STATE OF COLORADO BID

Project Name: Little Gypsum Mine Safety Closure Project Bid Number: 2017 - 0293 Fund: OSM (611E); BLM (SWD1) Pre-Bid Meeting Date: June 27, 2017 Time: 10:00 A.M.

Bid Submittal Date: July 12, 2017 Time: 4:00 P.M.

Bid Opening Date: July 13, 2017 ______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 __73 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.

Little Gypsum Mine Safety Closure Project

2017 - 0293

Bid Schedule

ITEM

DESCRIPTION

QTY

UNIT

UNIT

PRICE

FUNDING

AMOUNT

A. Pre-Qualification 1 Job N/A N/A N/A

1.

Mobilization/

Demobilization 1 Job N/A

OSM

2. Project SHEAP 1 Job N/A

3. Revegetation 1 Job N/A

4.

Install Mine Safety Closures 1 Job N/A

BLM $___________________

5.

Additional Excavator

Time * 16 Hours $______/hr

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

* Bid Item 5 is NOT GUARANTEED

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 Page(s)

Item 4 - Install Mine Closures:

Feature

ID

Feature Type

Closure Methods

Bid Amount

County

Funding

3040 A1 Adit/Decline Backfill

San Miguel BLM

3040 S1 Shaft Backfill or Grate Circle preferred option

San Miguel BLM

3041 S1 Shaft Polyurethane Foam

San Miguel BLM

3045 A1 Adit Backfill

Montrose BLM

3045 A2 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

3045 V1 Vent shaft Grate

Montrose BLM

3048 P1 Prospect Adit Backfill and PUF

San Miguel BLM

416 A1 Adit/Decline Grated Corrugated Steel Pipe

San Miguel BLM

416 A2 Adit/Decline Backfill

San Miguel BLM

416 A3 Adit/Decline Backfill

San Miguel BLM

450 A1 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

451 A1 Adit/Decline Backfill

Montrose BLM

452 A1 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

454 A1 Adit/Decline Backfill

Montrose BLM

455 A1 Adit Grated Corrugated Steel Pipe

Montrose BLM

455 A2 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

455 A3 Adit Backfill

Montrose BLM

456 A1 Adit Grated Corrugated Steel Pipe

Montrose BLM

458 A1 Adit Cable Net

Montrose BLM

458 P1 Prospect Adit Backfill

Montrose BLM

458 P2 Prospect Adit Backfill

Montrose BLM

458 S1 Shaft Grated Corrugated Steel Pipe

Montrose BLM

459 A1 Adit Backfill

Montrose BLM

DO NOT AMEND ANY PART OF THIS BID SCHEDULE

459 A2 Adit Grated Adit

Montrose BLM

460 A1 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

460 A2 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

461 A1 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

461 A2 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

SUB1

Subsidence Feature

Polyurethane Foam

Montrose BLM

SUB2

Subsidence Feature

Polyurethane Foam

Montrose BLM

462 A1 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

462 V1 Vent shaft Grate

Montrose BLM

463 A1 Adit/Decline Backfill

Montrose BLM

463 A2 Adit/Decline Backfill

Montrose BLM

464 A1 Adit/Decline Backfill

Montrose BLM

465 A1 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

465 A2 Adit/Decline Grated Adit

Montrose BLM

929 A1 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

929 A2 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

929 A3 Adit/Decline Grated Corrugated Steel Pipe

Montrose BLM

956 A1 Adit/Decline Grated Corrugated Steel Pipe

San Miguel BLM

956 A2 Prospect Pit Grated Corrugated Steel Pipe

San Miguel BLM

956 A3 Adit/Decline Grated Corrugated Steel Pipe

San Miguel BLM

TOTAL (Enter here and on Pg 1 of Bid Schedule, Item 4) $__________________

Page 3 of 3 Page(s)

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

Little Gypsum Mine Safety Closure Project

2017 - 0293

PROJECT LOCATION

The project is located in Little Gypsum Valley approximately 45 miles from Naturita, Colorado.

Please see the attached maps.

WORK SUMMARY

The project work will include safeguarding 35 adits, 5 shafts, 1 prospect pit and 2 subsidence features. Closure methods will include corrugated steel pipes, bulkheads, wire rope nets, grates and backfills. Bat grates will be required on many of the grated openings. The uranium mine closure Safety, Health and Environmental Action Plan requirements will be applied.

The project area is located in dry, remote locations on public property managed by the U.S. Bureau of Land Management (BLM). Some of the closures are foot access only due to their location along cliff lines or lack of access roads. Equipment traffic will be limited to existing roads and two tracks and will require approval of BLM and Project Manager prior to equipment access. Dangerous rock overhangs and fractured rock are located at many of the mine openings.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held in the vacant lot between the Naturita Sales Gas Station and Blondies Café at 150 W. Main St., Naturita, Colorado on Tuesday, June 27, 2017 at 10:00 a.m. NOTE: The project area is approximately a 1 1/2-hour drive from the pre-bid meeting location. Hiking up to ½ mile and walking along rocky uneven ground will be required.

Due to the extended driving time and the number of features in the project, plan on the pre-bid to last between 4-8 hours.

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.

SPECIAL REQUIREMENTS

A responsive bid must meet the following minimum qualifications and must provide documentation to support the requirements:

• Previous work on two or more mine safety closure projects. This must be documented with references or contract paperwork.

• Previously conducted one or more mine closure projects in steep, rugged conditions with rockfall and other physical hazards present at the dangerous openings. This must be documented with references or contract paperwork.

The list of qualifications and references must be received with the Bid Package to be considered a responsive bid. See Bid Item A

BID SUBMITTAL

The Deadline for all bids to be submitted is no later than 4:00 p.m. on Wednesday, July 12, 2017.

Bids must be submitted and will only be accepted as sealed bids in single copy for the work described in this bid document and 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. Bids may ONLY be mailed, hand delivered, or sent via Fed-Ex, UPS, or other courier service. Faxed or emailed bids will NOT be accepted. Due to VSS Issues, the system is temporarily unable to accept bids electronically.

A responsive bid must include the following, properly completed:

• Bid Form

• Bid Schedule

• Bid Bond

• List of Equipment

• Prequalification

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 Thursday, July 13, 2017 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 September 18, 2017 and November 30, 2017.

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

NOTE: Big game winter habitat restrictions do not allow ground disturbing activities beginning December 1, all work must be completed prior to this date. All bat friendly closures must be completed by November 15 to minimize disturbance of bat activity.

TIME OF COMPLETION

The time of completion allowed for the project is 73 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, Bureau of Land Management through CFDA 15.236.

Additional funds include 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) and 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

The project work will include safeguarding 35 adits, 5 shafts, 1 prospect pit and 2 subsidence features. Closure methods will include corrugated steel pipes, bulkheads, wire rope nets, grates and backfills. Bat grates will be required on many of the grated openings. The uranium mine closure Safety, Health and Environmental Action Plan requirements will be applied.

The project area is located in dry, remote locations on public property managed by the U.S. Bureau of Land Management (BLM). Some of the closures are foot access only due to their location along cliff lines or lack of access roads. Equipment traffic will be limited to existing roads and two tracks and will require approval of BLM and Project Manager prior to equipment access. Dangerous rock overhangs and fractured rock are located at many of the mine openings.

Bid Item 1.0 MOBILIZATION/DEMOBILIZATION

Mobilization/Demobilization shall include the cost of moving equipment and supplies into the project site, and removal of the remaining supplies and equipment at the completion of the project.

CONTRACTOR shall also operate and maintain the equipment and supplies throughout the period of construction. All applicable equipment and supplies, such as sanitation facilities, shall fully comply with all rules and regulations, see Section 1 of the General Bid Specifications 2009.

All project access will take place on Montrose and San Miguel County roads, the CONTRACTOR will notify Bobby Reeder supervisor of the Montrose County West End Road and Bridge Department (970) 864-7608 and Ryan Righetti, San Miguel County Road and Bridge supervisor at 970-327-4835 for notification and inquire about the need any required permits. The PROJECT

MANAGER must be notified of the County Road and Bridge Departments determination before any work may commence on the project. Upon completion of the project work under this Contract, CONTRACTOR shall remove from the work site all rubbish, unused materials, and shall fill and dress all disturbances made for convenience, and leave all areas in good order and condition, subject to approval by the PROJECT MANAGER.

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.

Measurement and Payment

There will be no measurement for payment. Payment for this Task will be reflected in a lump sum bid under Bid Item 1 on the Bid Schedule. 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.

Bid Item 2.0: PROJECT SAFETY, HEALTH AND ENVIROMENTAL ACTION PLAN

(SHEAP)

The project involves work in and around inactive radioactive uranium mine features and hazards and mine waste piles. It is the responsibility of the CONTRACTOR to be aware of all OSHA regulations which apply to this contract. The attached uranium mine closure Safety, Health and Environmental Action Plan requirements will be applied.

In the event fire restrictions are in place on U.S. Bureau of Land Management properties at the time of construction – All applicable restrictions and practices prohibited in the field will apply unless fire conditions change. PROJECT MANAGER will notify CONTRACTOR if conditions warrant any restrictions.

This task includes all the CONTRACTOR’S 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 understand their responsibilities and the responsibilities of the CONTRACTOR to ensure a safe and injury free work place.

CONTRACTOR shall provide site workers with DOE or MSHA approved Personal Protective Equipment as outlined in the SHEAP, including respirators and dosimeters and will monitor exposure limits as defined in the SHEAP documentation. The PROJECT MANAGER can provide additional information as requested.

The Project Safety Plan and signature page must be submitted to:

Jeff Litteral P.O. Box 2058

Ridgway, Co 81432

FAX (970) 626-4045

jeff.litteral@state.co.us

At a minimum, the plan MUST provide specific, detailed responses to the attached list of safety concerns that are likely to present themselves during the course of Project completion and address the additional Uranium Work Safety Procedures. 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) in order to address the safety concern. Additional decontamination procedures concerning prevention of spreading White Nose Syndrome (WNS) to bat populations are included in the SHEAP requirements.

Measurement and Payment

There will be no measurement for payment. Payment for this Task will be reflected in a lump sum bid under Bid Item 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.

Bid Item 3.0: REVEGETATION REQUIREMENTS

All areas disturbed by reclamation work and any other areas specified by the PROJECT MANAGER will be revegetated and paid for in accordance with the revegetation specifications, Standard Work Specification 20, in the 2009 General Bid Specifications. Approximately one (1.0) acre will need to be revegetated. Areas disturbed include: all access roads and two-racks, all cut and fill areas, equipment and supply loading and staging areas.

Triton® Richlawn Organic fertilizer 3-6-3 or approved equivalent is required for this project and along with certified weed free mulch will be supplied by CONTRACTOR. Soil amendments MUST be pre-approved by the PROJECT MANAGER, prior to revegetation. Seed will be supplied by OWNER. Revegetation will be required to commence immediately after completion of surface disturbing activities.

On sites where equipment can operate, the seedbed shall be adequately loosened (four to six inches (4" to 6") deep) and roughened. Chiseling, discing, harrowing or cultipacking may be required.

Work shall be done on the contour where practicable.

On sites where equipment cannot operate, the seedbed shall be hand raked or otherwise prepared by hand by scarifying to a minimum depth of one inch (1") to provide a roughened surface so that seed will stay in place and be covered with soil. A combination of the Zone 2: Low-Elevation Shrub and Zone 3: Pinyon-Juniper will be used as directed and provided by the PROJECT MANAGER.

NOTE: The project area is defined by the U.S. Bureau of Land Management as containing fragile soils including biologic soil crusts (BSC). The CONTRACTOR will make every effort to limit disturbance to fragile soils by:

1. Limiting the area of surface disturbance

2. Using existing roads and two tracks and

3. Requiring that equipment follow same tracks of travel

Measurement and Payment

There will be no measurement for payment. Payment for this Task will be reflected in a lump sum bid under Item 3.0 on the Bid Schedule. The bid prices must be sufficient to cover all costs, direct and incidental, for all tasks to complete the revegetation requirements. Invoices are to be accompanied by Daily Job Logs summarizing the work included in the invoice. Payment shall be made as this Task is completed and approved by PROJECT MANAGER.

Bid Item 4.0: SAFEGUARD HAZARDOUS MINE OPENINGS

The following is a list of mine features included in this project that will be funded by OSM.

Closure of hazardous mine features shall include all costs associated with the work of closing the following mine features as specified in the 2009 General Bid Specifications and all applicable regulations. All work will be completed in compliance with the 2009 General Bid Specifications, unless otherwise stated. Please note, revegetation will not be included in the prices for the mine closures in Item 4. Revegetation will be completed and paid for as specified in Bid Item 3.

NOTE: When required, such as for all backfills and bulkheads, a Bat Exclosure will be constructed prior to closing a feature. A Bat Exclosure is a means of deterring bats from using the mines for roosting. Construct a Bat Exclosure by placing half-inch polypropylene structural-grade bird netting across the mine opening, from the top of the mine to six inches (6”) above the floor or bottom of the mine opening for a minimum of three days and nights prior to the start of mine safeguarding construction. Exclusion should not be done from June through mid-August, as flightless young may be trapped and die in the roost, causing severe odor problems.

For all Wire Rope Netting:

Strapping (¼” X 2”) MUST be used as an anchor for the wire rope netting, rather than using pins as described in Standard Work Specification 16. The cable will be laced through the strapping, which will be secured to the surrounding rock. All loose ends of netting will be required to be threaded through the 2” strapping and/or trimmed to remove excess netting.

Strapping will be secured to the rock by driving Number 6 (3/4”) rebar a minimum of 8 inches on twelve (12) inch spacing unless rock conditions require greater spacing, but in no case more than eighteen (18) inches center to center. The exception will be on the mine floor for the bottom strapping, which must be anchored every twelve (12) inches into competent rock. If the floor of the entry is not competent rock, the base of the strapping is to be anchored to a twelve inch (12") wide, poured concrete footing, twelve inches (12") deep, across the entire width of the adit which shall incorporate Number 6 rebar anchors on one foot (1') centers. If competent rock is greater than three feet (3') below grade, the bottom of the footing shall be placed a minimum of three feet (3') below grade.

List of Mine Features to be safeguarded

Feature ID: 3040 A1 Type of Feature: Adit/Decline

Excavated Dimension: 5ft by 4ft Present Size Opening: 5ft by 4ft Mine Dump Volume: 25.00 cuyds Condition: Open Lining: Rock + Timber Depth of Opening: 30 ft Depth to Bedrock: 1 ft Shape of Opening: square Surface Material: colluvium, waste rock Access Deterrent: two track crosses eroded wash Closure Method: Backfill Work Description: Backfill per General Conditions 2009, Standard Work Specification (SWS) 2. Poor bat habitat, bat exclosure required.

Feature ID: 3040 S1 Type of Feature: Shaft

Excavated Dimension: 7ft by 7ft Present Size Opening: 7ft by 7ft Mine Dump Volume: 100.00 cuyds Condition: Intact Lining: Timber Depth of Opening: 50 ft Depth to Plug: 2 ft Depth to Bedrock: 2 ft Shape of Opening: square Surface Material: colluvium, waste rock Access Deterrent: two track crosses eroded wash Closure Method: Backfill or Grate Work Description: Entry previously boarded over, board removed for 3’X2’ opening.

Remove timber frame and decking to allow backfill materials to enter shaft. Backfill (limited waste rockfill available) per SWS 2 or install steel grated shaft with spread footers per SWS 8 and Standard Drawing 4. Contractors option: Circle preferred option on Bid Schedule. Marginal bat habitat/exclusion required.

Feature ID: 3041 S1

Excavated Dimension: 4ft by 6ft Present Size Opening: 4ft by 6ft Mine Dump Volume: 100.00 cuyds Condition: Intact Lining: Timber Depth of Opening: >50 ft Depth to Bedrock: 10+ ft Shape of Opening: rectangular Surface Material: colluvium, waste rock Access Deterrent: cross private property to access BLM Closure Method: Polyurethane Foam Work Description: PUF per SWS 8 and Standard Drawing 4 or install steel grated shaft per SWS 8 and Standard Drawing 4. Place bottom form at a depth of fifteen feet, estimated 6 cubic yards of PUF required. No equipment access, limited waste rock. Possible winze at bottom of shaft. Marginal bat habitat/exclusion required.

Feature ID: 3045 A1 Type of Feature: Adit

Excavated Dimension: 4ft by 6ft Present Size Opening: 3ft by 8ft Mine Dump Volume: 30.00 cuyds Condition: Open Lining: Rock Depth of Opening: 40 ft Depth to Bedrock: 0 ft Shape of Opening: rectangular Surface Material: waste rock, colluvium Closure Method: Backfill Work Description: Backfill per SWS 2. Poor bat habitat/exclusion required.

Feature ID: 3045 A2

Excavated Dimension: 8ft by 9ft Present Size Opening: 8ft by 9ft Mine Dump Volume: 450.00 cuyds Condition: Intact Lining: Rock Depth of Opening: >50 ft Depth to Bedrock: 0 ft Shape of Opening: rectangular Surface Material: waste rock, rock fall Drainage Present: Yes Drainage Defined: storm water entering mine Closure Method: Grated Corrugated Steel Pipe Work Description: CSP per SWS 10 and Standard Drawing 5 with bat grate using SWS 13 and Standard Drawing 6 sheet 2. Two feet of grouted rock or PUF will be required around CSP at mine face to prevent surface backfill from entering decline. Divert surface runoff from entering decline. Marginal bat habitat.

Feature ID: 3045 V1 Type of Feature: Vent shaft

Excavated Dimension: 1.5ft by 1.5ft Present Size Opening: 1.5ft by 1.5ft Condition: Intact Lining: Rock Depth of Opening: >50 ft Depth to Bedrock: 0.5 ft Shape of Opening: round Surface Material: colluvium Closure Method: Grate Work Description: Install 24" steel grate with concrete footer 12" W X 6" D per SWS 8, Drawing 4.

Feature ID: 3048 P1 Type of Feature: Prospect Adit

Excavated Dimension: 4ft by 8ft Present Size Opening: 4ft by 8ft Mine Dump Volume: 150.00 cuyds Condition: Intact Lining: Rock + Timber Depth of Opening: 20 ft Depth to Bedrock: 0 ft Shape of Opening: rectangular Surface Material: waste rock Access Deterrent: cross private property to access BLM Closure Method: Backfill and PUF Work Description: Backfill adit entry per SWS 2. Close the two vertical openings that daylight into adit, one 4L X 8W and one 10W X 5L separated by rock bridge in mine roof with PUF per SWS 9. Estimated amount of PUF required is 8 cubic yards, place bottom form on top of rock bridge. Limited equipment access and limited waste rock. Poor bat habitat/exclusion required.

Feature ID: 416 A1

Excavated Dimension: 6ft by 6ft Present Size Opening: 10ft by 10ft Mine Dump Volume: 3,700.00 cuyds Condition: Partially Collapsed Lining: Rock + Timber Depth of Opening: >100 ft Depth to Bedrock: 3 ft Shape of Opening: square Surface Material: rockfall, colluvium Closure Method: Grated Corrugated Steel Pipe Work Description: CSP per SWS 10 and Standard Drawing 5 with bat grate using SWS 13 and Standard Drawing 6 sheet 2. Two feet of grouted rock or PUF will be required around CSP at mine face to prevent surface backfill from entering decline. Adit accessed via highly erodible ‘slot’ 30H X 70L X 25 W, remove timbering at entry.

Feature ID: 416 A2

Excavated Dimension: 4ft by 4ft Present Size Opening: 4ft by 4ft Mine Dump Volume: 3700 cuyds Condition: Collapsed Lining: Rock Depth of Opening: unknown ft Depth to Bedrock: 4 ft Shape of Opening: collapsed Surface Material: colluvium, rockfall Closure Method: Backfill Work Description: Feature has filled in with soil/rockfall from highwall above the entrance. Excavate loose materials and backfill according to SWS 2.

Feature ID: 416 A3 Type of Feature: Adit/Decline

Excavated Dimension: 4ft by 6ft Present Size Opening: 2ft by 2ft Mine Dump Volume: 200.00 cuyds Condition: Partially Collapsed Lining: Rock Depth of Opening: >100 ft Depth to Bedrock: 2 ft Shape of Opening: square Surface Material: rockfall Access Deterrent: BLM, some private in area but N of site Closure Method: Backfill Work Description: Mine opening in 'slot' 50L X 20W X 20D, partially collapsed, excavate opening and backfill per SWS 2.

Feature ID: 450 A1

Excavated Dimension: 6ft by 8ft Present Size Opening: 6ft by 8ft Mine Dump Volume: 3,700.00 cuyds Condition: Partially Collapsed Lining: Timber Depth of Opening: >100 ft Depth to Bedrock: 20 ft Shape of Opening: rectangular Surface Material: colluvium Closure Method: Grated Corrugated Steel Pipe Work Description: Steep decline, partially eroded/collapsed at face behind partially collapsed timber frames. CSP per SWS 10 and Standard Drawing 5 with bat grate using SWS 13 and Standard Drawing 6 sheet 2. Two feet of grouted rock or PUF will be required around CSP at mine face to prevent surface backfill from entering decline. Archaeological significance - use large conical waste dump north of hole.

Feature ID: 451 A1

Excavated Dimension: 4ft by 5ft Eroded Dimension: 2ft by 3ft Present Size Opening: 2ft by 3ft Mine Dump Volume: 1,000.00 cuyds Condition: Partially Collapsed Lining: Rock Depth of Opening: unknown ft Depth to Plug: ft Depth to Bedrock: 10 ft Shape of Opening: round Surface Material: rockfall, colluvium Drainage Present: No

Access Deterrent: none BLM Closure Method: Backfill Work Description: Mine opening in pit with highwall, partially collapsed, excavate opening and backfill per SWS 2. No bat habitat/exclusion required.

Feature ID: 452 A1 Type of Feature: Adit/Decline

Excavated Dimension: 8ft by 8ft Present Size Opening: 3ft by 8ft Mine Dump Volume: 3,700.00 cuyds Condition: Partially Collapsed Lining: Rock + Timber Depth of Opening: >100 ft Depth to Bedrock: 1 ft Shape of Opening: rectangular Surface Material: rockfall Closure Method: Corrugated Steel Pipe Work Description: Entry filled with soil/rockfall from highwall, excavate and install CSP per SWS 10 and Standard Drawing 5 with bat grate using SWS 13 and Standard Drawing 6 sheet 2.

Two feet of grouted rock or PUF will be required around CSP at mine face to prevent surface backfill from entering decline. Do not use main waste rock pile, use waste rock from borrow area.

Feature ID: 454 A1 Type of Feature: Adit/Decline

Excavated Dimension: 7ft by 7ft Present Size Opening: 7ft by 7ft Mine Dump Volume: 125.00 cuyds Condition: Open Lining: Rock + Timber Depth of Opening: >50 ft Depth to Bedrock: 1 ft Shape of Opening: square Surface Material: rockfall

Work Description: Backfill per SWS 2, marginal bat habitat/exclusion required.

Feature ID: 455 A1

Excavated Dimension: 7ft by 7ft Present Size Opening: 7ft by 7ft Mine Dump Volume: 400.00 cuyds Condition: Intact Lining: Rock + Timber Depth of Opening: >50 ft Depth to Bedrock: 0 ft Shape of Opening: square Surface Material: rockfall Closure Method: Grated Corrugated Steel Pipe Work Description: CSP per SWS 10 and Standard Drawing 5 with bat grate using SWS 13 and Standard Drawing 6 sheet 2. Two feet of grouted rock or PUF will be required around CSP at mine face to prevent surface backfill from entering decline.

Feature ID: 455 A2

Excavated Dimension: 7ft by 7ft Present Size Opening: 7ft by 7ft Mine Dump Volume: 400.00 cuyds Condition: Intact Lining: Rock + Timber Depth of Opening: >50 ft Depth to Bedrock: 0 ft Shape of Opening: square Surface Material: rockfall Closure Method: Grated Corrugated Steel Pipe Work Description: CSP per SWS 10 and Standard Drawing 5 with bat grate using SWS 13 and Standard Drawing 6 sheet 2. Two feet of grouted rock or PUF will be required around CSP at mine face to prevent surface backfill from entering decline.

Feature ID: 455 A3

Excavated Dimension: 5ft by 5ft Present Size Opening: 1ft by 1ft Mine Dump Volume: 300.00 cuyds Condition: Collapsed Lining: Rock Depth of Opening: unk ft Depth to Bedrock: 0 ft Shape of Opening: round Surface Material: rockfall Closure Method: Backfill Work Description: Entry filled with soil/rockfall from pit highwall, excavate opening and backfill per SWS 2.

Feature ID: 456 A1

Excavated Dimension: 7ft by 7ft Present Size Opening: 7ft by…