Colorado Parks and Wildlife

Construction Documents For

SOUTH REPUBLICAN SWA

ROOF REPLACEMENTS

FROM BURLINGTON, GO 21 MILES NORTH ON US HWY 385 TO CR2. FOLLOW CR2 FOR 3.4

MILES. TURN LEFT ON CRJJ AND FOLLOW FOR .4 MILES. TURN RIGHT ON CR2 AND FOLLOW FOR .8

MILES. CR2 BECOMES CRKK, FOLLOW FOR 1 MILE AND SLIGHT RIGHT TO PROJECT SITE ON THE

EAST SIDE OF THE DAM.

Mandatory Meeting Date: No Pre-Bid Meeting will be held for this project

Written Questions Due By: September 14, 2015 at 10:00 AM Fax: 719-227-5264 or email: eric.stahnke@state.co.us

Deadline for Receipt of Bids: September 16, 2015 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

Table of Contents: 1 of 2

BIDDING AND CONTRACT INFORMATION

• ADVERTISEMENT FOR BIDS

• INSTRUCTIONS TO BIDDERS

• PO TERMS AND CONDITIONS

• SAMPLE CHANGE ORDER FORM

• SAMPLE BID BOND

• SAMPLE LABOR AND MATERIAL BOND

• SAMPLE PERFORMANCE 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.

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

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

SECTION 07310 FIBERGLASS SHINGLES

SECTION 07410 METAL ROOFING AND SIDING

SECTION 07620 FLASHING

SECTION 07621 GUTTERS AND DOWNSPOUTS

SECTION 07900 SEALANTS AND JOINT FILLERS

Table of Contents: 2 OF 2

DIVISION II – LIST OF DRAWINGS

SHEET 1 COVER

SHEET 2 PLAN: TECHNICIAN RESIDENCE

SHEET 3 PLAN: TECHNICIAN GARAGE

SHEET 4 PLAN: WILDLIFE MANAGER RESIDENCE

ADVERTISEMENT FOR BID

Advertisement for Bid: 1 OF 1

Colorado Parks and Wildlife is accepting Documented Quotes for the SOUTH REPUBLICAN SWA ROOF REPLACEMENTS project.

LOCATION

FROM BURLINGTON, GO 21 MILES NORTH ON US HWY 385 TO CR2. FOLLOW CR2 FOR 3.4 MILES. TURN LEFT ON CRJJ AND FOLLOW FOR .4 MILES. TURN RIGHT ON CR2 AND FOLLOW FOR .8 MILES. CR2 BECOMES CRKK, FOLLOW

FOR 1 MILE AND SLIGHT RIGHT TO PROJECT SITE ON THE EAST SIDE OF THE DAM.

PROJECT DESCRIPTION

The work consists of:

1. Removing and replacing metal roofs on one residence and one garage.

2. Removing and replacing asphalt roof on one residence.

MANDATORY PRE-BID MEETING

No Pre-Bid meeting will be held. It is up to the contractor to visit the site to become familiar with existing site conditions.

QUESTIONS DUE

September 14, 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 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., September 16, 2015 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. A Bid Bond (guarantee) 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 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 “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: September 14, 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 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. 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 the bid.

http://www.colorado.gov/VSS

Instructions to Bidders: 2 OF 5

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

7. CONTRACT LENGTH: All work must be completed in 60 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 self-insurance program carried by the State of Colorado.

Instructions to Bidders: 3 OF 5

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. 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.

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

Instructions to Bidders: 5 OF 5 payment until successful completion of all or part of the contract and the achievement of established performance standards. Payment by the State to the Contractor shall be made without delay upon successful completion of all or any part of the contract in accordance with the payment schedule specified in the contract or as otherwise agreed upon by the parties.

C. MONITORING REQUIREMENTS:

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

D. NONCOMPLIANCE RESOLUTION:

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

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

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

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

,Principle Representative

Accepted by:

Date:_______________ ,Contractor

Date:_______________ ,for State Buildings and Real Estate Programs

Approved by:

, CPW Project Mgr

,for the State Controller

Revised 11/03

EXHIBIT B

State Form SBP-6.14 Rev. 10/2006

STATE OF COLORADO

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 obligation shall be null and void, otherwise it shall remain in full force and effect, and subject to forfeiture upon demand as Liquidated Damages.

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

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST

Address (including city, state and zip) Secretary Phone number:

Name (Print) Signature

Name (Print) and Title

SIGNATURES If the “Principal” is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President or

Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed.

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

(Corporate Seal) THE SURETY

By __________________________________________ Secretary Attorney-in-Fact

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

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

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

State Form SC-6.22 Page 1 of 2 (Rev. 9/2006)

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

PERFORMANCE BOND

Institution/Agency:

Project No./Name:

KNOW ALL PERSONS BY THESE PRESENTS:

That the Contractor as Principal and hereinafter called “Principal,” and as Surety and hereinafter called “Surety,” a corporation organized and existing under the laws of are held and firmly bound unto the STATE OF COLORADO acting by and through

(AGENCY OR INSTITUTION)

hereinafter called the “Principal Representative”, in the sum of Dollars ($ ) for the payment whereof the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents.

WHEREAS, the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, hereinafter called “Contract,” dated , 20

, for the construction of a PROJECT described as which Contract is hereby by reference made a part hereof;

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

State Form SC-6.22 Page 2 of 2 (Rev. 9/2006)

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

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

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

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

(Corporate Seal) THE PRINCIPAL

ATTEST:

By:

Title:

Secretary

(Corporate Seal) SURETY

By:

Attorney-in-fact

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

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

State Form SC-6.221 Page 1 of 2 (Rev. 9/2008)

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

LABOR AND MATERIAL BOND

Institution/Agency:

Project No./Name:

KNOW ALL PERSONS BY THESE PRESENTS:

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

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

WHEREAS, the Principal and the State of Colorado acting by and through the Principal Representative have entered into a certain Contract, hereinafter called "Contract," dated _______________, 20 for the construction of a PROJECT described as which Contract is hereby by reference made a part hereof;

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

State Form SC-6.221 Page 2 of 2 (Rev. 9/2008)

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal and the Surety shall fully indemnify and save harmless the State of Colorado and the Principal Representative from and against any and all costs and damages, including patent infringements, which either may suffer by reason of any failure or failures of the Principal promptly and faithfully to perform all terms and…