Colorado Parks and Wildlife

Bid Documents For

LAS ANIMAS FISH HATCHERY

ELECTRICAL UPGRADES

PROJECT #: S17AMR-19-C

From Las Animas (Highway 50), go west on CO-194 for approximately 5.3 miles, head north on CR 5.5 for 2.2 miles to the hatchery.

Non-Mandatory Meeting Date: October 12, 2016 at 11:00 AM

Written Questions Due By: October 19, 2016 at 10:00 AM

Fax: 719-227-5264 or email: eric.stahnke@state.co.us

Deadline for Receipt of Bids: October 21 , 2016 at 1:00 PM Colorado Parks & Wildlife Southeast Regional Office 4255 Sinton Road Colorado Springs, Colorado 80907 Attention: Eric Stahnke or

Fax: 719-227-5264 ATTN: Eric Stahnke or email: eric.stahnke@state.co.us mailto:eric.stahnke@state.co.us

TABLE OF CONTENTS

COLORADO DIVISION OF PARKS AND WILDLIFE

CPW PROJECT # S17AMR-19-C

Table of Contents: 1 of 1

BIDDING AND CONTRACT INFORMATION

• ADVERTISEMENT FOR BIDS

• INSTRUCTIONS TO BIDDERS

• PO TERMS AND CONDITIONS

• SAMPLE CHANGE ORDER FORM

• 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.

DIVISION I - 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 01500 TEMPORARY FACILITIES AND CONTROLS

SECTION 01710 PROJECT CLEANING

DIVISION 2 - SITE WORK

SECTION 02050 - MOBILIZATION

SECTION 02221 - TRENCHING AND BACKFILLING

DIVISION 16 - ELECTRICAL

SECTION 16010 - GENERAL PROVISIONS

SECTION 16050 - BASIC MATERIALS AND METHODS

DIVISION II – LIST OF DRAWINGS

SHEET 1 COVER

SHEET 2 PLAN & DETAILS

ADVERTISEMENT FOR BID

Advertisement for Bid: 1 OF 1

Colorado Parks and Wildlife is accepting Documented Quotes for the Las Animas Fish Hatchery – Electrical Upgrades.

LOCATION

From Las Animas (Highway 50), go west on CO-194 for approximately 5.3 miles, head north on CR 5.5 for 2.2 miles to the hatchery.

PROJECT DESCRIPTION

The work consists of:

1. Installing 8 - 20 amp GFCI outlets (one at each pond).

2. Installing necessary conduit and conductors for each outlet.

3. Installing new 100 amp panelboard as needed for new outlets.

NON-MANDATORY PRE-BID MEETING

A NON-MANDATORY pre-bid meeting will be held on October 12, 2016 at 11:00 AM at the Las Animas Fish Hatchery. Contractors who do not attend the meeting will NOT be disqualified from bidding this project. The contractor is responsible for becoming familiar with the existing site conditions before submitting a bid.

QUESTIONS DUE

October 19, 2016 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 VSS 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 VSS web-site periodically to see if any modifications have been issued. Failure to retrieve such modifications and include their provisions in your bid response may result in your bid being deemed non-responsive.

BIDS DUE

Bids will be accepted until 1:00 p.m., October 21, 2016 at the Colorado Parks and Wildlife Southeast Regional Office, 4255 Sinton Road, Colorado Springs, Colorado 80907, via fax: 719-227-5264 or via email: eric.stahnke@state.co.us, after which the bids will be tabulated. Bid bonds are NOT required for documented quotes.

POINT OF CONTACT

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

(719) 227-5289 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 “Construction Notices”.

http://www.colorado.gov/vss

INSTRUCTIONS TO BIDDERS

Instructions to Bidders: 1 of 5

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. QUESTIONS: October 12, 2016 at 10:00 am 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) 227-5289. If necessary, addendums will be posted on the VSS website. It is the responsibility of the bidder to check the VSS web-site periodically to see if any modifications have been issued.

Failure to retrieve such modifications and include their provisions in your bid response may result in your bid being deemed non-responsive. Bidders will not automatically be notified of the existence of a modification or addendum.

4. 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.

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: Bid bonds are not required for documented quotes. This project does not require sealed bids. A bid bond is required for all sealed bid jobs where the bid exceeds $50,000. 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 http://www.colorado.gov/VSS

Instructions to Bidders: 2 OF 5 the bid.

6. SUBMITTAL OF PROPOSAL: The completed Proposal must be received by the deadline identified in the Advertisement posted on the VSS website. Provide bid on form provided and bid bond (if required) in a sealed envelope marked "Proposal", 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. Bids will also be accepted via fax: 719-227-5289 or email: eric.stahnke@state.co.us. Bidders shall also submit a completed W-9 form with their bid.

7. CONTRACT LENGTH: All work must be completed in 45 calendar days from the date of the Notice to Proceed (issuance of Purchase Order) of which will be issued as soon as possible.

8. 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.

9. 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.

10. 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 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

Instructions to Bidders: 3 OF 5 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 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.

11. 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."

12. 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.

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

14. 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.

15. 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."

16. 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.

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

18. 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.

Instructions to Bidders: 4 OF 5

19. 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.

20. 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.

21. 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.

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

23. 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/

24. 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.

25. 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 http://epls.arnet.gov/ http://www.colorado.gov/

Instructions to Bidders: 5 OF 5 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.

Purchase Order Terms and Conditions

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

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

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

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

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

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

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

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

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

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

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

Buyer shall not reimburse such sales or use taxes.

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

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

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

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

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

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

17. Compliance. Vendor shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

18. Insurance. Vendor shall obtain, and maintain, at all times during the term of this PO, insurance as specified in the solicitation, and provide proof of such coverage as requested by purchasing agent.

19. Termination Prior to Shipment. If vendor has not accepted this PO in writing, buyer may cancel this PO by written or oral notice to vendor prior to shipment of goods or commencement of services.

20. Termination for Cause. (a) If vendor refuses or fails to timely and properly perform any of its obligations under this PO with such diligence as will ensure its completion within the time specified herein, buyer may notify vendor in writing of non-performance and, if not corrected by vendor within the time specified in the notice, terminate vendor's right to proceed with the PO or such part thereof as to which there has been delay or a failure. Vendor shall continue performance of this PO to the extent not terminated and be liable for excess costs incurred by buyer in procuring similar goods or services elsewhere. Payment for completed services performed and accepted shall be at the price set forth in this PO. (b) Buyer may withhold amounts due to vendor as buyer deems necessary to reimburse buyer for excess costs incurred in curing, completing or procuring similar goods and services.(c) If after rejection, revocation, or other termination of vendor's right to proceed under the CUCC or this clause, buyer determines for any reason that vendor was not in default or the delay was excusable, the rights and obligations of buyer and vendor shall be the same as if the notice of termination had been issued pursuant to termination under §21.

21. Termination in Public Interest. Buyer is entering into this PO for the purpose of carrying out the public policy of the State, as determined by its Governor, General Assembly, and Courts. If this PO ceases to further the public policy of the State, buyer, in its sole discretion, may terminate this PO in whole or in part and such termination shall not be deemed to be a breach of buyer’s obligations hereunder. This section shall not apply to a termination for vendor’s breach, which shall be governed by §20. Buyer shall give written notice of termination to vendor specifying the part of the PO terminated and when termination becomes effective. Upon receipt of notice of termination, vendor shall not incur further obligations except as necessary to mitigate costs of performance. For services or specially manufactured goods, buyer shall pay (a) reasonable settlement expenses, (b) the PO price or rate for supplies and services delivered and accepted, (c) reasonable costs of performance on unaccepted supplies and services, and (d) a reasonable profit for the unaccepted work. For existing goods, buyer shall pay (e) reasonable settlement expenses, (f) the PO price for goods delivered and accepted, (g) reasonable costs incurred in preparation for delivery of the undelivered goods, and (h) a reasonable profit for the preparatory work. Buyer’s termination liability under this section shall not exceed the total PO price plus a reasonable cost for settlement expenses. Vendor shall submit a termination proposal and reasonable supporting documentation, and cost and pricing data as required by CRS §24-106-101, upon request of buyer.

22. PO Approval. This PO shall not be valid unless it is executed by purchasing agent. Buyer shall not be responsible or liable for products or services delivered or performed prior to proper execution hereof.

23. Fund Availability. Financial obligations of buyer payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this PO is funded in whole or in part with federal funds, this PO is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. Buyer represents that it has set aside sufficient funds to make payment for goods delivered in a single installment, in accordance with the terms of this PO.

24. Choice of Law. State laws, rules and regulations shall be applied in the interpretation, execution, and enforcement of this PO. The CUCC shall govern this PO in the case of goods unless otherwise agreed in this PO. Any provision included or incorporated herein by reference which conflicts with such laws, rules, and regulations is null and void. Any provision incorporated herein by reference which purports to negate this or any other provision in this PO in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise.

Unless otherwise specified in the solicitation or this PO, venue for any judicial or administrative action arising out of or in connection with this PO shall be in Denver, Colorado. Vendor shall exhaust administrative remedies in CRS §24-109-106, prior to commencing any judicial action against buyer.

25. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities, investment advisory services, fund management services, sponsored projects, intergovernmental POs, or information technology services or products and services] Vendor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this PO and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this PO, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Vendor shall not knowingly employ or contract with an illegal alien to perform work under this PO or enter into a contract or PO with a subcontractor that fails to certify to vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this PO. Vendor shall (a) not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants during performance of this PO, (b) notify subcontractor and buyer within three days if vendor has actual knowledge that subcontractor is employing or contracting with an illegal alien for work under this PO, (c) terminate the subcontract if subcontractor does not stop employing or contracting with the illegal alien within three days of receiving notice, and (d) comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If vendor participates in the Department program, vendor shall deliver to the buyer a written, notarized affirmation that vendor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If vendor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., buyer may terminate this PO for breach and, if so terminated, vendor shall be liable for damages.

26. Public Contracts with Natural Persons. Vendor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced a form of identification required by CRS §24-76.5-103 prior to the date vendor delivers goods or begins performing services under terms of the PO.

Effective Date 01/01/09

CHANGE ORDER

Whereas, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract under:

Encumbrance Number ie. PMAA 2016xxxxxx in Fund Number Appr GBL

Colorado Division of Parks and Wildlife 1313 Sherman St., #618 Denver, CO 80203

(303) 866-3437

Project Name Date

Contractor Name Bid #

Contractor Address Agreement/Purchase Order #

Vendor ID

Project Manager Change Order #1

The following changes are hereby made to the Agreement (include the cost/time adjustment for each change)

Justification

CHANGE TO AGREEMENT PRICE:

Original Agreement Price::

Current Agreement Price adjusted by previous Change Orders :

The Agreement Price due to this Change Order will be increased/decreased by:

The new Agreement Price including this Change Order will be:

CHANGE TO AGREEMENT TIME:

This Agreement time will be increased/decreased by:

The date for completion of all work will be:

Recommended by:

Date:_______________

,CPW Project Manager Date:_______________ ,Principle Representative

Accepted by:

Date:_______________ ,Contractor

Date:_______________ ,for State Buildings and Real Estate Programs

Approved by:

Date:_______________ , CPW Project Mgr

Date:_______________ ,for the State Controller

Revised 11/03

SAMPLE CHANGE ORDER

Bid Schedule

Bid Schedule: 1 OF 2 proposes to furnish all labor, equipment, materials, and incidentals needed to complete the Las animas Fish Hatchery – Electrical Upgrades. The work shall be completed in 45 calendar days from the date of the Notice to Proceed. We have read and made, the “Instructions to Bidders”, the “PO Terms and Conditions”, the “Written Specifications”, and the “Construction Drawings” 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.

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 VSS website for any posted addendums (modifications).

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.

UNITS: LS= lump sum

Addendums:

BASE BID Item Number & Description Quantity Unit Unit Cost Total Item Cost

1.) Mobilization 1 LS

2.) Install 8 – switched, 20 amp, pole mounted, GFCI outlets and all required underground conductors, breakers & new panelboard, as specified.

1 LS

Total Base Bid AMOUNT _$__________________

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

$____________________________________________________________________________DOLLARS

Bid Schedule: 2 OF 2

(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

DIVISION 1 – GENERAL REQUIREMENTS

Division 1: 1 of 10

DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01010 – SUMMARY OF WORK

SECTION 01023 – MINOR CONTRACT REVISION

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 01500 – TEMPORARY FACILITIES AND CONTROLS

SECTION 01710 – PROJECT CLEANING

GENERAL CONDITION:

Please read the "General Requirements and Covenants for Capital Construction" (dated 1996) in your possession. They apply to all Divisions of these specifications, accompanying drawings and to this proposed project.

Technical Specifications related to construction materials and methods for work embraced under this Contract shall include references to the Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction, or latest edition. Special attention should be given to these references and revisions noted within.

SECTION 01010 - SUMMARY OF WORK

LOCATION:

The project is located at the Las Animas Fish Hatchery. From Las Animas (Highway 50), go west on CO-194 for approximately 5.3 miles, head north on CR 5.5 for 2.2 miles to the hatchery.

DESCRIPTION OF THE WORK:

Furnish & Install eight (8) new 20 amp GFCI switched outlets, on 6”x6” pressure treated posts, including new panelboard & circuit breakers and underground conductors (in conduit). All work shall conform to the National Electric Code, and be inspected and approved by the State of Colorado Electrical Board representative.

CONSTRUCTION COMMENCEMENT:

The Contractor may begin construction upon receipt of the Purchase Order or Notice to Proceed.

Division 1: 2 of 10

ADDITIONAL PROVISIONS:

The work and the compensation, therefore, shall be as covered by these specifications consisting of furnishing all labor, equipment and materials required to perform the work shown on the drawings and listed in the bid schedule, unless otherwise stipulated or approved in writing by the Project Manager.

CONTRACTOR RESPONSIBILITY:

Visit the site and determine to your own satisfaction the amount and type of work to be performed to complete the project in accordance with the drawings, specifications and Contract Documents before submitting your bid.

Contractor is responsible for locating any and all utilities (public and private) within the work area and repairing the same if they become damaged during construction.

Before final payment will be made on the completed contract, submit to the Project Manager all product warranties, operation and maintenance manuals.

CONSTRUCTION LIMITS:

The limits of construction are not designated in the contract documents. However, the Contractor shall be responsible for restoring all disturbed areas to a condition approved by the Project Manager.

The project intent is to minimize disturbance to avoid having to restore areas.

MARSHALLING AND ACCESS:

Limits and access to the site for use: before taking possession and use of the site, meet with the

Project Manager to determine the marshalling area(s) and access points to be used to execute the work. Limit access and marshalling areas agreed to at that meeting. Obtain written permission from the Division of any changes other than first agreed upon. Upon completion of all work, restore all areas to original or improved conditions.

JOB CONDITIONS:

Examine the site, determine the nature of conditions to be encountered and accept the site as found upon the examination. Examination must be made prior to bidding, as no additional compensation will be considered after receipt of bids for existing conditions, which are required to be worked, adapted, or modified to these specifications.

PROTECTION AND SAFETY PRACTICE:

I. General:

All work shall be carried out in a safe manner in accordance with local codes and the safety requirements of the Colorado State Division of Labor.

II. Provide shoring, sheeting, barricading, bracing to prevent caving, erosion and gullying of side of excavation. The design, engineering, construction and maintenance of all temporary protection, Division 1: 3 of 10 including its adequacy and safety shall be the Contractor's responsibility and shall comply with the Occupational Safety and Health Administration (OSHA).

III. Utilities:

Contractor is responsible for locating all utilities whether through the Colorado Utility Notification Center or by hiring a private utility locate service. Owner does not have ability to locate private or secondary utilities. Notify Project Manager when working near utility lines or appurtenances.

IV. Surface Drainage:

Provide for surface drainage during the construction period in a manner to avoid creating a nuisance to adjacent properties.

V. Location Markers:

Carefully maintain and protect all benchmarks, corner monuments and other points. If disturbed or destroyed, replace at no cost to the State as directed by the Project Manager.

MEASUREMENT AND PAYMENT:

Payment for construction shown on the drawings and specified herein shall be made as noted in the

Bid Schedule or as defined in the specifications.

SALES TAX:

Sales tax shall not be charged on projects for the Department of Natural Resources, through the

Division of Parks and Wildlife.

The Department of Revenue will issue a certificate of exemption (Form No. DR0172) to Contractors or subcontractors. C.R.S. 1973 as amended 39-26-114. The Division of Parks and Wildlife State Sales Tax number is 98-02565. The form is available from the state website.

REGIONAL MANAGER'S OFFICE APPROVAL:

The plans and specifications may not be materially changed in any particular except with the written consent of the Regional Manager. The project construction shall not be considered complete until the written approval has been received from the Project Manager.

SECTION 01023 - MINOR CONTRACT REVISION

SCOPE OF WORK:

Furnish all labor, materials and equipment required as additional work for completion of the project.

WORK INCLUDED:

The work shall include unanticipated extra work in excess of the quantities included in the bid schedule.

PAYMENT:

Division 1: 4 of 10

Payment for minor contract revisions shall be made at the contract unit price, negotiated basis in accordance with Section 9.4 of the General Requirements and Covenants for Capital Construction.

SECTION 01050 - FIELD SURVEY

Contractor is responsible for setting asphalt elevations to provide positive drainage away from the crown of the road.

SECTION 01100 - ALTERNATE PRODUCTS

Manufacturer's products listed in the Specifications and on the drawings are intended to show the results and standard of quality. Other products may be submitted for approval. Alternate Manufacturers must be submitted and approved by the Owner’s representative prior to the Final Date and Time for questions.

SECTION 01104 - MAINTAINING TRAFFIC

No work that interferes or conflicts with traffic of vehicles, bicyclists, pedestrians or other park users shall be performed until a plan and schedule for the satisfactory handling of traffic has been submitted by the Contractor and approved by the Project Manager. The Contractor shall have sufficient signage, barriers, watchmen, flagmen and warning lights to protect all traffic types where it is interfered with by his operations. Signs and or barriers shall be provided to control and direct all traffic throughout the project.

Existing roads in the construction area shall be kept open to all traffic by the Contractor and maintained in a condition that will adequately accommodate traffic. The Contractor shall erect signs at locations where operations may interfere with the use of the road by traffic.

Construction signing for traffic control including barricades, warning signs and other protective devices shall conform to the latest edition of the Manual on Uniform Traffic Control Devices and the Colorado Supplement to the Federal MUTCD.

No separate measurement or payment will be made for this item, and this item shall be considered as a component of the Mobilization bid item.

SECTION 01107- LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Follow Section 107 of the Colorado Department of Transportation 2011 Standard Specifications for Roads and Bridge Construction for this section of work.

SECTION 01108 - QUALIFICATION OF TESTING PERSONNEL AND LABORATORIES

Follow Section 106.04 of the Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction for this section of work.

SECTION 01200 - CONSTRUCTION MEETINGS

PRE-CONSTRUCTION MEETING:

Division 1: 5 of 10

The Contractor or his representative after award of the contract shall attend a pre-construction conference to be held at the site or location agreed on by both parties. Administration requirements such as payment applications, change order procedures, testing procedures, record documentation and project coordination will be reviewed in detail.

Contractor shall provide:

• a list of the Contractor’s principal staff assignments, including superintendent and other personnel in attendance at the project site with phone numbers.

• a list of subcontractors and contact information.

• a construction schedule in graphic format displaying work sequence by activity.

PROGRESS MEETINGS:

The Contractor will schedule bimonthly progress meetings at the site to review the:

• progress of work

• revisions to construction schedule

•…