State Forest Foyer Renovation DQ Pkg 1-2-19.pdf

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 1

Colorado Department of Natural Resources

REQUEST FOR DOCUMENTED QUOTATION DQ1 PMAA 2019..426

STATE FOREST STATE PARK

VISITORS CENTER

FOYER RENOVATION PROJECT

December 31, 2018

WORK SUMMARY

The Colorado Division of Parks & Wildlife is accepting documented quotes (bids) for the Foyer Renovation at State Forest State Park Visitors Center. Bids shall include all labor, materials, and equipment for the work.

SITE VISITS AND JOB SHOW

There will be a mandatory job show on January 16, 2019, 1:30 PM at the visitors center. The park is located at 56750 Hwy 14, Walden, CO 80580. The work will take place at the Visitor Center building.

Questions related to this project shall be directed to Russ Adsit - Project Manager. All questions shall be submitted in writing on company letterhead, via e-mail, utilizing the contact information listed below. The deadline for questions is Tuesday, January 22, 2019, at 10:00 am (MDT). Questions submitted after the deadline will not be addressed. All questions and responses will be posted on the Colorado VSS web site.

BID SUBMITTAL

The documented quote (bid) due date for this project is Friday January 25, 2019 at 1:30 pm (MDT). Bids must be submitted on the State’s attached bid schedule, and must include the Contractor’s current W-9 form and insurance certificate.

Bids will be accepted by E-mail, FedEx, or hand-carried and must be delivered to Russ Adsit at the address listed below. Note that the U.S. Mail will not deliver to this address.

Russ Adsit - Project Manager Colorado Parks & Wildlife – Northwest Region Capital Projects Office 361 32 Road Clifton, CO 81520 Email: russ.adsit@state.co.us

This will not be a public bid opening.

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 2

BID AWARD

Award will be made with reasonable promptness to the low responsive and responsible bidder whose bid meets the requirements and criteria set forth in the bid documents. These criteria will include, but not be limited to the lowest GRAND TOTAL PRICE, corrected if necessary for mathematical errors, and adjusted for any applicable bid preferences. The GRAND TOTAL PRICE will be used for comparing bids only and may not equal the final invoice.

BID PREFERENCES

In accordance with C.R.S. 24-103-211, a 5% bid preference may be applied to the total price for Service Disable Veteran Owned Small Businesses (SDVOSB). To qualify for the preference, the SDVOSB must be incorporated or organized in Colorado, or is maintaining a place of business or office in Colorado. The SDVOSB must also be officially registered and verified with the U.S. Department of Veterans Affairs (www.vip.vetbiz.gov). SDVOSBs claiming this preference must provide documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in their response to the solicitation. Bid submissions without this documentation will not be given a preference.

In accordance with C.R.S. 8-19-104, a resident bidder will be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident. A resident bidder is authorized to conduct business in the State of Colorado, maintains a place of business in Colorado, and pays unemployment taxes as required by law. If applicable, the resident bidder preference will be applied to the total bid price, after any SDVOSB preference.

PURCHASE ORDER CONTRACT

A purchase Order Contract will be issued to the awarded bidder. The insurance requirements are presented in detail in Attachment 2. The Purchase Order Contract will include all documents as defined in Attachment 3.

PROJECT SCHEDULE

The selected Contractor shall submit a project schedule immediately upon issuance of the State’s purchase order. Construction is anticipated to start in the spring of 2019.

Construction time shall be 120 consecutive calendar days, and all work must be completed prior to June 30, 2019. The 120-day period of performance shall commence upon the issuance of the Notice to Proceed. The project Notice to Proceed will be based on the Contractor’s submitted schedule. The contractor must be prepared with equipment, supplies, and labor to meet this deadline. All work shall be scheduled with the State so as to limit interference with Park operations and activities.

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 3

PROJECT OBSERVATION

Project manager and Park staff will be at the project site periodically to monitor construction activities and ensure that each work item is completed and constructed to design specifications. Inspections will be scheduled with the Project Manager. It is the Contractor's responsibility to schedule inspections with the Project Manager so as not to delay the work.

PROJECT WORK DESCRIPTION AND SPECIFICATIONS

Item 1 - Mobilization

This pay item includes the Contractor's cost of moving materials, equipment and labor on to the job site, setup, tear down and removing all debris, materials, equipment and labor off of the job site including site clean-up. This bid item shall also include providing the following items: insurance, certificates, permits, shop drawings, product submittals, construction schedules, and any other miscellaneous mobilization work. The price for this item shall include all cost incorporated in the performance of the work described herein. Payment will be based on the lump sum price quoted in the Proposal. Payment will be made in two installments: the first 60% will be paid on the first month's pay estimate; the remaining 40% will be paid after the final cleanup has been completed and approved.

Item 2 – Demolition of existing restroom facilities

This bid item includes all labor, materials, equipment, and incidental costs to remove existing facilities to prepare for the new facilities to be installed. This pay item includes, but is not limited to items #1, 2, 3, and 10 in the “Statement of Work” attached. Payment will be made at the lump sum price.

Item 3 – New tile floor and walls in restroom facilities

This bid item includes all labor, materials, equipment, and incidental costs to install new tile in the restrooms as outlined in items #16-19 in the statement of work.

Payment will be made at the lump sum price.

Item 4 – New lighting fixtures

This bid item includes all labor, materials, equipment, and incidental costs to furnish and install new lights in the restrooms and foyer as outlined in items #30-31.

Payment will be made at the actual fixture cost plus 10% markup.

Item 5 – Emergency phone

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 4

This bid item includes all labor, materials, equipment, and incidental costs to install a new emergency phone in the foyer as outlined in item #24 in the statement of work.

Payment will be made at the lump sum price.

Item 6 – New toilet facilities in restroom facilities

This bid item includes all labor, materials, equipment, and incidental costs to remove the old fixtures and install new fixtures in the restrooms as outlined in items #26-27 in the statement of work. Payment will be made at the lump sum price.

Item 7 – New water fountain in foyer

This bid item includes all labor, materials, equipment, and incidental costs to install new water fountain as outlined in item #8 in the statement of work. Payment will be made at the lump sum price.

Item 8 – Baseboard heat in restroom facilities

This bid item includes all labor, materials, equipment, and incidental costs to install new baseboard heat in the restrooms as outlined in item #15 in the statement of work. Payment will be made at the lump sum price.

Item 9 – New counters, sinks, pipe protection panels, hot water heaters and mirrors in restroom facilities

This bid item includes all labor, materials, equipment, and incidental costs to install new tile in the restrooms as outlined in items #20-23 in the statement of work.

Payment will be made at the lump sum price.

Item 10 – New hand dryers in restroom facilities

This bid item includes all labor, materials, equipment, and incidental costs to install new hand dryers in the restrooms as outlined in item #13 in the statement of work.

Payment will be made at the lump sum price.

Item 11 – Temporary portable toilets and service

This bid item includes all labor, materials, equipment, and incidental costs to furnish temporary portable toilets as outlined in item #33 in the statement of work. Payment will be made at the lump sum price.

Item 12 – All other miscellaneous items listed in statement of work

This bid item includes all labor, materials, equipment, and incidental costs to install and perform work as outlined in items #4-7, 9, 11-12, 14, 25, 28-29 and 32 in the

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 5 statement of work unless provided elsewhere. Payment will be made at the lump sum price.

As a footnote to the "Statement of Work", the following items have not been included as specific pay items and are to be considered incidental to the construction for which they are required.

• Temporary facilities

• Barricades and other required safety provisions

• Cold weather protection

This concludes the pay items listed in the proposal. Please be aware that the only payments made under this contract are for the pay items listed herein, and that no additional payments shall be made to the contractor for work not shown in these documents. If any discrepancies exist the Contractor shall notify the Project manager in writing, requesting clarification as soon as possible.

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 6

BID SCHEDULE – Documented Quote

STATE FOREST STATE PARK DQ1 PMAA 2019..426

VISITORS CENTER

FOYER RENOVATION PROJECT

___________________________________________________________ proposes to furnish all labor, equipment, materials, and incidentals to complete the State Forest State Park Visitors Center Stain Project in Jackson County, Colorado for the listed prices, and shall complete the work in 120 calendar days from the date of notice to proceed. We have read and make the Request for Documented Quotations and the General Conditions for Purchase Orders as part of this bid. We will complete the Work for the following Bid Schedule, if selected:

Item # Description Units Qty. Bid Unit Prices (Words)/(Figures)

Bid Extended Amount (Figures)

1 Mobilization LS 1

2 Demolition of foyer LS 1

3 Tile floor and walls LS 1

4 Light fixtures LS 1 Four thousand three hundred_______________ $_4,300.00_____________

$__4,300.00_______________

5 Emergency Phone LS 1

6 New toilet fixtures LS 1

7 Water fountain LS 1

8 Baseboard heat. LS 2

9 Counters, sinks, etc. LS 1

10 Hand dryers LS 2

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 7

11 Temporary toilets LS 1

12 All other misc. items of work

LS 1

Grand Total Bid

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 8

SIGNATURE PAGE – Documented Quote

STATE FOREST STATE PARK

VISITORS CENTER

FOYER RENOVATION PROJECT DQ1 PMAA 2019..426

The above prices include any costs associated with addendum numbers ________________.

This proposal is valid for 30-days after the opening of the bids.

My firm is is not a SDVOSB. If yes, evidence of current registration with the U.S.

Department of Veterans affairs is attached.

My firm is is not a Colorado resident bidder. If not, my firm is resident in the State of ______________________________

Do you accept the Colorado Purchase Order Terms and Conditions without modifications? Yes No

The State of Colorado reserves the right to reject the incorporation of vendor terms and conditions, including potentially determining that a bid that includes vendor terms and conditions is non-responsive.

Date:__________________________________

Authorized Signature:_______________________________________________________

Name (Print or Type):_______________________________________________________

Company Name:____________________________________________________________

Tax ID# or Social Security Number:____________________________________________

Address:___________________________________________________________________

Phone #:__________________________________________________________________ e-mail:____________________________________________________________________

STATE FOREST STATE PARK VISITOR CENTER – FOYER RENOVATION PROJECT Page 9

State Forest Foyer Project Statement of Work 31 December 2019

See drawing attached for additional details and location of this work.

1. Remove existing water fountain.

2. Remove existing sinks and mirrors.

3. Remove paper towel dispensers in both restrooms.

4. Repair walls in both restrooms and apply two coats of paint with washable enamel, color to be selected by Project Manager.

5. Repair and paint walls in foyer, color to be selected by Project Manager.

6. Repair and replace trim in foyer to match.

7. Remove door to storage closet, frame and finish wall inset.

8. Install new water fountain/bottle filler into inset created above, Elkay EZH2O, Model EZS8WSLK.

9. Install new door from lobby into the storage closet, relocate electrical switches on the wall as necessary.

10. Remove existing flooring in both mens and womens rest rooms.

11. Remove and replace grab‐bars, toilet paper holders and sanitary napkin disposal container in restrooms.

12. Remove and reinstall baby changing tables inside stalls.

13. Add two new hand dryers, match existing.

14. Remove wall racks in foyer and salvage to CPW staff.

15. Add baseboard heat to both restrooms, Qmark model CBD1500 with HBBT1TP thermostat control.

16. Install new tile floor in both restrooms, Daltile Consulate 12x24 Unpolished Tile & Stone, CS05‐

12241P, Antique Premier Grey, Installed with a 1/3rd offset oriented lengthwise in the restrooms with 1/8” grout.

17. Install wall tile up to 5’ height in both restrooms, Daltile SW01 Orchard Grey 6”x48”, installed oriented horizontally with a 1/3rd offset. Grout joints of 1/8”.

18. For all tile, use Laticrete epoxy grout, Spectralock Pro, color chosen by project manager.

19. Trim tile with Schluter System finishing and edge protection

20. Install new counters in both restrooms with pipe protection panels.

21. Install three new instant hot water heaters below three restroom sinks, M‐20L‐120.

22. Install three new sinks, Air Delights model 3873002 with ESD‐801 CP soap dispenser and faucet.

23. Install three Bobrick mirrors B‐293‐3436T.

24. Install emergency phone on wall in foyer, Rath Security 2400‐808NSS.

25. Reverse both restroom doors as shown.

26. Remove existing urinals and install two Sloan WES‐1000 waterfree urinals.

27. Remove three existing toilets and install new ST‐2029 with Sloan Royal 110 ES‐S Flushometers,

28. Install a new privacy panel in the mens room between the urinals to match existing panel.

29. Relocate existing privacy panel as necessary in mens room.

30. Replace light fixtures in both restrooms. Selection to be made by project manager, allowance of

$1,500 for the cost of fixtures plus 10% markup for contractor.

31. Replace light fixtures in foyer. Selection to be made by project manager, allowance of $2,500 for the cost of fixtures plus 10% markup for contractor.

32. Furnish all plumbing, electrical, connections and permits required for proper operation of all of the above.

33. Furnish two handicap accessible portable toilets and service for the public during construction.

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Colorado Parks and Wildlife : Standard Insurance Requirements for Construction Contractors A. The contractor shall obtain, and maintain at all times during the term of this contract, insurance in the following kinds and amounts:

1) Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of contractor's employees acting within the course and scope of their employment. If the vendor has no employees they should submit the Worker's Compensation Exemption Form, which they can obtain from the Project Manager.

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

a. $1,000,000 each occurrence;

b. $1,000,000 general aggregate;

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

d. $50,000 any one fire.

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

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

B. The State of Colorado (see below for other naming options) shall be named as additional insured on the Commercial General Liability Insurance policy (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent).

Coverage required of the contract will be primary over any insurance or self insurance program carried by the State of Colorado.

C. The Insurance shall include provisions preventing cancellation or non-renewal without at least 30 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 coverages required hereunder shall be issued by insurance companies satisfactory to the State.

F. The contractor shall provide certificates showing insurance coverage required by this contract to the State within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. 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. At any time during the term of this contract, the State may request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section.

G. Notwithstanding subsection A of this section, if the contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended ("Act'), the contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall show proof of such insurance satisfactory to the State.

The Certificate Holder is listed at the bottom of the Acord Form in the Certificate Holder box. Colorado Parks and Wildlife needs to be listed as a Certificate Holder. It allows us to receive notifications from the insurance company when the insurance is renewed, expires, or is cancelled. Sometimes the contractor will not send notification on their insurance status. Colorado Parks and Wildlife needs to be listed there (with or without the Park Name below it). This also ensures that we receive new ACORD forms from the insurance carrier. If the insurance expires before a PO expires, a new ACORD will be mailed to Colorado Parks and Wildlife when the renewal occurs.

Additional Insureds are generally listed in the Description Box above the Certificate Holder box. We are required to be Additional Insureds for General Liability only and sometimes it spells that out, but generally it just states that we are just the Additional Insureds. It can state our name in any of the following ways: State of Colorado or Colorado Parks and Wildlife. Some insurance carriers do not list us as the Additional Insureds in the Description Box but on an additional page. It will have a field: Additional Insureds and Colorado Parks and Wildlife (or one of the other names) should be filled in.

Sometimes Additional Insureds can be found in both the description box and on an additional page. As Additional Insureds the insurance carrier will pay the legal bills in the event of litigation (even though we use the AG's office, they will bill us and we can pass that cost to the insurance carrier). Parks that have management agreements with a federal agency have to make sure that the federal agency is also listed as an Additional Insured for General Liability, as a requirement of the lease/agreement.

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

Purchase Order Terms and Conditions 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.