Morning Star Mine Closure Project_Part1.pdf

STATE OF COLORADO BID

Project Name: Morning Star Mine Closure Project

Bid Number: PKA-16-761

Fund: OSM:584E; USFS:GUG3; USFS:GMUG1MS

Pre-Bid Meeting Date: May, 3, 2016 Time: 10:15 am

Bid Submittal Date: May 10, 2016 Time: 4:00 pm

Bid Opening Date: May 11, 2016 Time: 10:00 am______

To: Purchasing Agent Division of Reclamation, Mining and Safety 1313 Sherman St., Rm. 215 Denver, Colorado 80203 Total Bid $

Receipt of Addenda Nos.

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 63 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.

MORNING STAR MINE CLOSURE PROJECT

PKA-16-761

Bid Schedule

TASK

ITEM

DESCRIPTION

QTY

UNIT

UNIT PRICE

AMOUNT

FUNDING

1.

Mobilize/Demobilize

Lump Sum

N/A

OSM

2.

SHEAP

3.

Install Mine Closures – see attached schedule

SEE

ATTACHED

SCHEDULE

4.

ADDITIONAL

Equipment Hours**

Hours

$______/Hour

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

** 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 2 Page(s)

Task Item 3 - Install Mine Closures:

Feature

ID

Feature Type

Closure Method Bid Amount

County Funding

ADIT

Rock Bulkhead w/ Bat Access $

San Miguel

USFS

Rock Bulkhead $

Hand Backfill or PUF (Circle one)

Rock Bulkhead or Backfill (Circle One)

Corrugated HDPE Pipe $

Rock Bulkhead w/ Bat & Human Access

SHAFT

Grated Shaft Closure $

SHAFT

Grated Shaft Closure

TOTAL (Enter here and on Pg 1 of Bid Schedule, Item 3) $___________________________

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)

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 LOCATON

The Morning Star Mine Closure Project includes 15 hazardous mine openings located on federal lands managed by the U.S. Forest Service (USFS). The features are located in upper basins east and west of Telluride, in San Miguel County, Colorado. Please see the attached maps.

WORK SUMMARY

The Morning Star Mine Closure Project includes 15 hazardous mine openings (13 adits and 2 shafts) located on federal lands managed by the U.S. Forest Service (USFS). The features are located in upper basins east and west of Telluride, in San Miguel County, Colorado. These are abandoned hard rock gold and silver mines that operated in the late 1800’s and early 1900’s. The USFS is coordinating with the Colorado Division of Reclamation, Mining & Safety (DRMS) to ensure that impacted mine features will be properly safeguarded.

The project work will include a variety of methods to safeguard these features including grated shaft closures, backfill, native rock bulkhead and corrugated HDPE pipe closures. A majority of the site locations will require helicopter access and/or pack animals and hiking.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held at the Wilkinson Public Library “Program Room”, located at 100 W Pacific Ave (at the corner of West Pacific Avenue and Pine Street), in Telluride, CO 81435 on Tuesday, May 3, 2016 at 10:15 a.m. Please see attached Pre- Bid Meeting Location map.

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.

Bidders are cautioned that, notwithstanding any remarks or clarifications given at this meeting and site showing, all terms and conditions of the contract documents remain unchanged unless they are changed by written amendment issued by the OWNER. If the answers to questions, or any amendment to the contract documents create ambiguities, it is the responsibility of the bidder to seek clarification prior to submitting a bid.

BID SUBMITTAL

The Deadline for all bids to be submitted is no later than 4:00 p.m. on Tuesday, May 10, 2016.

All bids need to be submitted electronically via Colorado Vendor Self Service (Colorado VSS) 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.

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 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 Wednesday, May 11, 2016 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.

PROJECT DATES

The project is scheduled for construction between July 5, 2016 and September 1, 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 63 calendar days after receipt of the Notice to Proceed. This includes ten (10) days mobilization time.

LIQUIDATED DAMAGES

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

NOTICE OF AWARD AND EXECUTION OF DOCUMENTS

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

(a) Executed Agreement;

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

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

Insured Endorsement;

(d) Project schedule;

(e) AML Contractor Ownership and Control Form;

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

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

Conditions;

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

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

(j) Project Schedule

Please consult Articles 2-7 of the General Conditions.

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

THREE-WAY AGREEMENT

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

CONDITIONS AFFECTING THE WORK

In addition to examining the drawings and specifications, completion schedule, and other instructions, bidders shall visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, including average climatic conditions and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work.

PROJECT FUNDING

This project is funded by Federal grant money made available to the State of Colorado through the U.S. Department of Interior, Office of Surface Mining, Reclamation and Enforcement through Title IV of the Surface Mining Control and Reclamation Act, Public Law 95-87 (CFDA 15.252) and 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).

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.

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 this Documented Quote. The Documented Quote 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 Documented Quote. 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 WORK DESCRIPTION

The project consists of safeguarding 15 mine features, i.e., 13 adits and two (2) shafts, all located in and near Telluride, Colorado using the closure methods specified in the Colorado Division of Reclamation, Mining & Safety 2009 General Bid Specifications, as directed by PROJECT MANAGER. The attached General Conditions of the Contract and Purchase Order Terms and Conditions apply to all work.

TASK 1.0 MOBILIZATION/DEMOBILIZATION

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

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 Measurement and payment for Mobilization/Demobilization shall be conducted and paid in accordance with the General Bid Specifications Section 1.5. Invoices are to be accompanied by Daily Job Logs summarizing the work included in the invoice.

TASK 2: PROJECT SAFETY, HEALTH AND ENVIROMENTAT ACTION PLAN (SHEAP)

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

The Project Safety Plan must be submitted to:

Camille Price P.O. Box 2927 Telluride, Colorado 81435 Camille.price@state.co.us

(970) 708-7188

A. PROJECT SAFETY

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) in order to address the safety concern.

1. Driver safety (use of seat belts, observation of speed limits, securing tools and materials, 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, ventilation equipment);

3. Provision of first aid kit for each work crew

4. Fuel storage;

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

6. Fire prevention and safety;

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. Daily safety meetings.

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

B. HANTA VIRUS

Demolition of abandoned buildings involves the disruption of mice habitat, which has the potential of harboring the hanta virus. A concentrated chlorine solution (50/50 Clorox/water) is known to be effective in killing the virus. The concentrated spray should be directed at groupings of mice feces and urine areas. The CONTRACTOR is strongly advised to spray down buildings targeted for demolition prior to initiating demolition activities. Precautions against producing dust should be taken in areas where there is a high possibility of liberating hanta virus into the air.

C. WHITE-NOSE SYNDROME (WNS)

Refer to the U.S. Fish and Wildlife Service protocol below for all White-Nose Syndrome (WNS) procedures.

White-Nose Syndrome Decontamination Protocol U.S. Fish and Wildlife Service – Version 01.25.2011

I. GENERAL INFORMATION:

The US Fish and Wildlife Service (USFWS) strongly recommends, first and foremost, compliance with all cave1 closures, advisories, and regulations on all Federal, State, Tribal, and private lands.

However, where such closures are not required or recommended, the following protocol outlines the best known procedures to help reduce the transmission of the fungus Geomyces destructans (G.d.), believed to be the cause of white-nose syndrome (WNS), to important bat habitat and populations. WNS is responsible for significant bat mortality in eastern North America, and threatens bat populations across the continent.

If not properly trained and/or permitted by the appropriate government agency; then please do not handle bats. If you observe live or dead bats (multiple individuals in a single location) that may exhibit signs of WNS, contact a wildlife professional in your state wildlife agency (http://www.fws.gov/offices/statelinks.html) or contact your nearest USFWS Ecological Services Field Office (http://www.fws.gov/offices/). Researchers, contact your state or federal agency for permitting requirements.

II. RECOMMENDED DECONTAMINATION PRODUCTS:

All necessary and appropriate precautionary use, storage, and disposal information should be apparent on each of the product labels. It is critical that all researchers and biologists read and follow all label instructions provided on the products mentioned in this protocol. It would be a violation of federal law to use, store, or dispose of a regulated product in any manner not prescribed on the approved label/MSDS.

The following chemical (a minimum of 0.3% quaternary ammonium compound, unless otherwise denoted) and natural products were tested in the laboratory and determined effective for killing the conidia of Geomyces spp.:

1. Lysol® IC Quaternary Disinfectant Cleaner - (A product effective at 1:128 dilution, or 1 ounce of concentrate per gallon of water.) 2

2. Professional Lysol® Antibacterial All-purpose Cleaner (A product effective at 1:128 dilution, or 1 ounce of concentrate per gallon of water.) 2

3. Formula 409® Antibacterial All-Purpose Cleaner (Off-the-shelf concentrations as specified by label) 2

4. A 10% solution of household bleach – (A product effective at 1 part bleach to 9 parts water) 2

5. Lysol® Disinfecting Wipes (0.28 % di-methyl benzyl ammonium chloride) 2 & 3

6. Boiling in water for 15 minutes 2

III. DECONTAMINATION PROCEDURES:

BEFORE EACH CAVE VISIT: In order to effectively reduce the risk for human transfer of G.d., it is imperative that everyone follow these decontamination procedures any time you plan cave visits.

Under no circumstances should clothing, footwear or gear that was used in a WNS-affected state or region be used in a WNS-unaffected state or region. Clothing or gear that has been or is suspected of being exposed to G.d. may be reused in other WNS affected caves; however, the WNS decontamination procedures provided in this document should always be followed for items used in affected caves prior to entering another affected cave or leaving the affected state or region. Used gear that must be transported out of affected states or regions should be decontaminated, contained, and sealed prior to leaving the affected area and should not be stored or transported in close proximity with unexposed equipment. If gear cannot be decontaminated, either for safety reasons or fear that equipment may be damaged, it should not enter subsequent caves but rather be designated for use in that one specific cave. Gear should not be used in multiple caves in the same day unless the decontamination procedures below can be performed between each cave visit or the maximum distance between visited caves is less than 10 miles (see supplements for explanation).

AFTER EACH CAVE VISIT: Thoroughly scrape or brush off any dirt and mud from clothing, boots, and gear. Then place all in a sealed plastic bag or plastic container (with lid) to be cleaned and disinfected off-site. At a minimum, outer clothing should be removed prior to entering a vehicle after/between a cave visit. A clean change of clothing is recommended. Care should be exercised at all times to prevent contamination of clean clothing, equipment, and/or vehicles. To decontaminate clothing, footwear and gear, please follow all relevant procedures listed below.

A. Submersible Gear (i.e. clothing and equipment that can be submerged without damage):

Wash all clothing and any appropriate equipment in washing machine or by hand using conventional detergents in cold, warm, or hot water. Woolite® fabric wash has been found to be highly effective for this procedure. Rinse thoroughly, and then follow by soaking for a minimum of 10 minutes in one of the decontaminating products in Section II, then rinse and air dry. Please notice when boiling water is selected as the decontamination method, all gear must be submersed for 15 minutes, and then followed by air drying.

1. Footwear:

When safety permits, rubber (wellington-type) caving boots (which withstand harsh decontaminating products and are easily cleaned) are recommended. Boots need to be fully scrubbed and rinsed to remove all soil and organic material. Decontaminate rubber and leather boots, (including soles and leather uppers) with a product listed in Section II for a minimum of 10 minutes, then rinse and air dry.

2. Ropes and Harnesses:

To date, only Sterling rope and webbing have proved to sustain no damage when using the following procedure. Wash rope/webbing in a front loading washing machine on the gentle cycle using Woolite® Extra Delicates detergent. Immerse in a dilution of Lysol IC Quaternary Disinfectant Cleaner for 15 minutes. Rinse twice in clean water and air dry. Brands of rope/webbing other than Sterling have not yet been tested for integrity after decontamination. Brands not tested should be dedicated to a single cave or not used at all.

B. Non-submersible Gear (i.e. equipment that will be damaged by submersion):

Clean thoroughly with soap (i.e. Dawn® antibacterial dish soap) and water, where appropriate, and then decontaminate all equipment by applying one of the recommended chemical products (understanding certain products are tougher on surfaces than others) in Section II to the outside surface for a minimum of 10 minutes, then rinse and air dry.

1 The use of the word “cave” in this document includes natural caves, man-made mines, or any other site that may harbor G.d. spores.

2 Use of some products which contain quaternary ammonia, isopropanol, and other potentially harmful chemicals or boiling water in confined spaces needs to be approached carefully due to inhalation or contact risks of the product.

Since products/procedures may also cause damage to clothing, gear, and sensitive electronic equipment, all users should be aware of these risks prior to entering cave environments. Use of personal protective equipment to reduce contact with the product is strongly encouraged, particularly if extended contact is anticipated or as recommended by the manufacturer. Always read and follow the MSDS information and all safety/use criteria for every product used.

3 The active ingredient is considered to be at the effective concentrations known to kill the conidia of Geomyces spp.; however, the efficacy of field application remains to be demonstrated. Any equipment decontaminated with this product should be used with extra precaution until laboratory results are finalized.

1. Cameras and Electronic Equipment:

If possible, do not bring electronic equipment into a cave. If practical, cameras and other similar equipment that must be used in a cave may be placed in plastic casing (i.e. underwater camera housing) or wrapped in plastic wrap where only the lens is left unwrapped to allow for photos to be taken. The plastic casing should be decontaminated using one of the appropriate products in

Section II. The plastic wrap should be discarded after use and followed up by decontaminating the camera surface with Lysol ® Disinfecting Wipes, realizing this could damage the body of the camera.

2. Vehicles:

In addition to gear, vehicles used to transport equipment can also harbor spores. Keep vehicles as clean as possible by taking extra precautions (e.g. storing gear in clean containers, bringing a change of clothes, conducting all work outside of the vehicle once in the cave) and decontaminating storage containers along with all other clothing, gear, and misc. equipment using the appropriate decontamination products in Section II.

Colorado White-nose Syndrome Decontamination Protocol Addendum 5/31/2012

All decontamination protocols as described in the current U.S. Fish and Wildlife Service protocol will be applicable to cave and mine visits in Colorado with the inclusion of the below information from the protocol dated 1/25/2011 -

In areas of high cave density, however, circumstances may require that multiple caves be visited on the same day. Assuming that bat-to-bat transmission will likely account for the rapid spread of the fungus between caves in close proximity, and that only aspects of decontamination is going to be feasible within cave complexes visited on the same day in remote locations, the actions recommended in this protocol can be adjusted to accommodate field activities in these areas. Since limited hibernacula data show that bats easily move upwards of 10 miles in search of resources (i.e., food, mates, roost and hibernation sites) during portions of the fall, winter, and early spring, researchers should, at the very minimum, use full decontamination procedures on a daily basis and between any two caves more than 10 miles apart if surveying/monitoring multiple caves on the same day. Whenever there is a question, biologists and researchers should always choose the conservative approach of decontaminating gear, clothing, and equipment between each individual cave visited.

In Colorado, this will allow for visits to more than one site if the below stipulations have been met:

1. The sites will be visited on the same day. Decontamination should occur after each day of site visits.

2. Movement between the sites will occur by foot. If any vehicle will be used to travel between sites within the 10 mile distance limit, gear should be decontaminated or securely stored in a container before entering/mounting the vehicle (including automobile, ATV, mountain bike, horse, etc.). If the site being entered is further than 10 miles from any other site the gear or clothing has already entered, that gear/clothing should be decontaminated or changed for clean gear/clothing.

Other clarifications of procedures include:

Any item that comes in contact with contaminated gear (anything that has entered a site) will need decontamination. For example, if a backpack is put on while still wearing the coveralls/tyvex suit worn in the site, the backpack will need to be decontaminated.

Any item that will not be securely stored in a container should be decontaminated before placed in a vehicle. This includes outer clothing that has entered a site (i.e. do not get in or on a vehicle in clothing that has entered a site unless it is decontaminated). Vehicle interiors are impractical to decontaminate so should be kept clean.

D. HELICOPTER SAFETY (if applicable)

The CONTRACTOR must provide Helicopter Safety Plan to the PROJECT MANAGER, prior to the start of helicopter activities. It is anticipated that the Helicopter Safety Plan will include, but not be limited to, information regarding secured access to the site, limited personnel, personal protection for workers on the ground, and fire prevention.

Upon receipt of Project Safety Plan and Helicopter Safety Plan, OWNER will either accept the plan, or request that more details 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.

Measurement and Payment

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

TASK 3. Safeguard Hazardous Mine Openings

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, as directed by PROJECT MANAGER, and all applicable regulations, including installation and removal of Sediment Control, and revegetation.

All areas disturbed during mine closure work will have erosion control measures installed according to the Section 22, EROSION CONTROL Specifications, in the General Bid Specifications. Erosion Control measures shall consist of Erosion Bales. CONTRACTOR shall furnish all materials and install Erosion Control measures as specified in the bid document AND as directed by PROJECT

MANAGER.

All areas disturbed during construction of mine closures will be revegetated according to the Section 20, REVEGETATION Specifications in the General Bid Specification AND as specified in these Special Conditions. Costs for revegetation should be included in the individual feature costs.

Mulch Two (2) tons of certified weed free mulch per acre will be applied to the ground surface. Mulch will be provided by CONTRACTOR, and will conform to Section 20.2 of the Revegetation Specifications in the General Bid Specifications, 2009. All mulch must be certified as noxious weed-free or noxious seed-free by an authorized State or County Officer. Documentation of certification must be provided to PROJECT MANAGER prior to application of mulch. The mulch will be evenly distributed over the ground surface. Surface roughening will occur simultaneously with distribution of weed-free mulch in order to prevent loss of the mulch due to wind.

Surface Roughening As part of the revegetation effort, final grade surfaces will be roughened so that storm-water or snow melt runoff is either contained or travels so slowly that sediment is not transported from the site. Surface roughening will occur simultaneously with distribution of weed-free mulch in order to prevent loss of the mulch due to wind.

Seed will be supplied by the OWNER. The USFS-recommended seed mix will be used at all areas.

NOTE: When required, 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.

Feature ID: 1 (AKA USFS Morning Star Mine 240/4194-01-100) Type of Feature: Adit

Excavated Dimension: 8 X 8 Ft Eroded Dimension: 8 X 8 Ft Construction Dimension: 8 X 8 Ft Condition: collapsed rock at portal; intact Lining: rock Depth of Opening: 50 Ft + Depth to Plug: N/A Depth to Bedrock: 0 Ft Shape of Opening: rectangular Surface Material: bedrock and mine waste Drainage: N/A Access Helicopter; Lizard Head Wilderness, Bilk Creek Location Coordinates: Zone 13: 245,338.54 E; 4,201,499 N Elevation: 10,148 Ft.

Preferred Closure Method: Bulkhead With Bat Access

Construct Rock Bulkhead in accordance with Rock Bulkhead Closure with non-accessible, bar stock cross bar, bat grate alternative and drainage specifications (Section 14 Standard Work Specifications, and Standard Drawing No. 10, General Bid Specifications, 2009). Human access door is not required. Refuse, including an old metal trailer, out house, collapsed wooden building, rear axle, transmission, ventilation turbine, refrigerator, wood stove and wood/concrete structure remnants, located south and east of the portal, needs to be hauled to the portal area and buried beneath 2 ft. of talus rock in the depression near the portal, as directed by the Project Manager. A cutting torch may be required to dismantle metal structures. The load out chute and metal rails will remain in place. Please see Figure 1, USFS Morning Star Mine Site Map. Colorado Highway 145 to San Miguel County Road 63L to CR63J (USFS Road 623) to Wilson Trail Head. USFS Trail 420 to 421 to Project Site. Must hike approximately 1 hour, crossing Bilk Creek, as road is inaccessible. Small motorized vehicle access may be permissible via USFS Special Use Permit, along USFS Trail 420 to wilderness boundary.

Feature ID: 2 (AKA USFS Morning Star Mine, 240/4194-01-101)

Excavated Dimension: 6 x 8 Ft Eroded Dimension: 6 X 8 Ft Construction Dimension: 6 X 8Ft Condition: intact Lining: rock Depth of Opening: 30 Ft + Depth to Plug: N/A Depth to Bedrock: 0 Ft Shape of Opening: oval Surface Material: bedrock and mine waste Drainage: Yes, 1gpm Access Helicopter; Lizard Head Wilderness, Bilk Creek Location Coordinates: Zone 13: 246,261.58 E; 4,201,539.70 N Elevation: 10,321 Ft.

Preferred Closure Method: Bulkhead with Bat Access

Construct Rock Bulkhead in accordance with Rock Bulkhead Closure with non-accessible, bar stock cross bar, bat grate alternative and drainage specifications (Section 14 Standard Work Specifications and Standard Drawing No. 10, General Bid Specifications, 2009). Human access door is not required Colorado Highway 145 to San Miguel County Road 63L to CR63J (USFS Road 623) to Wilson Trail Head. USFS Trail 420 to 421 to Project Site. Must hike approximately 1 hour, crossing Bilk Creek, as road is inaccessible. Small motorized vehicle access may be permissible via USFS Special Use Permit, along USFS Trail 420 to wilderness boundary.

Feature ID: 3 (AKA USFS Morning Star Mine, 240/4194-01-104) Type of Feature: Adit Excavated Dimension: 6 X 8 Ft Eroded Dimension: 6 X 8 Ft Construction Dimension: 6 X 8 Ft Condition: intact Lining: rock Depth of Opening: 30 Ft + Depth to Plug: NA Depth to Bedrock: 0 Ft Shape of Opening: rectangular Surface Material: bedrock and mine waste Drainage: drainage present 1gpm Access Helicopter; Lizard Head Wilderness; Bilk Creek Location Coordinates: Zone 13: 247,297 E; 4,201,478 N Elevation: 10,245 Ft.

Preferred Closure Method: Bulkhead with Bat Access

Construct Rock Bulkhead in accordance with Rock Bulkhead Closure with non-accessible, bar stock cross bar, bat grate alternative and drainage specifications (Section 14 Standard Work Specifications and Standard Drawing No. 10, General Bid Specifications, 2009.) Human access door is not required Colorado Highway 145 to San Miguel County Road 63L to CR63J (USFS Road 623) to Wilson Trail Head. USFS Trail 420 to 421 to Project Site. Must hike approximately 1 hour, crossing bilk Creek, as road is inaccessible. Small motorized vehicle access may be permissible via USFS Special Use Permit, along USFS Trail 420 to wilderness boundary.

Feature ID: 4 (AKA USFS Upper Bilk Cr.