DIVISION OF PARKS & WILDLIFE

PLANS AND SPECIFICATIONS

FOR

Yampa River State Park- Shade Shelter Installation

MANDATORY SHOW DATE: August 20, 2015, 1:30 p.m.

Yampa River State Park Hayden, CO 815639

BID OPENING: September 03, 2015, at 1:30 p.m.

Northwest Regional Service Center 711 Independent Ave.

Grand Junction, CO 81505

CONTACTS

OWNER (CPW)

Colorado Division of Parks and Wildlife Northwest Regional Service Center 711 Independent Ave.

Grand Junction, CO 81505

Aaron Fero, Northwest Assistant Regional Manager

(970) 255-6145

Ron Dellacroce, Yampa Park Manager

(970) 276-2061

Steve Ryan, P.E., Project Manager

(970) 255-6190 Steve.ryan@state.co.us

END OF SECTION

mailto:Steve.ryan@state.co.us

TABLE OF CONTENTS

Pages

BIDDING AND CONTRACT INFORMATION (CPW)

Advertisement for Bid Instructions for Bidders Contractor’s Qualifications and References Sample Contract Emergency Modification Sample Contract Modification Performance Bond Form Labor & Material Bond Form Special Provisions Bid Schedule

DIVISION 01 - GENERAL REQUIREMENTS (CPW)

SECTION – 01010 ......................................... Summary of Work and Basic Requirements SECTION – 01150 ................................................................ Measurement and Payment SECTION – 01200 .................................................................................. Project Meetings SECTION – 01300 ........................................................................................... Submittals SECTION – 01310 ........................................................................ Construction Schedule SECTION – 01500 ............................................................... Testing Laboratory Services SECTION – 01700 .............................................................................. Contract Close-Out

DIVISION 2 - SITE WORK

SECTION – 02886 .................................................................................... Shade Shelters

DIVISION 3 – CONCRETE

SECTION – 03290 ............................................................................... Sitework Concrete

DIVISION 5 – METALS

SECTION – 05100 ...................................................... Structural and Miscellaneous Steel

DIVISION 9 – PAINT

SECTION – 09900 ............................................................................................... Paintingl

APPENDICES

Appendix A ......................... General Requirements & Covenants for Capital Construction

Appendix B ......................................................................................................... Drawings

END OF TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS

August 14, 2015

WORK SUMMARY

The Colorado Division of Parks and Wildlife is accepting sealed bids for the installation of Shade Shelters at four locations along the Yampa River. There will be 15 at the Headquarters location, 2 at Maybell, 3 at Duffy Mountain, and 2 at Juniper Canyon, for a total of 22 shade shelter installations. Include in this bid all labor, materials and equipment associated with the assembly and installation of pre-fabricated steel shade shelters, concrete foundation, gravel pads, and fine grading. Due to prevailing winds, sun conditions and differing site locations, all new shelters installation locations will be coordinated with the project manager. The existing fire rings, grills, and parking blocks will need to be pulled, the pads expanded, new shelters placed, and the site reconstructed (fire rings, grills, and parking blocks). Included in this bid all labor, materials and equipment associated with the assembly and installation of pre-fabricated steel shade shelters.

A Mandatory Pre-Bid meeting is to be held at 1:30 p.m., on Thursday, August 20, 2015, to inspect the project site and answer questions. Meeting will start at the Yampa River Headquarters building.

The Headquarters building is located on HWY 40 between Craig and Hayden. The phone number for the Yampa River State Park is (970) 276-2061. Questions related to this project shall be directed to S t e v e R y a n at (970) 255-6190. All questions shall be submitted in writing on company letterhead. The deadline for questions is Friday, August 28, 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/ Reference Bid #2016….038

Advertisement Date:

August 14, 2015 – Colorado Vendor Self Service

Bid Proposals will be accepted until 1:30 p.m. on Thursday, September 03, 2015 at1:30 pm (MDT). at the Colorado Division of Parks & Wildlife, Northwest Regional Office, 711 Independent Ave.Grand Junction, CO 81505, after which the bids will then be made public.

A five-percent (5%) Bid Bond, certified check, or cashier’s check is required with bid proposals of $100,000 or more.

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

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

mailto:steve.ryan@state.co.us

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.

Mandatory Pre-Bid meeting, Thursday, August 20, 2015, @ 1:30 pm Written Question Due Friday, August 28, 2015 at 10:00 am (MDT) Bids Due Thursday, September 03, 2015 @ 1:30 pm Notice of Award Tuesday, September 14, 2015 (Tentative) Notice to Proceed September 21, 2015 (Tentative) Project Completion June 06, 2016 (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.

INSTRUCTIONS TO BIDDERS

1. Bidders must review the plans, specifications, construction site and conditions, and determine the problems that may be encountered in performing the work. The bidder shall include any costs associated with his findings in the process quoted in the proposal.

2. The price quoted in the proposal shall include the costs of labor, materials, equipment, and incidentals required to provide a fully complete and functioning unit requested in the plans and specifications. The price stated in the proposal shall be complete and total payment for each item in the proposal. No additional payment will be made for the work stated in the proposal.

3. All Work must conform to the requirements stated in the "General Requirements and

Covenants for Capital Construction (the GRCs).” This document is provided as Appendix A of these specifications. The bidder shall perform a majority of the work with their own organization, in accordance with Section 8.1 of this document. Failure to meet this requirement will result in rejection of a bid as nonresponsive.

4. The bidder shall write in words and figures the unit price of each bid item on the lines provided in the attached Bid Schedule. If a conflict exists for the unit price between the written words and the figures, the written words shall take precedence. The bidder shall also write in figures the total price of each bid item on the line provided.

The bidder shall indicate if they are a SDVOSB in the check boxes on the bid form.

Proof of current registration as an SDVOSB shall be included with the bid.

The bidder shall indicate the percentage of the work that will be performed by their organization in the spaces provided.

5. The bidder is required to submit a bid bond for the amount of five-percent (5%) of the proposal's total price, together with the proposal. The Bid Bond shall use the State form presented in these specifications, and the bond shall conform to the requirement stated in the General Requirements and Covenants for Capital Construction. A bid guarantee must be submitted in the form of a firm commitment, such as a bid bond, bank money order, certified check, or cashier's check. Checks or money orders should be made payable to the Treasurer, State of Colorado. If a bid bond is submitted, the State form shall be used. An irrevocable letter of credit is not acceptable as a bid guarantee. Bid guarantees, other than bid bonds, will be returned (a) to un-successful bidders as soon as practicable after the opening of bids, and (b) to the successful bidder upon execution of such further contractual documents and bonds (including any necessary coinsurance or reinsurance agreements) as may be required by the bid as accepted.

Failure to furnish a bid guarantee in the proper form and amount by the time set for opening of bids may be cause for rejection of the bid.

6. The bidder is required to submit a completed “Contractor’s Qualification Statement” with their proposal. The statement form is presented in these specifications, and shall be the form submitted.

7. The successful bidder will be required to submit proof of insurance at the time of executing the agreement.

8. The successful bidder is required to procure and maintain the insurance coverage listed below. Proof of insurance must be submitted on certificates showing the following minimum coverage:

A. Standard Worker’s Compensation and Employer Liability, as required by State

Statue including occupational disease, covering all employees at the work site.

B. Commercial General Liability Insurance covering premises operations, fire damage, independent contractor, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

1. $1,000,000 each occurrence;

2. $1,000,000 general aggregate;

3. $1,000,000 products and completed operations aggregate; and

4. $50,000 any one fire.

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

6. Certificates of insurance must be provided to the State within ten (10) working days after receipt of Award; and, C. 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.

9. The state of Colorado must be named as an additional insured on the Commercial

General Liability Insurance policy. Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

10. The Contract 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.

11. The Colorado Division of Parks and Wildlife shall be listed as a Certificate Holder on the contractor’s insurance form

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

13. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State.

14. The bidder is not to give any information concerning his proposal to any other bidder or receive any information concerning another proposal.

15. Unit price quantities stated in the proposals are estimates only and may vary when constructed. The Contractor will perform the required quantity of work for the unit price stated in the proposals except as provided in Section 4.2 of the General Requirements of Covenants for Capital Construction. In case of an error or confusion between a unit price and its extension when multiplied with the quantity on the bid schedule, the unit price shall govern.

16. The successful bidder shall furnish bonds in the amount of one hundred percent (100%) of the contract price for performance and for material and labor payment. The bonds shall be executed on the standard State of Colorado, Office of the State Architect, State Buildings Programs Form. These bonds will be submitted along with the standard State Agreement form within ten (10) days of the "Notice of Award".

If the successful bidder, upon acceptance of his bid by the OWNER, fails to execute such further contractual documents, and give such bond(s) (including any necessary coinsurance or reinsurance agreements) as may be required within ten (10) days after receipt of the Notice of Award, the contract may be terminated for default. In such event the CONTRACTOR shall be liable for any cost of procuring the work which exceeds the amount of his bid, and the bid guarantee shall be available toward offsetting such difference.

17. The Division of Parks and Wildlife reserves the right to reject any or all proposals, to waive informalities, and to accept any proposals deemed desirable.

18. Bids shall be submitted on the bid form furnished. Bids must be manually signed in ink, and all addenda must be acknowledged. All bid items must be priced or the bid will be disqualified. In case of error in the extension of price, the unit price shall govern.

Provide bid, bid bond, and contractors qualification statement in a sealed envelope marked "Proposal" and the project's name, deliver to the Colorado Division of Parks and

Wildlife, Northwest Regional Office, 711 Independent Ave., Grand Junction, Colorado 81505, before the advertised closing time for accepting proposals.

19. All questions related to this project shall be directed to the project manager, Steve Ryan at Steve.Ryan@state.co.us All questions shall be submitted in writing on company letterhead. The deadline for questions is Friday, August 28, 2015 by 10:00 am (MDT).

Questions submitted after the deadline will not be addressed. All questions and answers will be posted on the Colorado VSS website.

20. If the bidder is a corporation, use the corporate signature block, insert the name of the state in which the company was incorporated and include the Federal Employer Identification Number (F.E.I.N.) in the appropriate spaces. A corporation officer must sign the proposal. Cross out incorrect titles and insert correct ones, if necessary.

21. If the bidder is a proprietorship, use the sole proprietorship signature block, print in the owner's name, Social Security number, and the business name in the blanks provided and the owner signs the owner blank.

22. If the bidder is a partnership, use the partnership signature block. Cross out the word

"limited" if the partnership is a general one. Print each partner's name and note the proportion of the partnership that each partner has. The majority or general partner must sign the proposal. The same person must sign the contract, if awarded. Also, print the company name in the appropriate space.

23. Complete the Minority Business Statement on the signature page. Cross out that which is inappropriate.

24. The Colorado Division of Parks and Wildlife is exempt from paying sales tax. Any materials and supplies purchased for this contract are exempt. The Contractor and his subcontractors will be required to obtain a tax-exempt number through the State Department of Revenue.

25. Monitoring and Evaluation Requirements

Performance and monitoring measures are included in the work scope and solicitation documents as required in C.R.S. §24-103.5-101(2). The following processes and activities for the contract will be followed:

• Performance and monitoring measures included in the original contract (Bid

Documents).

• Certification that performance and monitoring measures are in place in the original contract.

• Annual Review and Certification that vendor is complying with terms of the contract.

• Final evaluation at the conclusion of the contract.

• Vendor Review of the final Evaluation and the ability to comments.

• Evaluation and vendor comments posted on CMS.

mailto:Steve.Ryan@state.co.us

26. Addendums: Any and all addendums will ONLY be posted on the State of Colorado Bids Website: https://www.ColoradoVSS.com/. It is the bidding Contractor’s responsibility to verify all addenda, and acknowledge them on the bid form.

27. Bid Item Modification/Contract Award: In accordance with the General Requirements and Covenants for Capital Construction, Section 2.11, after bids have been received, the State may choose to add, reduce, or eliminate any bid item or combination of bid items so the construction Contract shall not exceed the encumbered funds allocated for this project. The contract shall be awarded to the low bidder of the bid items selected by the State.

CONTRACTOR’S QUALIFICATIONS AND REFERENCES

Interested firms shall submit as an attachment to the bid proposal one (1) copy of the following document. Failure to provide a completed Contractor’s Qualification Statement with the sealed bid proposal will result in disqualification. This format can be expanded up to five (5) total pages maximum.

1. Provide summaries of three (3) similar construction projects in the past five (5) years that include architectural metal and sitework of similar scope. Include the project name, contract value, and a brief description of the work.

Project #1:

Project #2:

Project #3:

2. Provide reference information for the example projects. Include the owner’s name, the reference point of contact, and their phone number.

Project #1:

Project #2:

Project #3:

STATE OF COLORADO

CONTRACT AGREEMENT

THIS AGREEMENT, Made this _________ day of _____ 2013, by and between the STATE OF COLORADO for the use and benefit of the Department of Natural Resources, Division of Parks and Wildlife, hereinafter referred to as the State, and «company_name», hereinafter referred to as the Contractor.

Agency Number:

Contract Routing No.:

Fund Number:

Organization: Program:

Appr. Code:

Object Code:

Grant Budget Line:

RPTC:

Project Number:

CE #:

PJA

xxx «pj_fund» «pj_org» «pj_appr» «pj_obj» «pj_gbl» «pj_rptc» «pj_proj_nr» «pj_ce_nr»

WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment; and

WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and

WHEREAS, the State desires the construction of «project_name»; Project/Bid Number, and capacity to fulfill necessary requirements by the date required.

NOW THEREFORE, it is hereby agreed that:

1. The Contractor will in good workmanlike manner at the contractor’s own cost and expense and strictly in accordance with the Contract documents, as defined in the General Requirements and Covenants for Capital Construction, published by the Division of Parks and Outdoor Recreation in 1996 and as supplemented in January 2002, a form of which is attached as Exhibit A, furnish all materials and do all work described or shown in, or reasonably implied by the Contract documents.

2. The contract documents, including this Agreement, as described in the General Requirements and Covenants, published by the Division of Parks and Outdoor Recreation in 1996, and as supplemented in January 2002, (see Exhibit A), together with such alterations and modifications as may be in accordance with the provisions of the plans and specifications, are each and all incorporated by reference and made a part of the project Contract.

3. The STATE OF COLORADO agrees to pay the Contractor for performance of this agreement, subject to any additions or deductions as provided in the Contract documents, the sum of «tot_bid_amt». The State of Colorado reserves the right to adjust the contract amount for estimated quantities of work to be performed and materials to be furnished by issuing a Final Quantities Contract Modification Agreement a form of which is attached as Exhibit B. All modifications to the project scope and/or price as described in the General Requirements and Covenants for Capital Construction shall be accomplished by the issuance of a Standard or Emergency Contract Modification Agreement a form of which is attached as Exhibit B.

4. Time is of the essence in the performance of the contract, and work shall begin under the Contract within 10 days from date of "Notice to Proceed". Contractor agrees to proceed with due diligence, completing all specified work within «days allowed» days from said date unless additional time shall be allowed by the State through the issuance of a Contract Modification Agreement (see Exhibit B) or other methods as described in the General Requirements and Covenants for Capital Construction.

5. The Contractor agrees that his failure to complete the work within the time allowed shall be considered as a breach of the Contract and entitles the STATE OF COLORADO to collect liquidated damages for delay in completion in the amount specified in the Invitation for Bids or any supplement thereto and according to the General Requirements and Covenants for Capital Construction, published by the Division of Parks and Outdoor Recreation in 1996 and as supplemented in January 2002, (see Exhibit A).

6. The contractor agrees to do the work in a first class, substantial and workmanlike manner to the reasonable satisfaction of the STATE OF COLORADO and its Architect/Engineer in strict accordance with the provisions of the Contract documents.

7. The contract is not assignable without written consent of both parties.

8. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.

9. In the event of conflicts or inconsistencies between the contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority:

• Colorado Special Provisions,

• Agreement; including Contract Modification Agreements,

• General Requirements and Covenants for Capital Construction (dated 1996),

• Invitation for Bids,

• Specifications and

• Contractor’s Proposal

10. SPECIAL PROVISIONS

The Special Provisions apply to all contracts except where noted in italics.

1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee.

2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.

4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor 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 the State, and (c) be solely responsible for its acts and those of its employees and agents.

5. COMPLIANCE WITH LAW. Contractor 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.

6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision 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. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution.

7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.

9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests.

10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to 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 child support 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.

11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall 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 Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.

12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, 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 one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract.

Revised 1-1-09

THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK

THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT

* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor’s behalf and acknowledge that the State is relying on their representations to that effect.

CONTRACTOR

Legal Name of Contractor

By: Name of Authorized Individual Title: Official Title of Authorized Individual

*Signature

Date: _________________________

John W. Hickenlooper, GOVERNOR Department of Natural Resources

Mike King, Executive Director

By:_______________________________________ Signature

2nd Contractor Signature if Needed

LEGAL REVIEW

John W. Suthers, Attorney General

By:_______________________________________________

Signature - Assistant Attorney General

Pre-Approved Form Contract Reviewer

By _________________________

ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER

CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By:___________________________________________

Susan Borup, Controller

Date:_____________________

EXHIBIT A

Emergency Contract Modification Agreements

(Emergency Contract Modification Agreements may not be used when the resulting adjustment in price exceeds twenty per cent of the current total contract value. The standard modification process is required in these instances.)

The Principal Representative of the Division of Parks and Wildlife may direct changes in the work within the scope of the contract through the issuance of an Emergency Contract Modification Agreement (CMA) only upon the threat to life or property or the likelihood that delays in processing will result in substantial delays and/or significant cost increases. If the amount of the adjustment in contract price and/or time can be determined at the time of issuance of the Emergency CMA, those adjustments shall be reflected upon the face of the Emergency CMA. Otherwise, the Emergency CMA shall reflect a not to exceed amount for the change to the contract value. Said amount shall represent the maximum amount of adjustment to the contract price and/or time to which the contractor will be entitled, including direct and indirect costs of the changed work, as well as any direct or indirect costs attributable to delays or inefficiencies arising because of the change. For Emergency CMA’s where the price and/or time have not been determined at the time of issuance, the contractor shall submit a complete written proposal for adjustment within seven (7) days of the date of issuance.

Final processing of an adjustment in price and/or time for the above process will be completed by the routing of a Standard CMA to the State Controller’s Delegate at the Department of Natural Resources which shall include a copy of the Emergency CMA and a copy of the contractor’s written proposal, if applicable.

07/03/2003

EXHIBIT B ENCUMBRANCE#

ROUTING#

Emergency Standard Final Quantities

CONTRACT MODIFICATION AGREEMENT

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF PARKS AND WILDLIFE

PROJECT: GBL No.:

FUND No.:

ORG No.:

APPR No.:

C.E. No.

C.M.No.

Project No:

CONTRACTOR:

The changes and explanation for each change requested are as follows:

INCREASES:

New Item No. x

Increase x

TOTAL INCREASES =$x

DECREASES:

Item No. x

Decrease x

TOTAL DECREASES = $ x

TOTAL INCREASES/DECREASES IN CONTRACT MODIFICATION #_____ = $ x

Original Contract Amount: $0.00 Previous C.M. Amount: $0.00 Amount of this Change Mod: $0.00

(X) INCREASE or ( ) DECREASE or ( ) NO CHANGE

TOTAL CONTRACT AMOUNT: $ 0.00

We hereby recommend acceptance and approval of change to contract with an increase (X), decrease ( ), no change ( ) of $0.00. Contract completion time is extended CALENDAR days.

It is expressly agreed by the parties that this amendment is supplemental to the original Contract Routing Number , dated , [as amended , Contract Routing Number , collectively] referred to as the "original contract," which is, by this reference, incorporated, and made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this amendment as though they were expressly rewritten, incorporated, and included herein.

DIVISION OF PARKS AND WILDLIFE

Approved by Project Manager:________________________________________

Approved by Regional Manager:_______________________________________

Date:_____________

Date:_____________

I hereby accept this order both as work to be performed and prices on which payment is based:

* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor’s behalf and acknowledge that the State is relying on their representations to that effect.

CONTRACTOR

Legal Name of Contractor

John W. Hickenlooper, GOVERNOR

Mike King, Executive Director

By:_______________________________________ Signature

2nd Contractor Signature if Needed

Title: Official Title of Authorized Individual

LEGAL REVIEW

John W. Suthers, Attorney General

By:_______________________________________________

Signature - Assistant Attorney General

Pre-Approved Form Contract Reviewer

By _________________________

ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER

CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By:___________________________________________ Susan Borup, Controller

Date:____________________

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

PERFORMANCE BOND

Institution/Agency:

Project No./Name:

KNOW ALL PERSONS BY THESE PRESENTS:

That the Contractor as Principal and hereinafter called “Principal,” and as Surety and hereinafter called “Surety,” a corporation organized and existing under the laws of are held and firmly bound unto the STATE OF COLORADO acting by and through

(AGENCY OR INSTITUTION)

hereinafter called the “Principal Representative”, in the sum of Dollars ($ ) for the payment whereof the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents.

WHEREAS, the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, hereinafter called “Contract,” dated , 20 , for the construction of a PROJECT described as which Contract is hereby by reference made a part hereof;

BONDING COMPANY: DO NOT MAKE ANY CHANGES TO THE LANGUAGE IN THIS BOND.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that, if the Principal shall promptly, fully and faithfully perform all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term of said Contract any extensions thereof that may be granted by the Principal Representative with or without notice to the Surety, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

AND THE SAID SURETY, for value received hereby stipulates and agrees that whenever the Principal shall be, and declared by the Principal Representative to be in default under said Contract, the State of Colorado having performed its obligations thereunder, the Surety may promptly remedy the default or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for submittal to the Principal Representative for completing the Contract in accordance with its terms and conditions, and upon determination by the Principal Representative and Surety of the lowest responsible bidder, arrange for a contract between such bidder and the State of Colorado acting by and through the Principal Representative and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion, less the balance of the contract price but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount hereinbefore set forth. The term “balance of the contract price” as herein used shall mean the total amount payable to the Principal under the Contract and any amendments thereto, less the amount properly paid by the State of Colorado to the Contractor.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the State of Colorado.

IN WITNESS WHEREOF said Principal and Surety have executed this Bond, this day of , A.D., 20 .

(Corporate Seal) THE PRINCIPAL

ATTEST:

By:

Title:

Secretary

(Corporate Seal) SURETY

Attorney-in-fact

THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED

Note: This bond is issued simultaneously with another bond conditioned for the full and faithful payment for all labor and material of the contract.

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

LABOR AND MATERIAL BOND

Institution/Agency:

Project No./Name:

KNOW ALL PERSONS BY THESE PRESENTS:

That the Contractor as Principal and hereinafter called "Principal," and as Surety and hereinafter called "Surety," a corporation organized and existing under the laws of are held and firmly bound unto the STATE OF COLORADO acting by and through (agency or institution) hereinafter called "Principal Representative," and to all subcontractors and any others who have supplied or furnished or shall supply or furnish materials, rental machinery, tools, or equipment actually used in the performance of the hereinafter identified Contract, or who have performed or shall perform labor in the performance of or in connection with said Contract, hereinafter called "Obligees" in the sum of Dollars ($ ) together with interest at the rate of eight per cent (8%) per annum on all payments becoming due in accordance with said Contract, from the time such payments shall become due until such payment shall be made, for the payment of which, well and truly made to the Obligees, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents.

WHEREAS, the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, hereinafter called "Contract," dated _______________, 20 for the construction of a PROJECT described as which Contract is hereby by reference made a part hereof;

BONDING COMPANY: DO NOT MAKE ANY CHANGES TO THE LANGUAGE IN THIS BOND.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal and the Surety shall fully indemnify and save harmless the State of Colorado and the Principal Representative from and against any and all costs and damages, including patent infringements, which either may suffer by reason of any failure or failures of the Principal promptly and faithfully to perform all terms and conditions of said Contract and shall fully reimburse and repay the State of Colorado and the Principal Representative all outlay and expense which the State of Colorado and the Principal Representative may incur in making good any such failure or failures, and further, if the Principal and his subcontractors shall duly and promptly pay for any and all labor, materials, team hire, sustenance, provisions, provender, rental machinery, tools, or equipment and other supplies which have been or shall be used or consumed by said Principal or his subcontractors in the performance of the work of said Contract , and it said Principal shall duly and promptly pay all his subcontractors the sums due them for any and all materials, rental machinery, tools, or equipment and labor that have been or shall be furnished, supplied, performed or used in connection with performance of said Contract, and shall also fully indemnify and save harmless the State of Colorado and the Principal Representative to the extent of any and all expenditures which either or both of them may be required to make by reason of any failures or defaults by the Principal or any subcontractor in connection with such payments; then this obligation shall be null and void, otherwise it shall remain in full force and effect.

It is expressly understood and agreed that any alterations which may be made in the terms of said Contract or in the work to be done under said Contract, or any extension(s) of time for the performance of the Contract, or any forebearance on the part of either the State of Colorado or the Principal to any of the others, shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alteration, extension or forbearance being hereby waived.

IN WITNESS WHEREOF, the Principal and the Surety have executed this Bond, this day of , A.D., 20 .

(Corporate Seal) THE PRINCIPAL

ATTEST:

Title:

Secretary

(Corporate Seal) SURETY

Attorney-in-fact

C. THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED

Note: This bond is issued simultaneously with another bond conditioned for the full and faithful performance of the contract.

SPECIAL PROVISIONS

The provisions listed hereafter are specific for this contract only and do not apply to any other contract. Any provisions stated herein take precedent over any requirement of the General Requirements and Covenants for Capital Construction or other sections of this document. Any conflicting segment shall be void while the special provision is applicable. The Contractor is to review these special provisions and include any cost because of these provisions in the pay items of the proposal.

The Colorado Division of Parks and Wildlife (also known as “the Division” or “Owner”) shall not be obligated or liable for any cost incurred by any company or individual reviewing this proposed project or prior to the issuance of a contract approved by the Controller of the State of Colorado or such assistant as he may designate. Any and all costs, to review project, inspect the proposed construction site, prepare and or submit bid will be the responsibility of the bidder.

Applicable portions of the Colorado Department of Transportation (CDOT) “Standard Specifications for Road and Bridge Construction,” latest edition, have been used as a primary reference in the development of the following specifications. The CDOT specifications shall be utilized for purposes of clarification and further documentation for this contract.

A. Division Approval of Superintendent and Testing Lab The Contractor shall submit the names and qualifications of the construction superintendent and the independent testing laboratory to the Project Manager as soon as possible after the receipt of the Notice of Award (NOA). The Division may request personal interviews, and retains the right to reject the proposed candidates without reservation. If a candidate is rejected, the Contractor shall provide an alternative that is acceptable, and work shall not begin until approval is obtained.

B. Construction Schedule The Contractor shall submit a written work schedule and supporting data to the Owner and Project Manager as soon as possible after the receipt of the Notice of Award (NOA). The schedule shall describe key milestones and duration of project activities. The supporting data shall include a complete list of anticipated submittals and due dates, based on the requirements of the plans and specifications. It shall be the Contractor's responsibility to notify the Owner of any problem in conforming to the approved plans and specifications for any element of the proposed improvements prior to its construction

C. Schedule of Subcontractors and Major Equipment and Materials Suppliers The Contractor shall provide the Division, prior to the commencement of any work, a listing of subcontractors and major equipment and materials suppliers indicating their name, address, description of service or equipment and materials being provided, if they are a woman owned or minority owned business enterprise (WBE/MBE), and their vested monetary interest in the contract.

The Contractor shall not award any work to a subcontractor, transfer or assign any portion of the contract work, without the written approval of the Division. Records shall be maintained throughout the duration of the contract and periodically submitted at the time the Contractor submits progress payment applications. The Division will use these records to verify the Contractor’s level of indebtedness prior to making final payment.

D. Schedule of Values/Work Schedule The Contractor shall provide the Division for review and acceptance, and prior to the commencement of any work, a breakdown of the contract cost proposal into values representing the various distinct stages, or units of the whole project, as a basis for making partial and final payments. Work stages or specialty work items shall be described in terms of a percentage to the whole. The schedule of values shall be shown on a proposed time line estimating the actual work schedule. The schedule shall indicate starting and completion dates for the various stages of work and shall be in a format acceptable to the Division.

E. Stormwater Management Plan The contractor shall obtain a State stormwater control permit for this project. Associated with this permit, the contractor must submit a stormwater management plan to be approved by the Owner prior to the commencement of work.

F. Construction Traffic Control Plan A traffic, excavation,…