Rifle Falls State Park – Vault Toilet Replacement Project Page 1

Colorado Department of Natural Resources

REQUESTED FOR DOCUMENTED QUOTATION

Rifle Falls State Park – Vault Toilet Replacement Project

Project Bid No: RQS2015…1002

WORK SUMMARY

The Colorado Division of Parks & Wildlife is accepting documented quotes (bids) for the replacement of a vaulted restroom located in the Rifle Falls Day Use Area at Rifle Falls State Park. Included in this bid all labor, materials and equipment associated with the removal of the existing toilet building and the replacement with a new double vault pre-cast concrete restroom.

A mandatory job show will be held on Monday, March 23, 2015 @ 1:00 pm at the proposed job site (Rifle Falls Day Use Area). Rifle Falls State Park is located approximately 13 miles North-East of Rifle, Colorado on State Highway 325. The physical address for the park is: 9859 Highway 325, Rifle, Colorado, 81650 (Refer to the attached maps).

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 Thursday, April 2 at 10:00 am (MDT). Questions submitted after the deadline will not be addressed. All questions and responses will be posted on, Colorado VSS, the State’s BID web site.

Plans and specifications can be obtained online at:

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

Reference Bid - RQS 20150000000000001002

BID SUBMITTAL

The documented quote (bid) due date for this project is Thursday, April 09, 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.

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.

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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 120 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.

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 at the Rifle Falls Day Use Area located within Rifle Falls State Park which is located approximately 13 miles North-East of Rifle, Colorado on State Highway 325. The physical address for the park is: 9859 Highway 325, Rifle, Colorado, 81650 (Refer to the attached maps). 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. The price for this item shall include all cost incorporated in the performing 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 the Existing Vault Toilet Building & Dumpster Enclosure This pay item includes all labor and equipment necessary for the demolition of designated structures. The structure covered under this specification includes one brick masonry building w/ two (2) separate concrete vaults, located within the Rifle Fall State Park – Day Use Area. The Contractor shall provide all equipment, labor and materials associated with the demolition of the structure and the removal of all materials, at an approved off-site location. Specific work items include: Utility locates, building demolition, removal and disposal of all materials, reclamation of the site including fine grading and site clean-up. Payment will be made at the contract unit price, for all work covered under this section.

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Item 3 Precast Vault Toilet Installation This pay item includes all materials, labor and other costs associated with furnishing and installing precast concrete vault toilets at designated locations 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.

- 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.

Items 4 & 5 Concrete Flatwork These pay items shall include all materials and installation costs associated with the construction of concrete flatwork in both 4 inch and 6 inch thicknesses. More specifically these pay items shall include, but are not limited to; earthwork, compacted sub-grade, compacted aggregate base course, formwork concrete, concrete finishing, expansion and control joints, fine grading and clean-up. Concrete will be measured and paid for on a finished area, per square foot, at the contract unit price for each thickness. Payment shall be made at the contract unit price per square foot.

Item 6 Dumpster Enclosure This pay item includes all materials and installation costs associated with the construction of standard dumpster enclosures as detailed in the construction drawings. More specifically this pay item includes, but not limited to; layout, earthwork, excavation for gate posts, concrete for gate posts, steel framework, wood, all fasteners, wood finish, fine grading and site clean-up. Please note that the concrete flatwork associated with the exterior apron will be paid for separately. Dumpster enclosures shall be measured as a complete unit in place. Payment shall be made at the contract unit price per complete unit.

Item 7 Asphalt Patching This pay item includes all materials, labor, equipment, and supervision necessary to install asphalt patching.

Areas identified for remove and replace repairs will be marked on the ground by the Project Manager.

Asphalt shall be either saw cut or removed with pneumatic chisels for full depth leaving the remaining asphalt with a straight, vertical edge. Any asphalt to remain that is loosened or damaged by the Contractor in any way shall be removed and replaced at the Contractor's expense. Removed asphalt shall be disposed of off state property in a responsible manner. Place 4”aphalt pavement patch using methods described in Section 02513, 7. I., of the attached specification. Final surface of the patch should be at the same elevation as the surrounding pavement. Specific work items include: Cutting of asphalt, removal and disposal of all materials, sub-grad preparation, tack coat, hot mixed asphalt, compaction and site clean-up.

Payment will be made at the contract unit price, for all work covered under this section.

Item 8 Clean Imported Embankment Fill The unit price for this item shall include supplying, placing, and compacting clean fill in accordance with the Drawings and Specifications or as otherwise directed by the Project Manager. Measurement and payment for this item will be by the Cubic Yard of material placed, complete at proper moisture. The method to bring mixture to optimum moisture will not be measured or paid for separately, but shall be included in the unit price for this item. Imported soil to be free of rocks and organic material no greater than 6” in diameter, moisture treated and compacted to 95% of a standard proctor. The volume of quantities will not be remeasured but will be the amount designated in the Contract.

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Items 9-11 Time & Equipment Payment will be made at the contract unit price for the number of hours operated or worked and includes operator, fuel, labor, tools and all support necessary for operation. A total of two hours for mobilization/demobilization will be paid on each piece of equipment requested not already located at the job site. The number of hours worked will be turned into the Project C.O.R. on Monday mornings for the previous week's work to be verified by the Inspector.

These items will only apply to additional construction requests by Colorado State Parks which are not included in other bid items. All work necessary for complete installation of other items will be included in the bid price for that item. Payment will be made at the contract unit price, per hour.

Item 9 Skid-Steer Loader

Item 10 Backhoe- John Deere series 410 or equivalent

Item 11 Tandem Dump Truck (12 Yd.)

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 have 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 base 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.

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BID SCHEDULE – Documented Quote

Rifle Gap State Park – Vaulted Toilet Replacement Project

Project Bid No: RQS2015..1002

(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 120 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 L.S. Demolition & Removal of Existing Vault Toilet & Dumpster Enclosure

3. 1 Ea. Pre-Cast Double Vault Toilet – CXT Tioga as Specified

4. 165 S.F. 4 Inch – Concrete Flatwork

5. 165 S.F. 6 Inch – Concrete Flatwork (Dumpster Apron)

6. 1 L.S. Dumpster Enclosure

7. 1 L.S. Asphalt Patching

8. 30 C.Y. Clean Imported Embankment Fill

9. 40 HRS Skid-Steer Loader

Rifle Falls State Park – Vault Toilet Replacement Project Page 6

BID SCHEDULE – Documented Quote Rifle Gap State Park – Vaulted Toilet Replacement Project

Project Bid No: RQS2015..1002

10. 40 HRS Backhoe - John Deere series 410 or equivalent

11. 40 HRS Tandum Dump Truck

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#:

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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.

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.

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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.

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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.

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

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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.

Colorado Department of Natural Resources

Rifle Falls State Park – Vault Toilet Replacement Project

Project Specifications

DEMOLITION

PART I – GENERAL

DESCRIPTION OF WORK

Work in this section includes the demolition and removal of designated structures as indicated on the drawings or as specified herein. Structures slated for demolition consist of one masonry vaulted toilet buildings, including the removal of the vault/holding tanks and associated concrete flatwork as designated on the contract drawings. The Contractor shall provide for the removal and disposal of all materials, at an approved off‐site location.

REGULATORY REQUIREMENTS

The Contractor shall conform to all State, county and local codes and ordinances for demolition of structures, public safety, safety of adjacent structures and associated amenities, dust control, drainage run‐off control and disposal of all materials. The Contractor shall conform to applicable regulatory procedures when discovering hazardous or contaminated materials.

The Contractor shall notify all public utilities involved prior to starting work and comply with their requirements.

SCHEDULING

The Contractor shall coordinate the demolition schedule with the State’s representative to accommodate operations of the Park.

PART II – PRODUCTS

Fill Materials – Use fill materials suited to the future use of the site. The Contractor shall request approval from the State’s representative prior to utilizing any undesignated backfill materials.

PART III – EXECUTION

General – The Contractor shall notify the State’s Representative one week in advance of when demolition operations will begin, to allow for the Division (Parks) to salvage wanted materials.

The Division (Parks) retains the first right of refusal for all items designated for demolition. All items designated by Parks to be salvage shall be removed prior to the Contractor starting demolition.

The Contractor shall provide, erect and maintain temporary safety barriers and security devices at all locations where demolition operations will occur. Verify full extent of demolition with the State’s representative prior to commencing.

Conduct all demolition operations with minimum interference to adjacent structures and public assesses. The Contractor shall provide necessary dust and erosion control under the direction of the State’s representative during the course of operations.

Buildings and Associated Sitework – The Contractor shall disconnect, remove, cap and identify all designated utilities within the proposed demolition area. Mark all locations of capped utilities and irrigation lines. Level and stockpile all structures, remove all foundation walls, footings and vaults of all structures designated for demolition.

Backfill areas of excavated, open pits and holes caused as a result of demolition. Compact all sub‐grade’s and any necessary backfill in a manner that will support the installation of proposed structures.

Dispose of all demolished materials at an approved off‐site location. Do not burn or bury materials on site. Leave site in a clean condition.

END OF SECTION

PRECAST CONCRETE VAULTED TOILET BUILDINGS

PART I ‐ GENERAL

Work of this Section includes all materials and labor required in the placement of several precast concrete vaulted toilet buildings at various locations throughout the park. The proposed precast concrete toilet buildings are to be located in accordance with the site plans. Generally, work will include: site preparation and grading, excavations for structures, structural backfill, pad construction, buildings and building installation. Associated sitework, which will be measured and paid for separately, may include: concrete flatwork, connecting sidewalks and trails and construction of adjacent parking lots.

APPROVED MANUFACTURERS

This specification is based on products manufactured or furnished by:

CXT, Inc., Spokane Industrial Park, 3808 N. Sullivan Rd. Bldg. 7, Spokane, WA 99216, Ph#: (800) 696‐5766. Sales Representative: Kurt Mee (303) 552‐1843 Products: Double Unit – “Tioga” (w/o storage chase).

Equivalent products of other manufacturers will be acceptable subject to compliance with design, function, materials and finish requirements of specified products or systems. The utilization of alternative products must be pre‐approved by the State prior to construction.

CODE COMPLIANCE AND STANDARDS

All work and materials shall comply with the latest industry building codes and regulations, including but not limited to the following:

International Building Code (IBC)‐Latest Edition Americans with Disabilities Act Accessibility Guidelines (ADAAG) –July 2004 Recommended Practice for Selecting Proportions for Quality Control for Plants and Production of Precast Prestressed Concrete Products (ACI 211.1) ‐ Latest Edition

QUALITY ASSURANCE

Structure systems are to be pre‐engineered and certified by a Professional Engineer registered to practice in the State of Colorado. Precast concrete vaulted toilet buildings shall be installed by a representative of the manufacturer or by individuals who can exhibit experience installing this building type. Experience references for the installers shall be made available to the Division.

DESIGN CRITERIA

Members to withstand dead load and design loads due to pressure and suction of wind gravity calculated in accordance with latest version of the International Building Code.

Snow Load = 350 psf Seismic = Group 1 / Category E Wind Speed = 150 mph, wind exposure C Designs shall meet the Americans with Disabilities Act Accessibility Guidelines (ADAAG)

BUILDING DESCRIPTION

CXT “Tioga” Vaulted Toilet Building ‐ The precast concrete, double vaulted toilet building shall be installed in strict accordance with the manufactures recommendations. The building is constructed of reinforced concrete and has an overall building dimension of 16'‐10" x 11'‐11". The building provides two single unit vaulted restrooms. Each building compartment has a separate outside door.

Specific building components are identified below. Add solar Lighting and exterior stack fans.

SUBMITTALS

Submit the following for approval:

Product Data – Provide manufacturer’s order form, color samples and standard color charts for all exterior finishes including wall and roofing. Provide shop drawings indicating building component layout. Provide final drawings and engineering calculations for the building design and layout, affixed with the proper engineer’s seal. Certify that the building meets all requirements for the Colorado Division of Housing and contains that agency’s tag.

WARRANTY

Precast concrete vaulted toilet buildings and all of their associated components shall be warranted against defects in materials and workmanship for a period of not less than one year from the date of Final Acceptance. Vault liners shall be warranted against leaks for a period of not less than seven years.

PART II ‐ PRODUCTS

A. General ‐ Furnish and install precast concrete vaulted toilet buildings, as described below.

Complete installations shall be coordinated with the manufacturer. All building models and components shall be in compliance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

B. Double Unit Vaulted Toilet ‐ CXT, Tioga model (or approved equal), double unit, reinforced concrete. Vaulted toilets shall be constructed to meet all aspects of Sweet Smelling Technology as developed by Brain Cook of the U.S. Forest Service. The vaulted restroom facility shall come complete and shall include the following features:

Concrete Structure 5000‐psi (28 days) colored concrete with integral earthtone color, barnwood textured exterior walls and a simulated shake shingle roof.

The concrete shall be reinforced with steel mesh and/or rebar.

“Fibermesh” shall be incorporated in the concrete mix during batching process to control cracking. Exterior finish shall include an anti‐graffiti exterior sealer.

Interior Finishes floor: 1‐part water based epoxy with silica sand, color gray. Walls and ceiling:

modified acrylic, water repellent penetrating stain, color white

Grab Bars 18 ga., type 304 stainless steel Toilet Paper Disp. two roll, stainless steel Doors steel, 1‐3/4" panel, min. 16 ga. construction, w/sweep Door Hinges 4‐1/2" x 4‐1/2", adj. tension, automatic closing Lockset ANSI A156.2 Series 4000, Grade 1

Coordinate keying requirements with C.O.R.

Dead Bolt double cylinder, US26D finish Door Stop cast metal base, US26D finish Coat Hook double, type 304 stainless steel

Wall Vent cast in wall, insect screen Windows frame steel construction, glazing 3/16" translucent polycarbonate Toilet Riser 18 in. white cross‐linked polyethylene w/ high impact polystyrene toilet seat and lid Waste Vault 1,000 gal. min. (each side) capacity concrete vault equipped with an integral liner that insures complete containment. Vaults shall be warranted against leaks for a period of not less than seven (7) years.

Vault Access Hatch shall be constructed of ¼ in. diamond plate steel, hinged and configured so that it can be locked w/ a padlock. A gasket shall be installed to provide an air tight seal.

Accessories: Solar Lighting and solar fans.

Signage 12" x 24", “Unisex” accessible signs

PART III ‐ EXECUTION

A. General – Precast concrete vaulted toilet buildings are to be installed in strict accordance with the manufacturer’s instructions. The Contractor shall coordinate with the manufacturer to determine responsibilities for total project requirements. Building installer shall be either employed by the building manufacturer or pre‐approved by the Project Manager. Installer shall be thoroughly acquainted with installation requirements prior to beginning construction. Work shall be coordinated with sitework construction as a part of, or adjacent to, building installations.

Prepare building excavation in accordance with the manufacturer’s requirements and install structural base material as detailed. Complete adjacent sitework as directed in the field. Contractor shall grade the site to obtain positive drainage away from all structures. Topsoil, fine grade and seed all areas of construction disturbance in accordance with other sections of these specifications.

Thoroughly clean all surfaces, interior and exterior, making facility ready for public use.

MINOR EARTHWORK / FINE GRADING

PART I – GENERAL

Work of this Section includes excavating suitable topsoil from stripping the natural ground cover on designated areas of construction disturbance that shall be occupied by the proposed concrete slab.

It shall include the placing of topsoil after construction and grading operations are completed. All work shall be according to these specifications and in close conformity with the lines and thickness shown on the drawings or as directed.

Fine grading by hand or other means as approved by Project Manager shall be required after topsoil placement to provide a smooth surface free from irregularities and visible undulations.

PART II – PRODUCTS

Topsoil ‐ Topsoil shall consist of loose friable loam, reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material that would be detrimental to the proper development of vegetative growth, including construction debris.

PART III – EXECUTION

A. Topsoiling ‐ Materials selected for topsoil and found within the clearing limits shall be excavated and stockpiled at locations designated in a manner conducive to quantity measurements. Depth of topsoil excavation is 4 inches minimum, unless otherwise noted. Topsoil shall not be placed until the areas to be covered have been properly prepared and grading operations in the areas have been completed. Topsoil shall be placed and spread in all areas of construction disturbance to a depth of 4 inches minimum, unless otherwise noted.

All loose exposed rock larger than 6 inches in diameter shall be removed from the surface to facilitate the seeding.

B. Fine Grading ‐ The finished grade shall be brought to elevations shown and sloped to drain water away from structures and provide positive drainage for surface water runoff. Finished surfaces shall be smooth, even and satisfactory to the Project Manager. Surface debris from fine grading operations shall be disposed of in areas as directed by the Parks staff.

Sitework Concrete (4 in. & 6 in. Flatwork)

DESCRIPTION OF WORK

Work of this Section includes furnishing and placing natural Portland cement concrete associated with the sitework (concrete flatwork) shown on the drawings. This Section includes, but is not necessarily limited to concrete sidewalks and dumpster pad.

SUBMITTALS

Submit the following for review and approval:

Design Mixture ‐ Contractor shall submit the proposed concrete design mixture for review by the C.O.R. per the requirements of ACI 301‐96, Section 4.2. Include fibermesh reinforcement.

Product Data ‐ Provide product data sheets for all curing/sealer compounds.

QUALITY ASSURANCE

Tolerances ‐ Construction tolerances, used as a basis of acceptance, shall conform to the requirements of ACI 117 ‐ “Standard Tolerances for Concrete Construction and Materials” and shall meet the following minimum levels of acceptance:

1) Variations from level or grades indicated on the drawings in floors or slabs: ¼‐inch in 10‐feet.

2) Variation in thickness of slabs and walls: (minus) ‐¼‐inch, (plus) + ½‐inch.

3) Variation in longitudinal or transverse slope: ± .003/ft, of what is indicated on the drawings.

4) Variation on established spot elevations: ± 0.1 ft., of what is indicated on the drawings.

INSPECTION

The Contractor shall have all scheduled concrete pours approved by the Project Manager a minimum of 24 hours prior to placement.

Ready‐Mix Concrete: Measure, batch, mix and deliver concrete in conformance with ASTM C94.

Delivery tickets shall be submitted to the Project Manager, if requested. Information on batch tickets shall include: gallons of water added by truck operator, plus quantity of concrete in the truck each time water was added; number of drum revolutions at mixing speed; discharge time; location of batch in placement; water cement ratio.

ENVIRONMENTAL REQUIREMENTS

Concrete, when deposited, shall have a temperature between 50 and 85F. In freezing weather, provide cold weather protection to maintain concrete temperature not lower than 70F for 3 days, or 50F for 5 days after placing.