1A-Connected Lakes- Vault ToiletR.pdf

James M. Robb-COLORADO RIVER STATE PARK – Vault Toilet Replacement Page 1

Colorado Department of Natural Resources

REQUESTED FOR DOCUMENTED QUOTATION

James M. Robb-COLORADO RIVER STATE PARK Connected Lake Section - Vault Toilet Replacement Project

May 6, 2015

WORK SUMMARY

The Colorado Division of Parks & Wildlife is accepting documented quotes (bids) for the demolition of an existing vault toilet, installation of a new CXT double vault toilet, and concrete sidewalk installation. The new concrete vault installation will replace the existing vault toilet structure at the Connected Lake State Section.

Included in this bid all labor, materials and equipment associated with the placement of a new pre-cast concrete double vaulted restroom.

A Job Show will not be held for this project. Contractors are advised to pay close attention to the information contained within the bid documents for specific information about the proposed project. To reach the park, take Highway 340 (Broadway) to Power Road and turn north. Then turn right on Dike Road which leads to the park. There are signs posted along the way. (Refer to the attached map).

Questions related to this project shall be directed to Steve Ryan - Project Manager at (970) 255-6190. All questions shall be submitted in writing on company letterhead utilizing the contact information listed below.

The deadline for questions is Wednesday, May 13, 2015 at 10:00 am (MDT). Questions submitted after the deadline will not be addressed. All questions and responses will be posted on the State's VSS web site.

Plans and specifications can be obtained online at:

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

Reference Bid RQS #20150000000000001003

Advertisement Date:

May 06, 2015 – Colorado Vendor Self Service

BID SUBMITTAL

The documented quote (bid) due date for this project is Tuesday, May 19, 2015 at 1:30 pm (MDT). Bids will be accepted by e-mail on the Colorado VSS website, or hand-carried and must be delivered to: Colorado State Parks - Northwest Regional Office, at the address listed below prior to the bid closing time.

This will not be a public bid opening.

Steve Ryan - Project Manager Colorado State Parks – Northwest Regional Office 711 Independent Ave. Grand Junction, CO 81505 Phone: (970) 255-6190 Fax: (970) 255-6108 Email: steve.ryan@state.co.us

A responsive bid must include the State's attached Bid Schedule with the contractor's signature and all requested information.

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService mailto:steve.ryan@state.co.us

James M. Robb-COLORADO RIVER STATE PARK – Vault Toilet Replacement Page 2

BID AWARD

Award will be made with reasonable promptness to the low responsive and responsible bidder whose bid meets the requirements and criteria set forth in the bid documents. These criteria will include, but not be limited to the lowest GRAND TOTAL PRICE, corrected if necessary for errors in price extension and/or addition. The GRAND TOTAL PRICE will be used for comparing bids only and may not equal the final invoice.

PURCHASE ORDER CONTRACT

A purchase Order Contract will be issued to the awarded bidder. The Purchase Order Contract will include all documents as defined in Section 1. DEFINITIONS of the GENERAL CONDITIONS for PURCHASE ORDERS (Attached).

PROJECT SCHEDULE

Construction time will be 180 days after issuance of the State's purchase order. The Contractor must be prepared with equipment, supplies and labor to meet this deadline. All work will be scheduled with the State so as to limit interference with Park operations and activities.

Written Questions Due Wednesday, May 13, 2015 at 10:00 am (MDT) Bids Due Tuesday, May 19, 2015 @ 1:30 pm Notice of Award Friday June 12, 2015 (Tentative) Notice to Proceed Friday June 19, 2015 (Tentative) Project Completion December 16, 2015 (Tentative)

PROJECT OBSERVATION

Project manager and Park staff will be at the project site periodically to monitor construction activities and ensure that each work item is completed and constructed to design specifications. Inspections will be scheduled with the Project Manager. It is the Contractor's responsibility to schedule inspections with the Project Manager so as not to delay the work.

PROJECT LOCATION

All work will take place near the Boat Ramp located within Connected Lake State Park. To reach the park, take Highway 340 (Broadway) to Power Road and turn north. Then turn right on Dike Road which leads to the park. Access to the project site is considered all weather.

PROJECT WORK DESCRIPTION AND SPECIFICATIONS

Item 1 - Mobilization This pay item includes the Contractor's cost of moving materials, equipment and labor onto the job site, setup, tear down and removing all debris, materials, equipment and labor off of the job site including site clean-up. This bid item shall also include providing the following items: certificates, bonds, permits, shop drawings, product submittals, construction schedules, and any other miscellaneous mobilization work. The price for this item shall include all cost incorporated in the performance of the work described herein.

Payment will be based on the lump sum price quoted in the Proposal. Payment will be made in two installments: the first 60% will be paid on the first month's pay estimate; the remaining 40% will be paid after the final cleanup has been completed and approved.

Item 2 – Demolition of Existing Vault Toilet Building The work shall include, but is not necessarily limited to the scheduling and payment for the sewage pumping of the vault toilet, temporary construction fencing, breaking up the vault toilet building and underground concrete vault, hauling, disposal of debris, construction safety fencing, backfill, compaction, and fine grading. Payment shall be made at the contract unit price.

James M. Robb-COLORADO RIVER STATE PARK – Vault Toilet Replacement Page 3

Item 3 - Precast Vault Toilet Installation This pay item includes all materials, labor and other costs associated with furnishing and Installing a precast concrete vault toilet at the designated location as indicated on the construction drawings. More specifically, this pay item includes, but is not limited to:

- All preparatory earthwork, structural excavations, structural back-fill and compaction.

- Installation of complete and fully functional precast concrete vault toilet CXT Tioga (Double)

- Building furnishings and fixtures as specified.

- Solar Lighting and exterior stack fans.

- Construct ADA accessible routes. Concrete approach pad to vault toilet.

- Fine grading and site clean-up around the structure upon completion.

- Precast vault toilets shall be measured as a complete and functional building unit in place.

- Payment shall be made at the contract unit price.

Item 4 - Concrete sidewalk Work includes excavation, disposal or reuse of excavated material; purchase transport and placement of the concrete and forms; forming and form removal, crack control joints, placement and compaction of the concrete;

concrete saw-cutting for a clean joint; backfill; purchase and installation of all embedded items; finishing of formed surfaces; concrete curing; and all other materials, equipment and workmanship required to place the concrete to the dimensions and grades shown on the plans. Work includes any required concrete testing.

Provide for cold weather placement or hot weather placement of concrete per technical specifications. Removal of existing concrete sidewalk is included in this bid item. This item shall be measured and paid by the square foot of concrete sidewalk (5” in thickness) placed. The proposed (5 in.) concrete shall be doweled to the existing concrete building apron associated with the existing vaulted restroom. Dowels shall be #4 rebar placed at twenty-four inches (24 in.) on center

MEASUREMENT AND PAYMENT

Quantities delivered and installed materials must be verified by the Project Manager before payment is approved. Payment for all items shall be made at the contract unit prices as shown on the submitted Bid Schedule.

As a footnote to the "Project Work Descriptions", the following items h a v e not been included as specific pay items and are to be considered incidental to the construction for which they are required.

• Clearing & Grubbing

• Dust Control

• Erosion Control

• Rock excavation

• Excavation and embankment associated with building installation

• Installation of compacted structural b a s e associated with building Installation

• Watering / dewatering

• Temporary facilities

• Barricades and other required safety provisions

• Cold weather protection

This concludes the pay items listed in the proposal. Please be aware that the only payments made under this contract are for the pay items listed herein, and that no additional payments shall be made to the contractor for work not shown in these documents. If any discrepancies exist the Contractor shall notify the Project manager in writing, requesting clarification as soon as possible.

James M. Robb-COLORADO RIVER STATE PARK – Vault Toilet Replacement Page 4

BID SCHEDULE - Documented Quote

James M. Robb-COLORADO RIVER STATE PARK Connected Lake Section - Vault Toilet Replacement Project

{Contractor Name) proposes to furnish all labor, equipment, materials and incidentals necessary to complete the project as described herein, for the listed prices, and shall complete the project in 180 calendar days from the issuance date of the purchase order. We have read and make the: The request for Documented Quotations and the definitions of the General Conditions for Purchase Orders a part of this proposal.

Item Quant Unit Description: Unit Price Total

1. 1 L.S. Mobilization

2. 1 LS Demolition of Existing Vault Toilet Building

3. 1 Ea. Pre-Cast Double Vault Toilet installation - CXT Tioga with Solar Lighting and exterior stack fans, w/o chase.

4. 512 SF Concrete sidewalk (5” thick)

Total Bid Amount =$ ___________________

The above price includes any costs associated with addenda. ____________ This proposal is valid for 30 days after opening of bids.

Date: ___________ ______________

Authorized Signature: ________________________________ __________________________

Name: (Print or Type): ____________________ ___________ __________________________

Company Name: ____________________ ___________ ___Tax ID#:____________________

Address: ______________________ ___________ ________________________ __________

Phone#: ____________________ _____________________Fax#:_______________________

James M. Robb-COLORADO RIVER STATE PARK – Vault Toilet Replacement Page 5

Division of Parks and Wildlife: Standard Insurance Requirements

A. The contractor shall obtain, and maintain at all times during the term of this contract, insurance in the following kinds and amounts:

1) Workers’ Compensation Insurance as required by state statute, and Employer’s Liability Insurance covering all of contractor’s employees acting within the course and scope of their employment.*

2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence;

b. $1,000,000 general aggregate;

c. $1,000,000 products and completed operations aggregate; and

d. $50,000 any one fire.

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision.

3) Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit.

B. The State of Colorado (see below for other naming options) shall be named as additional insured on the Commercial General Liability Insurance policy (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

C. The Insurance shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to the State by certified mail.

D. The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

E. All policies evidencing the insurance coverage’s required hereunder shall be issued by insurance companies satisfactory to the State.

F. The contractor shall provide certificates showing insurance coverage required by this contract to the State within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof. At any time during the term of this contract, the State may request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section.

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G. Notwithstanding subsection A of this section, if the contractor is a “public entity” within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act’), the contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall show proof of such insurance satisfactory to the State.

The Certificate Holder is listed at the bottom of the Acord Form in the Certificate Holder box. State Parks needs to be listed as a Certificate Holder. It allows us to receive notifications from the insurance company when the insurance is renewed, expires, or is cancelled. Sometimes the contractor will not send notification on their insurance status. Colorado Parks and Wildlife needs to be listed there (with or without the Park Name below it).

This also ensures that we receive new ACORD forms, from the insurance carrier, in the Denver office. If the insurance expires before a PO expires, a new ACORD will be mailed to Colorado Parks and Wildlife when the renewal occurs.

Additional Insureds is generally listed in the Description Box above the Certificate Holder box. We are required to be Additional Insured for General Liability only and sometimes it spells that out, but generally it just states that we are just the Additional Insured. It can state our name in any of the following ways: State of Colorado or Colorado Parks and Wildlife. Some insurance carriers do not list us as the Additional Insured in the Description Box but on an additional page. It will have a field: Additional Insured and Colorado Parks and Wildlife (or one of the other names) should be filled in. Sometimes Additional Insured can be found in both the description box and on an additional page. As Additional Insured the insurance carrier will pay the legal bills in the event of litigation (even though we use the AG’s office, they will bill us and we can pass that cost to the insurance carrier). Parks that have management agreements with a federal agency have to make sure that the federal agency is also listed as an Additional Insured for General Liability, as a requirement of the lease/agreement.

James M. Robb-COLORADO RIVER STATE PARK – Vault Toilet Replacement Page 7

Purchase Order Terms and Conditions

1. Offer/Acceptance. If this purchase order (“PO”) refers to vendor’s bid or proposal, this PO is an ACCEPTANCE of vendor’s OFFER TO SELL in accordance with the terms and conditions of the “solicitation” identified in vendor’s bid or proposal. The solicitation includes an RFP, IFB, or any other form of order by buyer. If a bid or proposal is not referenced, this PO is an OFFER TO BUY, subject to vendor’s acceptance, demonstrated by vendor’s performance or written acceptance of this PO. Any COUNTER- OFFER TO SELL automatically CANCELS this PO, unless a change order is issued by buyer accepting a counter-offer. This PO shall supersede and control over any vendor form(s) or part(s) thereof included in or attached to any bid, proposal, offer, acknowledgment, or otherwise, in the event of inconsistencies or contradictions, regardless of any statement to the contrary in such form(s) or parts thereof. 2. Safety Information. All chemicals, equipment and materials proposed and/or used in the performance of this PO shall conform to the requirements of the Occupational Safety and Health Act of 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery.

3. Changes. Vendor shall furnish products and/or services strictly in accordance with the specifications and price set forth for each item. This PO shall not be modified, superseded or otherwise altered, except in writing signed by purchasing agent and accepted by vendor. Each shipment received or service performed shall comply with the terms of this PO, notwithstanding invoice terms or acts of vendor to the contrary, unless this PO has been modified, superseded or otherwise altered in accordance with this section.

4. Delivery. Unless otherwise specified in the solicitation or this PO, delivery shall be FOB destination. Buyer is relying on the promised delivery date, installation, and/or service performance set forth in vendor’s bid or proposal as material and basic to buyer’s acceptance. If vendor fails to deliver or perform as and when promised, buyer, in its sole discretion, may cancel its order, or any part thereof, without prejudice to its other rights, return all or part of any shipment so made, and charge vendor with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence.

5. Intellectual Property. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials (collectively “materials”) delivered by vendor in performance of its obligations under this PO shall be the exclusive property of buyer. Ownership rights shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the materials. Vendor shall comply with all applicable Cyber Security Policies of the State of Colorado (the “State”), or buyer, as applicable, and all confidentiality and non-disclosure agreements, security controls, and reporting requirements.

6. Quality. Buyer shall be the sole judge in determining “equals” with regard to quality, price and performance. All products delivered shall be newly manufactured and the current model, unless otherwise specified.

7. Warranties. All provisions and remedies of the Colorado Uniform Commercial Code, CRS, Title 4 (“CUCC”), relating to implied and/or express warranties are incorporated herein, in addition to any warranties contained in this PO or the specifications.

8. Inspection and Acceptance. Final acceptance is contingent upon completion of all applicable inspection procedures. If products or services fail to meet any inspection requirements, buyer may exercise all of its rights, including those provided in the CUCC. Buyer shall have the right to inspect services provided under this PO at all reasonable times and places. "Services" as used in this section includes services performed or tangible material produced or delivered in the performance of services. If any of the services do not conform to PO requirements, buyer may require vendor to perform the services again in conformity with PO requirements, without additional payment. When defects in the quality or quantity of service cannot be corrected by re-performance, buyer may (a) require vendor to take necessary action to ensure that future performance conforms to PO requirements and (b) equitably reduce the payment due vendor to reflect the reduced value of the services performed. These remedies do not limit the remedies otherwise available in this PO, at law, or in equity.

9. Cash Discount. The cash discount period will start from the later of the date of receipt of acceptable invoice, or from date of receipt of acceptable products/services at the specified destination by an authorized buyer representative.

10. Taxes. Buyer and the State are exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all State and local government sales and use taxes [CRS, Title 39, Article 26, Parts I and II]. Such exemptions apply when materials are purchased for the benefit of State, except that in certain political subdivisions (e.g., City of Denver) vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to buyer. Buyer shall not reimburse such sales or use taxes.

11. Payment. Buyer shall pay vendor for all amounts due within 45 days after receipt of products or services and a correct notice of amount due. Interest on the unpaid balance shall begin to accrue on the 46th day at the rate set forth in CRS §24-30-202(24) until paid in full. Interest shall not accrue if a good faith dispute exists as to buyer’s obligation to pay all or a portion of the amount due. Vendor shall invoice buyer separately for interest on delinquent amounts due, referencing the delinquent payment, number of day’s interest to be paid, and applicable interest rate.

12. Vendor Offset. [Not Applicable to Inter-governmental POs] Under CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39- 21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.

13. Assignment and Successors. Vendor shall not assign rights or delegate duties under this PO, or subcontract any part of the performance required under this PO, without the express, written consent of buyer. This PO shall inure to the benefit of and be binding upon vendor and buyer and their respective successors and assigns. Assignment of accounts receivable may be made only upon written notice furnished to buyer.

14. Indemnification. If any article sold or delivered under this PO is covered by a patent, copyright, trademark, or application therefore, vendor shall indemnify and hold harmless buyer from any and all loss, liability, cost, expenses and legal fees incurred on account of any claims, legal actions or judgments arising out of manufacture, sale or use of such article in violation or infringement of rights under such patent, copyright, trademark or application. If this PO is for services, vendor shall indemnify, save, and hold harmless buyer, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related expenses, incurred as a result of any act or omission by vendor, or its employees, agents, subcontractors or assignees, arising out of or in connection with performance of services under this PO.

15. Independent Contractor. Vendor shall perform its duties hereunder as an independent contractor and not as an employee. Neither vendor nor any agent or employee of vendor shall be deemed to be an agent or employee of buyer. Vendor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through buyer and buyer shall not pay for or otherwise provide such coverage for vendor or any of its agents or employees. Unemployment insurance benefits will be available to vendor and its employees and agents only if coverage is made available by vendor or a third party. Vendor shall pay when due all applicable employment, income, and local head taxes incurred pursuant to this PO. Vendor shall not have authorization, express or implied, to bind buyer to any agreement, liability or understanding, except as expressly set forth herein. Vendor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by buyer, and (c) be solely responsible for its acts and those of its employees and agents.

16. Communication. All communication concerning administration of this PO, prepared by vendor for buyer’s use, shall be furnished solely to purchasing agent.

James M. Robb-COLORADO RIVER STATE PARK – Vault Toilet Replacement Page

Purchase Order Terms and Conditions

17. Compliance. Vendor shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

18. Insurance. Vendor shall obtain, and maintain, at all times during the term of this PO, insurance as specified in the solicitation, and provide proof of such coverage as requested by purchasing agent.

19. Termination Prior to Shipment. If vendor has not accepted this PO in writing, buyer may cancel this PO by written or oral notice to vendor prior to shipment of goods or commencement of services.

20. Termination for Cause. (a) If vendor refuses or fails to timely and properly perform any of its obligations under this PO with such diligence as will ensure its completion within the time specified herein, buyer may notify vendor in writing of non-performance and, if not corrected by vendor within the time specified in the notice, terminate vendor's right to proceed with the PO or such part thereof as to which there has been delay or a failure. Vendor shall continue performance of this PO to the extent not terminated and be liable for excess costs incurred by buyer in procuring similar goods or services elsewhere. Payment for completed services performed and accepted shall be at the price set forth in this PO.

(b) Buyer may withhold amounts due to vendor as buyer deems necessary to reimburse buyer for excess costs incurred in curing, completing or procuring similar goods and services.(c) If after rejection, revocation, or other termination of vendor's right to proceed under the CUCC or this clause, buyer determines for any reason that vendor was not in default or the delay was excusable, the rights and obligations of buyer and vendor shall be the same as if the notice of termination had been issued pursuant to termination under §21.

21. Termination in Public Interest. Buyer is entering into this PO for the purpose of carrying out the public policy of the State, as determined by its Governor, General Assembly, and Courts. If this PO ceases to further the public policy of the State, buyer, in its sole discretion, may terminate this PO in whole or in part and such termination shall not be deemed to be a breach of buyer’s obligations hereunder. This section shall not apply to a termination for vendor’s breach, which shall be governed by §20. Buyer shall give written notice of termination to vendor specifying the part of the PO terminated and when termination becomes effective. Upon receipt of notice of termination, vendor shall not incur further obligations except as necessary to mitigate costs of performance. For services or specially manufactured goods, buyer shall pay (a) reasonable settlement expenses, (b) the PO price or rate for supplies and services delivered and accepted, (c) reasonable costs of performance on unaccepted supplies and services, and (d) a reasonable profit for the unaccepted work. For existing goods, buyer shall pay (e) reasonable settlement expenses, (f) the PO price for goods delivered and accepted, (g) reasonable costs incurred in preparation for delivery of the undelivered goods, and (h) a reasonable profit for the preparatory work. Buyer’s termination liability under this section shall not exceed the total PO price plus a reasonable cost for settlement expenses. Vendor shall submit a termination proposal and reasonable supporting documentation, and cost and pricing data as required by CRS §24-106-101, upon request of buyer.

22. PO Approval. This PO shall not be valid unless it is executed by purchasing agent. Buyer shall not be responsible or liable for products or services delivered or performed prior to proper execution hereof.

23. Fund Availability. Financial obligations of buyer payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this PO is funded in whole or in part with federal funds, this PO is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. Buyer represents that it has set aside sufficient funds to make payment for goods delivered in a single installment, in accordance with the terms of this PO.

24. Choice of Law. State laws, rules and regulations shall be applied in the interpretation, execution, and enforcement of this PO. The CUCC shall govern this PO in the case of goods unless otherwise agreed in this PO. Any provision included or incorporated herein by reference which conflicts with such laws, rules, and regulations is null and void. Any provision incorporated herein by reference which purports to negate this or any other provision in this PO in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Unless otherwise specified in the solicitation or this PO, venue for any judicial or administrative action arising out of or in connection with this PO shall be in Denver, Colorado. Vendor shall exhaust administrative remedies in CRS §24-109-106, prior to commencing any judicial action against buyer.

25. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities, investment advisory services, fund management services, sponsored projects, intergovernmental POs, or information technology services or products and services] Vendor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this PO and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this PO, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Vendor shall not knowingly employ or contract with an illegal alien to perform work under this PO or enter into a contract or PO with a subcontractor that fails to certify to vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this PO. Vendor shall

(a) not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants during performance of this PO, (b) notify subcontractor and buyer within three days if vendor has actual knowledge that subcontractor is employing or contracting with an illegal alien for work under this PO, (c) terminate the subcontract if subcontractor does not stop employing or contracting with the illegal alien within three days of receiving notice, and (d) comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If vendor participates in the Department program, vendor shall deliver to the buyer a written, notarized affirmation that vendor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If vendor fails to comply with any requirement of this provision or CRS §8- 17.5-101 et seq., buyer may terminate this PO for breach and, if so terminated, vendor shall be liable for damages.

26. Public Contracts with Natural Persons. Vendor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced a form of identification required by CRS §24-76.5-103 prior to the date vendor delivers goods or begins performing services under terms of the PO.