5. Mineral Mountain Project Special Conditions.pdf

Updated Aug 12, 2025

Special Conditions

Mineral Mountain Mine Closure Project

IFB1 PKAA 2026*0104

Publication Date: 12/10/2025

Introduction This Invitation for Bids (IFB) is issued by the State of Colorado, acting by and through the Department of Natural Resources (Department or DNR), Division of Reclamation, Mining and Safety (DRMS or the Division).

Additional Attachments & Links

● Bid Sheet

● Bid Schedule

● Bid Bond

● List of Equipment Offered

● Map

● SHEAP

● Davis Bacon Wage Determination Form

● Model Construction Agreement

● Contract Federal Provisions

● Performance Bond

● Labor and Materials Bond

● Appendix 1, Table 1 and Table 2

● State of Colorado PO Terms and Conditions

● DRMS General Conditions

● General Bid Specifications, 2009

Single Point of Contact All contact regarding this solicitation shall be directed to the Delegated Agency Buyer listed below:

Teresa Donaldson teresa.donaldson@state.co.us

Important: Email is the preferred method of communication. The individual listed above is the sole point of contact for this solicitation. Initiating contact with anyone other than this individual may result in bidder disqualification.

Project Location The Mineral Mountain Mine Closure Project is located roughly 3 miles west of the town of Nederland and 1 mile north of Eldora in western Boulder County on Pomeroy, Mineral, and Eldorado mountains. See the attached location map.

Project Summary The project includes four (4) adits and eighteen (18) shafts/stopes/prospect pits related to the Grand Island - Caribou mining district. Most mines were extracting vein minerals associated with intrusive stocks including silver, lead, gold, zinc, tungsten, and minor amounts of uranium. This is one of the oldest mining districts in Colorado, dating back to the 1860s and still contains active mines.

The features are located in areas that are readily accessible to public using USFS roads and trails, and local landowners who recreate in the area. There is evidence of visitation to many of these sites, increasing landowner worry about possible injuries and liability.

Access to the mine features is generally by rough 4WD roads and will require up to 4 miles of machine walk-in distances. Trailers and haul trucks will not be able to access these locations. Closure methods include machine backfilling, hand backfilling, PUF, CSPs, bulkheads, and monolithic plugs.

Mandatory Pre-Bid Meeting The mandatory pre-bid meeting for the Mineral Mountain Mine Closure Project will be held virtually by telephone/video conference on Wednesday January 21, 2026 at 2 p.m. MT.

Interested parties must pre-register (with name, company, company address, and email address) to attend the virtual pre-bid by contacting TC Wait at TC.Wait@state.co.us by 4 p.m. MT on January 19, 2026. Once you have expressed an interest in the project by registering, you will be emailed specific information regarding the project and details for attending the virtual pre-bid meeting by phone/video conference.

Any CONTRACTOR interested in submitting a bid for the above referenced project must attend the entire virtual pre-bid meeting by telephone/video. Registered CONTRACTORs are strongly advised to review provided information regarding the project prior to the virtual pre-bid meeting to ensure that any necessary questions and clarifications can be addressed by the PROJECT MANAGER. The virtual pre-bid held by telephone/video conference is for the purpose of explaining the work, location, and access. No onsite showing of the proposed project will be provided. The PROJECT MANAGER will record the firms in attendance by requesting the company/individual name, mailing address, phone number and email. Failure to register for and attend the entire virtual pre-bid meeting will be cause for rejection of a bid.

Each individual may represent themselves or a single company at the virtual pre-bid for the purpose of bidding.

All interested bidders must attend. Bidders shall review all Documents including the Meeting Requirements prior to the pre-bid meeting.

Bidders are cautioned that, notwithstanding any remarks or clarifications given at this meeting, all terms and conditions of the contract documents remain unchanged unless they are changed by written amendment issued by DRMS. If the answers to questions, or any amendment to the contract documents create ambiguities, it is the responsibility of the bidder to seek clarification prior to submitting a bid.

Written Inquiries Prospective Offerors may make written inquiries concerning the IFB to obtain clarification of requirements. Inquiries may be submitted to the Single Point of Contact via email by 4 p.m. MT on January 28, 2026.

The preferred method for submitting inquiries is via email with attachments in a PDF or Word format. Please use the bid number in the subject line of the email and include your name, company name, address, and contact information. Inquiries sent by fax or mail service will not be accepted. An amendment containing questions and their answers will be posted on the ColoradoVSS website.

Bid Submittal Deadline The deadline for all bids to be submitted is no later than 4:00 p.m. MT on Wednesday, March 25, 2026.

Bid Opening Date The bids for this project will be opened at 12:00 p.m. MT on Thursday, March 26, 2026. A written tabulation of the IFB results will be available to those bidders who submit a legible email address with their bid.

Public Bid Opening A virtual bid opening will take place at the date and time noted in the Bid Opening Date section. Please join the meeting by using the Google Meet link or by calling the phone number below:

Google Meet link:

meet.google.com/izh-okhz-nay

Google Phone Number

9205-232-(US) +1 562 PIN: 342 156 972#

Project Duration The project will not begin until all DRMS contracting agreements have been executed. The project is scheduled for construction between June 15, 2026 and July 24, 2026. This includes ten (10) calendar days mobilization time. These dates are tentative and may change.

The time of completion allowed for the project is forty (40) calendar days after receipt of the Notice to Proceed. This includes ten (10) calendar days mobilization time.

Special Requirements - Prequalification Special Requirements include having been directly responsible for at least two (2) mine closure/safeguarding projects. The projects must have been completed within the last seven (7) years. The CONTRACTOR shall provide the project name, project description and owner contact information for the projects referenced.

Please see Bid Item 0 on the Bid Schedule. There will be no payment for submittal of the prequalification information. This information must be submitted with the bid. Bids received from CONTRACTORs who fail to provide verifiable pre-qualification project experience will be considered unresponsive, and therefore the bid will be rejected.

Submission Instructions All bids must be submitted electronically via Colorado Vendor Self Service (ColoradoVSS) at www.colorado.gov/vss.

CONTRACTORs should monitor the amendment history in ColoradoVSS for any updates or modifications. In the event that it becomes necessary to modify the Invitation for Bid (IFB), the modification will be made in ColoradoVSS. It is very important that CONTRACTORs check ColoradoVSS on a regular basis, as this is the sole method for communicating any modifications. Modifications included in amendments published on ColoradoVSS take precedence over information in the IFB.

The ColoradoVSS Help Desk is available Monday through Friday 8:00 a.m. to 5:00 p.m.

MT and can be reached by emailing vsshelp@state.co.us.

A responsive bid must include the following, properly completed, and submitted:

● Bid Sheet

● Bid Schedule

● Bid Bond

● List of Equipment Offered form

● SDVOSB Certification (if applicable)

● Prequalification Requirements (Bid Item 0)

This is a sealed bid. Only submittals through ColoradoVSS will be accepted by the Division of Reclamation, Mining and Safety (DRMS) in response to this bid. Late bids will not be considered unless they are deemed acceptable per Procurement Rule R-24- 103-201-10 as determined by the Purchasing Director of the Department or their delegate.

Accommodation Statement: The State of Colorado is committed to providing equitable access to our services to all Coloradans. If necessary, please contact the single point of contact for accessibility assistance regarding any of the documents associated with this IFB. Visit our accessibility webpage for more information and services, including AIRA, our free service for blind and low-vision users.

Bid Sheet and Bid Schedule Bids shall be submitted on the bid sheet furnished. All bid items must include a price or the bid will be disqualified. Bidders shall acknowledge any/all amendments to this IFB on the Submission Form of the IFB with signature by a person authorized to bind the Offeror.

A completed bid schedule must also be returned with the bid. If there is more than one tab on the bid schedule spreadsheet, all tabs must be completed. The quantities listed on which unit prices are requested are estimates only. The prices indicated on the Bid Schedule and included in the Contract Documents shall include the cost of all labor and materials, equipment and services, and all other expenses necessary for the completion of the work. Alternate bids will not be accepted.

Bid Bond A bid bond is required for all sealed bids over $50,000.00. A bid guarantee in an amount not less than five percent (5%) of the total bid price must be submitted in the form of a firm commitment, such as a bid bond, certified check, or cashier's check. Checks should be made payable to the Treasurer, State of Colorado. If a bid bond is submitted, the State form shall be used. Bidders submitting certified check or cashier’s check must submit a scanned copy via the ColoradoVSS website and mail the physical check to the purchasing agent when requested.

Bid guarantees, other than bid bonds, will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids, and (b) to the successful bidder upon execution of such further contractual documents and bonds (including any necessary coinsurance or reinsurance agreements) as may be required by the bid as accepted.

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.

List of Equipment Offered The List of Equipment Offered form must be returned with each bid. All equipment to be used on the project must be listed. The CONTRACTOR must own, have a current lease for the equipment intended to be used to perform the work, or must furnish a statement of arrangements to rent, or otherwise procure, adequate equipment to perform the work.

Inclusion of a piece of equipment on the List of Equipment Offered represents a commitment to devote that piece of equipment to the project work for the entire duration of the project. A contract will not be awarded to a bidder who in the opinion of DRMS (a) does not have adequate equipment, or (b) does not have firm and satisfactory arrangements to obtain adequate equipment to perform the work described in the IFB.

Service Disabled Veteran Owned Small Businesses (“SDVOSBs” see §24-103-905, C.R.S., et seq.)

SDVOSBs, who are incorporated or organized in Colorado or maintain a place of business or have an office in Colorado and who are officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Small Business Administration (https://veterans.certify.sba.gov), may receive a 5% preference on their bid. This preference applies only to the price, and the SDVOSBs must still meet all other qualifications required in the bid. SDVOSBs claiming this preference shall submit documentation of SDVOSB certification Issued through the Center for Veteran Enterprise within the U.S. Small Business Administration in their response to the solicitation. Bid submissions without this documentation will not be given a preference.

Conflict of Interest By submission of a bid, the Offeror agrees that, at the time of contracting, the Offeror has no interest, direct or indirect, that would conflict in any manner or degree with the performance of the required services. The Offeror further agrees that, in the performance of the contract, they shall not employ any person having any such known interest.

If a conflict of interest exists, the respondent must disclose in its Bid response any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the Respondent regarding the solicitation or its subject matter.

The Respondent acknowledges that even the appearance of a conflict of interest may be harmful to the State’s interests. The Respondent shall disclose in its Bid response whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposed subcontractors or partners, or any related business with the State.

Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Respondent, the Contract or Purchase Order term, including any extensions. Reference §24-18-201, C.R.S., et seq. (Proscribed Acts Related to Contracts and Claims); §24-50-507, C.R.S.(Conflict of Interest); §18-8-301, C.R.S., et seq. (Bribery and Corrupt Influence); §18-8-401, C.R.S., et seq. (Abuse of Public Office); §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992); §24-109-105, C.R.S .(Debarment and Suspension); and Procurement Rule R-24-101-107-01 (Ethics).

Failure to Perform If the successful bidder, upon acceptance of the bid by DRMS, 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 Intent to Award, the award 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 the bid, and the bid guarantee shall be available toward offsetting such difference.

Conditions Affecting the Work In addition to examining the drawings and specifications, completion schedule, and other instructions, bidders shall visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, including average climatic conditions and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work.

Notice of Intent to Award Notice of intent to award will be made with reasonable promptness, by written notice to the low responsive and responsible bidder whose bid meets the requirements and criteria set forth in the IFB. These criteria will include, but not be limited to the lowest Grand Total Price, corrected if necessary for errors in price extension and/or addition, on the Bidder's equipment if a List of Equipment Offered is required with the bid, and capability to meet the performance time requirements. The Grand Total Price will be used for comparing bids only.

The lowest responsible bid, taking into account the Colorado resident bidder preference, if applicable, Article 14 of the DRMS General Conditions, will be determined by and the contract will be awarded on the base bid plus all additive alternates, to the extent that the addition of alternates results in a sum total within available funds to finance the contract.

Additive alternates will be used in determining the lowest responsible bidder, adding in the numerical order listed. An equal number of alternates shall be added to the base bid of each bidder within funds available to finance the contract for the purposes of determining the lowest responsible bidder. If this bid exceeds such amount, the right is reserved to reject all bids.

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

If Federal funds are utilized for this project, the contract cannot be awarded to a CONTRACTOR that 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 website: http://www.sam.gov.

A Notice of Intent to Award will be sent to the apparent low bidder within a reasonable time following the bid submission deadline. The Division of Reclamation, Mining and Safety must receive the following by the date specified in the award letter:

a. Executed Agreement, if required;

b. Fully-executed Performance and Labor and Material Bonds, accompanied by appropriate Power of Attorney, if required;

c. Certificates of Insurance showing proof of required coverage with

Additional Insured Endorsements and subrogation waivers as applicable;

d. AML CONTRACTOR Ownership and Control Form, if required;

e. Three-Way Agreement for Reclamation Activities, if required;

f. A list of all subcontractors to be used on the project the work tasks, and the dollar value to be subcontracted to each;

g. Completed W-9 form, if requested.

Please consult Articles 2-7 of the DRMS General Conditions.

If the above documents are not submitted properly within 10 days of Notice of Intent to Award, the Division of Reclamation, Mining and Safety may elect to award the Contract to the next lowest bidder pursuant to rules. Awardees are advised to keep close contact with DRMS during this period.

Colorado Contract or Purchase Order A Purchase Order may be issued to the awarded Offeror. The Purchase Order will include all documents associated with the bid including these Special Conditions, the Offeror’s response and the Colorado Purchase Order Terms and Conditions.

By submitting a bid, the Offeror agrees to the unaltered Colorado Purchase Order Terms and Conditions.

For projects exceeding $150,000, the successful Offeror(s), hereafter called CONTRACTOR, will be required to enter into a formal contract with the State. The Contract will incorporate these Special Conditions, published addenda and the response of the successful Offeror, and will include all contract terms and the Colorado Special Provisions.

State Terms and Conditions 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 bid review. The State reserves the right to reject any changes suggested to the Purchase Order or Contract Terms and Conditions and issue an Intent to award to the next most advantageous qualified responsive CONTRACTOR.

Single Contract DRMS may enter into a single contract. Any partnerships between firms specializing must be managed in a Prime CONTRACTOR/Subcontractor approach. All references to “CONTRACTOR” or “offeror” throughout this document shall be interpreted to mean the prime responding CONTRACTOR, except where specifically noted otherwise. Any/all forms signed and submitted by this defined Prime CONTRACTOR shall be interpreted as acknowledgement of terms and conditions and assumed responsibilities on behalf of all partnered entities (if applicable). The selected CONTRACTOR will be required to assume responsibility for all goods and services offered in its bid, and DRMS will consider the selected CONTRACTOR to be the sole point of contact with regard to all contractual matters and responsibilities. The selected CONTRACTOR must gain prior written approval from DRMS for any changes to subcontractors, subsequent to bid submission.

Performance Bonds and Labor and Material Bonds Performance and Payment bonds are required for bids $150,000.00 and above. The CONTRACTOR shall furnish a labor and material payment bond for 100 percent of the original contract price and a performance bond for 100 percent of the original amount of the Contract. The bonds are required by State Law, Title 24-105,202,203, C.R.S., as amended. The bonds shall be submitted using the State forms. The State requests that the

Surety and CONTRACTOR leave the date of the Contract found on the first page of each bond form blank and we will ‘pen’ in the date after the Controller executes the Contract.

These bonds will be submitted along with the standard State Agreement form within 10 days of the "Notice of Intent to Award."

Vendor and Bond Assistance Any vendors that need support responding to solicitations may contact the Colorado Supplier Diversity Navigator at the Statewide Equity Office of Supplier Diversity. Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, and bond assistance under the Construction Statewide Bond Assistance Program, through which eligible contractors can apply for assistance in securing the required bonding. The office can be reached during normal business hours by calling 303-866-5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

Retainage If the project exceeds $150,000.00, 5% retainage will be withheld until the project has been satisfactorily completed. Notice of CONTRACTOR’s Settlement will be advertised via electronic media at www.colorado.gov/vss.

Rejection of Bids Pursuant to Procurement Rule 24-103-301 C.R.S., the State of Colorado reserves the right to reject any or all bids received in response to this IFB, or to cancel this IFB if it is in the best interest of the State to do so. Failure to furnish all information, or to follow the bid format set forth in this IFB, may act to disqualify the bid. It is the sole responsibility of the Offeror to ensure that the bid is signed and all required information is included.

In the event DRMS elects to not award any Offeror, or the IFB solicitation is canceled, all received bids must be retained as confidential and will not be subject to public inspection.

The purpose for this condition is to prevent any future potential offerors an opportunity to review other offerors’ bids and thereby gain any unfair advantage in submitting future bids.

Protested Solicitations and Awards Any Offeror who is aggrieved in connection with the solicitation or award of a contract may protest to the DNR Purchasing Director. The protest shall be submitted in writing within ten

(10) business days after notification of intent to award as defined as when such aggrieved person knows, or should have known, of the facts giving rise thereto. See Section 24-109- 102 C.R.S, as amended.

DNR Procurement Official Ion Cotsapas - ion.cotsapas@state.co.us

The written protest shall include, as a minimum, the following:

● The name and address of the protestor;

● Appropriate identification of the procurement by bid or award number;

● A statement of the reasons for the protest; and

● Any available exhibits, evidence, or documents substantiating the protest.

General Bid Specifications The Colorado Inactive Mine Reclamation Program, General Bid Specifications, 2009 which include DRMS General Conditions, Standard Work Specifications, and Standard Drawings and Figures are intended to complement these Special Conditions. Please refer to the Standard Work Specifications for all applicable types of work required in the Special Conditions. The DRMS General Conditions apply to all work covered in the Special Conditions.

Liquidated Damages The liquidated damages for this project will be $400.00 per day. Please see DRMS General Conditions, Article 39.

ACH/EFT Payments Offerors are highly encouraged to consider signing up for ACH/EFT payments. ACH/EFT payments provide the advantage of ensuring quick and secure payments for the goods and services that contractors provide to the State. ACH/EFT payments help avoid the unnecessary, and sometimes inevitable delays in mail, and the possibility of lost warrants which will further delay payment. DNR’s goal is to pay contractors as soon as possible -signing up for the ACH/EFT is an important step in making this happen. For additional information about signing up for ACH/EFT payments please contact Point of Contact for this solicitation.

Three-Way Agreement A three way agreement is Not Required for this project. If a three-way Agreement for Reclamation Activities is required, the CONTRACTOR shall enter into a three-way agreement between the CONTRACTOR, the State of Colorado and the private landowner, and maintain for the duration of the work. In addition to that specified above, CONTRACTOR must provide landowner with a certificate of insurance that includes the following:

a. Comprehensive General Liability Insurance, which includes operations & premises coverage, products/completed operation coverage, all on an occurrence basis, all with combined single limit of liability of $1,000,000;

b. Statutory Workers’ Compensation and Occupational Disease Disability Insurance;

c. Employers' Liability Insurance with limits of $1,000,000 each occurrence; and

d. Automobile Insurance with a combined single limit of liability of $1,000,000, and furnish evidence of the insurance coverage as prescribed in the three-way agreement.

If a three-way Agreement for Reclamation Activities is required, the CONTRACTOR will be required to furnish lien waivers to the private landowner. See Number 5 of the sample three-way Agreement for Reclamation Activities. The landowner's address will be furnished to the CONTRACTOR with the Notice to Proceed.

Disadvantaged Business Opportunities The State encourages its agencies to utilize minority-owned and women-owned businesses to the greatest extent possible without sacrificing adequate competition.

Offerors are reminded of the illegality of discrimination. While there is not a specific requirement for Disadvantaged Business Enterprise participation for this solicitation, the State encourages the submission of responses that include minority-owned and/or women-owned businesses.

Insurance The CONTRACTOR shall obtain and maintain, at all times during the term of this Contract and require Subcontractors to include insurance in the kinds and amounts specified below.

All insurance policies required herein shall be issued by insurance companies as approved by the State.

1. Workers’ Compensation Insurance as required by state statute, and Employers’ Liability Insurance covering all of CONTRACTOR’s or Subcontractor’s employees acting within the course and scope of their employment.

2. Commercial General Liability Insurance written on the standard ACORD form, 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. $50,000.00 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.

4. Pollution liability policy with minimum limits of $1,000,000 each occurrence and $1,000,000 Annual Aggregate covering any environmental damage caused by the contractor or subcontractor during the Work.

5. Aircraft liability insurance covering bodily injury and property damage, liability, including passengers, with minimum of $5,000,000 each occurrence combined single limit.

The Certificates of Insurance and insurance policies required above shall be subject to the following stipulations:

● The State of Colorado shall be named as additional insured on the Commercial General Liability policies (leases and construction contracts will require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent) and on Pollution Liability Insurance policies. Coverage required of the Contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

● The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to CONTRACTOR and CONTRACTOR shall forward such notice to the State within seven days of CONTRACTOR’s receipt of such notice.

● All insurance policies secured or maintained by CONTRACTOR or its Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against CONTRACTOR or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.

● The CONTRACTOR shall provide certificates showing insurance coverage required by this Contract to the State within ten days of the notice of Intent to award. 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.

Bidders are advised to consult with their insurance carrier concerning these requirements.

Submit a bid only if you are prepared to complete these requirements.

Performance Monitoring Each Contract entered into pursuant to this code with a value of one hundred thousand dollars or more shall contain:

A. Performance measure and standards: Performance measures and Standards as defined in the DRMS General Conditions shall be the basis for this Contract. This includes but is not limited to the following:

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

2. The CONTRACTOR shall submit all required product information as defined in the Construction Drawings & Specifications. In turn, the State’s PROJECT MANAGER shall review and comment within 10 days of receipt.

3. The State’s PROJECT MANAGER and the CONTRACTOR shall conduct Construction Progress Meetings and Quantity Verification Inspections at least monthly or as otherwise determined necessary during Construction activities.

B. Accountability: Project and Contract administration will provide accountability by documenting and evaluating the progression of construction and the ability to follow the agreed upon construction schedule. The CONTRACTOR shall report regularly on achievement of the performance measures and standards specified above and failure to do so allows the governmental body to withhold payment until successful completion of all or part of the Contract and the achievement of established performance standards.

Payment by the State to the CONTRACTOR shall be made without delay upon successful completion of all or any part of the Contract in accordance with the payment schedule specified in the Contract or as otherwise agreed upon by the parties.

C. Monitoring Requirements: Both the State and the CONTRACTOR will evaluate each other’s 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: DRMS will meet with the CONTRACTOR in order to attempt to resolve any noncompliance issues. DRMS reserves the right to terminate the Contract at any time based upon the items specified in the Contract and the DRMS General Conditions.

Accessibility Requirements All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

Colorado Open Records Act (CORA) Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS 24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS 24-72-101, et.seq.

Project Funding Source This project is funded by Federal grant money made available to the State of Colorado through the U.S. Department of Interior, Office of Surface Mining, Reclamation and Enforcement through Title IV of the Surface Mining Control and Reclamation Act, Public Law 95-87, (Assistance Listing Number (ALN) #15.252).

This project is funded by Federal grant money made available to the State of Colorado through the U.S. Department of Agriculture, US Forest Service through ALN # 10.693.

This project is funded by Severance Tax collected by the State of Colorado.

Federal Funding And Regulations Please reference Addendum 2, Additional Terms and Conditions for Federal Provisions on the linked Purchase Order Terms and Conditions or the Federal Funding and Regulations section of the Construction Contract template for Federal Provisions applicable to this project.

Applicant Violator System The successful bidder may be required to submit a completed AML (Abandoned Mine Land) CONTRACTOR Ownership and Control Form and pass a check of the Applicant Violator System (AVS).

Although there are many circumstances under which a bidder might be found "not responsible", any CONTRACTOR who has had direct or indirect association with a firm that has had a permit revoked or a bond forfeited by the Division of Reclamation, Mining and Safety or the Mined Land Reclamation Board will be considered not responsible, and not eligible to be awarded any bid. Any firm listed in the federal Office of Surface Mining's Applicant Violator System or who is not confirmed by the Office of Surface Mining will be considered not responsible.

Davis-Bacon Act The CONTRACTOR shall comply with the wage requirements of the Davis Bacon Act, 40 U.S.C. 3141-3148 as supplemented by the Department of Labor regulations 29 CFR Part 5, and any other applicable federal labor or workplace law. Certified payroll is also known as a Davis-Bacon certified payroll report. Copies of certified payroll forms, WH-347, can be found at: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf, and must be submitted to the PROJECT MANAGER on a weekly basis after the Notice to Proceed and the project has begun. Please reference the attached wage determination form and the linked Purchase Order Terms and Conditions or the attached Construction Contract template for more information.

Build America, Buy America Act Note: This term is effective as of January 13, 2023. For more information on DOI’s approved waiver, see:

https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.

As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made-in-america/.

Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant a waiver from these requirements, subject to review by the Made in America Office.

The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:

1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;

2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or

3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.

There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at:

www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials.

If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office.

1. Type of waiver requested (non-availability, unreasonable cost, or public interest).

2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.

3. Department of Interior Bureau or Office who issued the award.

4. Federal financial assistance listing name and number (reference block 2 on DOI

Notice of Award)

5. Financial assistance title of project (reference block 8 on DOI Notice of Award).

6. Federal Award Identification Number (FAIN).

7. Federal funding amount (reference block 11.m. on DO Notice of Award).

8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known).

9. Infrastructure project description(s) and location(s) (to the extent known).

10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each.

11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in IFB, contracts, and nonproprietary communications with the prime contractor.

12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation.

13. Anticipated impact if no waiver is issued.

Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers;

recipients requesting a waiver will be notified of their waiver request determination by an awarding officer.

Questions pertaining to waivers should be directed to the financial assistance awarding officer.

Definitions “Construction materials” includes an article, material, or supply that is or consists primarily of:

non-ferrous metals;

plastic and polymer-based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables);

glass (including optic glass);

lumber; or drywall.

“Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives.

“Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.

“Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure;

and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.

‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States.

Buy Clean Colorado Act This section applies to all construction and professional services projects >$500k that will utilize any of the following materials: Asphalt, Asphalt and Asphalt Mixtures, Cement and Concrete Mixtures, Glass, Post-tension Steel, Reinforcing Steel, Structural Steel, Wood Structural Elements.

A. The Buy Clean Colorado (BCCO) Act is focused on reducing embodied carbon emissions of State Public Projects by means of Eligible Material selection. The BCCO Act requires the Office of the State Architect (OSA) to establish a maximum acceptable Global Warming Potential (GWP) limit for each category of Eligible Materials, which include: asphalt and asphalt mixtures, cement and concrete mixtures, glass, post-tension steel, reinforcing steel, structural steel, and wood structural elements.

B. During Eligible Material procurement, the CONTRACTOR shall work with material suppliers to collect compliant Environmental Product Declarations (EPDs) for all permanently installed Eligible Materials. Only third-party verified EPDs will be accepted. The CONTRACTOR shall furnish EPDs to the State prior to the installation of an Eligible Material. The EPD must show that the Eligible Material is within the established GWP limits applicable to this Contract (see link below) :

https://osa.colorado.gov/energy-environment/buy-clean-colorado-act/max-gwp-limits. The State shall verify the installation of Eligible Materials.

C. If an EPD is unavailable, the CONTRACTOR shall notify the State, and with prior State approval, the CONTRACTOR may install an alternative Eligible Material with an EPD. The State may direct the CONTRACTOR to work with the State’s designated PROJECT MANAGER to determine alternative products with EPDs. If an Eligible Material that meets the maximum acceptable GWP limit for a category of Eligible Materials is not reasonably priced or is not available to the CONTRACTOR on a reasonable basis, the CONTRACTOR shall submit to the State a Construction- Phase Waiver form in the template provided by OSA as Form EE-5.30 and in consideration of the EPD Exemption Justifications published by OSA as Form EE- 5.1, both of which are available at https://osa.colorado.gov/energy-environment/buy-clean-colorado-act.

D. For Eligible Materials sourced over 100 miles outside of the project site, the CONTRACTOR shall record and report information relating to the transportation of the Eligible Materials. The CONTRACTOR shall record the weight of the cargo (lbs.), the type of vehicle used for transporting the Eligible Materials, and the total distance traveled (miles) or the zip codes of the distributor and project site.

E. The CONTRACTOR shall certify compliance with its obligations related to BCCO by completing the “EPD Construction Submittal” and “Transportation” tabs of the EPD Submittal & Sign-Off Report (see links below):

● https://co.accessgov.com/executivedirector/Forms/Page/executivedirector/bb d0075c-c856-4e31-b82c-3ff94b4e7208/2154d89d-814a-4acf-bf41- 6c97cfe84531/2

● https://osa.colorado.gov/sites/osa/files/documents/EE-5.2.xlsx

Scope of Work

Historical Preservation Areas adjacent to the mine sites often contain related artifacts and structures, such as buildings, tipples, ore houses, headframes and foundations that may be historically significant. Care shall be exercised to avoid any effect to these structures and artifacts, in order to preserve their integrity. Existing structures, except shaft timbering, shall not be used as load-bearing devices.

Project Work Description The linked DRMS General Conditions apply to all work. The linked Purchase Order Terms and Conditions or the Construction Contract provisions apply to all work depending on award amount.

The following descriptions delineate the Work, materials, and how measurements of completed Work will be made and paid for, for each bid item in the Bid Schedule. The Bidder is to read these definitions and price their bid accordingly.

Item 1.0 Mobilization/Demobilization This item includes those measures necessary and incidental to move equipment and supplies onto the Project Area, to move equipment within the Project Area, and to complete any other requirements necessary to accomplish the goals of this Project. This item also includes all labor, equipment, and costs associated with demobilization and clean-up of the work site following completion of the Project. Please see Specification 1.0, Mobilization / Demobilization of the General Bid Specifications, 2009.

CONTRACTOR must comply with the following provisions during performance of this Project:

No clearing will be conducted without prior approval of the PROJECT MANAGER and without an approved sediment control structure in place and functional, as required by PROJECT MANAGER, until construction is completed. Generally, silt fence, installed per manufacturer’s specifications and Section 22.4 of the General Bid Specifications, 2009 is acceptable as a sediment control measure.

CONTRACTOR will dispose of waste materials, including but not limited to refuse, garbage, sanitary wastes, spent solvents, oil, and other petroleum products off of the Project Area in accordance with applicable laws and regulations. The CONTRACTOR will specify to PROJECT MANAGER proposed methods for all waste collection and disposal, modes of waste transport, and waste disposal facilities and locations CONTRACTOR and subcontractors will use while performing the work, including making any necessary arrangements for waste collection and disposal. Any fees or charges required to be paid for collection, transport or disposal of waste materials shall be paid by CONTRACTOR.

At its expense, CONTRACTOR will comply with all applicable federal, state, and local laws, ordinances, rules, and regulations relating to the work, the site, and any materials and/or equipment provided by CONTRACTOR.

Upon completion of the work under this Contract, the CONTRACTOR shall remove all temporary facilities, temporary…