Colorado Parks and Wildlife

Plans and Specifications For

Lathrop State Park – Concrete Work

Lathrop State Park Huerfano County, Colorado

Mandatory Pre-Bid Meeting:

FEBRUARY 18TH, 2016 AT 10:00 AM

Project Site

Lathrop State Park Visitor Center 70 County Road 502

Walsenburg, CO 81089 (3 Miles West of Walsenburg on Hwy 160)

Deadline for Receipt of Documented Quotes:

FEBRUARY 29TH, 2014 AT 1:00 PM

Colorado Parks and Wildlife - Southeast Regional Office

4255 Sinton Road Colorado Springs, Colorado 80907

719-227-5250 Attn: Shaun Gordon Fax: 719-227-5264 shaun.gordon@state.co.us mailto:shaun.gordon@state.co.us

TABLE OF CONTENTS

Project #: LA301C51 & RLA401

COLORADO DIVISION OF PARKS AND WILDLIFE

LATHROP STATE PARK

CONCRETE WORK

Table of Contents: 1 of 1

BIDDING AND CONTRACT INFORMATION

• ADVERTISEMENT FOR BIDS

• INSTRUCTIONS TO BIDDERS

• PURCHASE ORDER TERMS AND CONDITIONS

• GENERAL REQUIREMENTS AND COVENANTS FOR CAPITAL CONSTRUCTION

• BID SCHEDULE

Technical Specifications related to construction materials and methods for work embraced under this Contract shall consist of references to the Colorado Department of Transportation 2012 Standard Specifications for Roads and Bridge Construction Special attention should be given to these references and revisions noted within.

DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01010 SUMMARY OF WORK

SECTION 01023 MINOR CONTRACT REVISIONS

SECTION 01050 FIELD SURVEY

SECTION 01100 ALTERNATE PRODUCTS

SECTION 01107 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC

SECTION 01108 QUALIFICATION OF TESTING PERSONNEL AND LABORATORIES

SECTION 01200 CONSTRUCTION MEETINGS

SECTION 01300 SUBMITTALS

SECTION 01310 CONSTRUCTION SCHEDULES

SECTION 01400 LABORATORY TESTS

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS

SECTION 01550 TRAFFIC CONTROL

SECTION 01710 PROJECT CLEANING

SECTION 01800 PROJECT RECORD DRAWINGS

DIVISION 2 - SITE WORK

SECTION 02050 MOBILIZATION

SECTION 02230 DEMOLITION, CLEARING & GRUBBING

SECTION 02300 EARTHWORK

SECTION 02720 AGGREGATE BASE COURSE

SECTION 02740 ASPHALT PAVEMENT

SECTION 02750 CONCRETE FLATWORK

SECTION 02764 PAVEMENT JOINT SEALANTS

SECTION 02921 FINISH GRADING, SOIL PREP & SEEDING

DIVISION 3 – STRUCTURAL CONCRETE

SECTION 03100 STRUCTURAL CONCRETE FORMWORK

SECTION 03200 CONCRETE REINFORCEMENT

SECTION 03300 CAST-IN-PLACE CONCRETE (Re: 02750 for Concrete Flatwork)

ADVERTISEMENT FOR BID

Advertisement for Bid: 1 OF 1

The Colorado Division of Parks and Wildlife is accepting Documented Quotes for the Lathrop State Park – Concrete Work.

A. LOCATION: Lathrop State Park, Huerfano County, Colorado.

B. The work consists of:

1. Construct specified concrete walls, curbs and flatwork and site restoration.

Documented Quotes will be accepted until 1:00 p.m., February 29th, 2016 at the Colorado Parks and Wildlife Southeast Regional Office, 4255 Sinton Road, Colorado Springs, Colorado 80907, via fax, email or hand delivered - after which the bids will be reviewed. A Bid Summary/Tabulation will be compiled and emailed to all bidders.

Manditory Pre-Bid Meeting will be held at 10:00 a.m., February 18th, 2016 at the Lathrop State Park Visitor Center, 70 County Road 502, Walsenburg, CO 81089. After general discussion, we will visit the site. The Contractor is responsible for being familiar with the site and anything necessary to complete the work.

February 25th, 2016 at 10:00 a.m. will be the last time that written questions can be submitted via email or fax. If necessary any addendums (modifications) will be posted to the VSS website.

Bidders may not automatically be notified of the existence of a modification or addendum. It is the responsibility of the bidder to check the VSS web-site periodically to see if any modifications have been issued. Failure to retrieve such modifications and include their provisions in your bid response may result in your bid being deemed non-responsive.

The Construction Documents can be viewed and printed from the State VSS website at www.colorado.gov/vss. Please direct all questions concerning this project to Shaun Gordon, Colorado Parks & Wildlife Project Manager in writing via fax: (719) 227-5264 or email shaun.gordon@state.co.us.

http://www.colorado.gov/vss

INSTRUCTIONS TO BIDDERS

Instructions to Bidders: 1 of 5

1. Bidders must review the plans and specifications in their entirety, 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 prices quoted in the proposal. Documents will be available on the State of Colorado VSS website. No additional copies of the drawings and specifications will be provided by Colorado Parks and Wildlife at any time before or after the bid opening. All Questions concerning this project shall be in writing directed to Shaun Gordon, Project Manager at shaun.gordon@state.co.us or fax: (719) 227-5264.

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 as shown and described in the plans and specifications. The price stated in the proposal shall be complete, and represent total payment for each item in the proposal. No additional payment will be made for the work presented in the proposal.

3. February 18th, 2016 at 10:00 a.m. - Mandatory Pre-Bid Meeting at Lathrop State Park Visitor Center. The contractor is responsible for being familiar with the site and understand what it will take to complete the work.

4. February 25th, 2016 at 10:00 a.m. – Final Questions will be the last time that written questions can be submitted in writing directed to Shaun Gordon, Project Manager at shaun.gordon@state.co.us or fax: (719) 227-5264. If necessary addendums will be posted on the VSS website. Bidders may not automatically be notified of the existence of a modification or addendum. It is the responsibility of the bidder to check the VSS web-site periodically to see if any modifications have been issued. Failure to retrieve such modifications and include their provisions in your bid response may result in your bid being deemed non-responsive.

5. February 29th, 2016 at 1:00 p.m. - Bids Due The bidder is not required to submit a bid bond. The bidder shall fax, email, mail or hand deliver their “Bid schedule” that is included in the Bid Documents to Colorado Parks and Wildlife, Southeast Regional Office, 4255 Sinton Road, Colorado Springs, CO 80907, fax: 719-227- 5264, email: shaun.gordon@state.co.us, before the advertised closing time for accepting bids.

6. BID SCHEDULE: The bidder shall write in words and numerically the total base bid amount on the included

Bid Schedule. If conflicts exist between the written words and the numerical amount, the actual line item unit costs shall take precedence. All bid items must be priced or the bid will be disqualified. The minority business statement on the Bid Schedule must be completed.

1) 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 Employer Identification Number (E.I.N.) in the appropriate spaces. The bid must be signed by an officer (President or Vice President), and the title indicated. The signature of the officer shall be attested to by the Secretary and properly sealed. Cross out incorrect titles and insert correct ones, if necessary.

2) 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. Print the company name in the appropriate space.

3) 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.

7. Colorado Parks and Wildlife is exempt from paying sales tax. Any materials and supplies purchased for this contract are exempt. The Contractor will need to obtain an exemption number from the Department of Revenue for this project and each subcontractor is required to obtain one under the general contractor.

mailto:shaun.gordon@state.co.us

Instructions to Bidders: 2 OF 5

6. INSURANCE: The successful bidder will be required to submit proof of insurance at the time of executing the agreement. The Contractor 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. 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 shall be named as additional insured on the Commercial General Liability 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 45 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.

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

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

8. Quantities stated in the drawings are estimates only and may vary when constructed. The contractor will perform the required quantity of work based on the unit prices stated in the Bid Schedule/proposal except as

Instructions to Bidders: 3 OF 5 provided in Section 4.2 of the "General Requirements and Covenants for Capital Construction."

9. For Purchase Orders and Contracts under $100,000, the performance and payment bond will not be required

(CRS 38-26-106).

10. Colorado Parks and Wildlife reserves the right to reject any or all proposals, to waive informalities, and to accept any proposal deemed desirable.

11. Work stoppage is a possibility. The contractor must request all shutdowns or stoppages in writing. If a shutdown is granted, the Division will pay for only work that has been totally completed. No advanced payment of mobilization will be made.

12. The Contractor shall schedule the sequence of construction to consider the delivery of long lead-time items.

13. METHOD OF AWARD: The lowest responsible bid, taking into account the Colorado resident bidder preference provision of Colorado Law which is hereinafter set forth in Article 48 of the General Conditions, will be determined by and the contract will be issued, to the extent that the total dollar amount is within available funds to finance the construction. If this bid exceeds such amount, the right is reserved to reject all bids.

14. Colorado Parks and Wildlife 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 the project, inspect the proposed construction site, prepare and or submit bids will be the sole responsibility of the bidder.

15. A submission in response to the solicitation acknowledges acceptance by the proposer of all unaltered terms and conditions, as set forth herein. Any proposed exception taken to the State’s Terms and Conditions must be clearly and thoroughly identified and supported and acceptable alternatives must be proposed. Failure to do so shall be deemed a waiver of any rights to subsequently raise exception and/or request modification, except as outlined or specified in this solicitation. Submission of exceptions does not guarantee their acceptance, however, and such submittal will be taken into consideration during proposal review and scoring by the evaluation team. The state reserves the right to reject any changes suggested to PO or Contact terms and conditions and award to the next most advantageous qualified responsive vendor.

16. “IN ACCORDANCE WITH PROCUREMENT CODE, CRS 24-103-207.5 TITLED-PURCHASING

PREFERENCE FOR ENVIRONMENTALLY PREFERABLE PRODUCTS; BIDDERS RESPONDING TO

THIS SOLICITATION MAY SEEK TO QUALIFY FOR THE PREFERENCE AND GOVERNMENTAL

BODIES CONDUCTING THIS SOLICITATION SHALL AWARD A CONTRACT TO A BIDDER WHO

OFFERS ENVIRONMENTALLY PREFERABLE PRODUCTS SUBJECT TO THE CONDITION IN THE

CODE AND PROCUREMENT RULES.”

17. Alternative Products: Certain materials and equipment have been specified by manufacturers’ trade names.

This was done to establish the minimum quality and type of product desired. Alternatives to the manufacturers’ products may be used if the Project Manager determines they are equal. The Award will be based on the products identified in the plans. However, prior to the State processing a Purchase Order or Contract, the contractor may submit such evidence prior to the State Processing the Contract for the Owner’s Representative’s determination and approval.

18. The Davis-Bacon Wage law is not in effect for this project as there are no contributing federal funds.

19. Contract Length: All work must be completed in 60 calendar days from the date of the Notice to Proceed of which will be issued as soon as possible once the Contract is approved.

Instructions to Bidders: 4 OF 5

20. Liquidated Damages: The parties agree that time is of the essence of the Contract and of the Specifications wherever a definite and certain length of time is fixed for the performances of any act. A daily charge will be made against the Contractor for each calendar day that any work remains uncompleted after the elapse of contract time. This daily charge will be deducted from any money due to the Contractor. This deduction will not be considered a penalty, but as liquidated damages.

The liquidated damages set forth is an amount, agreed to by the Contractor and the Division, as reasonably representing additional project construction administration costs incurred by the Division and projected loss of revenue to the Park if the Contractor fails to complete performance within the contract time. For this project the Liquidated Damages will be $150.00 per day.

Due account shall be taken of any adjustment of the contract time for completion of the work granted under the provisions of subsection 8.5 of the General Requirements and Covenants for Capital Construction. Permitting the Contractor to continue and finish the work or any part thereof after elapse of contract time will not operate as a waiver on the part of the Division on any of its rights under the Contract.

Any deduction assessed as liquidated damages under this section shall not relieve the Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the work according to contract times.

Work Hours On Project Site All work on this project site will be allowed as follows: 8am to 6pm or otherwise approved by the Park Manager

21. The contract cannot be awarded to a contractor which has been disbarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs. The excluded parties list can be found at the following web site: http://www.sam.gov/

22. PERFORMANCE MONITORING. CRS §§ 24-102-205, 24-102-206, 24-103.5-101 and 24-105-102

(a) PERFORMANCE MEASURES AND STANDARDS:

Performance measures and Standards as defined in the General Requirements & Covenants for Capital Construction shall be the basis for this Contract. This includes but is not limited to the following:

• The Contractor shall prepare a project schedule at project startup and continue to update the schedule throughout construction providing detailed justifications for construction delays and schedule changes.

• The Contractor shall submit all required product information as defined in the Construction Drawings &

Specifications. In turn, the State’s Project Manager shall review and comment within 10 days of receipt.

• The State’s Project Manager and the Contractor shall conduct Construction Progress Meetings and Quantity

Verification Inspections at least monthly or as otherwise determined necessary during Construction activities.

(b) ACCOUNTABILITY:

Project and Contract administration will provide accountability by documenting and evaluating the progression of construction and the ability to follow the agreed upon construction schedule. The Contractor shall report regularly on achievement of the performance measures and standards specified above and failure to do so allows the governmental body to withhold payment until successful completion of all or part of the contract and the achievement of established performance standards. Payment by the State to the Contractor shall be made without delay upon successful completion of all or any part of the contract in accordance with the payment schedule specified in the contract or as otherwise agreed upon by the parties.

http://www.sam.gov/

Instructions to Bidders: 5 OF 5

(c) MONITORING REQUIREMENTS:

Both the State and the Contractor will evaluate each others' performance by preparing monthly progress reports and monthly construction schedule updates as well as performing site visits to verify quantities based on the Bid Schedule, inspections to verify quality of work, and reviews of performance data as construction progresses to ensure that the results, objectives and obligations of the contract are met.

(d) NONCOMPLIANCE RESOLUTION:

Methods and mechanisms as defined in the General Requirements & Covenants for Capital Construction shall be used to resolve any situation in which the State's monitoring assessment determines noncompliance, including termination of the contract.

Purchase Order Terms and Conditions

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

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

4. Delivery. Unless otherwise specified in the solicitation or this PO, delivery shall be FOB destination.

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

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

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

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

8. Inspection and Acceptance. Final acceptance is contingent upon completion of all applicable inspection procedures. If products or services fail to meet any inspection requirements, buyer may exercise all of its rights, including those provided in the CUCC. Buyer shall have the right to inspect services provided under this PO at all reasonable times and places. "Services" as used in this section includes services performed or tangible material produced or delivered in the performance of services.

If any of the services do not conform to PO requirements, buyer may require vendor to perform the services again in conformity with PO requirements, without additional payment. When defects in the quality or quantity of service cannot be corrected by re-performance, buyer may (a) require vendor to take necessary action to ensure that future performance conforms to PO requirements and (b) equitably reduce the payment due vendor to reflect the reduced value of the services performed. These remedies do not limit the remedies otherwise available in this PO, at law, or in equity.

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

10. Taxes. Buyer and the State are exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all State and local government sales and use taxes [CRS, Title 39, Article 26, Parts I and II]. Such exemptions apply when materials are purchased for the benefit of State, except that in certain political subdivisions (e.g., City of Denver) vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to buyer.

Buyer shall not reimburse such sales or use taxes.

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

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

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

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

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

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

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.

Effective Date 01/01/09

State of Colorado Department of Natural Resources

Division of Parks and Outdoor Recreation

General Requirements and Covenants for

Capital Construction

Revised March, 1999

TO ALL CONTRACTORS

The General Requirements and Covenants for Capital Construction dated 1996 are a part of all contracts.

It shall be the responsibility of the Contractor to possess and retain this booklet for bidding purposes for all Division of Parks and Outdoor Recreation projects.

Failure to acknowledge receipt and examination of the General Requirements and Covenants by the appropriate signature in the Bid Documents shall result in the rejection of the Bid.

GENERAL REQUIREMENTS AND COVENANTS

INDEX TO SECTIONS

SECTION 1: DEFINITION ANDTERMS

SECTION 2: BIDDING REQUIREMENTS AND

CONDITIONS

Qualifications of Bidders Contents of Proposal Forms Issuance of Proposals Interpretation of Quantities in Bid Proposal Examination of Plans, Specifications, Special Provisions and Site of Work Preparation of Proposal Irregular Proposals Proposal Guaranty Delivery of Proposals Withdrawal or Revision of Proposals Combination or Conditional Proposals Public Opening of Proposals Disqualification of Bidders Material Guaranty

SECTION 3: AWARD AND EXECUTION OF

CONTRACT

Consideration of Proposals Award of Contract Cancellation of Award Return of Proposal Guaranty Bond and Insurance Requirements Execution and Approval of Contract Failure to Execute Contract

SECTION 4: SCOPE OF WORK

Intent of Contract Alterations of Plans or Character of Work and Variations in Plan Quantities Extra Work Rights In and Use of Materials Found on the Work Final Cleaning Up

SECTION 5: CONTROL OF WORK

Authority of the Project Manager Plans and Shop Drawings Conformity with Plans and Specifications Coordination of Plans, Specifications, and Special Provisions Cooperation by Contractor Protection of Utilities Cooperation Between Contractors Construction Stakes, Lines and Grades Authority and Duties of Project Manager Authority and Duties of the Inspector Inspection of Work Removal of Unacceptable and Unauthorized Work Load Restrictions Maintenance During Construction Failure to Maintain Project or Structure Acceptance Claims for Adjustment and Disputes

SECTION 6: CONTROL OF MATERIAL

Source of Supply and Quality Requirements

Par.

1.1-53

2.1 2.2 2.3 2.4

2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14

3.1 3.2 3.3 3.4 3.5 3.6 3.7

4.1

4.2 4.3 4.4 4.5

5.1 5.2 5.3

5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17

Page

Samples, Tests, Cited Specifications Plant Inspection Storage of Materials Handling Materials Unacceptable Materials Division Furnished Materials

SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY

TO PUBLIC

Laws to be Observed Permits, Licenses, and Taxes Patented Devices, Materials and Processes Federal Aid Provisions Sanitary Provisions Public Convenience and Safety Barricades and Warning Signs Use of Explosives Protection and Restoration of Property and Landscape Forest Protection Responsibility for Damage Claims Contractor’s Responsibility for Work Contractor’s Responsibility for Utility Property and Services.

Furnishing Right of Way Personal Liability of Public Officials No Waiver of Legal Rights Affidavit Relative to Collusion Third Party Beneficiary Archaeological and Paleontological Discoveries Air and Water Pollution Wage Rates Discrimination and Affirmative Action General

SECTION 8: PROSECUTION AND PROGRESS

Subletting of Contract Notice to Proceed Prosecution and Progress Character of Workers, Methods and Equipment Determination and Extension of Contract Time Failure to Complete Work on Time Default of Contract Termination of Contract

Section 9: measurement and payment Measurement of Quantities Scope of Payment Compensation for Altered Quantities Extra and Force Account Work Eliminated Items Partial Payments Payment for Material on Hand Acceptance and Final Payment Correction of Work After Final Payment

6.1 6.2 6.3 6.4 6.5 6.6 6.7

7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23

8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8

9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9

DIVISION I

GENERAL REQUIREMENTS AND COVENANTS

SECTION 1

DEFINITION AND TERMS

1.1 ABBREVIATIONS:

Wherever the following abbreviations are used in these Specifications or on the Plans they shall be construed the same as the respective expressions represented:

AAN American Association of Nurserymen AAR Association of American Railroads AASHTO American Association of State Highway Officials ACI American Concrete Institute AGC Associated General Contractors of America AGA American Gas Association AI Asphalt Institute AIEE American Institute of Electrical Engineers AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute, Inc.

ARA American Railway Association AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASHRAE American Society of Heating Refrigeration And Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials AWG American Wire Gauge AWPA American Wood Preservers' Association AWS American Welding Society AWWA American Water Works Association CDOT Colorado Department of Transportation CRS Colorado Revised Statutes, 1973, as amended CRSI Concrete Reinforcing Steel Institute DFPA Douglas Fir Plywood Association DIPRA Ductile Iron Pipe Research Association EIA Electronic Industries Association FHWA Federal Highway Administration FSS Federal Specifications and Standards GSA General Services Administration ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineers Society IMSA International Municipal Signal Association IPCEA Insulated Power Cable Engineers Association ITE Institute of Transportation Engineers NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers' Association OSHA Occupation Safety And Health Association NPC National Plumbing Code UBC Uniform Building Code UL Underwriters' Laboratories Incorporated

1.2 ADVERTISEMENT:

A public announcement inviting Proposals for work to be performed or materials to be furnished.

1.3 AWARD:

The acceptance by the Division of a Proposal.

1.4 BASIS OF PAYMENT:

The terms under which "work" is paid, designated as a "Pay Item," which is paid for in accordance with the quantity measured and the "Pay Unit."

1.5 BIDDER:

An individual, firm, corporation, or other legal entity submitting a Proposal for the advertised work. A contractor intending to contract with the Division for performance of prescribed work.

1.6 CALENDAR DAY:

Each and every day shown on the calendar, beginning and ending at midnight.

1.7 CERTIFIED INVOICE:

An invoice from a supplier which has been endorsed by the Contractor guaranteeing that the material, service or labor was purchased and received for the project and establishing the value of same for which reimbursement is to be made.

1.8 CITY OR TOWN:

A subdivision of the county used to designate or identify the location of the proposed work.

1.9 CONSTRUCTION REQUIREMENT:

Specifications covering performance of work required for proper completion and acceptance.

1.10 CONTRACT:

The written agreement between the Division and the Contractor setting forth the rights and obligations of the parties thereunder, including but not limited to the performance of the work, the furnishing of labor and materials and the basis of payment. The Contract includes the Invitation for Bids, General Requirements and Covenants for Capital Construction, Contract Proposal, Agreement, Bid Schedule, Contract Bond, Certificate of Insurance, Specifications, Special Provisions, general and detailed Plans, Letter of Award and Notice to Proceed, also any Contract Modification Orders and Agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

1.11 CONTRACT BOND:

The approved form of security, executed by the Contractor and his/her Surety or Sureties, guaranteeing complete performance of the Contract and all Contract Modifications pertaining thereto and the payment of all legal obligations pertaining to the construction of the project.

1.12 CONTRACT ITEM (PAY ITEM):

A specifically described unit of work for which a price is provided in the Contract.

1.13 CONTRACT MODIFICATION:

A written order issued to the Contractor by the Division covering contingencies, extra work, increases or decreases in contract quantities, and additions, deletions, or other alterations to the Plans or Specifications within the scope of the Contract, and establishing the basis of payment and time adjustments for the work affected by the changes. The Contract Modification Order is the only method authorized for changing the Contract.

1.14 CONTRACT TIME:

The number of calendar days allowed for completion of the Contract, including authorized time extensions. The Contract shall be completed on or before that date.

1.15 CONTRACTOR:

The individual, firm, or corporation contracting with the State of Colorado through the Division of Parks and Outdoor Recreation for performance of prescribed work.

1.16 COUNTY:

The county in which the work is to be done.

1.17 DEPARTMENT:

State Department of Natural Resources, which is a department within the executive branch of the State of Colorado.

1.18 DIRECTOR:

The Director of the Division of Parks and Outdoor Recreation.

1.19 DIVISION:

Division of Parks and Outdoor Recreation, which is a Division within the State Department of Natural Resources.

1.20 EQUIPMENT:

All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work.

1.21 EXECUTIVE DIRECTOR:

The Executive Director of the Colorado Department of Natural Resources.

1.22 EXPRESSION BY OR TO THE PROJECT MANAGER:

In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, of, when, or where "contemplated, required, determined, directed, specified, interpretation, interpreted, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned" it shall be understood as if the expression were followed by the words "by the Project Manager" or "to the Project Manager."

1.23 EXTRA WORK:

Work not provided for in the Contract as awarded but found by the Project Manager to be essential or appropriate to the satisfactory completion of the Contract within its intended scope.

1.24 HOLIDAYS:

Holidays recognized by the State of Colorado are:

•New Year's Day •Dr. Martin Luther King Jr.'s Birthday •Washington-Lincoln Day •Memorial Day •Independence Day •Labor Day •Columbus Day •Veterans Day •Thanksgiving Day •Christmas Day

When New Year's Day, Independence Day, Veterans Day or Christmas Day fall on Saturday or Sunday, the following Monday or preceding Friday shall be considered a holiday.

Additional legal holidays, when designated by the Governor or the President of the United States, will also be recognized by the State.

1.25 INSPECTOR:

The Project Manager's authorized representative assigned to make detailed inspections of contract performance.

1.26 INVITATION FOR BIDS:

All documents, whether attached or incorporated by reference, utilized for soliciting Proposals. The advertisement will indicate with reasonable accuracy the quantity and location of the work to be done or the character and quantity of the material to be furnished and the time and place of the opening of Proposals.

1.27 LABORATORY:

A testing laboratory certified or having expertise in the area of testing required and acceptable to the Project Manager.

1.28 MATERIALS:

All components required for use in the construction of the project.

1.29 METHOD OF MEASUREMENT:

The manner in which a "pay item" is measured to conform with the "Pay Unit."

1.30 NOTICE TO PROCEED:

Written notice to the Contractor to proceed with the contract work including the date of beginning of contract time.

1.31 PLANS:

The drawings or reproductions provided by the Division which show the location, character, dimensions, and details of the work to be done.

1.32 PROJECT:

The specific area of work together with all appurtenances and construction to be performed thereon under the Contract.

1.33 PROJECT MANAGER:

The Regional Manager's duly authorized representative who is in direct charge of the work and is responsible for the administration and completion of the project under contract. The Project Manager is also responsible for acting on written appeals made by the Contractor relating to contract claims for additional compensation or extension of contract time.

1.34 PROPOSAL:

The offer of a Bidder, on the prescribed form, to perform the work at the prices quoted. Also called Bid.

1.35 PROPOSAL FORM:

The documents furnished by the Division on which the offer of a Bidder is submitted. Also called Bid Proposal.

1.36 PROPOSAL GUARANTY:

The security furnished with a Proposal to guarantee that the Bidder will enter into the Contract if his/her…