Colorado Parks and Wildlife

Construction Documents For

ARKANSAS HEADWATERS RECREATION AREA

RUBY MOUNTAIN RECREATION SITE

CAMPGROUND REDEVELOPMENT

Project # C16AR1

The exit for Ruby Mountain is located south of Buena Vista on U.S. Highway 285 between mile markers l44 and 145. Turn east (towards the river) on Chaffee County Road 301, which can be identified by the large, yellow River Runners signs. Go across the river to the end of the pavement and turn right onto County Road 300. Drive 2.4 miles to the Ruby Mountain Campground and Recreation Site.

Mandatory Meeting Date: September 23, 2015 at 1:00 PM Ruby Mountain Recreation Site

Written Questions Due By: September 30, 2015 at 10:00 AM Fax: 719-227-5264 or email: eric.stahnke@state.co.us

Deadline for Receipt of Bids: October 7, 2015 at 1:00 PM Colorado Parks & Wildlife Southeast Regional Office 4255 Sinton Road Colorado Springs, Colorado 80907 Attention: Eric Stahnke mailto:eric.stahnke@state.co.us

TABLE OF CONTENTS

CAMPGROUND REDEVELOPMENT

PROJECT #C16AR1

Table of Contents: 1 of 2

BIDDING AND CONTRACT INFORMATION

• INVITATION FOR BIDS

• INSTRUCTIONS TO BIDDERS

• SAMPLE CONTRACT AGREEMENT

• EXHIBIT A

• EXHIBIT B

• SAMPLE BID BOND

• SAMPLE PERFORMANCE BOND

• SAMPLE LABOR AND MATERIAL BOND

• GENERAL REQUIREMENTS AND COVENANTS FOR CAPITAL CONSTRUCTION

• BID SCHEDULE

Technical specifications related to construction materials and methods for work embraced under this contract shall consist of references to the Colorado Department of Transportation 2011 standard specifications for roads and bridge construction special attention should be given to these references and revisions noted within.

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01010 SUMMARY OF WORK

SECTION 01023 MINOR CONTRACT REVISIONS

SECTION 01050 FIELD SURVEY

SECTION 01100 ALTERNATE PRODUCTS

SECTION 01104 MAINTAINING TRAFFIC

SECTION 01107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

SECTION 01108 QUALIFICATION OF TESTING PERSONNEL AND LABORATORIES

SECTION 01200 CONSTRUCTION MEETINGS

SECTION 01270 UNIT PRICES

SECTION 01300 SUBMITTALS

SECTION 01310 CONSTRUCTION SCHEDULES

SECTION 01400 QUALITY REQUIREMENTS

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS

SECTION 01550 TRAFFIC CONTROL

SECTION 01710 PROJECT CLEANING

SECTION 01800 PROJECT RECORD DRAWINGS

DIVISION 2 - SITE WORK

SECTION 02050 MOBILIZATION

SECTION 02200 EARTHWORK

SECTION 02545 AGGREGATE AND ROCK MATERIAL

SECTION 02272 DRY STACKED BOULDERS

SECTION 02921 FINISH GRADING & SOIL PREPARATION

SECTION 02934 SEEDING AND MULCHING

CAMPGROUND REDEVELOPMENT

Table of Contents: 2 OF 2

DIVISION 3 – CONCRETE

SECTION 03200 CONCRETE REINFORCEMENT

SECTION 03300 CAST IN PLACE CONCRETE

APPENDIX - PROJECT DRAWINGS

COV COVER

SP-1 OVERALL SITE PLAN

SP-2 PLAN (SITES 1, 2)

SP-3 PLAN (SITES 3, 4, 8, 9)

SP-4 PLAN (SITES 5, 6)

SP-5 PLAN (SITES 7)

SP-6 PLAN (SITES 15, 16, 17, 18, 19, 20)

SP-7 PLAN (SITES 11, 12, 13, 14)

SP-8 PLAN (21, 22)

SD-1 SITE DETAILS

SD-2 SITE DETAILS

SD-3 SITE DETAILS

SD-4 SITE DETAILS (ADA SITE)

INVITATION FOR BIDS

CAMPGROUND REDEVELOPMENT

Invitation for Bids: 1 OF 1

Colorado Parks and Wildlife is accepting Sealed Bids for the Arkansas Headwaters Recreation Area, Ruby Mountain Recreation Site Campground Redevelopment.

LOCATION

The exit for Ruby Mountain is located south of Buena Vista on U.S. Highway 285 between mile markers l44 and 145. Turn east (towards the river) on Chaffee County Road 301, which can be identified by the large, yellow River Runners signs. Go across the river to the end of the pavement and turn right onto County Road 300. Drive 2.4 miles to the Ruby Mountain Campground and Recreation Site.

PROJECT DESCRIPTION

The work consists of:

1. Site grading and demolition of existing campsites.

2. Import and placement of 24”-48” boulders (dry stacked).

3. Import and placement of Class 6 aggregate base course, 3/4” crushed clean gravel and

3/8” Birds Eye pea gravel.

4. Furnish & install fire rings, picnic tables and tent pads.

5. Concrete flatwork and concrete edging.

MANDATORY PRE-BID MEETING

A mandatory pre-bid meeting will held at the Hecla Junction Campground on September 23, 2015 at 1:00 PM to review the sites. Attendance at the pre-bid meeting by the bidder or his/her designaged representative is a requirement to submit a bid.

QUESTIONS DUE

September30, 2015 at 10:00 AM will be the last time that written questions can be submitted via email or fax. If necessary any addendums (modifications) will be posted to the BIDs 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 BIDS web-site periodically to see if any modifications have been issued. Failure to retrieve such modifications and include their provisions in your bid response may result in your bid being deemed non-responsive.

BIDS DUE

Bids will be accepted until 1:00 p.m., October 7, 2015 at the Colorado Parks and Wildlife Southeast Regional Office, 4255 Sinton Road, Colorado Springs, Colorado 80907, after which the bids will be read aloud and made public. A Bid Bond is required for all jobs where the bid exceeds $100,000. A bid guarantee in an amount not less than five percent (5%) of the total base 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 payable to the Treasurer, State of Colorado.

POINT OF CONTACT

Please direct all questions concerning this project to Eric Stahnke, Project Manager in writing via fax:

(719) 227-5264 or e-mail eric.stahnke@state.co.us . The Contract Documents can be viewed and printed from the State VSS website at www.colorado.gov/VSS/, under “ Open Solicitations” or “Construction”.

http://www.colorado.gov/VSS/

INSTRUCTIONS TO BIDDERS

CAMPGROUND REDEVELOPMENT

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 VSS website: www.colorado.gov/VSS . No additional copies of the drawings and specifications will be provided by the Division of Parks and Wildlife at any time before or after the bid opening.

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

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

4. MANDATORY PRE-BID MEETING: September 23, 2015 at 1:00 p.m., a mandatory pre-bid meeting will be held at the site to discuss the project and inspect the site if necessary. Attendance at this pre-bid conference by the bidder or his/her designated representative is a requirement for presentation of a bid. The meeting will take place at the parking lot near the boat ramp.

5. QUESTIONS: September 30, 2015 at 10:00 a.m. will be the last time that written questions can be submitted in writing directed to Eric Stahnke, Project Manager at eric.stahnke@state.co.us or fax:

(719) 227-5264. If necessary addendums will be posted on the BIDS website. It is the responsibility of the bidder to check the BIDS web-site periodically to see if any modifications have been issued. Failure to retrieve such modifications and include their provisions in your bid response may result in your bid being deemed non-responsive. Bidders will not automatically be notified of the existence of a modification or addendum.

6. BIDS DUE: On or before October 7, 2015 at 1:00 p.m., the bidder is required to submit a bid bond or cashier's check for the amount of 5 percent of the bid's total price, together with his bid, using either their Bonding Company’s standard form or a form available through the State of Colorado – State Buildings Department.

7. BID SCHEDULE:

A. The minority business statement on the Bid Schedule must be completed.

B. The bidder shall acknowledge addendum(s) on the Bid Schedule.

C. 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 on the included Bid Schedule. If conflicts exist between the written words and the numerical amount, the actual line item unit cost shall take precedence.

D. The Bid Schedule shall 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.

http://www.colorado.gov/VSS

CAMPGROUND REDEVELOPMENT

PROJECT #C16AR1

Instructions to Bidders: 2 OF 6

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.

8. BID BOND: A bid bond is required for all jobs where the bid exceeds $100,000. A bid guarantee in an amount not less than five percent (5%) of the base 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. The Bid Bond shall conform to the requirement stated in the "General Requirements and Covenants for Capital Construction."

9. SUBMITTAL OF BID: The completed Proposal must be received by the deadline identified in the Advertisement posted on the VSS website. Provide bid on form provided (Bid Schedule) and bid bond (if required) in a sealed envelope marked "BID", and the project's name, to the Colorado Division of Parks and Wildlife, Southeast Regional Office, Attention: Eric Stahnke, 4255 Sinton Road, Colorado Springs, CO 80907, before the advertised closing time for accepting proposals.

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

11. CONTRACT LENGTH: All work must be completed in 150 calendar days from the date of the Notice to Proceed, of which will be issued as soon as possible, an NO LATER than May 20, 2016.

12. FAILURE TO COMPLETE WORK ON TIME: 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.

13. WORK HOURS: All work on this project site will be allowed as follows: 7am to 6pm, Monday through Friday, or otherwise approved by the Park Manager.

14. 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 $336.00 per day.

15. 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.

16. Any deduction assessed as liquidated damages under this section shall not relieve the Contractor

CAMPGROUND REDEVELOPMENT

PROJECT #C16AR1

Instructions to Bidders: 3 OF 6 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.

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

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

19. 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 the minimum coverage amounts.

A. The Contractor is required to procure and maintain at all times during the term of this contract the insurance coverage listed below:

1) Workers’ Compensation and Employer’s Liability Insurance, as required by state statute, including occupational disease, covering all of contractor’s employees at the work site.

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 combined single limit written on an occurrence basis;

b. $1,000,000 general aggregate;

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

d. $50,000 any one fire.

3) 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.

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

B. The State of Colorado and the U.S. Bureau of Land Management shall be named as an Additional Insured on the Commercial General Liability policy insurance certificate (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

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

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

E. All policies evidencing the insurance coverage required hereunder shall be issued by insurance

CAMPGROUND REDEVELOPMENT

PROJECT #C16AR1

Instructions to Bidders: 4 OF 6 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.

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

20. PERFORMANCE BOND, LABOR AND MATERIAL BOND: The successful bidder shall furnish a bond in the amount of 100% of the contract price for performance and for material and labor payment when bid is equal to or exceeds $100,000. The bond shall be executed on the standard State of Colorado form. These bonds will be submitted along with the standard State Agreement form within 10 days of the "Notice of Award."

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

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

23. SALES TAX: The Division of 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.

24. Quantities stated in the proposal and construction 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."

25. 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.

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

27. The Division of 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.

28. 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

CAMPGROUND REDEVELOPMENT

PROJECT #C16AR1

Instructions to Bidders: 5 OF 6 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.

29. In accordance with procurement code and 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.

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

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

31. The subject Project is not a prevailing wage rate project: Davis-Bacon Wage Rates do not apply.

32. 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://epls.arnet.gov/

33. NOTICE OF CONTRACTOR’S SETTLEMENT: If the project exceeds $50,000.00 a Final Settlement will be advertised via electronic media on the Colorado BIDS website at www.bidscolorado.com/.

34. 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:

1) 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.

2) 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.

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

B. ACCOUNTABILITY:

Project and Contract administration will provide accountability by documenting and evaluating the progression of construction and the ability to follow the agreed upon construction schedule.

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

C. MONITORING REQUIREMENTS:

Both the State and the Contractor will evaluate each others' performance by preparing monthly http://epls.arnet.gov/ http://www.bidscolorado.com/

CAMPGROUND REDEVELOPMENT

PROJECT #C16AR1

Instructions to Bidders: 6 OF 6 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.

ROUTING # 16-CC -

CORE ID: CT PMAA 2016*

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

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

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

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

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

8. 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 1-1-09

THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK

16-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: _________________________

STATE OF COLORADO

John W. Hickenlooper, Governor Department of Natural Resources Mike King, Executive Director

By:_______________________________________

Signature Name:_______________________________

Title:____________________________________

2nd Contractor Signature if Needed

By: __________________________________

Name:_______________________________

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:_________________________

Susan Borup, Controller

Date:_____________________

CMS CPW File # 14-CC-xxxxx CMS # xxxxx ENCUMBRANCE # Cxxxxxx

EXHIBIT A

General Requirements and Covenants for Capital Construction (GRCs), Published by Division of Parks and Outdoor Recreation, September 3, 1996. This document is incorporated by reference to this contract. A scanned version of the document was included in the bid documents for this project, and a hardcopy version will be provided to the contractor at the Notice to Proceed.

Emergency Contract Modification Agreements, as supplemented to the GRCs in January 2002.

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

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

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

07/03/2003, rev 05/22/13

EXHIBIT B

PROJECT: GBL No.:

FUND No.:

CONTRACTOR: ORG No.:

APPR No.:

C.E. No.

C.M.No.

Project No:

Routing No:

INCREASES:

Subtotal Increases: -$

DECREASES:

Subtotal Decreases: -$

TOTAL INCREASE FOR FINAL QUANTITIES CONTRACT MODIFICATION CM -$

ORIGINAL CONTRACT AMOUNT:

PREVIOUS CONTRACT MODIFICATIONS -$

AMOUNT OF THIS CHANGE: ( ) INCREASE OR ( ) DECREASE -$ #DIV/0!

SUBTOTAL ALL CONTRACT MODIFICATIONS TO DATE: -$

NEW CONTRACT AMOUNT: -$

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

Emergency Standard Final Quantities

CONTRACT MODIFICATION AGREEMENT

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF PARKS AND WILDLIFE

EXHIBIT B

DIVISION OF PARKS AND WILDLIFE

Approved by Project Manager:____________________________________

Approved by Deputy Region Manager Manager:____________________________________________________

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

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

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.

We hereby recommend acceptance and approval of change to contract with an of $24,071.00. Contract completion time is extended 0 CALENDAR days.

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

Date:_____________

Date:_____________

CONTRACTOR

"Legal Name"

Name: ______________________________

Title: ____________________________

Date: _____________________________

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

Title: Official Title of Authorized Individual

John W. Hickenlooper, Governor

Mike King, Executive Director

By:______________________________________ Signature

Title: ____________________________________

Date: _________________________

LEGAL REVIEW

John W. Suthers, Attorney General

By:______________________________________

Signature - Assistant Attorney General

Pre-Approved Form Contract Reviewer

STATE CONTROLLER

Robert Jaros, CPA, MBA, JD

By:_____________________________________ Susan Borup, Controller

Department of Natural Resources Date:_________________________ increase, decrease, no change

State Form SBP-6.14 Rev. 10/2006

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

BID BOND

Institution/Agency:

Project No./Name:

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…