Attachment B 007956_MagazineSpecs_Complete (2).pdf

CONSTRUCTION SPECIFICATIONS

Magazine Mine Refuse Fire Project

Reclamation Construction

Carbon County, Utah

Summer, 2024

STATE OF UTAH

DEPARTMENT OF NATURAL RESOURCES

Division of Oil, Gas & Mining Abandoned Mine Reclamation Program Salt Lake City, Utah

STATE OF UTAH

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF OIL, GAS & MINING

ABANDONED MINE RECLAMATION PROGRAM

The Utah Department of Natural Resources receives federal aid and prohibits discrimination on the basis of race, color, sex, age, national origin, or handicap. For information or complaints regarding discrimination, contact Executive Director, Utah Department of Natural Resources, P.O. Box 145610, Salt Lake City, Utah 84114-5610 or Office of Equal Opportunity, U.S. Department of the Interior, Washington, D.C. 20240

DOGM Project Name: Magazine Fire DOGM Project Number: AMR/007/956

Date Specifications Completed: September 10, 2024

DOGM Document Filenames:

MS Word Files:

007956_Specs_text.docx Complete Specs

Adobe Acrobat Files:

007956_Specs_complete.pdf Complete specifications (text, drawings, maps) 007956_Specs_chap5-BidDocs.pdf Chapter 5 bid documents formatted as fillable form

MS Excel Files:

007956_BidSchedule.xlsx Bid schedule

DOGM Master Specs Version: 03/29/2024

Note: This document is paged for duplex printing. It has occasional even-numbered (lefthand) pages inserted and intentionally left blank to yield righthand title pages.

Save paper: print two-sided.

Chapter 1: INSTRUCTIONS Chapter 2: CONTRACT TERMS, CONDITIONS, and FORMS Chapter 3: GENERAL TECHNICAL SPECIFICATIONS Chapter 4: PROJECT-SPECIFIC TECHNICAL SPECIFICATIONS Chapter 5: BID DOCUMENTS Chapter 6: MAPS

State of Utah Department of Natural Resources Division of Oil, Gas and Mining Abandoned Mine Reclamation Program 1594 West North Temple, Suite 1210 P.O. Box 145801 Salt Lake City, Utah 84114-5801 https://amr.ogm.utah.gov

Chapter 1: INSTRUCTIONS

Contents Instructions to Bidders

1: 1

Contents

CHAPTER 1: INSTRUCTIONS

CONTENTS

INSTRUCTIONS TO BIDDERS

CHAPTER 2: CONTRACT TERMS, CONDITIONS, AND FORMS

SCOPE OF WORK

CONSTRUCTION TERMS AND CONDITIONS

GENERAL CONDITIONS

AML CONTRACTOR INFORMATION FORM (SAMPLE)

DAVIS-BACON ACT WAGE REQUIREMENTS

29 CFR PART 5 – LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY

FINANCED AND ASSISTED CONSTRUCTION

U.S. DEPARTMENT OF LABOR FORM SF-1444

U.S. DEPARTMENT OF LABOR FORM WH-347

CERTIFICATE OF SUBSTANTIAL COMPLETION

CERTIFICATE OF FINAL ACCEPTANCE

DAILY CONSTRUCTION PROGRESS REPORT

AS-BUILT DRAWING FORM

CONTRACTOR PERFORMANCE RATING

CHAPTER 3: GENERAL TECHNICAL SPECIFICATIONS

0200 GENERAL SITE INFORMATION

0220 MOBILIZATION/DEMOBILIZATION

0230 ACCESS IMPROVEMENT

0270 SITE GRADING/EARTHWORK

0275 MATERIAL TRANSPORT

0280 DRAINAGE CONTROL & STREAM PROTECTION

0290 REVEGETATION

CHAPTER 4: PROJECT-SPECIFIC TECHNICAL SPECIFICATIONS

0300 SPECIFIC SITE REQUIREMENTS

APPENDIX A: MEASUREMENT AND PAYMENT SCHEDULE

APPENDIX B: REVEGETATION SEED MIX

APPENDIX C: DAVIS-BACON ACT GENERAL WAGE DETERMINATION

CHAPTER 5: BID DOCUMENTS

SUPPLEMENTAL BID INFORMATION

BIDDER'S PROPOSED SUBCONTRACTORS, SUPPLIERS & VENDORS LIST

MINORITY AND WOMAN BUSINESS ENTERPRISE REPRESENTATION

APPLICANT/VIOLATOR SYSTEM ELIGIBILITY CHECK

SUMMARY BID SCHEDULE

BID SCHEDULE

REQUIRED SUBMITTALS

CHAPTER 6: MAPS

1: 3

Instructions to Bidders

1. Request for Bids

The Utah Division of Purchasing is accepting bids for the Magazine Mine Refuse Fire Project. The WORK consists of excavation (earthwork), quenching and mixing burning coal, preparation of onsite material storage, site grading, runoff control, and revegetation of some disturbed areas at a refuse pile in Carbon County, Utah. Details of the WORK are contained in these Specifications.

“OWNER” in these Specifications is defined as the Utah Division of Oil, Gas and Mining.

Bidders should refer to the materials posted at the Division of Purchasing’s online procurement service website and the Division of Purchasing’s instructions contained in this solicitation packet for relevant dates and deadlines, instructions on how to submit a bid, and other bidding requirements.

Note that the complete bid solicitation packet has additional documents (cover sheet, Invitation to Bid form, instructions, Standard Terms and Conditions, etc.) besides the Division of Oil, Gas and Mining’s project specifications. Also, please note that electronic specifications may be organized into more than one file. Files or responses may be added to the solicitation after the initial posting.

Bidders should make sure that they have the entire bid package and all necessary documents before bidding.

2. Drawings and Specifications

Specifications are only available through the Division of Purchasing’s online procurement service.

Specifications are no longer provided by the Division of Oil, Gas and Mining.

3. Pre-bid Meeting

Date/Time: Friday, September 20, 2024 at 10:00 am MST Location: Meet at the Spring Canyon Trailhead approximately 4 miles west of Helper, UT.

From US-6 turn right onto N. Main St., Helper. Turn left to stay on N. Main St.

Turn on first right onto Bryner St. Turn right onto Canyon St. Continue 3.4 miles to Spring Canyon Trailhead. Bidders will then travel to other locations.

The meeting is expected to last 2 hours and will involve driving and hiking over rugged terrain.

High-clearance four-wheel-drive vehicles are recommended.

This meeting is mandatory. Attendance is required to bid. Coal Fire abatement work is different from standard residential or commercial construction. It requires specialized work in unusual conditions and unique circumstances. Because of the special nature of coal fire abatement work, bidders are required to attend the pre-bid meeting. Bids from firms not on record as attending the entire meeting will be considered nonresponsive. Bidders should supplement the pre-bid meeting by examining the project on their own time. Abandoned mines are hazardous. Do not enter the mines.

4. Contract and Bond

The contract agreement will be in the form of a Purchase Order referencing this bid solicitation.

The completion date for construction will be as indicated in the Supplemental Bid Information form.

The successful bidder, within 14 days after the award of contract, will be required to furnish a performance bond and a payment bond in an amount equal to one hundred percent (100%) of the contract price. Said bonds shall be secured from a company satisfactory to OWNER. The surety company must be a U.S. Department of Treasury (Circular 570) listed company.

5. Qualifications of Bidders

All CONTRACTORS must be currently licensed in Utah for the type of work to be done. This means the CONTRACTOR must hold an E100 license unless other licensing is specified in Section 0300: Specific Site Requirements.

The CONTRACTOR's past performance, organization, equipment, and ability to perform and complete their contracts in the manner and within the time limit specified will be elements that are considered as a matter of CONTRACTOR responsibility. All CONTRACTORS who have previously performed WORK on a Utah Abandoned Mine Reclamation Program (UAMRP) project have been evaluated using the Contractor Performance Rating Form (Chapter 2). Performance ratings may be used in determining responsibility.

6. Qualifications of Subcontractors

The experience and responsibility of Subcontractors may have bearing on the selection of a CONTRACTOR by the OWNER. The CONTRACTOR shall require all of his or her Subcontractors to comply with the license laws as required by the State of Utah.

The Subcontractor's past performance, organization, equipment, and ability to perform and complete their contracts in the manner and within the time limit specified will be elements that may also be considered in determining contractor responsibility.

OWNER may withhold award of CONTRACT to any particular bidder if one or more of his or her proposed Subcontractors are considered by the OWNER to be non-responsible.

7. Listing of Subcontractors

Bidders shall submit with the bid a list of the names of Subcontractors to be furnished for each of the principal parts of the work and the corresponding dollar amounts. Each principal part shall mean a subcontract dollar value in excess of $5,000. Such list shall be binding upon the CONTRACTOR; however, OWNER has a right to reject any or all Subcontractors listed or unlisted which OWNER feels are unqualified to do the work.

8. Interpretation of Plans and Specifications

ALL questions concerning this bid or the meaning of any part of the drawings, specifications or other proposed CONTRACT documents must be submitted through the Division of Purchasing’s online procurement service. The OWNER will not be responsible for any other explanations or interpretations of the proposed documents. Do not contact the DOGM project manager or Purchasing by phone or e-mail to ask questions.

9. Addenda or Bulletins

Any addenda or bulletins issued during the time of bidding shall become part of the documents issued to the bidders for the preparation of the bid, shall be covered in the bid, and shall be made a part of the CONTRACT.

10. Bid Schedule

Bidding CONTRACTORS shall examine the specifications and the Bid Schedule and fill in all blanks of the CONTRACTOR's Bid and Bid Schedule and submit all required information contained in the bid, including required submittals, or have the bid subject to disqualification.

11. Award of CONTRACT

The CONTRACT will be awarded as soon as possible to the lowest responsible bidder, provided the bid is reasonable and is in the interests of the OWNER to accept. For bidders who have previously performed WORK on a UAMRP project, evaluation of the responsibility of the bidder will also include consideration of past performance on AMR contracts for OWNER. Both the Lump Sum Amount and the Variation in Quantities Unit Price for all work items will be considered in awarding the CONTRACT. Lump Sum Amounts do not have to equal the product of the estimated quantity times the Variation in Quantity Unit Price, but OWNER may reject a bid if unit prices are substantially out of line with the Lump Sum Amount. The OWNER reserves the right to waive any technicalities or formalities in any bid or in the bidding.

12. Cost Breakdown

The CONTRACTOR shall, before starting WORK, submit to OWNER a cost breakdown showing the cost of various segments of the WORK according to a specification heading, the total amount equaling the CONTRACT price. This breakdown shall be used as the basis for the payment of estimates as stated in the contract documents.

13. Right to Reject Bids

The OWNER reserves the right to reject any or all bids.

14. Time is Essence and Award of CONTRACT

Time is of the essence in award of the CONTRACT.

15. Withdrawal of Bids

Bids may be withdrawn upon written or electronic request received from bidders prior to the time fixed for opening. Electronic request via fax or e-mail must be received by OWNER in written form before bid opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened.

16. Build America, Buy American Act

Compliance with the Build America Buy American Act is required for this project. The Act, 2 CFR Part 184, requires the use of domestically produced iron or steel products, manufactured products, and construction materials.

17. Applicant Violator System (AVS) Eligibility Check

Federal regulations require all successful bidders on contracts funded through Title IV of the Surface Mining Control and Reclamation Act (SMCRA) of 1977 to be eligible to receive a permit to conduct surface coal mining operations. In general, this means that the OWNER may not hire a contractor who is or whose company is associated with a coal mine operator with outstanding unpaid fines under SMCRA. The regulations further require that contractor eligibility be confirmed by the Applicant/Violator System (AVS) at the U.S. Office of Surface Mining Reclamation and Enforcement (OSMRE). Compliance checks are also required for all subcontractors receiving 10% or more of the total contract amount.

To comply with this rule, the apparent low bidder shall submit to DOGM within 24 hours (excluding weekends and holidays) of the bid opening their company ownership and control information. See “Applicant/Violator System Eligibility Check” in Chapter 5, page 5:5 for more information.

18. Davis-Bacon Act

Compliance with the Davis-Bacon Act is required for this project. The Davis-Bacon Act sets forth minimum wages for various job categories along with required reporting documentation. Davis- Bacon Act compliance also applies to Subcontractors. The Bid Price amount and unit prices must be sufficient to comply with the required wage rates. See Chapter 2, Davis-Bacon Act Wage Requirements, of these Specifications for more information.

Chapter 2: CONTRACT TERMS, CONDITIONS, and FORMS

Scope of Work DOGM Construction Terms and Conditions General Conditions for Abandoned Mine Projects AML Contractor Information Form (Sample) Davis-Bacon Act Wage Requirements U.S. Department of Labor Wage and Hour Form SF-1444 (Conformance) U.S. Department of Labor Wage Hour Form 347 (Certified Payroll and Statement of Compliance) Certificate of Substantial Completion Certificate of Final Acceptance Daily Construction Progress Report As-Built Drawing Form Certificate of WNS Compliance (Pre-Construction) Certificate of WNS Compliance (Post-Construction) Contractor Performance Rating Record of Individual Exposure to Radon

2: 1

Scope of Work

SCOPE OF WORK, hereinafter the WORK, to be performed is that contained in the Drawings and Technical Specifications prepared by: the Division of Oil, Gas & Mining and entitled CONSTRUCTION SPECIFICATIONS: Magazine Mine Refuse Fire Project Reclamation Construction and the General Specifications prepared by the Division of Oil, Gas and Mining entitled GENERAL CONDITIONS FOR ABANDONED MINE RECLAMATION PROJECTS contained therein.

The CONTRACTOR agrees to furnish all labor, materials and equipment to complete the WORK as described in the Drawings, Specifications, and addenda to the specifications which are hereby made a part of this CONTRACT by reference. It is understood and agreed by the parties hereto that all WORK will be performed as required in the Drawings and Specifications and will be subject to inspection and approval prior to final acceptance by the OWNER. The relationship of the CONTRACTOR to the OWNER hereunder is that of an independent CONTRACTOR.

DIVISION OF OIL, GAS AND MINING

Construction Terms and Conditions

ARTICLE 1. TIME OF COMPLETION: The WORK under this CONTRACT shall be commenced upon notice to proceed and shall be completed within 21 calendar days after the date of email delivery, date of hand delivery, or date marked on registered mail receipt of said Notice to Proceed and no later than December 15, 2024 . WORK delays caused by weather may, at the discretion of the OWNER, extend the completion date. CONTRACTOR also agrees to the liquidated damages provisions of Article 12.

ARTICLE 2. PAYMENT: OWNER will promptly pay for services performed by the CONTRACTOR.

Vouchers for reimbursement of expenditures under this Agreement must be filed promptly with OWNER's Representative by the tenth day of the month following the month in which WORK has been performed. OWNER will withhold from payment an amount not to exceed 5% of the total CONTRACT cost, except for Mobilization, which will have 40% withheld, until all WORK has been performed by the CONTRACTOR and is approved and accepted by OWNER.

ARTICLE 3. INDEBTEDNESS: Before final payment is made, the CONTRACTOR must submit evidence including lien waivers, satisfactory to the OWNER that all payrolls, materials bills, subcontracts and outstanding indebtedness in connection with the WORK have been paid or that arrangements have been made for their payment. Payment will be made without unnecessary delay after receipt of such evidence as mentioned above and Final Acceptance of the WORK by the OWNER.

ARTICLE 4. ADDITIONAL WORK: It is understood and agreed by the parties hereto that no money will be paid to the CONTRACTOR for any additional WORK, labor or materials furnished unless a new CONTRACT in the form of a Change Order or a modification hereof for such additional materials or labor has been executed by OWNER and CONTRACTOR. The OWNER specifically reserves the right to modify or amend this CONTRACT and the total sum due hereunder either by enlarging or restricting the WORK through a change order.

ARTICLE 5. ACCEPTANCE: The WORK will be inspected for acceptance by the OWNER promptly upon receipt of notice from the CONTRACTOR that the WORK is complete and ready for inspection.

ARTICLE 6. DISPUTES PERTAINING TO PAYMENT FOR WORK: Any disputes which may arise respecting the value of any WORK done, or any WORK omitted, or of any ADDITIONAL WORK which CONTRACTOR may be required to perform, or respecting any other elements involved in this CONTRACT, will be decided by the Director of the Division of Oil, Gas & Mining, acting as the

OWNER.

2: 2

ARTICLE 7. TERMINATION OF CONTRACT:

a. If the CONTRACTOR is adjudged bankrupt or if the CONTRACTOR makes a general assignment for the benefit of CONTRACTOR'S creditors or if a receiver is appointed on account of CONTRACTOR'S insolvency, or if CONTRACTOR or any of his/her Subcontractors violates any of the provisions of this CONTRACT, or if the CONTRACTOR does not perform the WORK according to the Specifications, the OWNER may serve written notice upon CONTRACTOR of its intention to terminate the CONTRACT; and unless within ten (10) days after the serving of the notice, the violation ceases, the OWNER then may take over the WORK and at the expense of the CONTRACTOR, complete it by contract or by any other method it may deem advisable. The CONTRACTOR will be liable to the OWNER for any excess cost incurred by the OWNER and the OWNER may, without liability for so doing, take possession of and utilize in completing the WORK, such materials, appliances, paint, and any other property belonging to the CONTRACTOR as may be on the site of the WORK.

b. OWNER may terminate this Agreement upon thirty days written notice to CONTRACTOR in the event the U.S. Department of the Interior fails to grant to OWNER sufficient funds to meet its obligations under this Agreement. In such event, CONTRACTOR will be entitled to receive just and equitable compensation for any satisfactory WORK completed up to the time of termination.

ARTICLE 8: OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNT AND MAKE APPLICATION

THEREOF: The OWNER may withhold from payment to the CONTRACTOR an amount or amounts as, in the OWNER'S judgment, may be necessary to pay just claims against the CONTRACTOR or any Subcontractor for labor and services rendered and materials furnished in and about the WORK. The OWNER in its discretion may apply the withheld amounts on the payment of such claims. In so doing the OWNER will be deemed the agent of the CONTRACTOR and payments so made by the OWNER will be considered as a payment made under the CONTRACT by the OWNER to the CONTRACTOR and the OWNER will not be liable to the CONTRACTOR for any such payments made in good faith. Such payments may be made without prior determination of the claim or claims.

ARTICLE 9: INDEPENDENT CONTRACTOR: The CONTRACTOR will be considered an independent contractor, and, as such, has no authorization, expressed or implied, to bind the State of Utah or the OWNER to any agreement, settlement, liability or understanding whatsoever, nor to perform any acts as agent for the State of Utah, except as herein expressly set forth. The compensation provided for herein will be the total compensation payable hereunder by the State of Utah or the OWNER.

ARTICLE 10: LIABILITY AND INDEMNIFICATION: It is agreed that the CONTRACTOR will at all times protect and indemnify and save harmless, the State of Utah and all institutions, agencies, departments, authorities and instrumentalities of the State of Utah and any member of their governing bodies or of their boards or commissions or any of their elected or appointed officers or any of their employees or authorized volunteers, or the private landowners who have consented to reclamation construction and/or have consented to allow ingress or egress to a reclamation site, as described in the general conditions of the project specifications which are included herein by reference, from any and all claims, damages of every kind and nature made, rendered or incurred by or in behalf of any person or corporation whatsoever, including the parties hereto and their employees that may arise, occur or grow out of any acts, actions, work or other activity done by the CONTRACTOR in the performance and execution of this CONTRACT.

ARTICLE 11. SUBCONTRACTOR: No part of this CONTRACT may be sublet by the CONTRACTOR without the prior written approval of the OWNER. The CONTRACTOR and the OWNER for themselves, their heirs, successors, executors, and administrators, hereby agree to the full performance of the covenants herein contained.

ARTICLE 12. LIQUIDATED DAMAGES: In the event the CONTRACTOR fails to complete the WORK within the time agreed upon in CONTRACTOR's schedule as set forth in Article 1, or within

2: 3 such additional time as may have been allowed by the OWNER, there will be deducted from any moneys due or that may become due the CONTRACTOR the sum of $781.00 per day for each and every calendar day beyond the agreed or extended completion day that the WORK remains uncompleted. Such sum is fixed and agreed upon by the OWNER and the CONTRACTOR as liquidated damages due the OWNER by reason of the inconvenience and added costs of administration, engineering and supervision resulting from the CONTRACTOR's default, and not as a penalty.

Permitting the CONTRACTOR to continue and finish the WORK or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, in no way operates as a waiver on the part of the OWNER of any of OWNER'S rights under the

CONTRACT.

ARTICLE 13. DEFAULT: In the event of default by the CONTRACTOR, termination may be executed as described by the Termination for Default Clause of the DIVISION OF OIL, GAS AND

MINING GENERAL CONDITIONS FOR ABANDONED MINE RECLAMATION PROJECTS.

ARTICLE 14. NONAPPROPRIATION OF FUNDS: Financial obligations of the OWNER payable after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted or otherwise made available. If funds are not appropriated or otherwise available to continue the payment, this contract may be terminated without penalty by giving thirty (30) days written notice.

ARTICLE 15. CERTIFICATIONS:

PART A: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions. 1) The CONTRACTOR certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any Federal department or agency. 2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

PART B: Certification Regarding Lobbying. The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The CONTRACTOR was selected for this contract in accordance with the State of Utah, Division of Purchasing's Regulations for the Procurement of Construction and Professional Services.

DOGM Construction Terms and Conditions (revised 08/13/2020)

2: 5

General Conditions for

Abandoned Mine Reclamation Projects

CONTENTS

1. Definitions

2. Authority

3. Correlation and Intent of Documents

4. Separability Clause

5. Conflicting Conditions

6. Statement Clarification of Terms

7. Copies Furnished

8. Detail Drawings and Instructions

9. Ownership of Drawings

10. Dimensions

11. Substitutions

12. Samples 13 Drawings and Specifications on the WORK

14. Shop Drawings/As-Built Drawings

15. Materials, Appliances, Employees

16. Superintendence and Supervision

17. Surveys, Permits and Regulations

18. Protection of WORK and Property

19. Inspection of WORK

20. Access to Records

21. Retention of Records

22. Liability Insurance

23. Property Insurance

24. Indemnification

25. Changes

26. Variations in Estimated Quantities

27. Differing Site Conditions: Price Adjustments

28. Price Adjustment

29. Suspension of WORK

30. Termination for Default for Nonperformance or

Delay Damages for Delay-Time Extensions

31. Termination for Convenience

32. Termination for Breach, Etc.

33. Claims Based on a Procurement Officer’s Actions or Omissions

34. Liquidated Damages

35. Remedies

36. Delays and Extension of Time

37. Balancing and Testing

38. Substantial Completion

39. Application for Payments

40. OWNER’s Right to Withhold Certain Amounts and Make Application Thereof

41. Deductions for Uncorrected Work

42. Correction of WORK Before Final Payment

43. Correction of WORK After Final Payment

44. Liens

45. Assignment

46. Separate Contracts

47. Mutual Responsibility of CONTRACTORs

48. Subcontractors

49. Relations of CONTRACTOR and Subcontractor

50. Subcontractor’s Financial Bid Limits and License

Classification

51. Contract Representative's Status

52. Contract Representative's Decisions

53. State's Inspection

54. Monthly Progress Meetings

55. Guarantee Bonds

56. Taxes

57. Cash Allowances

58. Royalties and Patents

59. Examination of Site

60. Construction Risks

61. Use of Premises

62. Laying Out WORK

63. Cutting, Patching and Digging

64. Cleaning Up

65. Testing of Materials

66. Temporary Enclosing, Drying Out, Etc.

67. Storage and Care of Materials

68. Temporary Appurtenances and Conveniences

69. Scaffolding, Tools, Etc.

70. Sanitary Provisions

71. Refuse

72. Rubbish Disposal

73. Removing Water

74. Safety

75. Emergencies

76. Normal Daylight Hours

77. Normal Working Days

78. Use of Explosives

79. Code Requirements

80. Conflict of Interest

81. Other Prohibited Interests

82. Debarment

83. Citizens Preferred

84. Equal Opportunity

85. Nondiscrimination and Affirmative Action

86. Affirmative Action

87. Compliance with Copeland Regulations

88. Overtime Compensation

89. Clean Air and Water

2: 6

DIVISION OF OIL, GAS AND MINING

GENERAL CONDITIONS FOR

ABANDONED MINE RECLAMATION PROJECTS

1. Definitions:

A. The CONTRACT documents consist of the agreement, the general conditions of the CONTRACT, the drawings and specifications, including all modifications thereof incorporated in the documents before their execution.

These form the CONTRACT.

B. The OWNER and the CONTRACTOR or pronouns used in place thereof, are those mentioned as such in the agreement. They are treated throughout the CONTRACT documents as if each were in the singular number.

C. The term "Subcontractor," as employed herein, includes anyone having a direct CONTRACT with anyone except the OWNER to provide material and/or labor under this CONTRACT, and it includes one who furnishes material worked to a special design according to the plans and/or specifications of this WORK, but does not include one who merely furnishes material not so worked.

D. The word "state," or pronoun used in place thereof, is to designate the State of Utah, as represented by the Division of Oil, Gas & Mining.

E. The word "OWNER," or pronoun used in place thereof, is to designate the State of Utah, as represented by the Division of Oil, Gas & Mining.

F. The term "WORK" of the CONTRACTOR or subcontractor includes labor or materials or both, and the SCOPE OF WORK.

G. The term "site" shall be used to refer to all areas where the WORK is to be performed.

H. The term "engineer" shall be used to refer to a consultant representing the OWNER or a designated representative of the OWNER.

I. The term "Procurement Officer" shall be used to refer to the procurement officer for the State of Utah [R33-1-1(5)] or a designated representative thereof.

J. The applicable laws and regulations of the

State of Utah shall govern the execution of the WORK embodied in the contract documents.

2. Authority:

Provisions of this CONTRACT are pursuant to the authority set forth in Sections 63-56 UCA 1953 as amended, the Utah State Procurement Rules (Utah Administrative Code, Section R33), and related statutes which permit the OWNER to purchase certain specified services and other approved purchases for the State.

3. Correlation and Intent of Documents:

The CONTRACT documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment, and transportation necessary for the proper and complete execution of the WORK, and equal in quality and workmanship to the highest standards. The CONTRACTOR is to abide by and comply with the true intent and meaning of all drawings and specifications taken as a whole and is not to avail himself to the detriment of the WORK, of any manifestly unintentional error or omission, should any exist. All minor details of WORK which are not shown on the plans, as well as such items as are not specifically mentioned in the specifications but are obviously necessary for the proper completion of the WORK, shall be considered as incidental and as being part of the

WORK.

4. Separability Clause:

The declaration by any court or any other binding legal source that any provision of this CONTRACT is illegal and void shall not affect the legality and enforceability of any other provision of this CONTRACT unless the provisions are mutually dependent.

5. Conflicting Conditions:

Any provision in any of the CONTRACT documents which may be in conflict or inconsistent with any of the paragraphs in these general conditions shall be void to the extent of such conflict or inconsistency.

In the event of conflicts of plans and specifications, the CONTRACTOR shall follow the most stringent requirements as approved by the OWNER.

6. Statement Clarification of Terms:

The Division of Oil, Gas & Mining will assume responsibility for design and engineering on this project and will provide inspection. See General Conditions 51, 52, and 53.

7. Copies Furnished:

Unless otherwise provided in the CONTRACT documents, the OWNER will furnish the CONTRACTOR, free of charge to the CONTRACTOR, copies of drawings and specifications, reasonably necessary for the execution of the WORK.

8. Detail Drawings and Instructions:

The OWNER shall furnish, with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the WORK. All such drawings and instructions shall be consistent with the CONTRACT documents, true developments thereof, and reasonably inferable therefrom. The WORK shall be executed in conformity with the drawings and instructions. Any WORK performed by the CONTRACTOR in advance of these drawings and instructions shall be entirely at the CONTRACTOR's risk.

9. Ownership of Drawings:

All copies of drawings and specifications furnished the CONTRACTOR by the OWNER are the property

2: 7 of the OWNER. They are not to be used by the CONTRACTOR on other work, and are to be returned to the OWNER, upon request, at the completion of the WORK.

10. Dimensions:

Where no figures or memoranda are given, the drawings shall be accurately followed according to their scale, but figures or memoranda are to be preferred to the scale, in all cases of difference, and the larger scale details shall take preference over those of smaller scale.

11. Substitutions:

Where reference is made to one or more propriety products but restrictive descriptive material of one or more manufacturer(s) is used, it is understood that the products of other manufacturers will be accepted, provided they equal or exceed the standards set forth in the plans and specifications and are compatible with the intent and purpose of the design, subject to the written approval of the OWNER and the CONTRACT REPRESENTATIVE prior to the opening of bids. Requests for and information pertaining to said approval must be submitted to the OWNER no later than four (4) working days (not including Saturday, Sunday or state holidays) prior to bid opening. If the descriptive material is not restrictive, the products of other manufacturers specified will be accepted without prior approval provided they are compatible with the intent and purpose of the design.

The CONTRACTOR may propose the substitution of any material as a supplement to his/her bid with the monetary amount, additive or deductive as may be the case, clearly stated and shall include the manufacturer's complete descriptive information with the proposed substitution. This shall be completely apart and separate from the BID PRICE quotation and shall be solely for the information of the OWNER and the use of such proposed substitutions shall be strictly at the decision of the OWNER. If substitution is accepted by the OWNER, the CONTRACT sum shall be adjusted from the BID PRICE either up or down as indicated on the supplementary list by change order after award.

12. Samples:

The CONTRACTOR shall furnish to the OWNER for approval, all samples as directed. The WORK shall be in accordance with approved samples.

13. Drawings and Specifications on the WORK:

The CONTRACTOR shall keep at the jobsite one copy of all drawings and specifications on the WORK in good order, available to the OWNER and their representatives.

14. Shop Drawings/As-Built Drawings:

The CONTRACTOR shall submit to the OWNER, with such promptness as to cause no delay in his/her WORK or in that of any other contractor, six copies of all shop/as built drawings or setting drawings and schedules required for the WORK of the various trades and the OWNER shall pass upon them with reasonable promptness. The

CONTRACTOR shall submit to the OWNER, with such promptness, making desired corrections. Said corrections shall pertain to conformance with the basic design concepts embodied in the CONTRACT documents. The CONTRACTOR shall make any corrections required by the OWNER. The OWNER shall distribute the corrected drawings as follows:

Two drawings to the OWNER; three drawings back to the general CONTRACTOR; and one drawing to the project inspector (if one is assigned to the job).

The OWNER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he/she has in writing called the OWNER's attention to such deviations at the time of submission, and has received the OWNER's written approval of such deviation; nor shall it relieve him/her from responsibility for errors of any sort in shop/as built drawings or schedules.

15. Materials, Appliances, Employees:

Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities and services necessary for the execution and completion of the WORK.

Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of high quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

The CONTRACTOR shall at all times enforce strict discipline and order among his/her employees, and shall not employ on the WORK any unfit person or anyone not skilled in the work assigned to him/her.

16. Superintendence and Supervision:

The CONTRACTOR shall keep on the WORK, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the OWNER. The superintendent shall represent the CONTRACTOR in his/her absence, and all directions given to superintendent shall be as binding as if given to the CONTRACTOR.

The CONTRACTOR shall give efficient supervision to the WORK, using his/her best skill and attention.

CONTRACTOR shall carefully study and compare all drawings, specifications and other instructions, and shall at once report to the OWNER any error, inconsistency, or omission which CONTRACTOR may discover, but shall not be held responsible for their existence or discovery.

17. Surveys, Permits and Regulations:

The OWNER shall furnish surveys necessary to establish site boundaries and existing topography.

The OWNER shall provide those surveys necessary for laying out the WORK.

The CONTRACTOR shall give all notices and comply with all applicable laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the drawings and specifications are at variance therewith, he/she shall promptly notify the OWNER in writing, and any necessary changes shall be adjusted as provided in

2: 8 the contract for changes in the WORK. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the OWNER, he/she shall bear all costs arising therefrom.

Inasmuch as the WORK under this contract will be performed for the State of Utah, it will not be necessary to take out local building permits, electrical permits and plumbing permits, nor will it be necessary to pay fees for inspections pertaining thereto; however, it will be necessary to obtain a permit from the city, county, and or Department of Transportation having jurisdiction whenever the WORK involves their property. The CONTRACTOR shall cooperate as necessary with these jurisdictions to comply with all their requirements, which may include a bond and permit fee.

Fees for connection to utilities such as water and power must be borne by the CONTRACTOR.

18. Protection of Work and Property:

The CONTRACTOR shall continuously maintain adequate protection of all his/her WORK from damage and shall protect the OWNER's property from injury or loss arising in connection with this CONTRACT. CONTRACTOR shall make good any such damage, injury, or loss, except such as may be directly due to errors in the CONTRACT documents or caused by agents or employees of the OWNER. CONTRACTOR shall adequately protect adjacent property as provided by law and the CONTRACT documents.

The CONTRACTOR shall take all necessary precautions for the safety of employees on the WORK and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the WORK is being performed.

CONTRACTOR shall erect and properly maintain at all times, as required by the conditions and progress of the WORK, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against hazardous conditions.

19. Inspection of Work:

The OWNER and the representatives thereof and authorized federal government inspectors shall at all times have access to the WORK, and the CONTRACTOR shall provide proper facilities for such access and for inspection.

If the specifications or the OWNER requires any work to be specially tested or approved, the CONTRACTOR shall give the OWNER timely notice of its readiness for inspection. Inspections shall be promptly made and, where practicable, at the source of supply. If any WORK should be covered up without approval or consent of the OWNER, it must, if required by the OWNER, be uncovered for examination at the CONTRACTOR's expense.

20. Access to Records:

The CONTRACTOR agrees to provide the OWNER, the U.S. Office of Surface Mining, The Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, and records which are directly pertinent to this CONTRACT for the purpose of making audit, examination, excerpts, and transcriptions. Such access will be made during normal business hours, or by appointment.

21. Retention of Records:

The CONTRACTOR agrees to retain and preserve any books, documents, papers, and records which are directly pertinent to this CONTRACT for a period of four years from the date of final payment for the WORK or from the date of Final Acceptance, whichever is later.

22. Liability Insurance:

To protect against liability, loss, or expense arising from damage to property or injury or death of any person or persons incurred in any way out of, in connection with or resulting from the WORK provided hereunder, CONTRACTOR shall obtain at its own expense from reliable insurance companies acceptable to OWNER's Risk Manager and authorized to do business in the state in which the work is to be performed, and shall maintain in full force during the entire period of this contract the following or equivalent insurance:

(a) Workers' Compensation Insurance and

Employers' Liability Insurance providing statutory benefits.

(b) Comprehensive General Liability Insurance, including premises-operations; explosion;

collapse and underground hazards; products and completed operation hazards; blanket contractual; broad form property damage;

independent CONTRACTORs; and personal injury including employees with limits not less than $1,000,000 combined single limit per occurrence.

(c) Comprehensive Automobile Liability Insurance including owned, hired and non-owned automobiles with limits not less than $1,000,000 combined single limit per occurrence.

(d) CONTRACTOR using its own aircraft, or employing aircraft in connection with the WORK performed under this contract shall maintain Bodily Injury and Property Damage Liability coverage with a combined single limit of not less than $1,000,000 per occurrence.

Any policy required by this section may be arranged under a single policy for the full limit required, or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy.

OWNER may accept equivalent self-insured programs in lieu of insurance upon specific approval of OWNER's Risk Manager.

Irrespective of the requirements as to insurance to be carried by CONTRACTOR as provided herein, insolvency, bankruptcy or failure of any insurance company to pay all claims accruing, shall not be held to relieve CONTRACTOR of any obligations hereunder.

2: 9

The State of Utah and all Institutions, Agencies, Departments, Authorities and Instrumentalities of the State of Utah, and while acting within the scope of their duties as such: any member of their governing bodies, or of their boards, commissions, or advisory committees, or any of their elected or appointed officials, or any of their employees or authorized volunteers shall be listed as additional insureds under each of the policies required to be purchased and maintained by CONTRACTOR, with the exception of Workers' Compensation. Each policy so required shall be primary to the aforesaid additional insureds listed above, and shall apply to the full policy limits prior to any other insurance coverage which the aforesaid additional insureds may have in the event of claim under any of said policies, but, only with respect to WORK being performed by CONTRACTOR on behalf of the aforesaid additional insureds.

Before the WORK is commenced, certificates evidencing that satisfactory coverage of the type and limits set forth above are in effect, shall be furnished to the OWNER. Such insurance policies shall contain provisions that no alteration, cancellation or material change therein shall become effective except upon thirty (30) days prior written notice to OWNER's Risk Manager as evidenced by return of registered or certified letter sent to OWNER's Risk Manager.

Any and all deductibles in the above described policies shall be assumed by, for the account of, and at sole risk of CONTRACTOR.

23. Property Insurance:

OWNER shall provide "all risk" property insurance to protect OWNER, as well as all CONTRACTORs, Subcontractors and sub-subcontractors with respect to WORK performed hereunder at OWNER's own cost and expense, according to the policy forms currently in force with insurance carriers selected by OWNER's Risk Manager. OWNER's Risk Manager will furnish, upon request, all parties in interest with copies of said policies authenticated by authorized agents of the insurers or the State Risk Management Fund.

The above described policies shall be subject to a total deductible of $500.00 per loss occurrence, which shall be assumed by all insureds in proportion to their share of the total amount of an insured loss occurrence.

Any insured property loss is to be adjusted with the OWNER's Risk Manager, and made payable to the OWNER's Risk Manager as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable loss payable clause.

CONTRACTOR and OWNER hereby waive all rights against each other for damages caused by perils insured against under the property insurance provided by OWNER, except such rights as CONTRACTOR may have to the proceeds of such insurance held by the OWNER's Risk Manager as trustee.

If the CONTRACTOR requests in writing that insurance for special hazards be included in the property insurance policy, the OWNER's Risk Manager shall, if possible, include such insurance, and the cost thereof shall be charged to the CONTRACTOR by appropriate change order.

24. Indemnification:

"Indemnities" shall be defined for the purposes of this section: the State of Utah and all institutions, agencies, departments, authorities, and instrumentalities of the State of Utah, and any member of their governing bodies, or of their boards or commissions, or any of their elected or appointed officers, or any of their employees or authorized volunteers.

The CONTRACTOR will protect, indemnify and hold harmless indemnities from every kind and character of damages, losses, expenses, demands, claims and causes of action arising against indemnities and their Subcontractors, their officers, agents, employees or any other person, firm or corporation whatsoever from, against, or on account of any and all claims damages, losses, demands causes of action and expenses (including attorney's fees) arising out of or resulting from any violation or alleged violation by CONTRACTOR, his officers, agents and employees, or his Subcontractors or their officers, agents and employees of any federal, state or local law, statute or ordinance, relating to the WORK to be performed by the CONTRACTOR on the project growing out of or incident to the WORK to be performed and operations to be conducted by CONTRACTOR, or his Subcontractors, under this agreement, whether such claims, death or damages, result from or are claimed to have resulted from the negligence of CONTRACTOR, his officers, agents or employees, or his Subcontractors, their officers, agents, employees, or whether resulting from or alleged to have resulted from the concurrent negligence of indemnities and/or CONTRACTORs, their officers, agents or employees. The CONTRACTOR, at his own expense, shall defend any suit or action brought against OWNER based on any such alleged injury, death or damage, and shall pay all damages, costs and expenses, including attorney's fees in connection therewith or in any manner resulting therefrom. Such damages will include all the injuries or damages occasioned by the failure of, use of, or misuse of any and all kinds of equipment, whether owned or rented by CONTRACTOR or furnished by a Subcontractor.

The OWNER shall be fully informed by the CONTRACTOR of settlement negotiations regarding any matter referred to in the preceding paragraph and shall first approve any settlement to be made by CONTRACTOR. Any such settlement shall include a release of all claims relating to OWNER. The form copy of all releases obtained shall be furnished by OWNER. If CONTRACTOR is unable to make settlement of any such claims within fifteen (15) days after the final completion date, the OWNER reserves the right, at his/her option, to either make settlement of the claim and charge the amount to CONTRACTOR or to withhold the dollar amount, in whole or in part, of the claim or claims in question from payment to CONTRACTOR until OWNER receives a release for such claim or claims.

In any and all claims against indemnities by any employee or CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of

2: 10 them or anyone for whose acts any of them may be liable, the indemnification obligation under this article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts.

The CONTRACTOR shall indemnify and hold harmless indemnities from all claims, demands, causes of action…