Lathrop WW Specifications.pdf

Construction Documents For

LATHROP STATE PARK

WASTEWATER FORCE MAIN PROJECT

70 COUNTY ROAD 502

WALSENBURG, COLORADO 81089

INVITATION FOR BIDS 2017-188

Mandatory Pre-Bid February 24, 2017, 10:00 AM Conference: Lathrop State Park, Visitor Center

Written Questions Due By: February 28, 2017, 4:00 PM Fax: 719-227-5264 or email: cheryl.bean@state.co.us

Deadline for Receipt of March 3, 2017 at 4:00 PM Invitation for Bid: Colorado Parks & Wildlife Southeast Regional Office 4255 Sinton Road Colorado Springs, Colorado 80907 Attention: Cheryl Bean

TABLE OF CONTENTS

WASTEWATER FORCE MAIN PROJECT

Table of Contents: 1 of 1

BIDDING AND CONTRACT INFORMATION

INVITATION FOR BID

INSTRUCTIONS TO BIDDERS

BID SCHEDULE

SAMPLE CONTRACT AGREEMENT

SAMPLE LABOR AND MATERIAL BOND

SAMPLE PERFORMANCE BOND

GENERAL REQUIREMENTS AND COVENANTS FOR CAPITAL CONSTRUCTION

DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01110 SUMMARY OF WORK

SECTION 01123 MINOR CONTRACT REVISIONS

SECTION 01270 UNIT PRICES

SECTION 01310 CONSTRUCTION MEETINGS

SECTION 01320 CONSTRUCTION SCHEDULE

SECTION 01330 SUBMITTALS

SECTION 01400 QUALITY REQUIREMENTS

SECTION 01430 QUALIFICATIONS OF TESTING PERSONNEL AND LABORATORIES

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS

SECTION 01550 TRAFFIC CONTROL

SECTION 01720 FIELD SURVEY

SECTION 01740 PROJECT CLEANING

SECTION 01780 PROJECT RECORD DRAWINGS

DIVISION 2 – SITE WORK

SECTION 02050 MOBILIZATION

SECTION 02200 EARTHWORK

SECTION 02221 TRENCHING, BACKFILLING, AND COMPACTING

SECTION 02224 PIPE BORING AND JACKING

SECTION 02230 DEMOLITION, CLEARING AND GRUBBING

SECTION 02515 VALVES

SECTION 02535 PRECAST CONCRETE MANHOLES

SECTION 02575 PAVEMENT REPAIR AND RESURFACING

SECTION 02630 HIGH DENSITY POLYETHYLENE PIPE

SECTION 02921 RE-VEGETATION

SECTION 03315 GROUT

DIVISION 11 – EQUIPMENT

SECTION 11346 SUBMERSIBLE GRINDER PUMPS

APPENDIX 1 – REPORTS

GEOTECHNICAL INVESTIGATION BY CTL/THOMPSON FOR LIFT STATION AND FORCE MAIN AT

LATHROP STATE PARK Project No. CS18489-125

APPENDIX 2 - PROJECT DRAWINGS

CS COVER SHEET

1 OVERALL SITE PLAN

2 FORCE MAIN PLAN & PROFILE

FORCE MAIN PROJECT

Table of Contents: 2 of 2

3 FORCE MAIN PLAN & PROFILE

4 FORCE MAIN PLAN & PROFILE

5 FORCE MAIN PLAN & PROFILE

6 FORCE MAIN PLAN & PROFILE

7 FORCE MAIN PLAN & PROFILE

8 FORCE MAIN PLAN & PROFILE

9 LIFT STATION SECTION VIEW

10 LIFT STATION PLAN VIEW

11 AIR/VAC AND BORE DETAILS

12 MANHOLE AND TRENCH DETAILS

13 ELECTRICAL ONE-LINE DIAGRAM

INVITATION FOR BID

Invitation for Bid: 1 of 1

1. SCOPE OF WORK: Colorado Parks and Wildlife is accepting bids for the construction of a wastewater lift station and approximately 8,500 LF of 2” HDPE force main to connect the Lathrop State Park Pinon Campground wastewater system to the City of Walsenburg wastewater collection system.

2. SEALED BIDS will be received by the Project Manager, Cheryl Bean, at the Colorado Parks and Wildlife

Southeast Region Office, 4255 Sinton Road, Colorado Springs, CO 80907 until March 3, 2017 at 4:00 PM, after which the bids will then be read in public. Bids shall be submitted using the Bid Schedule provided in the Construction Documents. On-line bid submittals are not accepted.

3. BID BOND: A 5% bid bond, certified check, or cashier’s check is required for all jobs where the bid exceeds

$100,000.

4. CONSTRUCTION DOCUMENTS will be available on the State of Colorado Vendor Self Serve website www.colorado.gov/vss.

5. MANDATORY PRE-BID CONFERENCE: February 24, 2017, 10:00 AM, Lathrop State Park, Visitor Center

6. QUESTIONS: February 28, 2017 at 4:00 PM will be the last time that written questions can be submitted in writing directed to Cheryl Bean, Project Manager at Cheryl.Bean@state.co.us or fax: (719) 227-5264. If necessary addendums will be posted ONLY on the Colorado Vendor Self Serve website.

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

7. CONTRACT LENGTH: All work must be completed by June 30, 2017.

INSTRUCTIONS TO BIDDERS

Instructions to Bidders: 1 of 6

1. Bidders must review the plans and specifications, construction site and conditions in their entirety, and determine the problems that may be encountered in performing the work. The bidder shall include any costs associated with his findings in the prices quoted in the proposal. Documents will be available on the State of Colorado Vendor Self Serve website www.colorado.gov/vss. No additional copies of the drawings and specifications will be provided by the Colorado Parks and Wildlife at any time before or after the bid opening.

2. All construction work must conform to the requirements stated in the “General Requirements and Covenants for Capital Construction.” References to Colorado Division of Parks and Outdoor Recreation and Colorado Division of Wildlife are interchangeable with, and shall also mean Colorado Parks and Wildlife.

3. QUESTIONS: All questions concerning this project shall be in writing directed to the Project Manager identified in the Invitation for Bid. The Invitation for Bid also identifies important dates and deadlines for this project.

4. BID SCHEDULE:

A. The Bidder must complete the Minority Business, Service Disabled Veteran Owned Small Business and Colorado Labor statements as well as acknowledge addendum(s) on the first page of the Bid Schedule.

B. All bid items must be priced or the bid will be disqualified. The bidder shall write in words and numerically the total base bid amount and add alternate (if applicable) amounts on the included Bid Schedule. If conflicts exist between the written words and the numerical amount, the actual line item unit costs shall take precedence.

C. The Bidder must include the Vendor ID obtained from registration on the Colorado VSS website.

D. The Bid Schedule must be signed manually in ink:

1) If the bidder is a corporation, use the corporate signature block, insert the name of the state in which the company was incorporated, and include the Employer Identification Number (E.I.N.) in the appropriate spaces. The bid must be signed by an officer (President or Vice President), and the title indicated. The signature of the officer shall be attested to by the Secretary and properly sealed. Cross out incorrect titles and insert correct ones, if necessary.

2) If the bidder is a partnership, use the partnership signature block. Cross out the word "Limited" if the partnership is a general one. Print each partner's name and note the proportion of the partnership that each partner has. The majority or general partner must sign the proposal. The same person must sign the contract, if awarded. Print the company name in the appropriate space.

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

5. BID BOND: A bid bond is required for all competitive sealed bids where the bid exceeds $50,000. A bid guarantee in an amount not less than five percent (5%) of the total bid price must be submitted in the form of a firm commitment, such as a bid bond, bank money order, certified check or cashier's check. Checks or money orders should be made payable to the Treasurer, State of Colorado. An irrevocable letter of credit is not acceptable as a bid guarantee. Failure to furnish a bid guarantee in the proper form and amount by the time set for opening of bids may be cause for rejection of the bid.

6. PERFORMANCE, LABOR AND MATERIAL BONDS: The successful bidder shall furnish bonds in the amount of 100% of the contract price for performance and for material and labor payment when the bid is equal to or exceeds $150,000. The bonds shall be executed on the standard State of Colorado form. The State requests that the Surety and Contractor leave the date of the Contract found on the first page of each bond form blank.

The date will be penned in after the State Controller executes the contract. These bonds will be submitted along with the standard State Agreement form within 10 days of the "Notice of Award."

7. RESIDENT BIDDER PREFERENCE: When a contract for commodities or services is to be awarded to a bidder on projects greater than $500,000 - a resident bidder shall be allowed a preference against a nonresident

Instructions to Bidders: 2 OF 6 bidder equal to the preference given or required by the state in which the nonresident bidder is a resident.

(8-19-104 C.R.S.) A resident bidder is authorized to transact business in the State of Colorado, maintains a place of business in Colorado and pays unemployment compensation taxes.

8. SERVICE DISABLED VETERAN OWNED SMALL BUSINESS: SDVOSBs who are incorporated or organized in Colorado, or maintain a place of business or have an office in Colorado and who are officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of Veterans Affairs, may receive a 5% preference on their bid. This preference applies on to the price, and the SDVOSB must still meet all other qualifications required in the bid. SDVOSBs claiming preference shall submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in the response solicitation. Bid submissions without this documentation will not be given a preference.

9. COLORADO LABOR: Colorado labor shall be employed to perform at least eighty percent (80%) of the work on a public works project greater than $500,000 per C.R.S. 8-17-101. A State agency may waive the 80% requirement and post justification on the website if there is reasonable evidence to demonstrate insufficient Colorado labor to perform the work, and if compliance would create an undue burden that would substantially prevent a project from proceeding to completion. Posting of the agency’s written waiver should include, but not be limited to, the contractor’s justification for insufficient available Colorado labor and the agency’s determination that there is an undue burden which negatively impacts the project schedule, budget/appropriation, quality/standards of care or any other specific requirement of the project due to compliance with the 80% Colorado labor requirement. The posting of rational should be made on the date of the contract award and remain for not less than thirty (30) calendar days in a conspicuous web site location of the State agency under the title “Reporting Requirements for Public Project as per HB 13-1292”.

10. SUBMITTAL OF BID: The completed Bid schedule must be received by the deadline identified in the Invitation for Bid. The following items must be included as part of the bid:

a. Completed Bid Schedule

b. Bid Bond, if required.

c. SCVOSB certification

d. Colorado labor justification if not using 80% Colorado labor.

This information is to be enclosed in a sealed envelope marked “SEALED BID”. Include the project name, bid opening date and time, bidder’s name and address in the upper left corner of the envelope. The envelope shall be addressed to:

ATTN: Cheryl Bean Colorado Parks and Wildlife

Southeast Regional Office 4255 Sinton Road Colorado Springs, CO 80907

11. METHOD OF AWARD: The lowest responsible bid, taking into account the Colorado resident bidder preference provision of Colorado Law which is hereinafter set forth in Article 48 of the General Conditions, will be determined by and the contract will be issued, to the extent that the total dollar amount is within available funds to finance the construction. If all bids exceed such amount, the right is reserved to reject all bids. The Division of Parks and Wildlife reserves the right to reject any or all proposals, to waive informalities, and to accept any proposal deemed desirable.

Additive alternates may be used in determining the lowest responsible bidder within the amount available to finance the contract, added in the numeric order listed. An equal number of alternates shall be added to the base bid of each bidder within funds available to finance the contract for purposes of determining the lowest responsible bidder.

Instructions to Bidders: 3 OF 6

The bidder must be registered to do business in the State of Colorado with the Secretary of State www.sos.state.co.us A certificate of Good Standing will be required to process the contract.

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

12. UNIT PRICE: The unit price quoted in the proposal shall include the costs of labor, materials, equipment, and incidentals required to provide a fully complete and functioning unit as shown and described in the plans and specifications. The price stated in the proposal shall be complete, and represent total payment for each item in the proposal. No additional payment will be made for the work presented in the proposal.

13. INSURANCE: The successful bidder will be required to submit proof of insurance at the time of executing the agreement. Proof of insurance must be submitted on certificates showing at least the minimum coverage amounts indicated below and shall be maintained at all times during the term of this contract:

1) Workers’ Compensation Insurance as required by state statute, and Employer’s Liability Insurance covering all of contractor’s employees acting within the course and scope of their employment.

2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence;

b. $1,000,000 general aggregate;

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

d. $50,000 any one fire.

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

3) Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit.

A. The State of Colorado must be named as an Additional Insured on the Commercial General Liability policy (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent), and Colorado Parks and Wildlife named as the certificated holder. Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado. An additional Insured Endorsement amending such policy or policies must be presented to the State with the signed agreement.

B. The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the State by certified mail.

C. The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

D. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to the State. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof.

14. FAILURE TO EXCUTE AGREEMENT: If the successful bidder, upon acceptance of his bid by the OWNER, Instructions to Bidders: 4 OF 6 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.

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

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

17. QUANTITIES: Quantities stated in the bid documents are estimates only and may increase or decrease during construction. The contractor will perform the required quantity of work based on the unit prices stated in the Bid Schedule/proposal except as provided in Section 4.2 of the "General Requirements and Covenants for Capital Construction."

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

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

20. STORMWATER MANAGEMENT PLAN: This project may disturb more than 1 acre of ground, based on the construction technique used by the Contractor. A State stormwater control permit may be required. The Contractor must submit a copy of the permit certification and the Stormwater Management Plan to the Project Manager for approval prior to commencement of the Work. The plan shall describe how the work shall remain in compliance with the requirements of the Stormwater Management Program of the State Health Department.

21. Colorado Parks and Wildlife shall not be obligated or liable for any cost incurred by any company or individual reviewing this proposed project or prior to the issuance of a contract approved by the Controller of the State of Colorado or such assistant as he may designate. Any and all costs, to review the project, inspect the proposed construction site, prepare and or submit bids will be the sole responsibility of the bidder.

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

23. ENVIRONMENTALLY PREFERABLE PRODUCTS: In accordance with procurement code, CRS 24-103-207.5 titled “Purchasing Preference for Environmentally Preferable Products” - bidders responding to this solicitation may seek to qualify for the preference and governmental bodies conducting this solicitation shall award a contract to a bidder who offers environmentally preferable products subject to the condition in the code and procurement rules.

24. ALTERNATIVE PRODUCTS: Certain materials and equipment have been specified by manufacturers’ trade names. This was done to establish the minimum quality and type of product desired. Alternatives to the

Instructions to Bidders: 5 OF 6 manufacturers’ products may be used if the Project Manager determines they are equal. The Award will be based on the products identified in the plans. However, the contractor may submit such evidence prior to the final date and time for questions for the Owner’s Representative’s determination and approval.

25. DAVIS-BACON WAGE LAW: The subject Project is not a prevailing wage rate project so Davis-Bacon Wage

Rates do not apply.

26. CONTRACT LENGTH: All work must be substantially completed no later than June 30, 2017.

27. NOTICE OF CONTRACTOR’S SETTLEMENT: If the project exceeds $50,000.00 a Final Settlement will be advertised via electronic media on the Colorado VSS website at www.colorado.gov/vss.

28. WORK HOURS: All work on this project site will be allowed from 7 AM to 7 PM, or otherwise approved by the Project Manager.

29. LIQUIDATED DAMAGES: The parties agree that time is of the essence of the Contract and of the

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

The liquidated damages set forth is an amount, agreed to by the Contractor and the Division, as reasonably representing additional project construction administration costs incurred by the Division if the Contractor fails to complete performance within the contract time. For this project the Liquidated Damages will be $700.00 per calendar day.

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

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

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

(a) PERFORMANCE MEASURES AND STANDARDS:

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

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

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

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

The State’s Project Manager and the Contractor shall conduct Construction Progress Meetings and Quantity Verification Inspections at least monthly or as otherwise determined necessary during Construction activities.

(b) ACCOUNTABILITY:

Project and Contract administration will provide accountability by documenting and evaluating the progression of construction and the ability to follow the agreed upon construction schedule. The Contractor shall report regularly on achievement of the performance measures and standards specified above and

Instructions to Bidders: 6 OF 6 failure to do so allows the governmental body to withhold payment until successful completion of all or part of the contract and the achievement of established performance standards. Payment by the State to the Contractor shall be made without delay upon successful completion of all or any part of the contract in accordance with the payment schedule specified in the contract or as otherwise agreed upon by the parties.

(c) MONITORING REQUIREMENTS:

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

(d) NONCOMPLIANCE RESOLUTION:

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

Bid Schedule

STATE OF COLORADO

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF PARKS AND WILDLIFE

Wastewater Force Main Project

Bid Schedule: 1 OF 4

, Vendor ID (Business Name) (from VSS registration)

Proposes to furnish all labor, equipment, materials, and incidentals needed to complete the Wastewater Force Main Project at Lathrop State Park. The work shall be completed by June 30, 2017. We have read and made, the “Instructions to Bidders”, the “General Requirements and Covenants for Capital Construction”, the Written Specifications, and the Construction Drawings as part of this bid.

Minority Business Statement: The undersigned bidder shall certify by circling below that the corporation, partnership, or sole proprietorship

IS or IS NOT 50 percent (50%) or more owned and operated by a socially or economically disadvantaged group per the Small Business Administration.

Service Disable Veteran Owned Small Business Statement: The undersigned bidder shall certify by circling below that the corporation, partnership, or sole proprietorship

IS or IS NOT claiming a 5% bid preference in accordance with C.R.S. 24-103-211. SDVOSB certification must be included with the bid response.

Colorado Labor Statement: The undersigned bidder shall certify below by indicating the percentage of Colorado labor of the total workforce to be utilized for this project (if the project cost is greater than $500,000) in accordance with C.R.S. 8-17-101. If the amount of Colorado labor does not equal at least 80% a written justification for the actual percentage provided must be included with the bid response.

% of Colorado Labor =

Addendum Inclusion Statement: The undersigned bidder shall certify by listing below that all Addendums have been considered and included as part of the Contractor’s proposal. The Addendum numbers that the Contractor has included as part of his proposal shall be listed in the space provided. Contractor wishing to submit a bid must review the BIDs website for any posted addendums (modifications).

Addendums:

Force Main Project

Bid Schedule: 2 OF 4

Base Bid: Furnish and install all materials and labor for the completion of the Force Main Project per the Construction Drawings and Specifications.

Item Base Bid: Quantity Unit Unit Cost Total Item Cost

1. Mobilization 1 LS $ $

2. Geotechnical Testing of Construction 1 LS $ $

3. Traffic Control 1 LS $ $

4. Field Survey 1 LS $ $

5. Demolition; Clear & Grub 1 LS $ $

6. 2” HDPE Force Main 8500 LF $ $

7. Rock Excavation for 2” Force Main 4000 LF $ $

8. 2” Force Main Gate Valves 5 EA $ $

9. Flushing Connection 4 EA $ $

10. Air Vacuum Station 4 EA $ $

11. Culvert Crossing – Open Cut

STA 17+25 & 30+50

2 EA $ $

12. STA 84+00 HWY 160 Crossing – Bore 140 LF $ $

13. STA 44+00 Creek Crossing – Bore 200 LF $ $

14. Existing Utility Crossings – 4 Water & 1 Wastewater; will require potholing to determine location

5 EA $ $

15. 5’ ID Manhole connection to existing 8” main from campground, and +/- 36 LF 8” PVC to next MH

1 LS $ $

16. Lift Station including 6’ ID Manhole, 2 Sulzer ABS S26/2W Piranha Pumps, electric panel, floats, piping, vent, and +/- 6 LF 2” PVC to next MH

1 LS $ $

17. 4’ ID Manhole with Meter & Valve, vent

1 LS $ $

18. 5’ ID Manhole Tie In at STA 84+70.45 1 LS $ $

19. Asphalt Repairs 300 SY $ $

20. Re-vegetation 1 LS $ $

21. Site Electric Service 1 LS $ $

22. Startup & Commissioning 1 LS $ $

Bid Schedule: 3 OF 4

Base Bid TOTAL AMOUNT _$______________________

Base Bid TOTAL AMOUNT: (PLEASE WRITE OUT BID AMOUNT)

$____________________________________________________________________________DOLLARS

Add Alternate Bid Item #1: Furnish and install all materials and labor for the construction of a 10’ wide gravel driveway to the lift station site extending approximately 400 LF from the Hogback Nature Trail parking lot with 4” thick CDOT Class 6 aggregate base course. Scope of Work includes minor grading and compaction of subgrade, placing, grading and compacting ABC.

Item Base Bid: Quantity Unit Unit Cost Total Item Cost

1A Lift Station Driveway 85 TON $ $

Add Alternate #1 TOTAL AMOUNT _$______________________

Add Alternate #1 TOTAL AMOUNT: (PLEASE WRITE OUT BID AMOUNT)

Add Alternate Bid Item #2: Furnish and install all materials and labor for the completion of installing a yard hydrant near lift station. Scope of work to include tapping existing 4” PVC water line near campsite 34 in Pinon Campground, installing a curb stop with valve box on new 1” PVC, installing approximately 820 LF 1” PVC waterline paralleling existing sanitary sewer alignment to lift station, installing 1 Freeze Flow Executive Yard hydrant, and re-vegetating the disturbed corridor. Waterline shall have 6’ of cover.

Item Base Bid: Quantity Unit Unit Cost Total Item Cost

2A Freeze Flow Executive Yard Hydrant 1 EA $ $

2B 1” PVC Waterline 820 LF $ $

2C Tap, Curb Stop and Valve Box 1 LS $ $

2D Re-vegetation 1 LS $ $

Add Alternate #2 TOTAL AMOUNT _$______________________

Add Alternate #2 TOTAL AMOUNT: (PLEASE WRITE OUT BID AMOUNT)

Bid Schedule: 4 OF 4

(A Corporate Signature Block)

Company Name

A Corporation

Date , 20 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

E.I.N. OR S.S. # by General Partner

(A Sole Proprietorship Signature Block)

A Sole Proprietorship of (dba)

S.S. # by Owner

ROUTING # 17-CC -

CORE ID: CT PMAA 2017*

STATE OF COLORADO

CONTRACT AGREEMENT

THIS AGREEMENT is entered into by and between the STATE OF COLORADO for the use and benefit of the Department of Natural Resources, Colorado Division of Parks and Wildlife, 1313 Sherman Street, Denver, Colorado 80203, hereinafter referred to as the State, and <CONTRACTOR>, hereinafter referred to as the Contractor.

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

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

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

NOW THEREFORE, it is hereby agreed that:

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

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

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

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

5. The Contractor agrees that his failure to complete the work within the time allowed shall be considered as a breach of the Contract and entitles the State 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 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. To the extent authorized by law, 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 drawings, and Contractor’s Proposal Exhibit A Exhibit B Exhibit C

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

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. PERFORMANCE OUTSIDE THE STATE OF COLORADO AND/OR THE UNITED STATES

Following the Effective Date, Contractor shall provide written notice to the State within 20 days of the earlier to occur of Contractor’s decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this section shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Contractor to provide notice to the State under this section shall constitute a material breach of this Contract.

13. 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 8-26-2015

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17-CC- CORE ID #

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 Department of Natural Resources

Robert W. Randall, Executive Director Colorado Parks and Wildlife

Signature

Title:____________________________________

2nd Contractor Signature if Needed

By: __________________________________

Title:

LEGAL REVIEW

Cynthia Coffman, Attorney General

By:_______________________________________________

Signature - Assistant Attorney General

Pre-Approved Form Contract Reviewer

By _________________________

ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER

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

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By:_________________________

Maggie Van Cleef, Purchasing Director Department of Natural Resources

Date:_____________________

EXHIBIT A

Supplement to the General Requirements and Covenants for Capital Construction, Published by Division of Parks and Outdoor Recreation 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 Outdoor Recreation 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.