SECTION 00500
AGREEMENT FORMS
00510
Notice of Award
00520
Agreement
00530
Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date:
TO:
PROJECT:
OWNER:
Werner Elementary School Parking Lot and Play Area Site Improvement Project
Poudre School District R-1
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated
, 20
for the above project
has been considered. You are the apparent successful Bidder and have been awarded an
Agreement for
The Price of your Agreement is
Dollars ($
).
Five (5) copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. Five (5) 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
, 20
.
1.
2.
You must deliver to the OWNER four (4) 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.
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) fullysigned counterpart of the Agreement with the Contract Documents attached.
Poudre School District R-1
OWNER
By:
Title
Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the
day of
and shall be effective on the date this AGREEMENT is signed by PSD.
Poudre School District R-1
in the year of 20
(hereinafter called OWNER) and
(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 Werner Elementary School Parking Lot and Play Area Site Improvement
Project and is generally described in Section 01110.
ARTICLE 2.
ENGINEER
The Project has been designed by Anderson Consulting Engineers, Inc. (ACE). ACE has not been
contracted to provide Construction Management Services, nor act as the Engineer for the
construction of this project. The OWNER 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 will be Substantially Complete within fifty-four (54) calendar days after the
starting date set forth in the Notice to Proceed as defined in the General Conditions and completed
and ready for Final Payment and Acceptance in accordance with the General Conditions within sixty
(60) calendar days after the start date set forth in the Notice to Proceed.
Work will be Substantially Complete in accordance with the following milestones at the
critical locations noted below.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence in 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 proceeding
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.
Section 00520 Page 1
1)
Substantial Completion:
Nine Hundred Fifty Dollars ($950.00) for each calendar day or fraction thereof that
passes after the fifty-four (54) calendar day period for Substantial Completion of the
Work has expired until the Work is Substantially Complete.
2)
Final Acceptance:
After Substantial Completion, Five Hundred Fifty Dollars ($550.00) for each
calendar day or fraction thereof that passes after the sixty (60) calendar day period
for Final Payment and Acceptance has expired until the Work is ready for Final
Payment and Acceptance.
ARTICLE 4.
CONTRACT PRICE
4.1.
OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds as follows: ($
),
Dollars, in accordance with Section 00310, 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. Progress payments will be made according to the percentages below, 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.
At the time of each progress payment the OWNER will pay ninety percent (90%) of the value of the
Work completed. The remaining ten percent (10%) will be paid upon Final Acceptance of the
project or may be paid progressively, at the OWNER's discretion, if the character and progress of
the Work have been satisfactory to OWNER and ENGINEER. Ninety percent (90%) 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 for payment.
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.
Section 00520 Page 2
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:
Section 00520 Page 3
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
Certificate of Substantial Completion
Certificate of Final Acceptance
Lien Waiver Releases
Consent of Surety
Application for Exemption Certificate
Application for Payment
7.3
Drawings, consisting of sheets numbered Sheet 1 through Sheet 18, with the
following general title:
Werner Elementary School Parking Lot and Play Area Site Improvement Project
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.
Section 00520 Page 4
OWNER: POUDRE SCHOOL DISTRICT R-1
CONTRACTOR:
By:
By:
BY:
By:
Title:
Date:
Date:
(CORPORATE SEAL)
Attest:
Attest:
Address for giving notices:
Address for giving notices:
2413 Laporte Avenue
Warehouse #3
Fort Collins, Colorado 80521
License No.
Approved as to Form
Section 00520 Page 5
SECTION 00530
NOTICE TO PROCEED
Description of Work: Werner Elementary School Parking Lot and Play Area Site Improvement
Project
To:
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
, respectively.
, 20
and
Poudre School District R-1
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of
, 20
.
CONTRACTOR
By:
Title:
Section 00530 Page 1