As of 04/29/2019

INVITATION FOR BID Lone Pine Pit Closure Phase One IFB1

PHAA 2019*0205

1.0 SPECIAL CONDITIONS

This section provides a general overview and administrative information related to this Invitation for Bid (IFB) or (“solicitation”).

1.1 ISSUING OFFICE

This IFB is issued by the State of Colorado, Department of Natural Resources (DNR), on behalf of the Colorado Oil and Gas Conservation Commission (COGCC or “Owner”). All contact regarding this solicitation must be directed to the DNR Purchasing Officer:

Colorado Department of Natural Resources Purchasing Office, Attn: Robert Mitchell 1313 Sherman Street, Room 423 Denver, CO 80203 Phone: (303) 866-3292 Extension 8631 Email: robert.mitchell@state.co.us

1.2 OBJECTIVE

The purpose of this solicitation is to obtain competitive quotations from prospective firms (or “Bidders”) to provide oil and gas related site services for the COGCC at oil and gas locations 11 miles west of the Town of Walden in Jackson County.

1.3 SCHEDULE OF ACTIVITIES

Activity Date Time (MST)

Pre-Bid Meeting Registration Deadline 05/13/2019 16:00

Mandatory Pre-Bid Meeting at Project Location

05/15/2019 13:00

Written Questions Due 05/17/2019 16:00

Answers posted on Colorado VSS 05/21/2019 12:00

Bid Submission Deadline

05/24/2019 15:00

Bid Opening 05/28/2019 1500

Project Award (estimate) within 1 week after Bid Opening mailto:robert.mitchell@state.co.us

Lone Pine Pit Closure Phase One

IFB PHAA 2019*0205

Page 2 of17

Project Start Date within 10 days after Notice to Proceed

Project Completion Date within 90 days after Notice to Proceed

1.4 MANDATORY PRE-BID MEETING

A Pre-Bid Meeting will be held at field entrance gate, north side of field along CR 16, as show on the Pre-bid location and project Location Map at the date and time shown in Section 1.3 to provide a project overview and to tour the Project Location(s). A map to the Pre-Bid Meeting location and the Project Location(s) is provided with this Invitation for Bid. To register, please contact the COGCC Project Manager, Stan Spencer, at (970) 987-2891, by the date and time shown in Section 1.3. See also Section 1.5 below.

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 may be cause for rejection of a bid.

Notwithstanding any remarks or clarifications given at the Pre-Bid Meeting, all Terms and Conditions of the Contract Documents remain unchanged unless they are corrected or clarified by written amendment issued by the Purchasing Officer. If the answers to questions or any amendments to the Contract Documents create ambiguities, it is the responsibility of the Bidder to seek clarification in accordance with Section 1.6 below, and prior to submitting a bid.

1.5 PRE-BID MEETING REGISTRATION DEADLINE

To register for the pre-bid meeting, please contact the COGCC Project Manager, Stan Spencer, at (970) 987-2891 by the date and time shown in Section 1.3. Pre-Bid Meetings without adequate pre-registered attendance may be cancelled. Please leave relevant contact information in your voicemail registration in case of this eventuality.

1.6 WRITTEN INQUIRIES AND AMENDMENTS

Written inquiries may be submitted via email to the Purchasing Officer identified in Section 1.1 as a Portable Document Format (“PDF”) or Microsoft Word file attachment by the date and time specified in Section 1.3. Inquiries must include the solicitation number, IFB1 PHAA 2019*0205, in the subject line of the email. Inquiries to COGCC staff will not be accepted, and inquiries sent by fax will not be accepted.

In the event it is necessary to revise any portion of this solicitation, addenda will be posted on the Colorado VSS website (Section 1.8), along with the answers to written inquiries no later than the date noted in Section 1.3.

Page 3 of17

1.7 BID SUBMISSION

All bids must be received by the Purchasing Officer, identified in Section 1.1, by the date and time shown in Section 1.3. It is the responsibility of the Bidder to ensure that their bid is received in the Procurement Office prior to the deadline. Late bids will not be considered unless they are deemed acceptable per Procurement Rule R-24-103-202b-07 as determined by the Purchasing Director of the issuing Department.

1.71 Sealed Bid Format [for IFBs >= $150,000.00]

Sealed bids in single copy for the work described herein must be submitted.

1. Sealed Paper Bids: One (1) original copy, printed on 8-½” by 11” paper.

Use recycled paper, as much as possible. . Bidders mailing proposals should allow ample delivery time to ensure receipt of their proposals.

2. Fax Submittals: WILL NOT BE ACCEPTED

3. Email submittals WILL NOT BE ACCEPTED.

1.72 Sealed Bid Opening [for IFBs >= $150,000.00]

Bids will be publicly opened at the DNR Purchasing Office shown in Section 1.1 at the “Bid Submission Deadline and Bid Opening” date and time shown in Section 1.3. All bids must be time-stamped before the date and time specified in Section 1.3.

1. All bid openings are open to the public and bidders are welcome to attend and record the bid results. A summary tabulation of the Bid results will be posted on the VSS website after the project is awarded. Upon receipt of an email request from a bidder with the Bid Number in the email subject line, the DNR Purchasing Officer will reply with a copy of the Bid results. Telephone requests cannot be honored because of time constraints.

1.73 Responsive Bids [IFBs]

To be considered “responsive,” bids must include all of the following, properly completed:

1. Bid Form: Bids shall be submitted on the bid form (or “Bid Schedule”) 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.

Page 4 of17

2. Bid Bond: A bid bond is required for all bids over $150,000.00. 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.

3. Performance and Payment Bonds: *ARE REQUIRED for bids over $150,000.00* 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.

4. Rate Schedule: Bidder’s Equipment, Personnel, Special Services and

Materials Rate Schedule Free on Board (FOB) (“Rate Schedule”) at the Project Location(s). Bidder-formatted Rate Schedules must include, but may not be limited to, the bid items shown on the attached COGCC-formatted Rate Schedule.

5. List of Equipment Offered Form: (COGCC format provided with this Invitation for Bid or Bidder’s equivalent equipment list will be accepted), meeting the requirements specified below:

● All equipment to be used on the project must be listed. The Bidder must own, have a current lease for the equipment intended to be used to perform the work, or must furnish a statement of

Page 5 of17 arrangements to rent, or otherwise procure, adequate equipment to perform the work. Inclusion of a piece of equipment on the List of Equipment Offered or an equivalent Bidder-formatted equipment list represents a commitment to devote that piece of equipment to the project work for the entire duration of the project. If several bidders propose to join together to perform the work under this contract, equipment owned or controlled by each should be listed and the Principal Representative identified.

6. SDVOSB certification, if claiming this preference: Service Disabled

Veteran Owned Small Business (SDVOSB) documentation of certification issued through the U.S. Department of Veterans Affairs, if applicable.

1.8 COLORADO VENDOR SELF-SERVICE (VSS) WEBSITE

This solicitation is published using Colorado’s, www.colorado.gov/vss. Solicitation documents and information (including any amendments or modifications) will be updated with revisions on this site.

Vendor Recommendations:

● It is preferred that all vendors be registered on Vendor Self-Service (VSS)

● VSS and its registration information can be found at: www.colorado.gov/vss.

NOTE: Vendors needing assistance with the VSS System can contact the Colorado VSS help Desk at 303-866-6464, or by emailing VSSHelp@state.co.us.

1.9 PROJECT FUNDING

This project is funded by Bond Claims or the Plugging and Reclaiming Orphan Wells (PROW) line item of the COGCC’s Oil and Gas Conservation and Emergency Response Fund.

1.10 AMERICANS WITH DISABILITIES ACT

All programs, services and activities of the Department of Natural Resources, 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 423, Denver, CO 80203.

2.0 BID EVALUATION PROCESS AND AWARD

Requirements for timely, Responsive Bids are described in Section 1.7. Written Notice of Award will be made with reasonable promptness to the low responsive and responsible bidder whose bid meets the requirements and criteria set forth in this solicitation.

2.1 EVALUATION PROCESS

All bids will receive fair and equal treatment. Evaluation criteria will include, but not be limited to the following:

http://www.colorado.gov/vss http://www.colorado.gov/vss mailto:VSSHelp@state.co.us

Page 6 of17

1. The lowest GRAND TOTAL PRICE on the Bid Schedule, corrected if necessary for errors in price extension and/or addition. In the case of mathematical discrepancies, the unit price shall govern. The GRAND TOTAL PRICE will be used for comparing bids only.

2. The Project Manager’s evaluation of the adequacy of the Bidder's equipment shown on the List of Equipment Offered to complete the work required in this solicitation.

(Pass/Fail criterion)

2.2 RESIDENT BIDDER PREFERENCE

When a contract for commodities or services is to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident. A resident bidder is authorized to transact business in the State of Colorado, maintains a place of business in Colorado and pays unemployment compensation taxes.

2.3 SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSBs)

PREFERENCE

SDVOSBs, who are incorporated or organized in Colorado or maintain a place of business or have an office in Colorado and who are officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of Veterans Affairs (www.vip.vetbiz.gov), may receive a 5% preference on their bid. This preference applies only to the price, and the SDVOSBs must still meet all other qualifications required in the bid. Bid submissions without this documentation will not be given a preference.

3.0 CONTRACT AND DOCUMENTATION REQUIREMENTS

3.1 EXECUTION OF DOCUMENTS

Within seven (7) business days of Notice of Award, the successful Bidder(s), hereafter called “Contractor,” will provide the State with a Certificate of Insurance, W-9, and an Electronic Funds Transfer (EFT) form. Vendors may request an exemption from using EFTs.

[For IFBs] A State Contract will be issued. See the DNR General Conditions of the Contract attachment for all insurance requirements.

The Contract will include all documents associated with the bid, including the following attachments to this Invitation for Bid:

1. Bid Schedule (COGCC format provided with this solicitations)

2. Rate Schedule, Bidders Equipment, Personnel, Special Services , Material rate, Schedule free on Board (FOB) (“Rate Schedule”) at the project location(s). Bidder-formatted rate schedules must include, but may not be limited to, the bid items shown on the attached COGCC-formatted Rate Schedule.

Page 7 of17

3. List of Equipment Offered Form (COGCC format provided with this IFB or Bidder’s equivalent equipment list will be accepted)

4. SDVOSB certification, if clamming this preference. Service Disabled Veteran Owned Small Business (SDVOSB) documentation of certification issued through the U.S.

Department of Veterans Affairs.

5. Bonds, if required by DNR Purchasing (Bid Bond, Performance and Payment Bond)

6. General Conditions of the Contract

7. Special Provisions

If the maximum amount payable to Contractor is $150,000.00 or greater, either on the Effective Date of the Notice of Award, or at anytime thereafter, the Contractor will be required to enter into a formal contract with the State. The DNR Purchasing Office must receive the following, as required by Articles 2-5 of the General Conditions within fourteen (14) days of the notice to award:

(a) Executed Agreement;

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

Attorney;

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

Endorsement;

(d) Contractor’s proposed procedure to meet the Performance Requirements shown in

Section 4.0 and the General Work Specifications shown in Section 5.0

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

If the above documents are not submitted properly within fourteen (14) days of Notice of Award, the COGCC, in coordination with the DNR Purchasing Office, may elect to award the contract to the next lowest bidder. Bidders are advised to keep close contact with the DNR Purchasing Office during this period.

3.2 LIQUIDATED DAMAGES

The liquidated damages for this project will be $500.00 per day. Please see General Conditions, Article 34.

3.3 RETAINAGE

If the bid amount is $150,000.00 or over, five percent (5%) retainage will be withheld until the project has been satisfactorily completed and advertised for final settlement.

3.4 STATEWIDE CONTRACT MANAGEMENT SYSTEM

If the maximum amount payable to Contractor under this Contract is $100,000.00 or greater, either on the Effective Date or at anytime thereafter, this section shall apply. Contractor agrees to be governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of contract performance information in the State’s contract management system (“Contract Management System” or “CMS”). Contractor’s performance shall be subject to evaluation and

Page 8 of17 review in accordance with the terms and conditions of this Contract, Colorado statutes governing CMS, and State Fiscal Rules and State Controller policies.

3.5 PROJECT DURATION

The Contractor shall prosecute the work diligently, complete the work and have equipment removed from the Project Locations, as described in this solicitation, no later than the Project Completion Date shown in Section 1.3. The time stated for completion shall include Contractor Cleanup of the Project Location(s), subject to final inspection by the Project Manager.

3.6 PROJECT OBSERVATION

The Project Manager or his/her representative will be at the Project Location(s) to observe the Contractor’s work. The Project Manager will be available during daylight hours on weekdays.

The Project Manager’s consent and prior approval is required for any weekend or holiday work.

3.7 DAILY JOB LOGS

Quantities will be measured in the field by the Contractor and verified by the Project Manager.

The Contractor’s daily job logs shall include accurate records of the daily work progress with the following minimum information:

1. The Contractor’s company name, COGCC’s project name, and the date of the field work

2. COGCC Location ID and COGCC Remediation ID number for any work performed

3. A list by Company name of all Subcontractors working on the Project Location

4. A summary of the work completed

5. A list of major equipment used to complete the work

6. A hourly tally for total time on the Project Location

7. A hourly tall for Standby time related to work delays that are directed by the Project

Manager or Owner

8. An hourly tally for Standby time related to Contractors equipment repairs or maintenance, breakdowns, and accidents, and

9. Contractor’s superintendent signature.

The Contractor’s original daily job logs, field notes, computations, and other records used for measuring quantities shall be furnished to the Project Manager at the end of each working day or the following working day. Project Manager will review and verify work and quantities shown on the daily job logs to the extent necessary in determining the proper amount of payments due to the Contractor. The Contractor shall retain a copy of the daily job logs, original notes, computations, and records furnished to the Project Manager.

3.8 INVOICES

The Contractor shall submit separate Invoice(s) for each Project Location or Well on a monthly basis to the Project Manager for review and approval. Payment will be made for actual quantities at the lump sum or unit prices listed on the Bid Schedule, only when approved and verified by the Project Manager. Payment at the bid prices shall constitute full compensation for all of the Contractor’s cost, including Subcontractor costs and markup for completion of the work.

Page 9 of17

3.9 CHANGE ORDERS

“Bid Documents” include all solicitation attachments, including a COGCC-approved Form 6 - Notice of Intent to Abandon (“Form 6”) and Wellbore Diagrams for all wells included in this solicitation. Change Orders must be in writing and will be considered by the Project Manager prior to commencing work that is outside the scope specified in the Bid Documents or for quantities in excess of those shown in the Bid Documents. In addition, in accordance with the intent of COGCC Rule 317.e. (1) A.; Prior written approval is required before commencing any changes to the casing or cement in the wellbore. Changes Orders will only be approved if needed to meet the objectives of the COGCC Rules referenced in this solicitation. Unit costs listed on the Contractor’s Rate Schedule or Bid Schedule submitted with the Contractor’s bid will be considered by the Project Manager when authorizing Change Orders.

Wellbore conditions that may prompt a Change Order include but are not limited to: bradenhead pressure, stuck or parted rods, stuck or parted tubing, tight spots in the casing, collapsed casing, holes in casing, or other conditions not shown on the Form 6 or existing conditions shown on the “Current” wellbore diagram that would require hot oil work, fishing, milling, cased-hole logging, open-hole logging, snubbing, drilling out fill, or drilling new formation to allow for placement of plugs at the proposed depths shown on the Form 6 or the “Proposed” wellbore diagram. Annular cement in intervals where it is not expected or an absence of annular cement in intervals where it was previously reported (and shown on the Form 6 or the “Proposed” wellbore diagram) may also require additional work.

The Contractor must notify the Project Manager immediately upon discovering wellbore conditions that differ from existing conditions shown on the Form 6 or existing conditions shown on the “Current” wellbore diagram. The Contractor must also notify the Project Manager if wellbore conditions are encountered, as described above, that would prevent the use of or depth of the specific plugs shown on the Form 6 or the “Proposed” wellbore diagram. The Contractor must stop work for consideration and approval of changes unless work stoppage would result in an emergency situation, such as a loss of well control that endangers life or property. Wellbore fluids shall be in a static state before suspending well operations.

3.10 SUSPENSION OR TERMINATION OF WORK

The Project Manager may suspend or terminate work for any or all Well(s) shown in this solicitation based on wellbore conditions observed during the work, if the wellbore conditions are significantly different than the expected wellbore conditions shown on the Form 6(s) and Current wellbore diagram(s). The Project Manager will direct the Contractor to prepare the Well(s) for suspension or termination of work, such that the Well(s) are left in a controlled condition for Temporary Abandonment: wellbore fluids shall be in a static state, downhole plug(s) shall be set if needed to control flow from the well, and the well shall be closed to the atmosphere with a swedge and valve or packer, or other approved method in accordance with COGCC Rule 319.b.(1).

If the work is terminated before completing the full scope of work in the Bid Documents, then the Contractor’s payment will be based on actual quantities of work completed, based on percent

Page 10 of17 complete for bid items or Time and Materials, considering the Contractor’s Rate Schedule and Not to Exceed unit bid amounts adjusted for any written Change Orders approved prior to termination of the work.

4.0 PROJECT LOCATION AND SCOPE OF WORK

The Project is located in Jackson County. Six pits on Project Location were formerly operated by CM Production, LLC, as shown on the attached Project Location List, Site Drawing(s), and Slide Presentation with Project Location Photos. One of the pits was previously excavated. “Bid Documents” include all solicitation attachments.

This project involves treatment/recycling and offsite disposal of liquid wastes including free-phase petroleum and contaminated water from five of the pits. When the pits have been emptied of fluids, excavation, treatment/recycling and offsite disposal of petroleum contaminated soil from the pits will take place. When remaining onsite petroleum concentrations comply with COGCC Table 910-1, the pits will be backfilled with a combination of soil recycled on site and clean imported fill. The COGCC has funds to close five (5) produced water pits, one (1) special purpose pit/former overflow treater pit, and treat approximately 6,800 cubic yards (CY) of impacted material that was excavated from the special purpose pit and a produced water pit.

Remediation Specifications – Implement a comprehensive remediation plan that addresses the closure of five (5) produced water pits (Pit Facility ID Nos. 112265, 112266, 112267, 112268, and 112269), one (1) special purpose pit/former overflow treater pit (Pit Facility ID No. 115241) to Table 910-1 constituent concentrations (500 milligrams per kilogram [mg/kg] TPH measured as Diesel-Range Organics or “DRO”) as determined by COGCC confirmation sampling. Waste material is estimated at 1,400 BBL (BBL) of liquid waste in the pits to be removed for offsite disposal, 4,000 CY of petroleum contaminated soil to be excavated from the 5 pits, and 6,800 CY of stockpiled soil to be treated.

COGCC estimates that approximately 50 percent of the soil to be excavated (2,000 CY) will be heavily contaminated (exceeding 5,000 mg/kg TPH) and require offsite disposal. The remaining 2,000 CY will be added to the existing onsite stockpile for treatment along with approximately 50 percent or 3,400 CY of the 6,800 CY of impacted material that was previously excavated for a total of 5,400 CY to be treated. Treated materials may be used for backfill upon demonstration that treatment meets Table 910-1 concentrations for TPH.

The following is specifically excluded from this Scope of Work:

1. Submission of COGCC forms. The Project Manager or other COGCC staff will prepare and submit all COGCC forms needed for the work.

2. Global Positioning System location data will be measured by COGCC staff or others.

The Contractor will not be responsible for obtaining this data.

Page 11 of17

3. Assessment of oil and gas exploration and production (E&P) waste to the extent necessary to ensure Table 910-1 compliance for in-situ soil and groundwater remaining on location following completion of the contract scope-of-work.

4. Surface reclamation of the Project Location includes only backfilling the pits to grade.

Reclamation including contour grading, topsoil and seeding will be performed by others under separate contract.

4.1 MOBILIZATION AND DEMOBILIZATION

This specification covers the Contractor’s operations for mobilization to and demobilization from the Project Location including lodging and per diem for the duration of the project.

4.1.1 Materials

As needed for Contractor’s methods or equipment during mobilization and demobilization.

4.1.2 Execution

The Contractor is responsible for the following:

1. Hauling, unloading, assembly and preparation of the equipment to execute the work

2. Disassembly, loading, and hauling equipment between Project Location and off the final Project Location after work is complete

3. Payment of premiums for bonds and insurance acquired specifically for this project, including premiums for performance and payment bonds

4. Obtaining and acquiring any permits from local, state, and federal regulatory agencies other than the COGCC, as necessary to complete this project including 811 utility locates for any subsurface work

5. Establishing and maintaining necessary temporary facilities, including sanitation facilities and any required temporary utilities at the Project Location for the duration of the work

6. Preparatory work at the Project Location to a condition adequate for Contractor’s methods or equipment, including maintenance of access roads, and restoration of roads used or constructed by the Contractor to pre-existing or better conditions

7. Project Cleanup, including hauling and disposal of Investigative Derived Waste

(IDW), rubbish, trash, garbage, and/or debris at an approved disposal site

Page 12 of17

8. Contractor travel and per diem: Contractor shall provide for movement of personnel, equipment and supplies to and from the Project Location on a daily basis. Per Diem or incidentals for lodging and meals related to daily travel time to and from the location to a lodging location chosen by the Contractor or any travel time to and from the Contractor’s yard shall be included in unit rates on the Bid Schedule.

4.1.3 Measurement and Payment

Measurement shall be made based on 100% completion of mobilization to the Project Location and 100% completion of demobilization from the Project Location for this bid item. Contractor shall provide load tickets for hauling and disposal of IDW, rubbish, trash, garbage, and/or debris at an approved disposal site. Payment at the bid price shall constitute full compensation for all of the Contractor’s costs for this bid item.

4.2 LIQUIDS REMOVAL AND DISPOSAL FROM PITS

As required by COGCC Rule 907.a.(1), Contractor shall ensure that E&P waste generated during the work is properly stored, handled, transported, treated, recycled, or disposed to prevent threatened or actual significant adverse environmental impacts to air, water, soil or biological resources or to the extent necessary to ensure compliance with the concentration levels in COGCC Table 910-1, with consideration to Water Quality Control Commission (WQCC) ground water standards and classifications. All liquid wastes removed from the pits shall be considered E&P waste with the exception of free phase petroleum which may be separated and recycled by a licensed facility.

4.2.1 Materials

Materials as needed for Contractor’s methods or equipment for execution of the task. The Contractor shall provide the following minimum equipment, supplies, and services:

A vacuum truck(s) and auxiliaries (hoses, pumps, hand tools, etc.) capable of pumping water and oily sludge from five earthen pits up to 20 feet below grade and hauling to a licensed disposal/recycling facility.

4.2.2 Execution

Contractor is responsible for selecting a recycling/disposal site permitted by CDPHE and acceptable to the Project Manager.

Transportation of E&P Waste is governed by COGCC Rule 907.b.(1): E&P waste, when transported off-site within Colorado for treatment or disposal, shall be transported to facilities authorized by the Director or waste disposal facilities approved to receive E&P waste by the Colorado Department of Public Health and Environment. When transported to facilities outside of Colorado for treatment or disposal, E&P waste shall be transported to facilities authorized and permitted by the appropriate regulatory agency in the receiving state.

Page 13 of17

Perform the following work described below and as shown on the Site Drawings:

1. Pump up to 1,400 BBLs of water, oil and sludge from five pits until de minimis amounts of free liquids remain in the pit bottoms.

2. Transport and dispose/recycle liquids to a licensed disposal facility.

3. Provide copies of load tickets and manifests for each load transported to the

Project Manager.

4.2.3 Measurement and Payment

The Contractor shall submit daily job logs, load tickets for hauling, and disposal manifests for E&P waste to the Project Manager to verify liquid waste quantities. Liquid waste shall be measured in oilfield BBL (42 U.S. liquid gallons per barrel). Payment will be based on the total BBL of liquid waste managed, as listed on the daily job logs and load tickets and verified by the Project Manager at the bid price. Payment shall constitute full compensation for all of the Contractor’s costs for liquid waste management.

4.3 EXCAVATE, HAUL AND DISPOSE CONTAMINATED SOIL (>5000 mg/kg TPH) As shown on the attached Site Drawings, and as specified in COGCC Rule 905. CLOSURE

OF PITS, AND BURIED OR PARTIALLY BURIED PRODUCED WATER VESSELS.

4.3.1 Materials

1. A track hoe(s) or other equipment capable of excavating contaminated soils to at least 20 feet below grade

2. A front end loader(s) capable of moving and loading contaminated soils

3. A sufficient number of dump trucks to haul contaminated soils to the offsite licensed disposal site and allow continuous excavation of pits throughout daily working hours. Contractor is responsible for selecting a disposal site permitted by CDPHE and acceptable to COGCC.

4.3.2 Execution

Perform the following work described below and as shown on the Site Drawings:

1. Complete CO 811 One Call requirements prior to any excavation

Page 14 of17

2. Excavate ramps into the pits as needed to provide heavy equipment access (track hoe) to any areas of the pit not accessible from the top of the embankment.

3. Remove and dispose offsite of up to 2000 CY of heavily contaminated soil

(>5000mg/kg TPH) as delineated by the Project Manager.

4.3.3 Measurement and Payment

The Contractor shall submit daily job logs, load tickets for hauling, and disposal manifests for E&P solid waste to the Project Manager to verify solid waste quantities.

Solid waste shall be measured in cubic yards as determined by truckloads of contaminated soil. Payment will be based on the cubic yards of solid waste managed, as listed on the daily job logs and load tickets and verified by the Project Manager at the bid price. Payment shall constitute full compensation for all of the Contractor’s costs for this bid item.

4.4 EXCAVATE AND STOCKPILE CONTAMINATED SOIL (<5000 mg/kg TPH)

Contractor shall excavate and stockpile contaminated soil with lower concentrations of petroleum but above the values in Table 910-1 as an addition to an existing soil stockpile located approximately in the middle between the six pits, as shown on the attached Site Drawings.

4.4.1 Materials

1. A track hoe(s) or other equipment capable of excavating contaminated soils to at least 20 feet below grade

2. A front end loader(s) capable of moving and loading contaminated soils

3. A sufficient number of dump trucks to haul contaminated soils to the onsite stockpile and allow continuous excavation of pits throughout daily working hours.

4.4.2 Execution

Perform the following work at the Location shown on the Site Drawings: Remove and stockpile onsite less contaminated (<5000mg/kg TPH) until TPH concentrations as the bottom of the pit are <500mg/kg as delineated by the Project Manager or not to exceed 2000 cubic yards.

Transportation of E&P Waste is governed by COGCC Rule 907.b.(1): E&P waste, when transported off-site within Colorado for treatment or disposal, shall be transported to facilities authorized by the Director or waste disposal facilities approved to receive E&P waste by the Colorado Department of Public Health and Environment. When transported to facilities outside of Colorado for treatment or disposal, E&P waste shall be transported

Page 15 of17 to facilities authorized and permitted by the appropriate regulatory agency in the receiving state.

4.4.3 Measurement and Payment

The Contractor shall submit daily job logs submitted to the Project Manager to verify solid waste quantities. Solid waste shall be measured in cubic yards as determined by loader bucket loads, truckloads or measurement of the contaminated soil stockpile.

Payment will be based on the cubic yards of solid waste managed, as listed on the daily job logs and verified by the Project Manager at the bid price. Payment shall constitute full compensation for all of the Contractor’s costs for this bid item.

4.5 BACKFILL PITS WITH IMPORTED FILL

The Contractor shall backfill pits shown on the attached Site Drawings to the extent possible with imported clean fill not to exceed a total of 13,000 cubic yards.

4.5.1 Materials

Imported fill soil shall be from a commercial pit or stockpile approved by the Project Manager. Fill shall be clean and free of debris and deleterious materials. Material quantities for this lump sum bid item are provided on the Bid Schedule.

4.5.2 Execution

Backfill will be placed and machine compacted using the same heavy equipment (track hoe, loader or dozer) used to fill and grade the pits. Pits will be filled to one foot above grade sufficient to account for subsequent settlement to grade. Material quantities for this lump sum bid item are provided on the Bid Schedule as a Not to Exceed volume.

4.5.3 Measurement and Payment

The Contractor shall submit daily job logs, load tickets for hauling and tipping of imported fill. Clean fill shall be measured in cubic yards as determined by truckloads of imported fill soil. Payment will be based on the cubic yards of fill imported, tipped, graded and compacted as listed on the daily job logs and load tickets and verified by the Project Manager at the bid price. Payment shall constitute full compensation for all of the Contractor’s costs for this bid item.

4.6 REMEDIATE CONTAMINATED SOILS ON LOCATION

Contractor shall remediate contaminated soil (E&P solid waste) stockpiled on location by chemical oxidation or other equivalent method acceptable to the Project Manager. The process shall be designed to achieve rapid compliance with the COGCC Table 910-1 standard of less than 500 mg/kg of TPH. The COGCC will conduct sampling and analysis during the work to ensure that Table 910-1 standards are attained. All soils above 910-1 standards shall be considered E&P solid waste until compliance is achieved, at which point soils will be recycled for beneficial re-use as onsite backfill.

Page 16 of17

4.6.1 Materials

Contractor shall provide the following minimum equipment, supplies, and services: All equipment, chemicals/additives/water necessary to treat up to 5,400 CY of contaminated soil stockpiled on location to Table 910-1 compliance for TPH of 500 mg/kg measured as DRO. Materials to be treated include approximately 2,000 CY of soil to be excavated (see Task 4.4 above) and approximately 50 percent of the existing 6,800 CY stockpile which currently exceeds Table 910-1.

4.6.2 Execution

The Contractor shall provide a means to treat E&P solid waste on the Project Location to achieve Table 910-1 compliance. Mechanical components or containment for the treatment process shall be designed such that the E&P waste shall not leach to groundwater, native soils, or drain to surface water.

4.6.3 Measurement and Payment

Treated waste shall be measured in cubic yards as determined by loader bucket loads, truckloads or measurement of the remediated soil stockpile. Payment will be based on the cubic yards of contaminated soils processed through the treatment system, as listed on the daily job logs and verified by the Project Manager at the bid price. Payment shall constitute full compensation for all of the Contractor’s costs for this bid item.

4.7 BACKFILL PITS WITH ONSITE TREATED FILL

The Contractor shall backfill pits shown on the attached Site Drawings to the extent possible with recycled soil stockpiled on location, not to exceed a total of 8,800 cubic yards.

4.7.1 Materials

Not to exceed 8,800 cubic yards of Table 910-1 compliant soil stockpiled on the Project Location.

4.7.2 Execution

Backfill will be transport from the clean onsite soil stockpile to each pit. Backfill will be placed and machine compacted using the same heavy equipment (track hoe, loader or dozer) used to fill and grade the pits. Pits will be filled to one foot above grade sufficient to account for subsequent settlement to grade (surrounding ground surface level).

Material quantities for this lump sum bid item are provided on the Bid Schedule as a Not to Exceed volume.

4.7.3 Measurement and Payment

Onsite backfill (treated soil) shall be measured in cubic yards as determined by loader bucket loads, truckloads or measurement of the length, width and depth of the lifts placed into the pits. Payment will be based on the total cubic yards of soil moved from the stockpile to the pits, machine compacted and graded as listed on the daily job logs and

Page 17 of17 verified by the Project Manager at the bid price. Payment shall constitute full compensation for all of the Contractor's costs for this bid item.