09-Contract Forms.pdf

CHANGE ORDER NO. Date

Project Project Number

P.O. Number Bid Number

Contractor

The following changes are made to the Contract:

Attach support documentation to this Change Order. If paying on multiple accounts and/or project numbers, attach a memo detailing each number and related dollar amount.

Is this Change Order strictly a quantity adjustment? YES NO

The Original Contract Price was ......................................................................................................................................... $

Net Change by Previous Change Orders ........................................................................................................................... $

Contract Price before this Change Order ........................................................................................................................... $

CURRENT Change Order AMOUNT (note + or - ) ............................................................................................................. $

THE NEW CONTRACT PRICE WILL BE ...................................................................................................................... $

Original contract time: ______ days

Net time change by previous Change Order(s): ______ days

Net adjustment due to this Change Order: ______ days

Current contract time including this Change Order: ______ days

DATE FOR SUBSTANTIAL COMPLETION WILL BE:

The contractor hereby certifies that all work specified in this Change Order shall be performed according to the original contract requirements except as modified by Change Order(s).

TOWN DIVISION APPROVAL TOWN DIVISION APPROVAL

By: By:

Title: Title:

Date: Date:

TOWN DIVISION APPROVAL CONTRACTOR

By: By:

Title: Its:

Date: Date:

Originals: Contractor; Purchasing and Contract File

CONTRACTOR'S CERTIFICATE AND RELEASE

FROM:

(Contractor)

TO: TOWN OF CASTLE ROCK

100 Wilcox Street Castle Rock, CO 80104

Project Name

Bid Number Project No.

Agreement for Construction Contract dated , 20 .

1. The Contractor certifies that the Town of Castle Rock owes the Contractor the amount of

DOLLARS for duly approved Change Orders and modifications under the Contract.

2. The Contractor further certifies that in addition to the amount set forth in Paragraph 1, the following claims are just, due and owing by the Town of Castle Rock to the Contractor:

(a)

(b)

(c)

(d) (Itemize claims and amounts due. If none, so state.)

3. The Contractor certifies that it has performed all Work required by and according to the Contract, including Work required under Change Orders numbers through , and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of the Contract, and that the wage rates paid by the Contractor and all Subcontractors conform to applicable laws and regulations.

4. Except for the amounts stated under Paragraphs 1 and 2 hereof, the Contractor has received from the Town of Castle Rock all money payable to the Contractor under the Contract, as modified.

5. In consideration of the payment of the amount in Paragraph 1 the Contractor hereby releases the Town of Castle Rock from any claims arising under or by virtue of the Contract, except the amount(s) listed in Paragraph 2; provided, however, that if for any reason the Town of Castle Rock does not pay the amount stated in Paragraph 1 in full, the deduction shall not affect the validity of this release, but the deducted amount shall be automatically included under Paragraph 2 as an amount which the Contract has not released but will release upon payment. The Contractor certifies that, upon the payment of the amount in Paragraph 2, and of any amount which may be deducted for claims of any nature arising out of the Contract, as modified, the Contractor shall execute such further releases or assurances as the Town may request.

Executed this day of , 20 .

Contractor

By:

Its:

Title

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That (full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and as Surety, (full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto (full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated , 20 , entered into a contract with Owner for , Project No.

in accordance with Drawings and Specifications prepared by the Town of Castle Rock, 100 Wilcox Street, Castle

Rock, Colorado, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

The Surety hereby waives notice of any alteration of the contract or extension of time made by Owner.

Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly:

1. Complete the Contract in accordance with its terms and conditions, or;

2. Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price” as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner.

Signed and sealed this day of , 20__.

Witness Principal

Title Title

Witness Title

LABOR AND MATERIAL PAYMENT BOND

THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER

CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT.

KNOW ALL MEN BY THESE PRESENTS: That (full name and address or legal title of Contractor) as Principal, hereinafter called

Principal, and

(full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto

(full name and address or legal title of

Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of Dollars ($

), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated 20__, entered into a contract with Owner for

(description of project) in accordance with Drawings and Specifications prepared by the Town of Castle Rock, 100 Wilcox Street, Castle Rock, Colorado, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions:

1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas power, light heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.

2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.

No suit or action shall be commenced hereunder by any claimant:

a. Unless claimant, other than one having a direct contact with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party tot whom the materials were furnished, or for whom he worked or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by a public officer.

b. After the expiration of six (6) months following the date on which Principal ceased work on said

Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

c. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof is situated, or it the United States District Court for the District in which the Project, or any part thereof, is situated, and not elsewhere.

Signed and sealed this day of , 20 .

Witness Principal

NOTICE OF AWARD

Project Name ________________________________________________

Bid Number Project No.

Date of Notice of Award

TO:

The Town of Castle Rock Project Manager has considered Bids for the above Project in response to its Invitation to

Bidders. The Town accepts your Bid for the Work in the amount of DOLLARS.

You must sign the Agreement for a Construction Contract with the Town of Castle Rock and furnish complying insurance evidence and applicable Performance and Labor and Material Payment Bonds within ten days from the date of delivery of this NOTICE to you.

If you fail to sign the Agreement for a Construction Contract or furnish the bonds and insurance within ten days from the date of delivery of this NOTICE, the Town may consider all your rights under the Town's acceptance of your Proposal as abandoned. Your Bid Guarantee shall become the property of the Town as liquidated damages, not as penalty, for any delay of construction. The Town may award or re-advertise the Work, or act otherwise, as its discretion.

TOWN OF CASTLE ROCK

Project Manager

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged this day of , 20 .

CONTRACTOR SIGNED:

BY ITS:

NOTICE TO PROCEED

Project Name: ___________________________________________

Bid Number: Project Number:

Date of Notice to Proceed:

To:

Please take notice that:

The Contractor and the Town have signed the Contract for the Project and the Contractor has submitted the items requested prior to the beginning of the Work for the Contract.

The Town has approved the Contract.

Therefore, as the Contractor for the above-described work, you are hereby authorized and directed to proceed within ten days from receipt of this NOTICE, as required by the Contract.

Contract Purchase Order Number: * *Reference this purchase order number, project name, and project number on all invoices and pay request forms.

*Submit all pay requests on approved forms.

Completion Date

TOWN OF CASTLE ROCK

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged this day of , 20___.

CONTRACTOR SIGNED:

BY ITS:

NOTICE OF SUBSTANTIAL COMPLETION

Project Name ______________________________________________

Project Number Date of Substantial Completion

PROJECT OR SPECIFIED PART OF PROJECT WHICH IS SUBSTANTIALLY COMPLETE:

The Work performed under this Contract has been inspected by authorized representatives of the Town, Contractor, 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 exhaustive, and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the Work according to the Contract.

These items shall be completed by the Contractor within days of the date of Substantial Completion.

AUTHORIZED BY:

ACKNOWLEDGED BY:

NOTICE OF CONSTRUCTION COMPLETION

Project Number Date of Construction Completion

Please take notice that the Town of Castle Rock has accepted the construction work for the Project, as complete.

In conformance with Contract, your obligations and guarantees will continue until , 20 .

Please reference the project name and number stated above and submit your invoice for final payment (in duplicate) to the Project Manager.

TOWN OF CASTLE ROCK

By:

Title:

Date:

Originals: Contractor Copies: Project Manager

REQUEST FOR PAYMENT NO.______

Project Name _________________________________

Project Number P.O. Number Bid Number

Final Payment YES NO If yes, the Notice of Project Construction Completion must be fully completed and signed by the Town of Castle Rock and the Contractor.

Contractor Project Manager

Payment Period from to

Original Contract Price $

Net change by Change Orders $

Contract Price to date $

Total completed & stored to date %

Retainage % of $

Total earned less retainage $

Less previous certificates for payment $

CURRENT PAYMENT DUE $

Pay on account #

Previous Payment Summary:

Payment #1: $ Payment #4: $ Payment #2: $ Payment #5: $ Payment #3: $ Payment #6: $

Change Order Summary:

Number Date Approved Additions Deductions

Change Order(s) Total +/- $ CURRENT COMPLETION DATE:

The Contractor certifies that the work covered by this Request for Payment has been completed according to the Contract and that the current payment shown here is now due.

CONTRACTOR TOWN OF CASTLE ROCK

By: By:

Title: Title:

Date: Date:

Originals: Contractor Copies: Project Manager

TOWN PROJECT FINAL ACCEPTANCE

Project Number Project Final Acceptance Date

Please take notice that the Town of Castle Rock accepts the Project as complete and hereby formally accepts the project for operation and maintenance as part of the Town of Castle Rock's infrastructure.

TOWN OF CASTLE ROCK

By:

Title:

Date:

CONTRACTOR

By:

Its:

Date: