Construction_Contract_Template.docx
DOCX document 106 KB Posted
- Attached to
- Sidewalk Gap Construction
- Solicitation number
- 26-44
- Issued by
- Jefferson County, Weston CDP, Colorado
About this file
This is a construction contract template for the City of Wheat Ridge, Colorado, establishing the standard agreement structure for public works projects awarded through competitive bidding. The template defines the scope of work as furnishing all materials, supplies, tools, equipment, labor, and services necessary to complete construction projects in accordance with contract bid documents. The contractor must commence work within fourteen calendar days after receiving the Notice to Proceed and complete all work within sixty working days unless otherwise extended by written contract modifications. The contract documents incorporate multiple components including the advertisement for bids, information for bidders, bid forms, bid schedules, subcontractor lists, non-discrimination assurances, non-collusion affidavits, bonds, drawings, exhibits, general provisions, special provisions, and addenda.
Payment terms follow the General Conditions outlined in the contract documents, with all expenditures subject to City Council budget appropriation authority and limitations under the City Code. The contractor must provide both a Performance Bond and Payment Bond, with surety companies required to appear on the current Treasury Department list and be authorized to conduct business in Colorado. All contractors must comply with Executive Order 11246, the Immigration Reform and Contract Act of 1986, the Americans with Disabilities Act of 1991, and Civil Rights Act of 1964 requirements. The City implements vendor performance feedback assessments evaluated annually for renewable contracts and at contract closeout for one-time agreements, measuring completion timeliness, budget adherence, conformance to scope of work, and future award recommendations. The contract is binding upon all parties and requires execution by authorized city and contractor representatives, with the City Manager and City Attorney providing approval authority.
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Text version
CITY OF WHEAT RIDGE
26-XX-Name
AGREEMENT
THIS AGREEMENT, made this XXth day of MONTH 2026, by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and Vendor, Address, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows:
| 1. | The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary to complete the construction of the Project titled, Bid No Name, in accordance with the Contract Bid Documents. | ||
| 2. | The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of $XXX.XX | ||
| 3. | The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 60 working days after the date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. | ||
| 4. | The term "CONTRACT BID DOCUMENTS" means and includes the following: | ||
| A | Signature Page | K | Agreement |
| B | Advertisement for Bids | L | Payment Bond |
| C | Information for Bidders | M | Performance Bond |
| D | Contractor Qualification | N | Notice to Proceed |
| E | Bid Form | O | Final Receipt |
| F | Bid Schedule | P | Project Special Provisions |
| G | List of Subcontractors | Q | General Provisions |
| H | Non-Discrimination Assurance | R | Addenda |
| I | Non-Collusion Affidavit | Q | Drawings/ Exhibits |
| J | Bid Bond | S | Keep Jobs in Colorado |
| 5. | The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. |
| 6. | Section 2‑3 (a) – (e) of the City's Code of Laws is presented below: |
| (a) | Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. |
| (b) | Budget contains appropriations. The city council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the city council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the city council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. |
| (c) | No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. |
| (d) | Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. |
| (e) | Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. |
| 7. | Section 2‑4 of the City Code of Laws is presented below: |
| (a) | The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. |
| (b) | The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. |
| 8. | Any notice or communication given pursuant to this Agreement to the City shall be made in writing: |
| Contact Information | |
| City | |
| Contractor |
Name:
Office Phone:
Email Address:
Address:
City, State, Zip Code
| 9. | The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. |
| 10. | In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. |
| In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. | |
| 11. | Vendor Performance Feedback |
| The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: | |
| a. | Work completed on time |
| b. | Work completed within budget |
| c. | Work completed as per the Scope of Work |
| d. | Future awards recommendation |
12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
13. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work.
| ______________________________________ | __________ |
| Whitney Mugford-Smith, Procurement Manager | Date Signed |
| ______________________________________ | __________ | |
| [PM Signature] | Date Signed |
| ______________________________________ | __________ | |
| [Department Director] | Date Signed |
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written.
| ATTEST: | OWNER | |
| CITY OF WHEAT RIDGE | ||
| 7500 WEST 29TH AVENUE | ||
| Onorina Maloney, Senior Deputy City Clerk | WHEAT RIDGE, C0 80033 | |
| 303‑234‑5900 |
Date Patrick Goff, City Manager
| APPROVED AS TO FORM: | CONTRACTOR | |
| Company Name | ||
| Gerald Dahl, City Attorney | Address | |
| City, State, Zip |
ATTEST TO CONTRACTOR:
Authorized Signature
Full Name
Signature
Title Title
Date Date
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor) A hereinafter called "PRINCIPAL", and
(Name of Surety)
(Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, ($XX.XX) 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 CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the | day of _________, 2026, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-YR-NUM-Name , in accordance with the Contract Bid Documents including: |
| Base Bid – | |
| Bid Alternate 1 – |
NOW, THEREFORE, if the Principal shall promptly 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 contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed 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 Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise 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 Contract or to the Work or to the Specifications.
*Insert "a corporation", "a partnership", or "an individual" as applicable.
IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2026
ATTEST: PRINCIPAL
CORPORATE SECRETARY PRINCIPAL
ADDRESS BY
ADDRESS
(SEAL)
SURETY
ATTEST:
SURETY
ADDRESS BY (ATTORNEY IN FACT)
ADDRESS
(SEAL)
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor) A hereinafter called "PRINCIPAL", and
(Name of Surety)
(Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, ($XX.XX) 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 CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the | day of _________, 2026, a copy of which is hereto attached and made a part hereof for the Project titled ITB-YR-NU-Name , in accordance with the Contract Bid Documents including: |
| Base Bid – | |
| Bid Alternate 1 – |
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract 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 one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs 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 Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise 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 Contract 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.
*Insert "a corporation", "a partnership", or "an individual" as applicable.
IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2026
ATTEST: PRINCIPAL
CORPORATE SECRETARY PRINCIPAL
ADDRESS BY
ADDRESS
(SEAL)
SURETY
ATTEST:
SURETY
ADDRESS BY (ATTORNEY IN FACT)
ADDRESS
(SEAL)
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.
ITB-YR-NUM-Name image1.jpeg
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