FLC AFB 25110 - Indigenous Garden.pdf

ADVERTISEMENT FOR BIDS

FL2501 – Indigenous Garden

FORT LEWIS COLLEGE - DURANGO, COLORADO

Bid # 25110

TABLE OF CONTENTS

PART I - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT

FLC TABLE OF CONTENTS

AFB-1 ADVERTISEMENT FOR BIDS

SBP-6.12 INFORMATION FOR BIDDERS

SBP-6.13 BID FORM

SBP-6.131 BID ALTERNATES

SBP-6.14 BID BOND

SBP-6.15 NOTICE OF AWARD

SC-6.21 CONTRACTOR’S AGREEMENT (DESIGN / BID / BUILD)

SC-6.22 PERFORMANCE BOND

SC-6.221 LABOR AND MATERIAL PAYMENT BOND

SBP-BIR BUILDING INSPECTION RECORD

SBP 6.18 DIRECT LABOR BURDEN CALCULATION

SC-6.23 GENERAL CONDITIONS OF THE CONTRACT

SBP-6.26 NOTICE TO PROCEED

SBP-07 NOTICE OF SUBSTANTIAL COMPLETION

SBP-01 NOTICE OF APPROVAL OF OCCUPANCY / USE

SBP-6.27 NOTICE OF ACCEPTANCE

SBP-7.3 NOTICE OF CONTRACTOR’S SETTLEMENT

PART II - Specifications

DIVISION 01 - GENERAL REQUIREMENTS

01000 GENERAL

01010 SUMMARY OF WORK

01040 COORDINATION

01050 FIELD ENGINEERING

01060 CODES, STANDARDS, REPORTS, PERMITS

01200 PROJECT MEETINGS

01230 ALTERNATES

01340 SHOP DRAWINGS AND SAMPLES

01410 TESTING

01500 TEMPORARY FACILITIES

01501 LANDSCAPE PRESERVATION

01502 01512 01530

01560 01565 01700

PRESERVATION OF TREES AND SHRUBBERY

DUST CONTROL

CONSTRUCTION SITE BARRIERS AND TRAFFIC

CONTROL

CLEANING UP

WATER AND EROSION CONTROL

PROJECT CLOSEOUT

DIVISION 03 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 05 - METALS

05 12 00 STRUCTURAL STEEL

DIVISION 06 – WOOD, PLASTIC AND COMPOSITES

06 10 00 ROUGH CARPENTRY

DIVISION 22 - PLUMBING

22 05 00 22 10 00

COMMON WORK RESULTS FOR PLUMBING

PLUMBING PIPING AND PUMPS

DIVISION 26 - ELECTRICAL

26 05 00 26 05 19

26 05 53 26 24 16 26 51 19

COMMON WORK RESULTS FOR ELECTRICAL

LOW-VOLTAGE ELECRICAL POWER CONDUCTORS AND

CABLES

IDENTIFICATION FOR ELECTRICAL SYSTEMS

PANELBOARDS

LED INTERIOR LIGHTING

DIVISION 31 – EARTHWORK

31 63 29 DRILLED SHAFTS

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 15 40 CRUSHER FINES PAVING

32 31 13 WOODEN FENCES AND GATES

32 31 19 DECORATIVE METAL FENCES AND GATES

32 41 20 BOULDERS AND ROCKS

32 84 00 32 88 00 32 91 13 32 93 00 32 93 01

IRRIGATION

BOULDER PLACEMENT

SOIL PREPARATOIN

PLANTING TREES, SHRUBS AND GROUNDCOVERS

MAINTENANCE

PART III – Drawings

Fort Lewis College – Indigenous Garden – 100% Construction Documents DMH – Bid plans dated: 08/2/25; including sheets;

CV Cover L1.0 Demo and Tree Protection L1.1 Layout L1.2 Planting – Overall L1.3 Planting L1.4 Planting L1.5 Dimensions L1.6 Grading L2.1 Planting Details L2.2 Planting Details L2.36 Hardscape L2.4 Site Details L2.5 Furnishing Details L2.6 Fencing L2.7 Shed and Shade Structure I-1 Irrigation Plan I-2 Irrigation Details P101 Plumbing Plan P601 Plumbing Legend, Notes and Details E101 Electrical Plan E601 Electrical Legend, Notes and Details S0.0 General Notes S1.0 Foundation Plan S1.1 Roof Framing Plan S2.0 Foundation Details S3.0 Sections and Details

END OF TABLE OF CONTENTS

OSA-AFB-1 pg. 1

REV 7/2025

ADVERTISEMENT FOR BIDS

Design / Bid / Build State of Colorado Fort Lewis College

Notice Number: 25110 Project Number: FL2501 Project Title: Indigenous Garden Estimated Project Cost: $270,000.00

NOTICES

1. For all projects with a total dollar value above $150,000 Notice of Final Settlement is required by C.R.S. §38-26-107(1). Final Settlement, if required, will be advertised in the same location as the original solicitation.

2. For State Public Works C.R.S. §8-17-101 - Colorado labor shall be employed to perform at least 80% of the work. Colorado labor means any person who is a resident of the state of Colorado at the time of the Public Works project.

3. All respondents accept the conditions of this AFB, including but not limited to, the following:

a. All submittals shall become the property of the State of Colorado and will not be returned.

b. Late submittals shall not be evaluated.

c. The State reserves the right to reject any or all proposals on the basis of being unresponsive to this AFB or for failure to disclose requested information.

d. The State shall not be liable for any costs incurred by respondents in the preparation of submittals and proposals nor in costs related to any element of the selection and contract negotiation process.

4. The respondent has reviewed Appendix F and by responding has agreed that the terms and conditions of the sample Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.21) and General Terms and Conditions of the Contractor’s Design/Bid/Build Agreement (SC- 6.23) are expressly workable without reservation. Any exceptions to the contract must be communicated formally in writing before the bid closes.

5. Preference shall be given to Colorado resident bidders and for Colorado labor, as provided by law.

OSA-AFB-1 pg. 2

6. Per C.R.S. §24-105-201 If the construction value is $50,000 or greater a Bid Bond and Power of Attorney or Proposal Guaranty is required in an amount not less than 5% of the total Bid.

PROJECT OVERVIEW

Introduction The Fort Lewis College Indigenous Garden will contain an outdoor classroom area, garden shed, meeting areas and be centered around indigenous landscaping and plants.

The State of Colorado, Fort Lewis College (FLC) is soliciting bids from qualified contractors for the Indigenous Garden project.

Scope of Services

Project work will include the construction of several permanent structures including a fence, screen structure, 120 SF storage shed, and a covered seating area with a table.

It will include the construction of featured landscaping such as a small smudge circle, larger ceremonial structure, terraced planting beds and planting for native perennial plants. It will also include constructing planting space for annual plants and several raised planting beds. There will be an underground non potable irrigation system, and power to the shed as well as potable water service for a sink.

The scope of services will include full construction contracting services for the project specified during the process of construction and warranty period to the State as per the Advertisement for Bid. Specific tasks to be performed by the Contractor include those generally performed by the construction community where the Contractor is the prime vendor to the State. Bidders shall reference the drawings, specifications, and supporting documents in the Appendices for an understanding of the entire scope of the project.

Per C.R.S. §38-26-106, if a contract amounts to $150,000 or more, the awarded contractor shall provide payment and performance bonds in the full amount of the Contact sum. The costs associated with this bond are to be included in the contractor’s bid.

MINIMUM REQUIREMENTS

Notice is hereby given to all interested parties that all firms will be required to meet all minimum requirements to be considered for this project. Interested bidders should be prepared to show evidence of the following to be considered as qualified, as a minimum:

1. Not previously terminated by the State for non-performance on a State Buildings contract or procurement.

OSA-AFB-1 pg. 3

2. The bidding contractor must have been in the same business, under the same name for the last two (2) years.

3. Demonstrated specific contracting experience in projects of similar scope and complexity for at least two (2) projects each in excess of $ 250,000.00 (hard costs), utilizing the expertise present in their Colorado Office; and

4. Demonstrated bonding capability up to $ 300,000.00 for an individual project coincidentally with current and anticipated workloads; provide letter from surety that affirms this capacity.

5. Attended and signed in at the Mandatory Pre-Bid Conference

Firms meeting the minimum requirements may obtain the bidding documents on the website accompanying this advertisement.

Bidnet/Rocky Mountain E-Purchasing System (RMEPS) Rocky Mountain Bids – www.bidnet.com and

Fort Lewis College Website, Opportunities to Bid page – www.fortlewis.edu/purchasing/opportunitiestobid

MANDATORY PRE-BID CONFERENCE AND SITE TOUR

A mandatory Pre-Bid Meeting will be held at:

Building Address: 385 Fort Lewis Drive, Durango CO 81301 Room: Physical Plant Services – Conference Room #012 Date/Time September 3, 2025, at 2:00 pm

SCHEDULE

The following is a tentative schedule of events for the Bid Submittal process and an outline of the schedule for the balance of the project. All dates are subject to change and changes in the schedule will be issued via addendum.

Advertisement for Bids Issued 8/26/2025 Mandatory Pre-Bid Conference and Site Tour 9/3/2025 @ 2 PM Request for Clarifications Due 9/9/2025 @ 5 pm Final Addendum Issued (anticipated) 9/12/2025 Bid Submittals Due (date and Time) 9/22/2025 @ 2 pm Public Bid Opening 9/22/2025 @ 2 pm Award Intent Notification (anticipated) 9/23/2025 Contracting 9/23/2025 – 10/3/2025 http://www.bidnet.com/ http://www.fortlewis.edu/purchasing/opportunitiestobid

OSA-AFB-1 pg. 4

Contract Approval (anticipated Notice to Proceed) 10/3/2025 Construction Start (anticipated) 10/6/2025 Substantial Completion – General Construction (anticipated) 12/19/2025 Substantial Completion – Planting and Irrigation (anticipated) 6/15/2026 Final Completion (anticipated) 7/30/2026

The above schedule is tentative. Responding firms shall be notified of revisions in a timely manner by email or posted on Bidnet/Rocky Mountain E-Purchasing System (RMEPS) website. Respondents may elect to verify times and dates by email, but no earlier than 36 hours before the scheduled date and time.

QUESTIONS, CLARIFICATIONS AND ADDENDA

Owner initiated changes to this AFB will be issued under numerically sequenced addenda.

Owner initiated changes to this AFB will be posted in the form of addenda on Bidnet/Rocky Mountain E-Purchasing System (RMEPS).

Questions and requests for clarifications regarding this project shall be submitted before the deadline listed in the above Schedule.

Communication regarding the project during the procurement, outside of this submission process or scheduled procurement milestones is not permitted.

POINT OF CONTACT/CLARIFICATION

Name: Greg Yucha Agency: Fort Lewis College Building Address: 385 Fort Lewis Drive, Durango CO 81301 Email Address: gtyucha@fortlewis.edu Phone: (970) 247-7008

BIDDING

Bids shall be submitted on the required bid form as indicated on the Information For Bidders document (SBP-6.12) in Appendix B1.

One (1) hard copies of the sealed bid submittal are due September 22, 2025 and shall be received no later than 2:00 PM (MD/ST), and shall be submitted/accepted via hand delivery or US Mail as described in the Information for Bidders (SBP-6.12)

Bid Forms and Appendices to be included with bid submittal:

Bid Form (SBP-6.13) Bid Bond (SBP-6.14) Bid Alternates (SBP-6.131)

OSA-AFB-1 pg. 5

Late bid submittals will be rejected without consideration. The State of Colorado assume no responsibility for costs related to the preparation of bid submittals.

BID OPENING

A public bid opening will be held at:

Building Address: 385 Fort Lewis Drive, Durango CO 81301 Room: Physical Plant Services – Conference Room #012 Date/Time September 22, 2025, at 2:00 pm

APPENDICES:

Appendix A: Information for Bidders (SBP-6.12) Appendix B: Bid Form (SBP-6.13) Appendix B1: Bid Alternates (SBP-6.131) Appendix B3: Bid Bond (SBP-6.14) Appendix C: Sample: Direct Labor Burden Calculation (SBP-6.18) (Appendix F: Sample: SC6.21 and SC6.23 Design/Bid/Build Contractor’s

Agreement and General Conditions of the Contract)

SBP-6.12

Rev 7/2025

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

INFORMATION FOR BIDDERS

Institution or Agency:

Project No./Project Name:

1. BID FORM: Bidders are required to use the Bid form attached to the solicitation.

Each bidder is required to bid on all alternates and indicate the time from the date of the Notice to Proceed to Substantial Completion in calendar days. In addition, the bidder is required to indicate the period of time to finally complete the project from Substantial Completion to Final Acceptance, in calendar days.

Bids indicating times for Substantial Completion and Final Acceptance in excess of the number of days indicated in the Advertisement for Bids for completion of the entire Project may be found non-responsive and may be rejected. The bid shall not be modified or conditioned in any manner. Bids and applicable bid security shall be submitted according to the following instructions:

2. INCONSISTENCIES AND OMISSIONS: Bidders may request clarification of any seeming inconsistencies, or matters seeming to require explanation, in the bidding documents at least three (3) business days prior to the time set for the opening of Bids. Decisions of major importance on such matters will be issued in the form of addendum.

3. APPLICABLE LAWS AND REGULATIONS: All work under this Contract shall comply with the provisions of all state and local laws, approved state building codes, ordinances and regulations which might in any manner affect the work to be done or those to be employed in or about the work. Labor for work shall be governed by the provisions of Colorado law which are hereinafter set forth in Articles 27 and 52 of the General Conditions. This includes the requirements for apprenticeship and prevailing wage on Public Projects. The bidder should be aware that reporting of embodied carbon emissions of eligible materials shall be governed by the provisions of Colorado State Law. This includes the requirements for Environmental Product Declarations (EPDs) that meet the maximum acceptable Global Warming Potential (GWP) limits as established by the Office of the State Architect.

4. BID SECURITY: A bid security of not less than 5% of the bid price is required when the price is estimated to be $50,000 or more. The security shall be a bond by a surety company, the equivalent in cash, or otherwise supplied in a form

SBP-6.12

satisfactory for the State. Noncompliance requires the bid to be rejected as nonresponsive.

5. TAXES: The Bid submitted shall exclude all applicable federal excise or manufacturers’ taxes and all state sales and use taxes as hereinafter set forth in Article 9.3 of the GENERAL CONDITIONS.

6. OR EQUAL: The words “OR EQUAL” are applicable to all specifications and drawings relating to materials or equipment specified. Any material or equipment that will fully perform the duties specified, will be considered “equal”, provided the bid submits proof that such material or equipment is of equivalent substance and function and is approved, in writing. Requests for the approval of “or equal” shall be made in writing at least five (5) business days prior to bid opening. During the bidding period, all approvals shall be issued by the Architect/Engineer in the form of addenda at least two (2) business days prior to the bid opening date.

7. ADDENDA: Owner/architect initiated addenda shall not be issued later than two

(2) business days prior to bid opening date. All addenda shall become part of the Contract Documents and receipt must be acknowledged on the Bid form.

8. METHOD OF AWARD - LOWEST RESPONSIBLE BIDDER: If the bidding documents for this project require alternate prices, additive and/or deductible alternates shall be listed on the alternates bid form provided by the Principal Representative.

Bidders should note the Method of Award is applicable to this Bid as stated below.

A. DEDUCTIBLE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by, and the contract will be awarded on the base bid combined with deductible alternates, accepted in numerical order as listed in the Bid Alternates Form provided by the Principal Representative. The subtraction of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be subtracted from the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

B. ADDITIVE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by and the contract will be awarded on the base bid combined with additive alternates in numerical order in as listed in the Bid Alternates Form provided by the Principal Representative. The addition of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be added to the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

C. DEDUCTIBLE AND ADDITIVE ALTERNATES: Additive alternates will not be used if deductible alternates are used and deductible alternates will not be used if additive alternates are used.

9. NOTICE OF CONTRACTOR’S SETTLEMENT – Agencies/institutions must indicate in the initial Solicitation where settlement will be advertised in electronic media.

SBP-6.13

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

BID FORM

Institution or Agency:

Project No./Project Name:

Bidder Acknowledges Receipt of Addenda Numbers: _______________________________

(See 3a below for the next 3 items)

Bidder Anticipates Services outside the United States or Colorado:* No Yes

Bidder will comply with 80% Colorado Labor on project above $500,000 No Yes

Bidder is a Service-Disabled Veteran Owned Small Business:* No Yes

Base Bid $________________________

Bidder’s Time of Completion

Time Period from Notice to Proceed to Substantial Completion: ____________________________

Time Period from Substantial Completion to Final Acceptance: ____________________________

Total Time of Completion of Entire Project (a + b): _________________________

1. BID: Pursuant to the advertisement by the State of Colorado dated ______________ the undersigned bidder hereby proposes to furnish all the labor and materials and to perform all the work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the work and for the base bid indicated above. Bidders should include all taxes that are applicable.

2. EXAMINATION OF DOCUMENTS AND SITE: The bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to make certain of the conditions at the site and to gain a clear understanding of the work to be done.

3. PARTIES INTERESTED IN BID: The bidder hereby certifies that the only persons or parties interested in this Bid are those named herein, and that no other bidder or prospective bidder has given any information concerning this Bid.

a. If the bidder anticipates services under the contract or any subcontracts will be performed outside the United States or Colorado, the bidder shall provide in a written statement which must include, but need not be limited to the type of services that will be performed at a location outside the United States or Colorado and the reason why it is necessary or advantageous to go outside the United States or Colorado to perform such services. (Does not apply to any project that receives federal moneys) *

b. For State Public Works projects per C.R.S. 8-17-101, Colorado labor shall be employed to perform at least 80% of the work. Colorado Labor means any person who is a resident of the state of Colorado at the time of the Public Works project.

Bidders indicating that their bid proposal will not comply with the 80% Colorado Labor requirement are required to submit written justification along with the bid submission. (Does not apply to any project that receives federal moneys) *

c. A Service-Disabled Veteran Owned Small Business (SDVOSB) per C.R.S. 24-103-211, means a business that is incorporated or organized in Colorado or maintains a place of business or has an office in Colorado and is officially registered and verified by the Center for Veteran Enterprise within the U.S. Department of Veteran Affairs.

Attach proof of certification along with the bid submission. *

d. Projects estimated to be $1 million or more that do not receive federal funds are required to comply with the State Apprenticeship Utilization requirements C.R.S.

24-92-115

e. Projects estimated to be $500,000 or more that do not receive federal funds are required to comply with the State Prevailing Wage requirements C.R.S. 24-92-201 through 210.

4. BID GUARANTEE: This Bid is accompanied by the required Bid Guarantee. Per C.R.S. §24- 105-201 If the construction value is $50,000 or greater a Bid Bond and Power of Attorney or Proposal Guaranty is required in an amount not less than 5% of the total Bid. You are authorized to hold said Bid Guarantee for a period of not more than thirty (30) days after the opening of the Bids for the work above indicated, unless the undersigned bidder is awarded the Contract, within said period, in which event the Office of the State Architect, may retain said Bid Guarantee, until the undersigned bidder has executed the required Agreement and furnished the required Performance Bond, Labor and Material Payment Bond, and Insurance Policy.

5. TIME OF COMPLETION: The bidder agrees to achieve Substantial Completion of the Project from the date of the Notice to Proceed within the number of calendar days entered above, and in addition, further agrees that the period between Substantial Completion and Final Acceptance of the Project will not exceed the number of calendar days noted above. If awarded the Work, the bidder agrees to begin performance within ten (10) days from the date of the Notice to Proceed subject to Article 46, Time of Completion and Liquidated Damages of the General Conditions of the Contract, and agrees to prosecute the Work with due diligence to completion. The bidder represents that Article 7D of the Contractor’s Agreement (SC-6.21) has been reviewed to determine the type and amount of any liquidated damages that may be specified for this contract.

6. EXECUTION OF DOCUMENTS: The bidder understands that if this Bid is accepted, bidder must execute the required Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance within ten (10) days from the date of the Notice of Award, and that the bidder will be required to sign to acknowledge and accept the Contract Documents, including the Drawings and Specifications.

7. ALTERNATES: Refer to the Information for Bidders (SC-6.12) for Method of Award for Alternates and use State Form SBP-6.13.1 Bid Alternates form to be submitted with this bid form if alternates are requested by the institution/agency in the solicitation documents.

8. Submit wage rates (direct labor costs) for prime contractor and subcontractor as requested by the institution/agency in the solicitation documents.

9. The right is reserved to waive informalities and to reject any and all Bids.

*Does not apply to projects for Institutions of Higher Education that have opted out of the State Procurement Code.

SIGNATURES: If the Bid is being submitted by a Corporation, the Bid shall be signed by an officer, i.e., President or Vice-President. If a sole proprietorship or a partnership is submitting the Bid, the Bid shall so indicate and be properly signed.

Dated this ________ Day of _______________________ , 20______

THE BIDDER:

By ________________________________________ _________________________________________________ Company Name Address

Phone Number ______________________________ _________________________________________________ City, State Zip Code

By ________________________________________ _________________________________________________ Name (Print) and Title Signature

SBP-6.131

Rev 7/2025 R1

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

BID ALTERNATES

Institution or Agency:

Project No./Project Name:

INSTRUCTIONS:

1. Refer to Item #8 in the Instructions to Bidders (SBP-6.12) for additional alternate information.

2. Additive alternates will not be used if deductible alternates are used. Deductible alternates will not be used if additive alternates are used.

3. Refer to the contract documents for thorough description(s) of the alternates.

4. If alternates are accepted, the base bid will be modified by the amount entered below.

ADDITIVE ALTERNATES

Alt. # Description of Additive Alternate Spec. Section Pricing

A.A.1 $

A.A.2 $

A.A.3 $

A.A.4 $

A.A.5 $

A.A.6 $

A.A.7 $

A.A.8 $

A.A.9 $

A.A.10 $ lanexxTX Line lanexxTX Line

SBP-6.131

Rev 7/2025 R1

DEDUCTIVE ALTERNATES

Alt. # Description of Deductive Alternate Spec. Section Pricing

D.A.1

D.A.2 $

D.A.3 $

D.A.4 $

D.A.5 $

D.A.6 $

D.A.7 $

D.A.8 $

D.A.9 $

D.A.10 $

THE BIDDER

BY_________________________________________________________________

Company Name

BY__________________________________________________________________

Signature Date gutt_m Text Box Not Applicable

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

BID BOND

Institution or Agency: Fort Lewis College

Project No./Project Name: FL2501 – Indigenous Garden

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, hereinafter called the “PRINCIPAL”, is submitting a PROPOSAL for the above described project, to the STATE OF COLORADO, hereinafter called the “OBLIGEE”.

WHEREAS, the Advertisement for Bids has required as a condition of receiving the Proposals that the Principal submit with the PROPOSAL GUARANTY in an amount not less than five per cent (5%) of the Proposal, which sum it is specifically agreed is to be forfeited as Liquidated Damages in the event that the Principal defaults in his obligation as hereinafter specified, and, in pursuance of which Requirement, this Bid is made, executed and delivered.

NOW THEREFORE, the Principal and a corporation of the State of , duly authorized to transact business in Colorado, as Surety, are held and firmly bound unto the Obligee, in the sum of five per cent (5%) of the Principal’s total bid price, lawful money of the United States for the payment of which sum, well and truly to be made to the Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

FURTHER THAT, a condition of the obligation that the Principal shall maintain his Proposal in full force and effect for thirty (30) days after the opening of the proposals for the project, or, if the Principal’s Proposal is accepted, the Principal shall, within the prescribed time, execute the required Agreement, furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance and Certification and Affidavit Regarding Illegal Aliens, then this obligation shall be null and void, otherwise it shall remain in full force and effect, and subject to forfeiture upon demand as Liquidated Damages.

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

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST _________________________________________________

Address

City, State Zip Code

By ________________________________________ _________________________________________________

Name (Print) Signature

Name (Print) and Title

If the “Principal” is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President or Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed.

If the “Principal” is an individual or a partnership, the Bid Bond shall so indicate and be properly signed.

(Corporate Seal) THE SURETY

____________________________________________ By_________________________________________________

Secretary Attorney-in-Fact

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

FAILURE TO PROVIDE A PROPERLY EXECUTED BID BOND WITH A PROPERLY EXECUTED POWER

OF ATTORNEY WILL RESULT IN THE BIDDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE.

SBP-6.15

07/2025

STATE OF COLORADO

NOTICE OF AWARD

(DESIGN/BID/BUILD AND DESIGN/BUILD LUMP SUM AGREEMENTS)

Date of Notice:

Institution or Agency: Fort Lewis College Project No./Project Name: FL2501 – Indigenous Garden

TO: [Legal name and Address of Contractor]

The State of Colorado, represented by the undersigned, has considered the Proposals submitted for the above described work.

Your Proposal, deemed to be in the best interest of the State of Colorado, in the amount of DOLLARS AND NO/100* ($ *) is hereby accepted, pending final execution of the Agreement.

You are required to execute the approved Agreement and to furnish the Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance, [Apprenticeship Utilization Certification(s) (if applicable)] and Labor Overhead (Direct Labor Burdens) for Work performed by Contractor and major Subcontractors within ten (10) days from the date of this Notice.

If you fail to execute said Agreement and to furnish said Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance, and Labor Overhead (Direct Labor Burdens) as described above within ten (10) days from the date of this Notice, the State Controller is entitled to retain the amount of the Proposal Guaranty submitted with your Proposal as Liquidated Damages. In this event, the right is reserved to consider all of your rights arising out of the acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to re-advertise the Project, or otherwise dispose thereof.

By: ________________________________________ By: ________________________________________

State Buildings Program Date Principal Representative Date Print Name & Title (Name of Agency/IHE)

State Form SC-6.22 Page 1 of 2 (Rev. 7/2022)

STATE OF COLORADO

STATE BUILDINGS PROGRAM

PERFORMANCE BOND

Institution/Agency: Fort Lewis College Project No./Name: FL2501 / Indigenous Garden

KNOW ALL PERSONS BY THESE PRESENTS:

That the Contractor as Principal and hereinafter called “Principal,” as Surety and hereinafter called “Surety,” a corporation organized and existing under the laws of are held and firmly bound unto the STATE OF COLORADO acting by and through the Institution/Agency identified above hereinafter called the “Principal Representative”, in the sum of:

Dollars ($ )

(Written Amount) (Numerical Amount) for the payment whereof the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents.

WHEREAS, the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, hereinafter called “Contract,” dated for the construction of a PROJECT (Leave blank, to be completed by Institution/Agency) identified above, which Contract is hereby by reference made a part hereof;

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

State Form SC-6.22 Page 2 of 2 (Rev. 7/2022)

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

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

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

IN WITNESS WHEREOF said Principal and Surety have executed this Bond, on

(If left blank, the Institution/Agency will date this bond to match the Contract date)

ATTEST:

By:

Title:

Secretary

(Corporate Seal) SURETY

By

Attorney-in-fact

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

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

SC-6.221 Page 1 of 2 (Rev. 7/2022 R1)

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

LABOR AND MATERIAL BOND

Institution/Agency:

Project No./Name:

KNOW ALL PERSONS BY THESE PRESENTS:

That the Contractor as Principal and hereinafter called “Principal,” as Surety and hereinafter called “Surety,” a corporation organized and existing under the laws of are held and firmly bound unto the STATE OF COLORADO acting by and through the Institution/Agency identified above hereinafter called "Principal Representative," and to all subcontractors and any others who have supplied or furnished or shall supply or furnish materials, rental machinery, tools, or equipment actually used in the performance of the hereinafter identified Contract, or who have performed or shall perform labor in the performance of or in connection with said Contract, hereinafter called "Obligees" in the sum of:

Dollars ($ )

(Written Amount) (Numerical Amount) together with interest at the rate of eight per cent (8%) per annum on all payments becoming due in accordance with said Contract, from the time such payments shall become due until such payment shall be made, for the payment of which, well and truly made to the Obligees, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents.

WHEREAS, the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, hereinafter called "Contract," dated for the construction of a PROJECT (Leave blank, to be completed by Institution/Agency) identified above, which Contract is hereby by reference made a part hereof;

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

SC-6.221 Page 2 of 2 (Rev. 7/2022 R1)

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

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

IN WITNESS WHEREOF, the Principal and the Surety have executed this Bond, , on

(If left blank, the Institution/Agency will date this bond to match the Contract date)

ATTEST:

Title:

Secretary

(Corporate Seal) SURETY

Attorney-in-fact

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

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

SC-6.21

Rev. 07/2025

STATE OF COLORADO

CONTRACTOR'S AGREEMENT

DESIGN/BID/BUILD (D/B/B)

(STATE FORM SC-6.21)

State Agency Fort Lewis College Department I.D.

GSAA

Contract I.D. Number

FL2501 - XXX

Project Number

FL2501

Project Name Indigenous Garden Contractor Name Insert Contractor's full Legal Name including "Inc.", "LLC" etc.

Principal Representatives For the State:

Name Department Name Address Line 1 Address Line 2 City, State ZIP Email

For Contractor:

Name Company Name Address Line 1 Address Line 2 City, State ZIP Email

ATTACHMENT 1: The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23)

Rev. 02/2025 TOC

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

(STATE FORM SC-6.21)

TABLE OF CONTENTS… ...................................................................................................... Page Table of Contents for the entire Agreement is located in THE GENERAL CONDITIONS OF THE

CONTRACTOR’S DESIGN/BID/BUILD (D/B/B) AGREEMENT (SC-6.23)

SIGNATURE PAGE ........................................................................ Error! Bookmark not defined.

RECITALS:

1 ARTICLE 1 PERFORMANCE OF THE WORK

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

3 ARTICLE 3 TIME OF COMPLETION

4 ARTICLE 4 ESSENTIAL CONDITION

5 ARTICLE 5 CONTRACT SUM

5.1 CONDITION PRECEDENT

6 ARTICLE 6 CONTRACT DOCUMENTS

6.1 CAPITALIZED TERMS

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

7.1 MODIFICATION OF ARTICLE 2: Execution, Correlation, Intent of Documents, Communication and Cooperation

7.2 MODIFICATION OF ARTICLE 13: Shop Drawings, Product Data and Samples

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

7.5 MODIFICATION OF ARTICLE 39: Non-Binding Dispute Resolution – Facilitated Negotiations

7.6 MODIFICATION OF ARTICLE 45: Guarantee Inspections After Completion

7.7 MODIFICATION OF ARTICLE 46: Time of Completion and Liquidated Damages

8 ARTICLE 8 NOTICE IDENTIFICATION

EXHIBIT A: CONTRACTORS BID ........................................................................................... A EXHIBIT B: PERFORMANCE BOND ....................................................................................... B EXHIBIT C: LABOR AND MATERIAL PAYMENT BOND ........................................................... C EXHIBIT D: INSURANCE CERTIFICATE(S) ............................................................................... D EXHIBIT E: BUILDING CODE COMPLIANCE POLICY ............................................................... E EXHIBIT F: STATE SALES AND USE TAX FORM ..................................................................... A

EXHIBIT G: APPLICABLE PREVAILING WAGE DETERMINATIONS AND APPRENTICESHIP

CONTRIBUTION RATES ........................................................... Error! Bookmark not defined.

Rev. 07/2025

EXHIBIT H: APPRENTICESHIP UTILIZATION CERTIFICATIONS ...... Error! Bookmark not defined.

SUPPLEMENTARY GENERAL CONDITIONS: FEDERAL PROVISIONS

Rev. 07/2025 1

SIGNATURE PAGE

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature.

In accordance with §24-30-202, C.R.S., this Contract is not valid until signed by the State Controller (or an authorized delegate) or the Board of Trustees for Fort Lewis College per the Fiscal Rules of the individual Institution of Higher Education

Project Number/Name: FL2501 – Indigenous Garden Contract ID No.: FL2501 - XXX

CONTRACTOR

INSERT: Legal Name of Contractor

By: Name & Title of Person Signing for Contractor

Date: __________________

STATE OF COLORADO

Jared S. Polis, Governor

Acting by and through the Board of Trustees for Fort Lewis College

By: Stacie Ewing, Budget Director

Date: __________________

OFFICE OF THE STATE ARCHITECT

State Buildings Program

By: Mark Gutt – Director of Planning, Design and Construction

Date: __________________

In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated below by the State

Controller (or an authorized delegate) or the Title of IHE CFO per the Fiscal Rules of the individual Institution of Higher Education

VICE PRESIDENT for FINANCE and ADMINISTRATOIN

By: Samantha Gallagher Effective Date: __________________

Rev. 02/2025 2

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAM

CONTRACTOR'S DESIGN/BID/BUILD (D/B/B) AGREEMENT

(STATE FORM SC-6.21)

Department ID: GSAA Contract ID #: FL2204 - XXX Project #:FL2501

1. PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Insert Department's or IHE's Full Legal Name hereinafter referred to as the State or Principal Representative, and Insert Contractor's full Legal Name including "Inc.", "LLC" etc.

having its offices at Street address, City, State and Zip Code hereinafter referred to as the Contractor.

2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the State Controller or its designee (hereinafter called the “Effective Date”), but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred before the Effective Date.

RECITALS:

WHEREAS, the Principal Representative intends to engage the services of a Contractor for FL2501–- Indigenous Garden hereinafter called the Project; and

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.

WHEREAS, the State has Appropriated and the Principal Representative has been authorized to expend the total sum of THREE-HUNDRED SIXTY THOUSAND and 00/100 Dollars ($360,000.00) for this project including all professional services, construction/improvements, project contingencies, furnishings, movable equipment, reimbursable expenses and miscellaneous expenses; and

(WHEREAS, funds are available for only a portion of the services defined herein, as more fully described in the funding Condition Precedent clause in Article 5.1; and)

WITNESSETH, that the State of Colorado and the Contractor agree as follows:

Rev. 02/2025 3

1 ARTICLE 1 PERFORMANCE OF THE WORK

The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents for the above referenced Project.

2 ARTICLE 2 PROVISIONS OF THE CONTRACT DOCUMENTS

The Contractor agrees to perform the Work to the highest industry standards and to the satisfaction of the State of Colorado and its contractor in strict accordance with the provisions of the Contract Documents.

3 ARTICLE 3 TIME OF COMPLETION

The Contractor agrees to Substantially Complete the Project within calendar days from the date of the Notice to Proceed, in addition, the Contractor agrees to finally complete the Project from Substantial Completion to Final Acceptance within calendar days for a total time of completion of the entire Project of calendar days.

The Contractor shall perform the Work with due diligence to completion.

4 ARTICLE 4 ESSENTIAL CONDITION

Timely completion of the Project is an essential condition of this Agreement. The Contractor shall be subject to any liquidated damages described in Article 7.6 for failure to satisfactorily complete the Work within the time periods in Article 3 above.

5 ARTICLE 5 CONTRACT SUM

The Contractor shall be paid for the performance of this Agreement, subject to any additions and deductions as provided for in Articles 32, 34 and 35 of The General Conditions of the Construction Contract SC-6.23, the sum of INSERT DOLLAR VALUE IN

WORDS DOLLARS AND NO/100 ($ ).

Name of Document Short Description of Work/Date Dollar Amount Base Bid Amount Base Bid Alt. # Alt. #

Total Contract Sum -$

Rev. 02/2025 4

5.1 CONDITION PRECEDENT

(At the time of the execution of this Agreement, there are sufficient funds budgeted and appropriated to compensate the Contractor only for performance of the services through and including Insert the project phases that have been fully funded Therefore, it shall be a Condition Precedent to the Contractor’s performance of the remaining services and the State's liability to pay for such performance, sufficient funding must be appropriated and made available to the Principal Representative for the Project prior to and, as a further Condition Precedent, a written Amendment is entered into in accordance with the State of Colorado Fiscal Rules, stating that additional funds are lawfully available for the project. If either Condition Precedent is not satisfied by , the Contractor’s obligation to perform services for Insert the scope pf work or phases that will be completed in the future and the State's obligation to pay for such service is discharged without liability to each other. If funding is eventually made available after , the Contractor has no right to perform services under of this Agreement and the state has no right to require the Architect/Engineer to perform the said services.)

6 ARTICLE 6 CONTRACT DOCUMENTS

The Contract Documents, as enumerated in Article 1.1 of The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement (SC-6.23), (the “General Conditions”).

The Contract Documents, including the General Conditions, are all essential parts of this Agreement and are fully incorporated herein.

6.1 CAPITALIZED TERMS

Capitalized terms used herein and not defined shall have the meanings ascribed to them in The General Conditions of Design/Bid/Build (D/B/B) Agreement (SC-6.23)

7 ARTICLE 7 OPTIONAL PROVISIONS AND ELECTIONS

The provisions of this Article 7 alter or enlarge upon the following Articles (the General Conditions of the Contractor’s Design/Bid/Build Agreement SC-6.23):

7.1 MODIFICATION OF ARTICLE 2: Execution, Correlation, Intent of Documents, Communication and Cooperation.

If the box below is marked, certification of apprenticeship utilization is required for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical and plumbing work on the project.

☐ ______ Principal Representative initial

7.2 MODIFICATION OF ARTICLE 13: Shop Drawings, Product Data and Samples

If the box below is marked, the Buy Clean Colorado Act, §24-92-117, C.R.S., shall be applicable to the Project. The Contractor is responsible for submitting Environmental Product Declaration (EPD) information for all eligible materials to be used on the project.

☐ ______ Principal Representative initial

7.3 MODIFICATION 1 OF ARTICLE 27: Labor and Wages

Rev. 02/2025 5

If the box below is marked, the Federal Davis-Bacon Act shall be applicable to the Project.

The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

7.4 MODIFICATION 2 OF ARTICLE 27: Labor and Wages

If the box below is marked, the State prevailing wage statute shall be applicable to the Project. The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

☐ ______ Principal Representative initial

7.5 MODIFICATION OF ARTICLE 39: Non-Binding Dispute Resolution – Facilitated Negotiations

If the box below is marked, and initialed by the State as noted, the requirement to participate in facilitated negotiations shall be deleted from this Contract. Article 39, Non- Binding Dispute Resolution – Facilitated Negotiations, shall be deleted in its entirety and all references to the right to the same where ever they appear in the contract shall be similarly deleted.

The box may be marked only for projects with an estimated value of less than $500,000.

☒ ______ Principal Representative initial

7.6…