Lancaster Project.pdf

STATE OF COLORADO BID

Project Name: Lancaster Project Bid Number: PKA-16-771

Fund: Severance Tax; WRNF1LM Pre-Bid Meeting Date: Thurs., June 30, 2016 Time: 10:00 am Bid Submittal Date: Mon., July 18, 2016 Time: 4:00 pm Bid Opening Date: Tues., July 19, 2016 Time: 10:00 am______

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 47 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.

Lancaster Project

Bid Schedule

PKA-16-771

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 2 Page(s)

TASK DESCRIPTION QTY UNIT UNIT PRICE AMOUNT FUNDING

1.

Mobilization/ Demobilization 1 Job N/A

USFS/

Sev. Tax

2. Project Safety Plan 1 Job N/A

Sev. Tax

3. Sediment Controls N/A N/A N/A

N/A

3.1 Install Ertec S-Fence 1,015 Feet $__________/ft

3.2 Install Straw Wattles 1,200 Feet $__________/ft

4. Pulverized Limestone 120 Tons $_________/ton

5. Compost N/A N/A N/A

5.1

Climax Mine Compost*

NOT GUARANTEED 300

Cubic Yards $__________/cy

5.2

High Country Compost*

NOT GUARANTEED 300

Cubic Yards $__________/cy

Sev. Tax

6. Debris Removal 50 Tons $_________/ton

7. Construct Rock Berms N/A N/A N/A

7.1 Lower Rock Berm 1 Job N/A

7.2 Upper Rock Berm 1 Job N/A

8.

Consolidate Lower Dump 1 Job N/A

Sev. Tax

9.

Incorporate Amendments 1 Job N/A

Sev. Tax

10.

Final Grade* NOT GUARANTEED 1.5 Acres $__________/ac

Bid Schedule

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 2 of 2 Page(s)

TASK DESCRIPTION QTY UNIT UNIT PRICE AMOUNT FUNDING

11. Ditches and Channels N/A N/A N/A

11.1 Construct Ditches 800 Feet $__________/ft

USFS/

Sev. Tax

11.2 Soil Retention Blanket 260

Square Yards $__________/sy

Sev. Tax

12. Revegetation 1.5 Acres $__________/ac

USFS/

Sev. Tax

13.

Cement* NOT GUARANTEED 140 Sacks $________/sack

Sev. Tax

14.

Add’l. Excavator Time * NOT GUARANTEED 20 Hours $__________/hr

Sev. Tax

15.

Additional Limestone* NOT GUARANTEED 25 Tons $ ________/ton

GRAND TOTAL $_______________________

* Bid Tasks 5.1, 5.2, 10, 13, 14 and 15 are NOT GUARANTEED

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

PROJECT LOCATION

The project is located on the west slope of Collier Mountain, approximately 0.25 to 0.75 miles northeast of the Town of Montezuma in Summit County Colorado. Please see the attached map.

WORK SUMMARY

The project work will include construction of a rock containment berm, consolidation of wet and saturated mine waste above the berm, routing of mine drainage to the natural gulch, in-situ mine waste treatment with amendments, mixing of mine waste with specified amendments, site grading, revegetation, and installation of storm water controls.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held at 10:00 a.m. on Thursday, June 30, 2016 at the Peru Creek Trailhead parking area, just north of the town of Montezuma. See attached map for pre-bid location.

From Dillon, follow US6 east to Keystone. At the eastern end of Keystone, turn right onto Montezuma Road, and follow for approximately 4.5 mile. Pull off in the parking lot on your left labeled Peru Creek, (intersection of Montezuma Road and County Road 260).

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.

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 Monday, July 18, 2016.

All bids need to be submitted electronically via Colorado Vendor Self Service (ColoradoVSS) https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService, or 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.

https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

Vendors: Please Note that Attachments in VSS can only be 2 MB each with a total of 10 MB.

A responsive bid must include the following, properly completed:

• Bid Form

• Bid Schedule

• 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 opening date for this project is Tuesday, July 19, 2016 (day after Bid Submittal) at 10:00 am.

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 August 29, 2016 and October 14, 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 47 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 Agriculture, US Forest Service through CFDA 10.693 and by Severance Tax collected by the State of Colorado.

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

[This section shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Contractor hereunder is $100,000 or higher]

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

This project involves reclamation of the lower, middle, and upper mine waste rock dumps of the Lancaster Mine complex. The waste rock is acidic and contaminated with heavy metals.

Reclamation will include relocating and consolidation of wet and saturated waste rock in the lower dump, and mixing the upper twelve inches (12") of waste rock with pulverized limestone (CaCO3) and compost at all three dumps. Mine drainage will be routed to the natural gulch at the lower and middle mine locations, and all three locations will be seeded and mulched.

Project Tasks include:

Task 1 Mobilization/Demobilization Task 2 Health and Safety Plan Task 3 Sediment Controls Task 4 Purchase and Deliver Pulverized Limestone Task 5 Deliver Compost – NOT GUARANTEED Task 6 Removal of Building and Structure Debris Task 7 Construct Rock Berms at Lower and Upper Waste Dumps Task 8 Consolidate Waste Rock at Lower Mine Dump Task 9 Incorporate Amendments into Mine Waste Task 10 Final Grade – NOT GUARANTEED Task 11 Construct Diversion Ditches and Channels Task 12 Revegetation Task 13 Incorporate Cement into Wet Waste Rock – NOT GUARANTEED Task 14 Additional Excavator Time – NOT GUARANTEED Task 15 Additional Pulverized Limestone – NOT GUARANTEED

TASK 1.0 MOBILIZATION/DEMOBILIZATION

Mobilization/Demobilization will include the cost of cleaning equipment (see Noxious Weeds below), moving equipment and supplies into the project site, improvement and rebuilding of roads, reclaiming roads to their pre-construction condition, placement of large boulders to prevent vehicle access into reclaimed areas, and removal of the remaining supplies and equipment at the completion of the project.

A portable toilet will be required on the site throughout the period of this project and will be provided at the sole expense of the CONTRACTOR.

NOXIOUS WEEDS

In an attempt to mitigate the rampant spread of noxious weeds from one area to another, there will be a mandatory inspection of all equipment to be used during the course of construction at the project site. Prior to inspection, it is the responsibility of the Contractor to employ whatever cleaning methods are necessary to ensure that all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Equipment shall be considered clean when a visual inspection determines the equipment free of such material. The CONTRACTOR will be required to notify the PROJECT MANAGER in advance of mobilizing equipment on site to arrange for inspection. Disassembly of equipment components will not be required.

Contractor MUST comply with the following provisions during performance of this Project:

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

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

Upon completion of the work under this Contract, the CONTRACTOR shall remove all temporary facilities, temporary infrastructure and equipment. The CONTRACTOR shall remove from the work site all rubbish, unused materials, and leave all areas in good order and condition, subject to the approval of the PROJECT MANAGER.

Measurement and Payment Measurement and payment for Mobilization/Demobilization will be conducted and paid in accordance with the General Bid Specifications Section 1.0. Invoices are to be accompanied by Daily Job Logs summarizing the work included in the invoice.

TASK 2.0 PROJECT SAFETY, HEALTH, AND ENVIRONMENTAL ACTION PLAN (SHEAP)

The job will involve working at high altitude on steep slopes and around inactive mine features and hazards, and it is the responsibility of the CONTRACTOR to be aware of all OSHA regulations that 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:

Allen Sorenson Division of Reclamation, Mining and Safety 1313 Sherman St., Room 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.

1. Driver safety (use of seat belts, observation of speed limits, securing tools and materials, ATV Safety, vehicle maintenance);

2. Use of personal safety equipment on the job site appropriate for the materials to be applied (hard hats, hard toe foot wear, work gloves, safety glasses, hearing protection, high visibility clothing, dust masks/respirators;

3. Provision of first aid kit for each work crew

4. Fuel storage and handling;

5. Methods of safely transporting and securing tools, equipment and supplies;

6. Fire prevention and safety, extinguishers;

7. Accident prevention and safety when operating hand operated power tools;

8. Accident prevention and safety when operating motorized equipment;

9. Fall prevention for all work conducted where a fall hazard exists;

10. Traffic safety for Morgan Gulch Road;

11. Daily safety meetings.

In addition to the above described items:

A. The CONTRACTOR must include health and safety protocols for handling mine waste contaminated by heavy metals. These protocols must include, but are not limited to wearing a respirator in dusty conditions, washing hands and face prior to eating or drinking, using lids for all beverages.

B. The CONTRACTOR must include health and safety protocols for handling pulverized limestone, cement, and their containers/sacks. Pulverized limestone and cement dust can irritate eyes, skin, and nasal passages. Therefore, protocols must include, but are not limited to wearing a respirator, gloves, and eye protection.

Upon receipt of Project Safety Plan, OWNER will either accept the plan, or request that more detailed be provided.

CONTRACTOR and their employees or sub-contractors are expected to follow the Project Safety Plan during performance of every component of the Project. If the PROJECT MANAGER determines the Project Safety Plan is not being followed, either in whole or in part, the Project may be immediately suspended, without stopping the job clock, until such time as the Project Safety Plan is implemented.

NOTE that the PROJECT MANAGER may suspend the work, either wholly or in part, for such period or periods as he / she may deem necessary, due to unsafe work practices. The job clock will NOT be stopped in such a circumstance.

The Project Safety Plan must be provided to the work crew members in the language in which they are most readily able to comprehend.

The CONTRACTOR must provide a signature block similar to the one below that each employee can sign to verify that they have read and understand the safety aspects of the project, and accept the provisions of the SHEAP.

The above information was reviewed, received, and understood.

Contractor Representative:

Signature Date

Employee:

Signature Date

Measurement and Payment There will be no measurement for payment. Payment for this Task will be reflected in a lump sum bid under Task 2 on the Bid Schedule. This lump sum bid will cover all costs for developing and implementing the Project Safety Plan, 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 Task and of the Project Safety Plan. Payment shall be made as this Task is completed and approved by Project Manager. Payment for this Task will be made only on the final (before retainage) invoice.

TASK 3.0 SEDIMENT CONTROLS

Construction activities associated with the Lancaster Project have the potential to create sediment run-off from certain portions of the project area. Best Management Practices (BMPS’s) will be implemented to contain any sediment generated during earth moving and revegetation activities.

Erosion control BMP’s to be implemented include Ertec S-Fence or equivalent along excavation boundaries and at the toe of all slopes being disturbed by construction. Erosion control will also be used above any depression or swale where sediment laden water could migrate off-site. Following final grading and revegetation preparation of the reclaimed areas, straw wattles will be placed perpendicular to the slope (along contour) every fifty feet (50') along the slopes of the site.

CONTRACTOR will provide and properly install Ertec S-Fence and straw wattles at the direction of the PROJECT MANAGER.

Task 3.1 Install Ertec S-Fence

ERTEC 10” S-Fence (or Equivalent) Specifications

Perimeter Sediment Control– alternative to silt fence – non-traffic Sediment Control

GUIDE SPECIFICATION

PRODUCT:

S-Fence™

MANUFACTURER/LOCAL REPRESENTATIVE:

Chris Liller

ERTEC ENVIRONMENTAL SYSTEMS

Montrose, Colorado Regional Manager CO, WY, UT www.cliller@ertecsystems.com www.ertecsystems.com 970-596-8928 970-417-4720

1.0 Description:

mailto:www.cliller@ertecsystems.com http://www.ertecsystems.com/

Sediment Control System for non-traffic areas with concentrated flows shall conform to the details shown on the plans and these special provisions and shall be installed around the perimeter of areas with disturbed soil. The intended function of the Sediment Control System is to disperse or spread concentrated water runoff, to reduce runoff velocities and minimize the off-site flow of sediment. An estimated 1,015 linear feet of S-Fence™ will be used for this project. (225 linear feet – upper site, 250 linear feet – middle site, 540 linear feet – lower site).

2.0 Material:

Sediment Control System for non-traffic perimeters. Provide, sediment control device as shown on the plans.

A. Size. Furnish “I” shaped sediment control device with a height of 10 inches, or as shown on the plans. Each segment shall be 7 feet long and have minimum vertical freeboard of at least 10” (7” installed) and is installed around construction sites with disturbed soil or at the base of slopes.

B. Apparent Opening Size. Sediment Control System shall contain a filter fabric such that the AOS is between 200 and 250 microns. The Percentage Open Area should be greater than 20%.

C. Structure. Furnish Sediment Control System manufactured from recycled content (minimum 90% HDPE) non-biodegradable materials which are UV Stable for at least 4 years. The system shall comprise semi-rigid, overlapping layers of thermally extruded, apertured polymeric high density polyethylene (HDPE) sheets, and one or more integrated filter sheets.

The system shall be durable, such that it can be used for many subsequent jobs. The Sediment Control System shall have an integrated filter fabric. The system shall be recyclable at the end of life. The system shall also conform to the following:

Specification Requirements Height, inches, min. 10 Mass per Unit Weight, (pounds/foot) (maximum – wet or dry)

0.35

Tensile Yield ASTM D-638 (lb/in2) 1800 – 2800 Ultimate Tensile Strength: ASTM D-638 (lb/in2) 2000 – 2800

Specification Requirements Filter Average Opening Size (AOS) (ASTM D 4751) , microns

Ultraviolet stability (outer jacket & filter), percent tensile strength retained after 500 hours, min. ASTM Designation: D 4355

San Diego State University SERL soil retention test

– 3 consecutive 10 yr storms

81%

Life in application (years - minimum) 4+ Recycled Material Content (minimum) 90% Reusable and Recyclable YES

* or appropriate test method for specific polymer

D. Product Sheet. A copy of the manufacturer’s product sheet together with instructions for installation shall be furnished to the Engineer 5 days before installation.

E. Stakes. Installations shall use #4 Rebar stakes (1/2") on the downstream side for reinforcement against high flows. Rebar stakes shall be ½" x 18". Install stakes to within 2” from the top of S-Fence. Stakes should be positioned every 80 inches along the installation

– at segment overlaps.

3.0 Installation:

Sediment control filter system shall be installed as follows:

A. A trench or slot shall be excavated at the downstream perimeter of the site or at elevation contours to a depth of at least 3 inches and at least 2 inches wide. The trench shall be cleared of obstructions including, but not limited to, rocks, clods, and debris greater than 1-inch in any dimension.

B. Install stakes on downstream side, adjacent to trench, every 80 inches.

C. Insert Sediment Control System into slot against the downstream wall of trench – then backfill remaining volume with native soil.

D. Overlap segments by at least 4 inches.

E. Stakes shall be installed 80 inches apart along the length on the downstream side of the

Sediment Control System. Stakes shall be driven 2 inches below the top of the Sediment Control System. Fasten the S-Fence to the stakes using wire or zip-ties.

F. The ends of the Sediment Control System shall be dog-legged or angled up-slope to ensure water and sediment containment.

G. Sediment Control System shall be installed before the application of other erosion control or soil stabilization materials in the same area.

ERTEC S-fence will be measured to the nearest linear foot. Payment for this task will be paid for at prices established in Task 3.1 of the Bid Schedule per linear foot installed. Such payment shall be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to the installation of the S-Fence as directed and described in the specifications.

Payment will be as this task is completed and approved by the PROJECT MANAGER. Payment for this task will be made only for the unit price shown under Task 3.1 of the Bid Schedule.

Task 3.2 Straw Wattles

Straw Wattles will be used for sediment control following the completion of earth moving operations, placed along contour, every fifty feet (50') throughout the project area. CONTRACTOR will provide and place straw wattles at the direction of the PROJECT MANAGER. An estimated 1,200 linear feet of straw wattles will be used for this project.

Acceptable straw wattles will be manufactured from rice or agricultural straw, and must be wrapped in tubular plastic netting. The netting, which must have a strand thickness of 0.03 inches, must consist of 85% high density polyethylene, 14% ethyl vinyl acetate and 1% color for ultra violet inhibition. The wattles must be a nominal nine (9) inches in diameter and a nominal twenty five

(25) feet long, with a weight of approximately thirty five (35) pounds each.

Wattles will be installed on contour in trenches that are three to five inches (3” – 5”) in depth, and nine inches (9”) wide. Wattles will be anchored in the trench by 1” x 1” by 24” stakes on four (4) foot centers. The ends of adjacent wattles must be butted one to another. Wattles must be

CERTIFIED WEED FREE.

Measurement and Payment Measurement will be by the lineal foot of straw wattles installed. PROJECT MANAGER will measure the lineal feet of straw wattles installed and accepted, and report the measured footage to CONTRACTOR. The price bid shall include all costs for labor, materials, equipment and all other items necessary for provision and installation of the straw wattles as described in these specifications. Payment will be made only for the unit price bid in Task 3.2 of the Bid Schedule, and as work is completed and accepted by PROJECT MANAGER.

TASK 4.0 PURCHASE AND DELIVER PULVERIZED LIMESTONE

This task includes purchasing pulverized limestone from a commercial source and delivering the product to the project area.

The CONTRACTOR will procure and deliver 120 Tons (120 T) of pulverized limestone to the project area. Acceptable material will be limestone (CaCO3), pass a minimum minus 60 mesh sieve (100% passes minus 60 Mesh), and be between 80% and 100% calcium carbonate equivalent (CCE) (80<%CCE<100). Lime kiln dust (CaO) will NOT be accepted.

Pulverized limestone can be procured from the Colorado Lime Company, located in Delta and Salida, CO. Other commercial sources may be acceptable, if they meet the above specifications, but must be approved by the PROJECT MANAGER prior to purchase and delivery.

Documentation of the gradation and purity of offered limestone must be provided to PROJECT MANAGER within 10 days of the Notice to Proceed.

Measurement and Payment Payment for this task will be made at the unit price established in Task 4 of the Bid Schedule.

Measurement for payment will be made per ton of pulverized limestone procured and delivered to the Lancaster Project. Payment for this task will be upon completion of delivery and upon approval of the PROJECT MANAGER. Such payment shall be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to the completion of the Bid Task as specified.

TASK 5.0 DELIVER COMPOST

Compost will be used and a mine waste amendment at the Lancaster Project. The compost will be from either/or the Climax Mine or will be High Country Compost from the Summit County landfill, as described in Tasks 5.1 and 5.2 below.

Task 5.1 Transport Climax Mine Compost - NOT GUARANTEED

Climax Molybdenum Mine produces compost for use in reclamation efforts at their site and has generously donated material, if available, to be used for the Lancaster Project. CONTRACTOR will transport three hundred cubic yards (300 CY) of Compost from the Climax Mine to the Lancaster project site. The quantity of Compost material is NOT GUARANTEED. The Climax Mine is approximately thirty seven (37) miles from the Lancaster Project site. Compost will be loaded by Climax personnel. CONTRACTOR shall supply trucks and drivers to haul the material. Climax Mine Compost weighs eight hundred to one thousand pounds per cubic yard (800 to 1000 lbs./CY).

CONTRACTOR must stop at secure checkpoints and abide by all safety rules and regulations as required by Climax Mine. Compost pickup at the Climax Mine is limited to specific days and hours, typically this is Monday through Thursday 7:00 a.m. to 3:00 p.m., but the pickup schedule is subject to change without notice.

Additional requirements of this Task 5.1 are as follows:

1. CONTRACTOR is required to attend a one-half-day (4 hour) scheduling and orientation session at the Climax Mine prior to commencement of Compost hauling.

2. All trucks must scale-in and scale-out each time a load of Compost is picked up at the Climax Mine.

3. Each truck driver that will be hauling Compost from the Climax Mine will be required to complete a one-time safety training and orientation session that may take up to two hours (2 hrs.) to complete. Training on the operation of the scales will be provided to each driver at this time.

4. It shall be noted that cellular phone service at and near the Climax Mine is limited. T-Mobile service is typically the most reliable service near the mine.

Payment for this task will be made at the unit prices established in Task 5.1 of the Bid Schedule.

Measurement for payment will be made to the nearest one cubic yard (1 CY) of Compost material transported from Climax Mine and delivered to the project site. The price bid shall include all costs for labor, materials, equipment, fuel, and all other items necessary and incidental to complete the tasks as described in Task 5.1. Payment will be made upon completion of the described task and approval by the PROJECT MANAGER. This Task 5.1 is NOT GUARANTEED.

Task 5.2 Purchase and Deliver High Country Compost - NOT GUARANTEED

In the event Climax Mine Compost material is not available in sufficient quantities (Task 5.1), alternative compost will be purchased and transported to the project from the Summit County landfill. CONTRACTOR will purchase and transport up to three hundred cubic yards (300 CY) of High Country Compost from the Summit County landfill to the Lancaster project site. The quantity of Compost material is NOT GUARANTEED. The Summit County landfill is approximately ten (10) miles from the Lancaster Project site.

Measurement and Payment Payment for this task will be made at the unit prices established in Task 5.2 of the Bid Schedule.

Measurement for payment will be made to the nearest one cubic yard (1 CY) of Compost material purchased and transported from Summit County landfill and delivered to the project site. The price bid shall include all costs for purchasing compost, labor, materials, equipment, fuel, and all other items necessary and incidental to complete the tasks as described in Task 5.2. Payment will be made upon completion of the described task and approval by the PROJECT MANAGER. This Task 5.2 is NOT GUARANTEED.

TASK 6.0 REMOVAL OF BUILDING AND STRUCURE DEBRIS

The Lower, Middle, and Upper Lancaster sites all contain building and mining debris, some of which will require removal as part of site reclamation. The PROJECT MANAGER shall designate which buildings and structures will be removed. In particular, the wooden loadout structure at the lower Lancaster will be removed. The cabin at the middle Lancaster site shall remain and will be avoided to prevent damage during reclamation operations. Any wood or other debris that is contaminated with mine waste will be disposed on-site by breaking or cutting up the contaminated debris to sizes not exceeding five feet (5’) in the longest dimension and burying and consolidating it into the mine waste dumps. Contaminated debris will be dispersed during burial operations as directed by the PROJECT MANAGER to prevent any concentrated masses of woody debris within the waste dumps.

All debris to be removed from the site will be loaded and hauled to the Summit County landfill, a twenty mile round trip from the Lancaster Project site. Up to fifty tons (50 T) of debris may be hauled to the landfill for disposal.

Measurement and Payment Payment for this task will be made at the unit prices established in Task 6 of the Bid Schedule.

Measurement for payment will be made to the nearest one Ton (1 T) of debris removed from the project site and disposed at the Summit County landfill. The price bid shall include all costs for demolition of structures, breaking, cutting and consolidation of debris, disposal of contaminated debris into the mine dumps, and loading and hauling of up to fifty tons (50 T) of debris to the Summit County landfill. The price bid will cover all costs for labor, materials, equipment, fuel, landfill disposal (“tipping”) fees, and all other items necessary and incidental to meeting the specifications of this Task. Payment shall be made as this Task is completed and approved by PROJECT MANAGER.

TASK 7.0 CONSTRUCT ROCK BERMS AT LOWER AND UPPER WASTE DUMPS

Task 7.1 Lower Waste Dump Rock Berm

A rock berm will be installed at the base of the large, steep mine waste dump at the lower Lancaster site. The purpose of the berm is to stabilize the toe of the steep waste rock slope, provide additional volume for waste rock consolidation from the waste located below the berm,…