;

(ii) Contractor does not make prompt and proper disbursements to subcontractors on receipt of progress payments from District; (iii) Contractor does not promptly pay for materials, labor or equipment furnished on the Project; (iv) claims or liens are filed on

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the Project; or (v) in Project Manager’s opinion, Contractor’s performance is not progressing satisfactorily or completion of the Project is jeopardized or delayed.

Section 4. Retainage. An amount equal to five percent (5%) of each progress payment made on the Contract Price shall be retained by District. District shall pay the remaining amount of each progress payment to Contractor without retaining additional funds if, in the opinion of Project Manager and District, satisfactory progress is being made on the Project. Such retainage of the Contract Price shall be held by District until the Project is completed and finally accepted by District in accordance with the provisions hereof. District shall pay the full amount of such retainage to Contractor within sixty (60) days of final completion and acceptance, except to the extent of any claims filed pursuant to Section 38-26-107, C.R.S. Any release of retainage to

Contractor or a subcontractor prior to final payment shall, in addition to any other requirements of the Contract Documents, require written approval from the surety furnishing bonds pursuant to Section 13.

Section 5. Final Payment.

a. Upon completion of the Project and Contractor’s submittal of notice thereof to Project Manager and District, Project Manager shall inspect the Project and reject any portion of performance not in conformity with the Contract Documents.

Defective materials, equipment or work shall be remedied immediately by Contractor before final payment. District shall make final payment to Contractor within thirty (30) days after (i) final acceptance of performance by District as specified in Section 6 and (ii) receipt of Project Manager’s confirmation to District that the Project has been completed satisfactorily. Final payment shall not, however, be due until Contractor has delivered to

District a complete release of all claims or liens against the Project and has produced satisfactory receipts, waivers or lien releases indicating final and total payment to all subcontractors and persons who have furnished materials, labor and equipment on which a lien or claim might potentially be filed in form acceptable to District. District shall, no later than ten (10) days before final payment is made, publish a notice of final payment at least twice in a legal newspaper of general circulation in any county where the work was contracted for or performed pursuant to Section 38-26-107, C.R.S.

b. By making final payment, District waives all claims against

Contractor, except those expressly declared to Contractor in writing or those arising out of: (i) defective performance appearing after final acceptance; (ii) performance in patent noncompliance with Contract Documents, unless expressly waived by District; (iii) outstanding claims of any nature, including but not limited to claims for property damage or personal injury arising during the construction period or liens or claims against the

Project; or (iv) Contractor’s failure to execute any warranty, guarantee or bond or to provide insurance or other indemnification required by the Contract Documents. By accepting final payment, Contractor waives all claims against District, except those expressly declared to District in writing received by District prior to final payment.

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Section 6. Final Acceptance.

a. Final acceptance of the Project shall follow inspection and approval of Contractor’s performance by Project Manager, along with inspection by appropriate manufacturers’ representatives and governmental officials pursuant to local, State and federal requirements as necessary. District shall have the right to determine the acceptability of Contractor’s performance and conformance with the Contract

Documents, which determination shall be conclusive and binding upon Contractor. Final acceptance by District is subject to the provisions of Section 5 and in no manner affects or releases any warranty or guarantee with Contractor or manufacturers or suppliers of

Project equipment or materials.

b. When presented for final acceptance, the Project shall be delivered to District in complete compliance with the Contract Documents free from any lien, claim or encumbrance, whether in existence or subsequently established by law, statute, ordinance or otherwise. Notwithstanding the foregoing, nothing in the Contract

Documents shall give Contractor or any subcontractor, laborer, supplier, manufacturer or other person or entity, either expressly or by implication, any right to assert a lien, claim or encumbrance against the Project.

Section 7. Commencement and Completion of Performance; Liquidated

Damages.

a. Contractor shall commence performance within ten (10) days after receipt of written notice to proceed, which is expected to be given on or before ___, 2021, and shall diligently prosecute all work through completion. Unless an extension of time is granted by District as hereinafter set forth, Contractor shall substantially complete the Project within a maximum period of ___ days after the date of written notice to proceed and shall finally complete the Project within a maximum period of___ days after the date of Substantial Completion. For purposes of this Agreement, (i) “Substantial

Completion” shall be the time at which the Project (or a specified part thereof) has progressed to the point where, in the opinion of Project Manager, the Project (or a specified part thereof) is sufficiently complete in accordance with the Contract

Documents, so that the Project (or a specified part thereof) can be utilized by District for the purposes for which it is intended; and (ii) “Final Completion” shall be the time at which District accepts the Project upon confirmation from Project Manager and

Contractor that the Project is totally complete in accordance with Contract Documents.

b. If Contractor fails to perform the Project within the above-referenced performance deadlines or any extension thereof (the “Performance Deadlines”), Contractor shall pay to District as liquidated damages (and not as a penalty) for ordinary and general damages and inconvenience (exclusive of any special damages such as, by way of example and not limitation, any liabilities to third parties) the sum of:

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1. Late startup of all major equipment: $250.00 per day

2. Late Substantial Completion: $250.00 per day

3. Late Final Completion: $250.00 per day.

These liquidated damages are based upon District’s evaluation of its likely losses in the event the Performance Deadlines are not met. The liquidated damages herein established are agreed to by Contractor after full discussion of the implication of this

Section. The failure to perform the work and complete the Project by the Performance

Deadlines will cause significant damage to District. District and Contractor agree that such actual damages caused by Contractor’s failure to meet the Performance Deadlines would reasonably likely include, without limitation, the costs for additional construction management and other District representative/employee time; the costs for third-party consultants’ time; inefficiency and inconvenience damages to District’s business operations; damages to District’s reputation with third-parties (including governmental entities with regulatory jurisdiction over District), as well as other potential actual damages to District reasonably associated with the subject matter of this Agreement.

Contractor acknowledges that the liquidated damages established herein are a reasonable pre-estimate of the detriment District will suffer in the event Contractor fails to perform the work and complete the Project by the Performance Deadlines and, after a full discussion of the implications of this section, further acknowledges that it would be impractical and extremely difficult to estimate precisely the damages that District might suffer by reason of Contractor’s failure to perform the work and complete the Project by the Performance Deadlines. The liquidated damages established herein are intended to be and are cumulative and shall be in addition to any other remedy enforceable at law under this Agreement. Liquidated damages do not include any sums of money to reimburse

District for extra costs which District may become obligated to pay on other contracts, which are delayed or extended because of Contractor’s failure to perform the work and complete the Project by the Performance Deadlines. Should District incur such other additional costs because of delays or extensions to other contracts resulting from

Contractor’s unexcused failure or delay in performance, District will assess any such extra costs against Contractor in addition to the liquidated damages provided for herein.

c. No extension of time to complete performance shall be granted under normal circumstances. Extensions of time to complete performance may be authorized by District in its sole discretion for any actual period of delay on an occurrence basis for: (i) adverse weather or climatic conditions not reasonably anticipated; (ii) major labor disputes; (iii) acts of God; (iv) detrimental acts of District;

(v) acts of another contractor in the performance of related work under a separate contract with District; (vi) delays resulting from the intervention of governmental agencies in the performance of work on the Project, if not caused by Contractor or its subcontractors; or

(vii) other extraordinary circumstances beyond Contractor’s reasonable control.

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Foreseeable weather delays and delays or failures in delivery of equipment or materials shall not constitute cause for an extension of time to complete performance or for an adjustment to the Contract Price. Any request for an extension of time to complete performance shall be submitted in writing to Project Manager for District’s approval within ten (10) days after such occurrence and shall be accompanied and supported by a schedule analysis based on the critical path method, which shows how and where the delay occurred on the then-critical path and its effect on any milestone date or the date of

Substantial Completion. The decision of District shall be conclusive and binding upon

Contractor.

Section 8. Default. District may give written notice of grounds for default to

Contractor at any time if: (i) Contractor fails to perform in an adequate or specified manner or proceeds in willful violation of the Contract Documents or terms of this

Agreement, as determined by Project Manager or District; (ii) Project Manager advises

District that performance of work on the Project is being delayed unnecessarily or that

Contractor is executing its responsibilities in bad faith or contrary to the intent of this

Agreement; (iii) performance is not fully completed within the period of time specified for completion under Section 7; (iv) work to be performed by Contractor is assigned without District’s consent; (v) Contractor is insolvent or files for bankruptcy;

(vi) Contractor makes a general assignment of assets for the benefit of creditors; (vii) a receiver is appointed for Contractor; or (viii) other serious and reasonable cause exists which jeopardizes completion of the Project. If Contractor does not remedy or otherwise correct the grounds for default within such period of time as specified by District, District may terminate this Agreement and direct Contractor to discontinue any further work on the Project, and Contractor shall immediately stop all work on the Project and forfeit all rights under this Agreement. District, in its discretion, may complete the Project, or may request the surety of Contractor to complete the Project, or may contract with others to complete the Project at the expense of Contractor and its surety. Any increase in costs over the Contract Price and any special damages incurred by District as a consequence of such default, including reasonable attorneys’ fees, shall be paid and satisfied in full by

Contractor and its surety.

Section 9. Termination. At any time District may, without cause and without prejudice to any other right or remedy hereunder, elect to terminate this Agreement. In such event, District shall give written notice of Project termination to Contractor at least five (5) days in advance of the Project termination date. Such notice may include specific instructions as to work to be completed and other winding-up matters. In the absence of any contrary instructions, Contractor shall place no further orders or subcontracts, shall terminate all orders and subcontracts to the extent they relate to terminated work, and shall stop work on the date and in accordance with directions specified in the notice.

Contractor shall cooperate with District to transfer all of Contractor’s rights and interests in any orders, subcontracts or work as directed by District. District shall pay Contractor for the performance of all work through the Project termination date and for such

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additional amounts as, in the opinion of Project Manager, are reasonable to compensate

Contractor for the termination of this Agreement. Final payment to Contractor shall be made in accordance with Section 5.

Section 10. Taxes, Licenses, Permits, and Regulations. In all operations connected with the Project, Contractor shall pay all fees, charges and taxes imposed by law, except for sales and use taxes from which District or the Project are exempt, and shall obtain all licenses and permits necessary for completion of the Project, including payment of all fees, unless otherwise specified by the Contract Documents or Project

Manager. Contractor shall comply with all laws, ordinances, codes, rules and regulations of all governmental…