DIVISION OF PARKS & WILDLIFE

PLANS AND SPECIFICATIONS

FOR

ELKHEAD STATE PARK

NEW SHOP COMPLEX

MANDATORY SHOW DATE: March 8, 2016, 11:00 a.m.

Yampa River State Park 6185 U.S. Highway 40 Hayden, CO 81639

BID OPENING: March 24, 2016, 1:30 p.m.

Northwest Region Capital Projects Office 361 32 Road Clifton, Colorado 81520

CONTACTS

OWNER (CPW)

Colorado Division of Parks and Wildlife Parks – Northwest Region Capital Projects Office P.O. Box 700 / 361 32 Road Clifton, CO 81520

Aaron Fero, Assistant Northwest Regional Manager

(970) 255-6145

Mike Havens, P.E., Project Manager

(970) 434-6696 ext. 4223 mike.havens@state.co.us

END OF SECTION

mailto:mike.havens@state.co.us�

TABLE OF CONTENTS

Pages

BIDDING AND CONTRACT INFORMATION

Advertisement for Bid Instructions for Bidders Bid Schedule Contractor’s Qualifications and References Sample Contract Exhibit A: Covenants and Supplement Exhibit B: Sample Contract Modification Performance Bond Form Labor & Material Bond Form Special Provisions

DIVISION 01 - GENERAL REQUIREMENTS

SECTION – 01010 ......................................... Summary of Work and Basic Requirements 38 SECTION – 01050 ..................................................................................... Survey Control 46 SECTION – 01070 ....................................................................................... Abbreviations 51 SECTION – 01150 ................................................................ Measurement and Payment 53 SECTION – 01200 .................................................................................. Project Meetings 54 SECTION – 01300 ........................................................................................... Submittals 55 SECTION – 01340 ..................................... Shop Drawings, Samples, and O&M Manuals 64 SECTION – 01400 ............................................................................. Alternative Products 69 SECTION – 01500 ............................................................... Testing Laboratory Services 71 SECTION – 01600 ..................................................................... Materials and Equipment 72 SECTION – 01700 .............................................................................. Contract Close-Out 73 SECTION – 01720 ..................................................................... Project Record Drawings 75

DIVISION 2 - SITE WORK

SECTION – 02111 ....................................................... Vegetation Clearing and Grubbing 02111-1 SECTION – 02200 ............................................................................................ Earthwork 02200-1 SECTION – 02220 .................................................... Structure Excavation and Backfilling 02220-1 SECTION – 02221 ..................................................................... Trenching and Backfilling 02221-1 SECTION – 02275 .................................................................................. Geotextile Fabric 02275-1 SECTION – 02279 ........................................................................... Water Quality Control 02279-1 SECTION – 02453 ................................................................................... Parking Barriers 02453-1 SECTION – 02545 ....................................................................... Aggregate Base Course 02545-1 SECTION – 02610 .................................................................................. Pipe and Fittings 02610-1 SECTION – 02830 .............................................................................. Chain Link Fencing 02830-1 SECTION – 02845 ................................................................................................... Signs 02845-1 SECTION – 02934 ......................................................................... Seeding and Mulching 02934-1

DIVISION 3 – CONCRETE

SECTION – 03100 ............................................................. Structural Concrete Formwork 03100-1 SECTION – 03200 ...................................................................... Concrete Reinforcement 03200-1 SECTION – 03252 .......................................................................... Inserts and Fasteners 03252-1 SECTION – 03300 ........................................................ Cast in Place Structural Concrete 03300-1 SECTION – 03600 ................................................................................................... Grout 03600-1

DIVISION 5 - METAL

SECTION – 05500 ............................................................................... Metal Fabrications 05500-1

DIVISION 6 – WOOD AND PLASTICS

SECTION – 06100 ............................................................................................. Carpentry 06100-1 SECTION – 06240 .......................................................... Laminated Plastic Counter Tops 06240-1

DIVISION 7 – THERMAL AND MOISTURE PROTECTIONS

SECTION – 07200 ............................................................................................. Insulation 07200-1 SECTION – 07900 ..................................................................... Sealants and Joint Fillers 07900-1

DIVISION 8 – DOORS AND WINDOWS

SECTION – 08100 ..................................................................... Metal Doors and Frames 08100-1 SECTION – 08360 .................................................................................. Overhead Doors 08360-1 SECTION – 08530 ..................................................................................... Vinyl Windows 08530-1 SECTION – 08700 .................................................................... Hardware and Specialties 08700-1

DIVISION 9 – FINISHES

SECTION – 09250 .............................................................................. Gypsum Wallboard 09250-1 SECTION – 09665 ................................................................................. Resilient Flooring 09665-1 SECTION – 09680 ............................................................................................. Carpeting 09680-1 SECTION – 09900 ................................................................................................ Painting 09900-1

DIVISION 13 – SPECIAL CONSTRUCTION

SECTION – 13121 ........................................................... Pre-Engineered Metal Buildings 13121-1 SECTION – 13121-T .................................................... Concrete Vaulted Toilet Buildings 13121T-1

DIVISION 15 – MECHANICAL

SECTION – 15010 ...............................................................................General Provisions 15010-1 SECTION – 15050 ............................................................... Basic Materials and Methods 15050-1 SECTION – 15760 ..................................................... Terminal Heating and Cooling Units 15760-1 SECTION – 15872 .................................................................... Powered Wall Exhausters 15872-1

DIVISION 16 - ELECTRICAL

SECTION – 16010 ...............................................................................General Provisions 16010-1 SECTION – 16050 ............................................................... Basic Materials and Methods 16050-1 SECTION – 16400 ....................................................................... Service and Distribution 16400-1

SECTION – 16500 .................................................................................. Lighting Fixtures 16500-1

CONSTRUCTION DRAWINGS

Sheet 1 .......................................................................................................... Cover Sheet

Sheet 2 ............................................................................................................... Site Map

Sheet 3 ......................................................................................................... Grading Plan

Sheet 4 ............................................................................ Plan and Profile (Access Road)

Sheet 5 ............................................................................................... Building Elevations

Sheet 6 ................................................................................................ Building Floor Plan

Sheet 7 ..................................................................................................... Building Details

Sheet 8 ...................................................................................................... Office Framing

Sheet 9 .................................................................................... Customer Service Counter

Sheet 10 ................................................................................................. Electrical Layout

Sheet 11 .......................................................................................................... Vault Toilet

APPENDICES

Appendix A .................................................................................................... Soils Report

Appendix B ..................... General Requirements and Covenants for Capital Construction

END OF TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS

NEW MAINTENANCE SHOP

The Colorado Division of Parks and Wildlife is accepting sealed bids to build a new maintenance complex at Elkhead State Park in Moffat County, Colorado. Principal items of work consist of overlot and road grading, installation of a preengineered metal shop building and a precast vault toilet, concrete aprons and slabs, a perimeter fence and gates, and associated site work.

Bid Proposals will be accepted until 1:30 p.m. on Thursday, March 24, 2016, at the Colorado Division of Parks & Wildlife, Northwest Region Capital Projects Office, 361 32 Road, Clifton, Colorado 81520, after which the bids will then be made public. Bids shall be submitted using the form provided in the project specifications. On-line bid submittals shall not be accepted.

A five-percent (5%) Bid Bond, certified check, or cashier’s check is required with bid proposals of $50,000 or more. The engineer’s estimate for the base bid is $540,000.

The Mandatory Pre-Bid meeting to be held at 11:00 a.m. on Tuesday, March 8, 2016, to inspect the project site and answer questions. Meeting will start at the Yampa River State Park Visitor’s Center, 6185 U.S. Highway 40, Hayden, CO 81639. The meeting will conclude at the new shop location, near the west boat ramp at Elkhead State Park, off Moffat County Road 29.

Contractor Questions: All questions related to this project shall be submitted via e-mail to the Project Manager, Mike Havens at mike.havens@state.co.us. The deadline for questions is Thursday March 17, 2016 by 10:00 am. Questions submitted after the deadline will not be addressed. All questions and answers will be posted as solicitation amendments on the Vendor Self Service (VSS) website.

Plans and specifications can be obtained online at:

www.colorado.gov/vss.

At the opening web page, login if you are a registered user of VSS. If you are not registered, you can click on the “Public Access” button on the lower left side of the page.

You will be redirected to the “Solicitations” web page. Type in *RMEH* in the “Keyword Search” box at the top of the page. Be sure to include the asterisks.

The project is named “Elkhead State Park New Maintenance Shop.” Project bidding information is available on the “Details” tab, by downloading from the “Attachments” tab.

http://www.colorado.gov/vss�

INSTRUCTIONS TO BIDDERS

1. Bidders must review the Contract Documents, Specifications, Construction Drawings, 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 Construction Drawings 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. This is a competitive sealed bid procurement.

In accordance with C.R.S. 24-103-211, a 5% bid preference may be applied to the total price for Service Disable Veteran Owned Small Businesses (SDVOSB). To qualify for the preference, the SDVOSB must be incorporated or organized in Colorado, or is maintaining a place of business or office in Colorado. The SDVOSB must also be officially registered and verified with the U.S. Department of Veterans Affairs (www.vip.vetbiz.gov). SDVOSBs claiming this preference must provide documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in their response to the solicitation. Bid submissions without this documentation will not be given a preference.

In accordance with C.R.S. 8-19-104, when a contract for construction services in excess of $500,000 is to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident. A resident bidder is authorized to conduct business in the State of Colorado, maintains a place of business in Colorado, and pays unemployment taxes as required by law. If applicable, the resident bidder preference will be applied to the total bid price, after any SDVOSB preference.

In accordance with C.R.S. 8-17-101, Colorado labor shall be employed to perform at least eighty percent (80%) of the work on a contract for construction services in excess of $500,000.

4. 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 B 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.

5. 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 http://www.vip.vetbiz.gov/� 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 acknowledge all solicitation amendments in the space provided on the bid form.

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 if they are a Colorado resident bidder in the check boxes on the bid form. If not a Colorado resident bidder, the bidder shall indicate their resident state in the blank space provided.

The bidder shall indicate the percentage of Colorado labor they intend to employ for the work in the space provided on the bid form.

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

6. For proposals exceeding $50,000, the bidder is required to submit a bid bond for the amount of five-percent (5%) of the total price, together with the proposal. The Bid Bond shall conform to the requirement stated in the GRCs. The bidder may submit a certified check or cashier’s check in the required amount as a substitute for the bid bond.

7. 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.

8. The bidder is required to submit a current W-9 form with their proposal.

9. The successful bidder is required to procure and maintain the insurance coverage listed below. Certificates of insurance must be provided to the State within ten (10) working days after receipt of award. 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 worksite.

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.

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.

D. All Builders Risk completed value insurance. See the Special Provisions for details.

10. 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.

11. 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.

12. The Colorado Division of Parks and Wildlife (Owner) shall be listed as a Certificate

Holder on the Contractor’s insurance form

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

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

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

16. 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 GRCs. 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.

17. For proposals that exceed $150,000, 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.

18. The Owner reserves the right to reject any or all proposals, to waive informalities, and to accept any proposals deemed desirable.

19. Bids shall be submitted on the Bid Schedule furnished. Bids must be manually signed in ink, and all check boxes must be completed.

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 Region Capital Development Office, 361 32 Road, Clifton, Colorado 81520, before the advertised closing time for accepting proposals. Note that the U.S. Postal Service will not deliver to this address. Bids not submitted to this location by the deadline will not be opened.

20. All questions related to this project shall be directed to the Project Manager, Mike Havens at mike.havens@state.co.us. All questions shall be submitted by the advertised closing time for questions. Questions submitted after the deadline will not be addressed. All questions and answers will be posted on the Colorado Vendor Self Service System website (www.colorado.gov/vss).

21. 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.

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

23. 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.

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

http://www.colorado.gov/vss�

25. The Owner 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.

26. 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

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 comment.

• Evaluation and vendor comments posted on the Owner’s Contract Management

System (CMS).

27. Solicitation Amendments: Amendments to the solicitation become part of the project conditions. Amendments will ONLY be posted as attachments on the State of Colorado Vendor Self Service site for this project. It is the bidding Contractor’s responsibility to review and understand all amendments, and acknowledge them on the Bid Schedule.

28. Bid Item Modification/Contract Award: In accordance with the GRCs, 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, after any bid preferences have been applied and the project references have been reviewed.

BID SCHEDULE

Division of Parks and Wildlife

Department of Natural Resources State of Colorado

___________________________________________________________ proposes to furnish all labor, equipment, materials, and incidentals to complete the Elkhead State Park New Maintenance Shop project in Moffat County, Colorado for the listed prices, and shall complete the work in 182 calendar days from the date of notice to proceed. We have read and make the Request for Bids, Instructions to Bidders, Special Provisions, General Requirements and Covenants for Capital Construction (the GRCs), The Written Specifications, and The Construction Drawings as part of this bid. We will complete the Work for the following Bid Schedule, if selected:

Item

Description Units Qty. Bid Unit Prices (Words)/(Figures)

Bid Extended Amount (Figures)

1 Mobilization LS 1

2 Survey Control LS 1

3 Stormwater Controls

LS 1

4 Preengineered Metal Shop Building, Complete

LS 1

5 Precast Concrete Vault Toilet, Complete

LS 1

6 Clearing and Grubbing

AC 2.0

7 Excavation BCY 1,800

8 Embankment BCY 1,800

9 Subgrade Preparation and Grading

AC 2.0

10 Class 2 Gravel for Parking and Roads

Tons 2,200

11 Class 6 Gravel for Parking and Roads

Tons 1,250

12 18-Inch HDPE Culvert

LF 40

13 Perimeter Fence and Gates

LS 1

14 Concrete Aprons, Pads, and Sidewalks

SF 3,950

15 Bollards EA 5

16 Accessible Parking Space

LS 1

17 Self-Service Pay Station

LS 1

18 Excavator Hrs 80

19 Grader Hrs 80

20 Loader Hrs 80

21 Tandem Dump Truck

Hrs 80

22 Skid Steer Loader Hrs 80

23 Laborer Hrs 160

24 Buried Power From Transformer to Building

LF 120

25 YVEA to Provide Electrical Main and Transformer

Allow ance

Twenty-one Thousand Dollars

$21,000.00

$21,000.00

Grand Total Items 1 – 25:

Alternate Bid Items – To be completed by the bidder and may be substituted by the Owner to arrive at the selection of the lowest responsible bidder. This item is not to be included in the Grand Total Base Bid.

26 Add Alt #1: 8 Inches

Class 6 Gravel over Mirifi for Parking and Roads (Replaces Bid Items #10 and #11)

Tons 2,200

27 Add Alt #2: Class 2 Gravel for Additional Storage Area

Tons 470

28 Add Alt #2: Class 6 Gravel for Additional

Tons 230

29 Add Alt #3: Enclose Additional Storage Area in Fence

L.S. 1

30 Add Alt #4: 8 Inches Class 6 Gravel over Mirifi for Additional

Tons 470

The above prices include any costs associated with solicitation amendment numbers ________________.

This proposal is valid for 30-days after the opening of the bids. Attached herewith a five-percent (5%) bid guarantee.

My firm is is not a SDVOSB. If yes, evidence of current registration with the U.S. Department of Veterans affairs is attached.

My firm is is not a Colorado resident bidder. If not, my firm is resident in the State of ________________

My firm will employ _____________% Colorado labor of the total workforce for this project.

My firm will self-perform _____________% of the total cost of this project, not including the metal building in Bid Item #4, and will use subcontractors to perform the remainder.

Minority Business Statement: The undersigned bidder certifies that the corporation*, partnership*, or proprietorship* is* is not* fifty percent (50%) or more owned and operated by a socially or economically disadvantaged group per the Small Business Administration (* strike out inapplicable).

(Corporate Signature Block) Company Name

A Corporation

Date___________________, 2015 F.E.I.N. #__________________________

By President

Attested to by Secretary

(A Partnership Signature Block)

A Limited Partnership of , general partner

Doing business as (dba)

(Company Name)

F.E.I.N. or S.S. No. by General Partner

(A Sole Proprietorship Signature Block)

A Sole Proprietorship of

(dba)

S.S.No. by Owner

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 commercial construction projects in the past five (5) years that include pre-engineered metal building fabrication and erection and sitework of similar scope.

Include the project name, contract value, and a brief description of the project.

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 «ph_company_name», hereinafter referred to as the Contractor.

Agency Number: PJA Contract Routing Number:

Fund Number:

Organization: Program:

Appr. Code:

Object Code:

Grant Budget Line:

RPTC:

Project Number:

Bid Number:

CE #:

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 «pj_proj_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 «eb_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 «pj_daysallowed» 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. CORA Disclosure

To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq.

11. STATEWIDE CONTRACT MANAGEMENT SYSTEM- Exhibit C If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §11 applies.

Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system.

Contractor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance.

Evaluation and Review of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Natural Resources, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.

12. 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 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:_______________________________________ *Signature

Name:_______________________________ Title:______________________________________

Date: _________________________

John W. Hickenlooper, Governor

Mike King, Executive Director

By:_______________________________________ Signature

Name:_______________________________ Title:____________________________________

2nd Contractor Signature if Needed

By: __________________________________ *Signature

Name:_______________________________ Title:

LEGAL REVIEW

John W. Suthers, Attorney General By:_______________________________________________

Signature - Assistant Attorney General Date: _________________________

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

1) See the attached General Requirements and Covenants for Capital Construction, 39 pages, revised September 3, 1996.

2) Supplement to the General Requirements and Covenants for Capital Construction, Published by the Division of Parks and Wildlife in January 2002:

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

Emergency Standard Final Quantities

CONTRACT MODIFICATION AGREEMENT

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF PARKS AND WILDLIFE

PROJECT:

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

File CPW # 15-CC- ENCUMBRANCE# CT PMAA 2015* CMS #

XXXXX

We hereby recommend acceptance and approval of change to contract with an increase (X), decrease ( ), no change ( ) of $Error! Reference source not found.. 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

«ph_company_name»

By: ____________________-

Title: ____________________________

*Signature

Date: _________________________

STATE OF COLORADO

John W. Hickenlooper, Governor

Mike King, Executive Director

(For):_______________________________________ Signature

Name:_______________________________

Title:____________________________________

2nd Contractor Signature if Needed By: Name of Authorized Individual

Title: Official Title of Authorized Individual

*Signa…