Bells Gap Project.pdf

STATE OF COLORADO BID

Project Name: Bells Gap Project Bid Number: PKA‐17‐774

Fund: OSM: 567E Pre‐Bid Meeting Date: August 9, 2016 Time: 10:00 A.M.

Bid Submittal Date: August 23, 2016 Time: 4:00 P.M.

Bid Opening Date: August 24, 2016_________Time: 10:00 A.M.______

To: Purchasing Agent Division of Reclamation, Mining and Safety Total Bid $ 1313 Sherman St., Rm. 215 Receipt of Addenda Nos.

Denver, Colorado 80203 is Hereby Acknowledged

1. BID: The undersigned bidder proposes to furnish all the labor and materials and to perform all the work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the base bid above indicated, and according to the attached Bid Schedule.

2. EXAMINATION OF DOCUMENTS AND SITE: The bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the work, so as to make certain of the conditions at the site and to gain a clear understanding of the work to be done.

3. PARTIES INTERESTED IN BID: The bidder hereby certifies that the only persons or parties interested in this Bid are those named herein, and that no other bidder or prospective bidder has given any information concerning this Bid.

4. BID GUARANTY: This Bid is accompanied by the required Bid Guaranty. You are authorized to hold said Bid Guaranty for a period of not more than thirty (30) days after the opening of the Bids for the work above indicated, unless the undersigned bidder is awarded the Contract, within said period, in which event the Director, Division of Reclamation, Mining and Safety may retain said Bid Guaranty, until the undersigned bidder has executed the required Agreement and furnished the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance and any other documents required by the Special Conditions.

5. TIME OF COMPLETION: The bidder agrees to complete the entire project within 61 calendar days from the Notice to

Proceed, subject to Article 33 TIME OF COMPLETION and Article 39 LIQUIDATED DAMAGES, of The General Conditions of the Contract. If awarded this work, the bidder agrees to begin work within ten (10) days from the date of the Notice to proceed and agrees to prosecute the work with due diligence to completion.

6. EXECUTION OF DOCUMENTS: The bidder understands that if this Bid is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance and any other documents required by the Special Conditions within ten (10) days from the date of the Notice of Award.

7. LATE BIDS: Unless there are extraordinary circumstances for which the Purchasing Director may approve a bid received after the time and date due it will be rejected per R‐24‐103‐202a‐07(a), Colorado Procurement Code and Rules.

8. The right is reserved to waive informalities and to reject any Bid.

(TYPE/PRINT NAME UNDER ALL SIGNATURES) Dated this day of , 20__

THE BIDDER

Signature

Name and Title (Typed or Printed)

Company Name

Address

Phone #

Signatures: If the Bid is being submitted by a Corporation, the Bid should be signed by an officer, i.e., President or Vice President.

If the Bid is being submitted by an individual or a partnership, the Bid shall so indicate and be properly signed.

BELLS GAP PROJECT

Bid Schedule

PKA-17-774

DO NOT AMEND ANY PART OF THIS BID SCHEDULE

ALL PAGES OF THIS BID SCHEDULE MUST BE RETURNED

ALL LINES ITEMS MUST BE COMPLETED

Page 1 of 3 Pages

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1.0 Mobilize/Demobilize 1 Job N/A $__________

2.0 Project Safety, Health, and Environmental Action Plan (SHEAP)

1 Job N/A $__________

3.0 Install Mine Closures (Total from page 2 of Bid Schedule)

1 Job N/A $__________

4.0 Safeguard Additional Hazardous Openings (Total from page 3 of Bid Schedule)

1 Job N/A $__________

5.0 Additional Imported Common Fill NOT Guaranteed

50 CY $________/CY $__________

6.0 Additional Machine Time NOT Guaranteed

10 HR $________/HR $__________

GRAND TOTAL (Enter here and on Invitation and Bid Sheet)

Page 2 of 3 Pages

ITEM 3.0 – SAFEGUARD HAZARDOUS MINE OPENINGS:

Feature

ID

Type Closure Methods Bid Amount County Funding

BG01

Subsidence

Feature Machine Backfill

Huerfano OSM

BG02

Subsidence

Feature Machine Backfill

Huerfano OSM

BG03

Subsidence

Feature Machine Backfill

Huerfano OSM

BG05

Subsidence

Feature Machine Backfill

Huerfano OSM

BG07

Subsidence

Feature Machine Backfill

Huerfano OSM

BG08a Subsidence

Feature Machine Backfill

Huerfano OSM

BG08b Subsidence

Feature Machine Backfill

Huerfano OSM

BG08c Subsidence

Feature Machine Backfill

Huerfano OSM

BG09

Subsidence

Feature Machine Backfill

Huerfano OSM

BG12

Subsidence

Feature Machine Backfill

Huerfano OSM

Safeguard Mine Openings Total – ENTER TOTAL HERE AND ON PAGE 1

OF THIS BID SCHEDULE UNDER ITEM 3.0 $____________________

Page 3 of 3 Pages

ITEM 4.0 – SAFEGUARD ADDITIONAL HAZARDOUS MINE OPENINGS, IF REQUIRED:

ID

Type

Closure Methods

Bid Amount

County

Funding

BG06

Subsidence

Feature Machine Backfill $_______________ Huerfano OSM

BG10

Subsidence

Feature Machine Backfill

Huerfano OSM

BG11

Subsidence

Feature Machine Backfill

Huerfano OSM

BG14

Subsidence

Feature Machine Backfill $_______________ Huerfano OSM

BG15

Subsidence

Feature Machine Backfill $_______________ Huerfano OSM

BG16

Subsidence

Feature Machine Backfill

Huerfano OSM

BG17

Subsidence

Feature Machine Backfill

Huerfano OSM

BG18

Subsidence

Feature Machine Backfill

Huerfano OSM

BG19

Subsidence

Feature Machine Backfill

Huerfano OSM

Safeguard Mine Openings Total – ENTER TOTAL HERE AND ON PAGE 1

OF THIS BID SCHEDULE UNDER ITEM 4.0 $___________________

State Form SBP-6.14 Rev. 9/2006

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

BID BOND

Institution/Agency:

Project No./Name:

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, hereinafter called the “PRINCIPAL”, is submitting a PROPOSAL for the above described project, to the STATE OF COLORADO, hereinafter called the “OBLIGEE”.

WHEREAS, the Advertisement for Bids has required as a condition of receiving the Proposals that the Principal submit with the PROPOSAL GUARANTY in an amount not less than five per cent (5%) of the Proposal, which sum it is specifically agreed is to be forfeited as Liquidated Damages in the event that the Principal defaults in his obligation as hereinafter specified, and, in pursuance of which Requirement, this Bid is made, executed and delivered.

NOW THEREFORE, the Principal and a corporation of the State of , duly authorized to transact business in Colorado, as Surety, are held and firmly bound unto the Obligee, in the sum of five per cent (5%) of the Principal’s total bid price, lawful money of the United States for the payment of which sum, well and truly to be made to the Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

FURTHER THAT, a condition of the obligation that the Principal shall maintain his Proposal in full force and effect for thirty (30) days after the opening of the proposals for the project, or, if the Principal’s Proposal is accepted, the Principal shall, within the prescribed time, execute the required Agreement, furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, and Certificates of Insurance, then this obligation shall be null and void, otherwise it shall remain in full force and effect, and subject to forfeiture upon demand as Liquidated Damages.

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

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST

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

Name (Print) Signature

Name (Print) and Title

SIGNATURES If the “Principal” is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President or Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed.

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

(Corporate Seal) THE SURETY

By __________________________________________ Secretary Attorney-in-Fact

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

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

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

As of 8/16/2012

LIST OF EQUIPMENT OFFERED

Under the headings below, list all equipment which you offer to perform the work described in the Bid. Please see “List of Equipment Offered” in the Special Conditions.

ITEM

MAKE

MODEL NUMBER

SERIAL NUMBER

YEAR

MANUFACTURED

THIS PAGE MUST BE RETURNED WITH YOUR BID

OR THE BID MAY BE CONSIDERED NON-RESPONSIVE

PAGE 1 OF 1 PAGE

SPECIAL CONDITIONS

Bells Gap Project

PROJECT LOCATION

The project is located in Huerfano County with features located to the west and northwest of the Town of Walsenburg. Please see the attached maps.

WORK SUMMARY

The project work will include safeguarding twenty two (22) mine subsidence features, 10 features are guaranteed and 9 features are additional pending consent. All closure methods will be machine backfill and will include site grading and revegetation.

All closures are to be constructed as specified in the Colorado Inactive Mine Reclamation Program General Bid Specifications, 2009.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held at 10:00 am on Tuesday, August 9, 2016. The meeting will start at the southwest corner of the Acorn Travel Plaza lot located at 455 US Highway 85 (Business 25) Walsenburg, CO. Please see attached map. To get to the pre-bid meeting, follow I-25 south towards Walsenburg and take Exit 52 for Walsenburg/Alamosa. Follow Business 25 to Highway 69, take Highway 69 West. Take 2nd right into the Acorn Travel Plaza lot and head to the left to the southwest corner.

The purpose of the Pre-Bid meeting is to afford potential bidders the opportunity to inspect the proposed work and access conditions. Attending the entire Pre-Bid meeting is mandatory. Bidders are advised to be prompt. A sign-in sheet will be available at the Pre-Bid meeting for firms to register their attendance. It is the bidder's responsibility to make certain their attendance is recorded on the sign-in sheet. Each individual may represent him/herself or a single company for the purpose of bidding. Signing the Pre-Bid Meeting attendance list to represent more than one person or company is not permitted. Failure to sign-in and sign out, as directed by the Project Manager, will be cause for rejection of a bid.

Please review Meeting Requirements PRIOR to the meeting. All interested bidders MUST attend. Bidding documents must be obtained prior to the pre-bid meeting. Any Documents that cannot be loaded to the VSS System are the ONLY documents that will be distributed at the Pre-Bid Meeting.

THIS PRE-BID MEETING INVOLVES INSPECTION OF HAZARDOUS AND UNSTABLE

MINE OPENINGS. THE SAFETY OF PROSPECTIVE BIDDERS IS OF UTMOST

IMPORTANCE TO THE DIVISION OF RECLAMATION, MINING AND SAFETY. NO

ONE WILL BE ALLOWED WITHIN 15 FEET OF ANY VERTICAL MINE OPENING

WITHOUT PROPER SAFETY EQUIPMENT INCLUDING: SAFETY BELT OR

HARNESS PROPERLY SECURED TO A SAFETY LANYARD AND ANCHOR. NO ONE

WILL BE ALLOWED TO EXAMINE ANY HORIZONTAL MINE OPENING WITHOUT

WEARING A HARD HAT.

Bidders are cautioned that, notwithstanding any remarks or clarifications given at this meeting and site showing, all terms and conditions of the contract documents remain unchanged unless they are changed by written amendment issued by the OWNER. 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.

BID SUBMITTAL

The Deadline for all bids to be submitted is no later than 4:00 p.m. on Tuesday, August 23, 2016.

All bids need to be submitted as SEALED BIDS in single copy for the work described herein will be received until the date and time specified above at the Colorado Division of Reclamation, Mining and Safety, 1313 Sherman Street, Suite 215, Denver, Colorado 80203. Electronic bids are NOT being accepted by the Vendor Self Serve system at this time.

A responsive bid must include the following, properly completed:

Bid Form

Bid Bond List of Equipment

This is a sealed bid. Telegraphic or electronic (FAX, Western Union, Telex, etc.) bids will NOT be accepted directly by the Division of Reclamation, Mining and Safety in response to this bid.

Bid Form. Bids shall be submitted on the bid form furnished. Bids must be manually signed in ink. All bid items must be priced or the bid will be disqualified. In case of error in the extension of price, the unit price shall govern. If a Bid Schedule is included it must also be returned with the bid.

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. Bids must be signed as follows:

If the Bidder is a corporation: The bid must be signed by an officer (President or Vice President), and the title indicated.

If the Bidder is a proprietorship: The Owner must sign the bid and print or type his name, the business name.

If the Bidder is a partnership: The majority or general partner must sign the bid. The same person must sign the contract, if awarded. Also include the company name.

Bid Bond. A bid bond is required for all jobs 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, bank money order, certified check or cashier's check. Checks or money orders should be made payable to the Treasurer, State of Colorado. If a bid bond is submitted, the State form shall be used. An irrevocable letter of credit is not acceptable as a bid guarantee. 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.

If the successful bidder, upon acceptance of his bid by the OWNER, fails to execute such further contractual documents, and give such bond(s) (including any necessary coinsurance or reinsurance agreements) as may be required within ten (10) days after receipt of the Notice of Award, the contract may be terminated for default. In such event the CONTRACTOR shall be liable for any cost of procuring the work which exceeds the amount of his bid, and the bid guarantee shall be available toward offsetting such difference.

BID OPENING DATE

The Bid for this project will be opened on Wednesday, August 24, 2016 at 10:00 a.m.

All bid openings are open to the public and bidders are welcome to attend and record the bid results.

A written tabulation of the Bid results will be available to those bidders who submit an email address or a clearly-visible, self-addressed, stamped envelope with their bid. Please allow two weeks for receipt of Bid results. Telephone requests cannot be honored because of time constraints.

Performance and Payment Bonds – ARE REQUIRED for bids over $50,000.00.

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. A certified or cashier’s check or bank money order may be accepted in lieu of the bonds. If a surety other than a bond is used, the State will hold fifty percent (50%) of the surety until the final settlement date and fifty percent (50%) for six (6) months after the final settlement date.

RETAINAGE

If the bid amount is between $50,000.00 and $149,999.00, 10 percent retainage will be withheld until the project has been satisfactorily completed and advertised. If the bid amount is $150,000.00 or over, 5% retainage will be withheld until the project has been satisfactorily completed and advertised.

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. If several contractors propose to join together to perform the work under this contract, equipment owned or controlled by each should be listed and the owner identified. A contract will not be awarded to a bidder who in the opinion of the OWNER (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 Invitation and Bid.

If the List of Equipment Offered is not submitted with the bid, the bid may be considered non-responsive.

BID AWARD

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 Invitation for bid.

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.

To be considered responsive and responsible, bidders may not have a Below Standard "(1)", OVERALL (Final) performance rating in the Colorado Contract Management System (CMS), for any construction project completed for Colorado in the last five years, per C.R.S. 24- 105-1(2)

Additive Alternates. The lowest responsible bid, taking into account the Colorado resident bidder preference, Article 14 of the 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.

GENERAL BID SPECIFICATIONS

The Colorado Inactive Mine Reclamation Program General Bid Specifications 2009, which include General Conditions, Standard Work Specifications, and Standard Drawings and Figures are intended to complement these Special Conditions. The Special Conditions combined with the General Bid Specifications 2009 form the complete Invitation and Bid document. Please refer to the Standard Work Specifications for all applicable types of work required in the Special Conditions. The General Conditions apply to all work covered in the Special Conditions. Copies of the General Bid Specifications are available at the Pre-Bid Meeting or from the Division of Reclamation, Mining and Safety (CDRMS), 1313 Sherman Street, Room 215, Denver, Colorado 80203 (303) 866-3567.

PROJECT DATES

The project is scheduled for construction between September 26, 2016 and November 25, 2016.

This includes ten (10) days mobilization time. These dates are tentative and may change.

TIME OF COMPLETION

The time of completion allowed for the project is 61 calendar days after receipt of the Notice to Proceed. This includes ten (10) days mobilization time.

LIQUIDATED DAMAGES

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

NOTICE OF AWARD AND EXECUTION OF DOCUMENTS

A Notice of Award will be sent to the apparent low bidder with reasonable promptness. The contract signing date and time will be set for fourteen (14) days after the bid is awarded. The Division of Reclamation, Mining and Safety must receive the following:

(a) Executed Agreement;

(b) Fully-executed Performance and Payment Bonds, accompanied by appropriate Power of Attorney, if required;

(c) Certificates of Insurance showing proof of required coverage and Additional

Insured Endorsement;

(d) Project schedule;

(e) AML Contractor Ownership and Control Form;

(f) Minority (MBE)/women (WBE) Business Participation form;

(g) Three-Way Agreement for Reclamation Activities, if required by the Special

Conditions;

(h) A list of all subcontractors to be used on the project, the work tasks and dollar value to be subcontracted to each, and

(I) Completed W-9 forms, if required (for contractors new to the State).

(j) Project Schedule

Please consult Articles 2-7 of the General Conditions.

If the above documents are not submitted properly by the contract signing date, the Division of Reclamation, Mining and Safety may elect to award the contract to the next lowest bidder. Bidders are advised to keep close contact with CDRMS during this period.

THREE-WAY AGREEMENT

A three way "Agreement for Reclamation Activities" is not required for this job. Please see Article 4 of the General Conditions for the applicable insurance requirements.

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.

PROJECT FUNDING

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. (CFDA 15.252).

AMERICANS WITH DISABILITIES ACT

All programs, services and activities of the Department of Natural Resources, Division of Reclamation, Mining and Safety and the Colorado Mined Land Reclamation Board are operated in compliance with the Americans with Disabilities Act. Questions, complaints and requests for additional information may be directed to ADA Coordinator, Department of Natural Resources, 1313 Sherman Street, Room 415, Denver, CO 80203.

CORA DISCLOSURE

To the extent not prohibited by federal law, this Contract and the performance measure 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.

STATEWIDE CONTRACT MANAGEMENT SYSTEM

By entering into this Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system.

Contractor’s performance shall be evaluated in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance.

Evaluation of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Natural Resources, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.

INDEMNIFICATION

Contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses and attorney fees and related costs, incurred as a result of any act or omission by Contractor or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.

PROJECT WORK DESCRIPTION

The attached General Conditions of the Contract and Purchase Order Terms and Conditions apply to all work.

ITEM 1.0: MOBILIZE/DEMOBILIZE

This item includes those measures necessary and incidental to move equipment and supplies on the Project Area, to move equipment within the Project Area, and to complete any other requirements necessary to accomplish the goals of the 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.

Measurement and Payment

Payment for ITEM 1.0 shall be reflected in a lump sum quote price under ITEM 1.0 on the Bid Schedule. Payment shall include all the CONTRACTOR’S expenses for mobilization of equipment to the site, transportation of the equipment within the project area, employee time, labor and materials necessary to accomplish the requirements of this item, compliance with the conditions and requirements described in this item description, and final clean-up of the work place.

If the price quoted for mobilization and demobilization is greater than 15 percent (15%) of the total contract price, invoices supporting the mobilization costs will be required before payment is approved. Payment shall be made as described in Specification 1.0, Mobilization / Demobilization of the DRMS General Bid Specifications 2009.

ITEM 2.0: PROJECT SAFETY, HEALTH, AND ENVIRONMENTAL ACTION PLAN

(SHEAP)

The job will involve working around inactive mine features and hazards, and it is the responsibility of the CONTRACTOR to be aware of all OSHA regulations which apply to this contract. This task includes all the Contractors expenses for employee time, labor, materials, and safety equipment and safety training necessary for preparing and executing a job safety plan. The Successful Bidder will be required to prepare the Project Safety Plan (SHEAP) and submit it for review and approval to the DRMS. The CONTRACTOR is required to develop and implement a Project Safety Plan in conjunction with project implementation. PROJECT MANAGER must receive the Project Safety Plan within five (5) working days of Notice to Proceed date. It is expected that the Project Safety Plan will be comprehensive and sufficiently detailed so that every member of the work crew (including sub-contractors) on site understands their responsibilities and the responsibilities of CONTRACTOR to ensure a safe and injury free work place.

The Project Safety Plan must be submitted to:

Rachael Nickless 1313 Sherman Street, Suite 215 Denver, CO 80203

FAX (303) 832-8106

At a minimum, the plan MUST provide specific, detailed responses to the following list of safety concerns that are likely to present themselves during the course of Project completion. When developing the Project Safety Plan, please list specific types of equipment to be provided by CONTRACTOR, including subcontractor(s), in order to address the safety concern, or specifically state the actions to be taken by CONTRACTOR, including crew and subcontractor(s) order to address the safety concern.

Measurement of Payment

There will be no measurement for payment. Payment for this item will be reflected in a lump sum quote under ITEM 2.0 on the Bid Schedule. This lump sum quote will cover all costs for developing and implementing the Project Safety Plan or SHEAP, including writing and revising the plan as required, provision and maintenance of safety equipment, conduct of daily safety meetings and all other items necessary and incidental to meeting the specifications of this item and of the Project Safety Plan or SHEAP. Payment shall be made as this item is completed and approved by the PROJECT

MANAGER

Note: If unusually dry conditions exist at or during the execution of the project, or as directed by the PROJECT MANAGER, a twenty (20) pound fire extinguisher and a large round-pointed shovel with an overall length of at least forty-eight (48) inches or equivalent will be required to be on site at all times.

ITEM 3.0: INSTALL MINE CLOSURES

Safeguard mine openings listed on the Bid Schedule in accordance with the Project Work Description and the referenced Standard Work Specifications (SWS) as specified in the Colorado Inactive Mine Reclamation Program General Bid Specifications, 2009.

Measurement and Payment

Refer to referenced Standard Work Specifications sections for each feature for Measurement and Payment. Invoices are to be accompanied by weekly or daily reports summarizing the work included in the invoice.

Feature ID: BG01 (Bid Item 3.0, Required) Type of Feature: Subsidence Feature

Excavated Dimension: 253ft Circumference Eroded Dimension: 253ft Circumference Present Size Opening: 253ft Circumference Condition: Partially Collapsed Depth of Opening: 35 ft Depth to Plug: 35 ft Depth to Bedrock: N/A Shape of Opening: Irregular Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Supply and install five thousand (5,000) cubic yards of imported common fill.

Machine backfill with imported common fill in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). The backfilled area shall be graded to blend in with the surrounding topography. Rockfill is not required.

Feature ID: BG02 (Bid Item 3.0, Required) Type of Feature: Subsidence Feature

Excavated Dimension: 20ft by 30ft Eroded Dimension: 20ft by 30ft Present Size Opening: 20ft by 30ft Condition: Partially Collapsed Depth of Opening: 2 ft Depth to Plug: 2 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with imported common fill in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). Rockfill is not required.

Feature ID: BG03 (Bid Item 3.0, Required)

Excavated Dimension: 20ft by 30ft Eroded Dimension: 20ft by 30ft Present Size Opening: 20ft by 30ft Condition: Partially Collapsed Depth of Opening: 3 ft Depth to Plug: 3 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with imported common fill in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). Rockfill is not required.

Feature ID: BG05 (Bid Item 3.0, Required) Type of Feature: Subsidence Feature

Excavated Dimension: 16ft by 14ft Eroded Dimension: 16ft by 14ft Present Size Opening: 16ft by 14ft Condition: Partially Collapsed Depth of Opening: 9 ft Depth to Plug: 9 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with imported common fill in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). Rockfill is not required.

Feature ID: BG07 (Bid Item 3.0, Required)

Excavated Dimension: 4ft by 4ft Eroded Dimension: 4ft by 4ft Present Size Opening: 4ft by 4ft Condition: Partially Collapsed Depth of Opening: 8 ft Depth to Plug: 8 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite material in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). Rockfill is not required.

Feature ID: BG08a (Bid Item 3.0, Required)

Excavated Dimension: 35ft by 35ft Eroded Dimension: 35ft by 35ft Present Size Opening: 35ft by 35ft Condition: Partially Collapsed Depth of Opening: 7 ft Depth to Plug: 7 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite

Feature ID: BG08b (Bid Item 3.0, Required)

Excavated Dimension: 60ft by 50ft Eroded Dimension: 60ft by 50ft Present Size Opening: 60ft by 50ft Condition: Partially Collapsed Depth of Opening: 8 ft Depth to Plug: 8 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite material in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). Rockfill is not required.

Feature ID: BG08c (Bid Item 3.0, Required) Type of Feature: Subsidence Feature

Excavated Dimension: 20ft by 20ft Eroded Dimension: 20ft by 20ft Present Size Opening: 20ft by 20ft Condition: Partially Collapsed Depth of Opening: 4 ft Depth to Plug: 4 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite

Feature ID: BG09 (Bid Item 3.0, Required)

Excavated Dimension: 100ft by 60ft Eroded Dimension: 100ft by 60ft Present Size Opening: 100ft by 60ft Condition: Partially Collapsed Depth of Opening: 10 ft Depth to Plug: 10 ft Depth to Bedrock: N/A Shape of Opening: Irregular Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite

Feature ID: BG12 (Bid Item 3.0, Required)

Excavated Dimension: 35ft by 45ft Eroded Dimension: 35ft by 45ft Present Size Opening: 35ft by 45ft Condition: Partially Collapsed Depth of Opening: 10 ft Depth to Plug: 10 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite

ITEM 4.0: SAFEGUARD ADDITIONAL HAZARDOUS MINE OPENINGS

The following additional closures are awaiting consent, and are not guaranteed. Closure of these hazardous mine features shall include all costs associated with the work of closing the following mine features in compliance with the General Bid Specifications, 2009 and all applicable regulations.

Safeguard Additional Hazardous Mine Openings listed on the Bid Schedule page 4 in accordance with the Project Work Description and the referenced Standard Work Specifications set forth below in these Special Conditions. The additional bid items for this project include:

Feature ID: BG06 (Bid Item 4.0, Additional) Type of Feature: Subsidence Feature

Excavated Dimension: 20ft by 23ft Eroded Dimension: 20ft by 23ft Present Size Opening: 20ft by 23ft Condition: Partially Collapsed Depth of Opening: 6 ft Depth to Plug: 6 ft Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Supply and install imported common fill. Machine backfill in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). When backfill is complete, replace top soil. Rockfill is not required.

Feature ID: BG10 (Bid Item 4.0, Additional) Type of Feature: Subsidence Feature

Excavated Dimension: 55ft by 50ft Eroded Dimension: 55ft by 50ft Present Size Opening: 55ft by 50ft Condition: Partially Collapsed Depth of Opening: 6 ft Depth to Plug: 6 ft Depth to Bedrock: N/A Shape of Opening: Round Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite material in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). When backfill is complete, replace top soil.

Rockfill is not required.

Feature ID: BG11 (Bid Item 4.0, Additional)

Excavated Dimension: 15ft by 15ft Eroded Dimension: 15ft by 15ft Present Size Opening: 15ft by 15ft Condition: Partially Collapsed Depth of Opening: 4 ft Depth to Plug: 4 ft Depth to Bedrock: N/A Shape of Opening: Rectangular Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite material in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). When backfill is complete, replace top soil.

Rockfill is not required.

Feature ID: BG14 (Bid Item 4.0, Additional) Type of Feature: Subsidence Feature

Excavated Dimension: 16ft by 18ft Eroded Dimension: 16ft by 18ft Present Size Opening: 16ft by 18ft Condition: Partially Collapsed Depth of Opening: 25 ft Depth to Plug: 25 ft Depth to Bedrock: N/A Shape of Opening: Rectangular Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with imported common fill in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). When backfill is complete, replace top soil. Rockfill is not required.

Feature ID: BG15 (Bid Item 4.0, Additional)

Excavated Dimension: 12ft by 12ft Eroded Dimension: 12ft by 12ft Present Size Opening: 12ft by 12ft Condition: Partially Collapsed Depth of Opening: 5 ft Depth to Plug: 5 ft Depth to Bedrock: N/A Shape of Opening: Irregular Surface Material: Native Soil Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with imported common fill in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). When backfill is complete, replace top soil. Rockfill is not required.

Feature ID: BG16 (Bid Item 4.0, Additional) Type of Feature: Subsidence Feature

Excavated Dimension: 10ft by 12ft Eroded Dimension: 10ft by 12ft Present Size Opening: 10ft by 12ft Condition: Partially Collapsed Depth of Opening: 9 ft Depth to Plug: 9 ft Depth to Bedrock: N/A Shape of Opening: Irregular Surface Material: Coal Waste Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite material in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work

Feature ID: BG17 (Bid Item 4.0, Additional)

Excavated Dimension: 7ft by 9ft Eroded Dimension: 7ft by 9ft Present Size Opening: 7ft by 9ft Condition: Partially Collapsed Depth of Opening: 11 ft Depth to Plug: 9 ft Depth to Bedrock: N/A Shape of Opening: Irregular Surface Material: Coal Waste Drainage Present: No Closure Method: Machine Backfill

Work Description: Pull back top soil and set aside to cover backfill. Machine backfill with onsite material in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009). When backfill is complete, replace top soil.

Rockfill is not required.

Feature ID: BG18 (Bid Item 4.0, Additional) Type of Feature: Subsidence Feature

Excavated Dimension: 7ft by 9ft Eroded Dimension: 7ft by 9ft Present Size Opening: 7ft by 9ft Condition: Partially Collapsed Depth of Opening: 11 ft Depth to Plug: 9 ft Depth to Bedrock: N/A Shape of Opening: Irregular Surface Material: Coal Waste Drainage Present: No Closure Method: Machine Backfill

Work Description: There are three (3) open holes in a large subsiding trench. Excavate the group of open holes and pull back top soil to set aside to cover backfill. Machine backfill with onsite material in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work

Feature ID: BG19 (Bid Item 4.0, Additional)

Excavated Dimension: 7ft by 9ft Eroded Dimension: 7ft by 9ft Present Size Opening: 7ft by 9ft Condition: Partially Collapsed Depth of Opening: 11 ft Depth to Plug: 9 ft Depth to Bedrock: N/A Shape of Opening: Irregular Surface Material: Coal Waste Drainage Present: No Closure Method: Machine Backfill

Work Description: Excavate grouping of six (6) small holes and pull back top soil to set aside to cover backfill. Machine backfill with onsite material in accordance with Shaft Backfill Closure specifications (Section 2.0, Standard Work Specifications, General Bid Specifications, 2009).

When backfill is complete, replace top soil. Rockfill is not required.

ADDITIONAL ITEMS

There are included on the Bid Schedule, several additional Bid Items. These Items are NOT guaranteed, and will be used only in the event that conditions significantly differ from that anticipated, and only after approval by the PROJECT MANAGER.

The additional Items for this project include:

ITEM 5.0 ADDITIONAL COMMON FILL

Supply and install twenty (20) cubic yards of imported common fill, per specifications, if required.

Measurement and Payment

Measurement for payment shall be made of the actual unit quantities provided and installed according to specification, at the unit cost indicated on the Bid Schedule.

ITEM 6.0 ADDITIONAL MACHINE TIME

Ten (10) hours of CAT 315 Hydraulic Excavator or equivalent, with operator, per specification 19.0 of the General Bid Specifications, 2009.

Measurement and Payment

Measurement for payment shall be made per hour, prorated to the nearest quarter hour for the actual unit quantities provided according to specification in Section 19.0 of the General Bid Specifications, 2009.

REVEGETATION REQUIREMENTS

All areas disturbed during reclamation work and any other areas specified in these Special Conditions will be revegetated according to the Revegetation Specifications in the General Bid Specifications. Commercial fertilizer or manure is required for this project. Seed will be supplied by the OWNER.

The Pinon/Juniper seed mix will be used on all areas. Costs for revegetation and tree/brush handling shall be included in each lump sum quote under ITEMS 3.0 and 4.0 for safeguarding the hazardous mine openings.

PROJECT OBSERVATION

The PROJECT MANAGER will be at the project site periodically to monitor construction activities and ensure that each work item is completed and constructed to design specifications. The PROJECT MANAGER will be available during regular business hours (8:00 A.M. to 5:00 P.M.) on weekdays. Inspections will not be scheduled on weekend days or holidays without prior approval of the PROJECT MANAGER. It is the Contractor's responsibility to schedule inspections with the Project Manager so as not to delay the work. The following items must be observed and approved by the PROJECT MANAGER before proceeding with additional work:

1. Shaft Backfill Closures – When importing backfill material is required, it must be inspected and approved by the PROJECT MANAGER prior to placement.

2. Final inspection of all reclaimed and re-seeded areas.

Colorado Division of Reclamation, Mining and Safety SPECIFIC CONDITIONS

SHEAP

As of 6/20/2012 Page 1 of 6 Pages

STANDARD WORK SPECIFICATIONS

SAFETY, HEALTH, & ENVIRONMENTAL ACTION PLAN RESPONSE ITEMS

The following is a summary list of items that must be addressed in writing by the CONTRACTOR. All items that are checked ( ) apply to the work to be performed and must be addressed in a written plan. Each employee is to read and sign the plan as part of the project orientation prior to starting work on the project.

A. SITE ACCESS

No person may enter the job site without first receiving hazard training from CONTRACTOR’S safety representative. X

CONTRACTOR employees are required to travel to and from their work areas by designated routes. X

All CONTRACTOR equipment is subject to a safety inspection before entering the job site. X

B. PART 48 TRAINING REQUIREMENTS

Each CONTRACTOR employee shall receive orientation training, provided by the CONTRACTOR, comprised of all aspects of the contract's Safety, Health and Environmental Action Plan (SHEAP).

X

C. SUBSTANCE ABUSE SCREENING

Alcohol and drugs are not allowed on the job site. X

D. PROACTIVE SAFETY

The CONTRACTOR shall designate one person to be the safety representative responsible for safety and health at the work site. X

The CONTRACTOR shall conduct safety meetings at least weekly. X All safety meetings shall be documented and include the date, subject matter, trainer and all participants signatures. X

Daily pre-job safety talks shall be given by the CONTRACTOR. X Any change in the daily work plan shall be communicated by the CONTRACTOR to all affected personnel. X

The CONTRACTOR shall conduct daily work area inspections. X These inspections shall be documented in an approved book. N/A

E. GENERAL SAFETY STANDARDS

Horseplay will not be tolerated. X Safety glasses, steel toe boots and hard hats are required to be worn at all times. This equipment must meet ANSI standards. X

Safety glasses and a face shield or goggles are required when performing any work that generates or could generate flying debris or when this type of work is being performed.

X

As of 6/20/2012 Page 2 of 6 Pages

Trenches and other excavations more than three feet deep must be properly shored or laid back to a 3:1 slope before personnel are allowed to enter.

X

Procedures for night work shall be established and adequate illumination shall be provided. N/A

During drilling and underground work, a recently calibrated multi gas tester with audible alarm (measuring O2 , CO, H2S) shall be used at all times. A record shall be kept of tests.

N/A

An MSHA 40 hour underground mine safety training certificate, or a current Underground Miner training certificate, is required for each employee working underground.

X

Self-rescuers must be worn during underground work. X Rubber boots or waders shall be provided for each employee working in wet conditions. N/A

Temperature sensors shall be provided at work locations. N/A Other safety requirements

F. ACCIDENT REPORTING

All accidents and injuries must be immediately reported to the Colorado Division of Reclamation, Mining and Safety project manager. X

The CONTRACTOR shall investigate all such occurrences and develop an action plan to prevent their recurrence. X

All investigations shall be documented. X

G. FIRST AID

First aid kits meeting MSHA (CFR 75.1713-7 or 77.1707) requirements shall be maintained in a sanitary condition and placed at all work sites. X

H. COMMUNICATIONS

All work areas shall have a method to communicate with other personnel at all time. Personnel will never be allowed to work alone without a secure means of communication and periodic checks by another party.

X

All communications will be positive in nature. A response is required. X Provide an equipment spotter equipped with a radio. N/A

I. EQUIPMENT OPERATION

Seatbelts shall be used at all times. X Equipment always has the right-of-way. X Safe parking procedures (chock blocks, etc.) shall be used at all times. X All lights, horns, brakes, wipers, back-up alarms and other safety equipment shall be fully operational at all times. X

As of 6/20/2012 Page 3 of 6 Pages

Each piece of equipment shall have at least one portable fire extinguisher. X

All mobile equipment, with the exception of pickup trucks with unrestricted rear view, will be equipped with…