Oro Shaft Maintenance Project.pdf

1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us John W. Hickenlooper, Governor | Robert Randall, Executive Director | Virginia Brannon, Director

DATE: July 24, 2018

TO: Interested Bidders

FROM : Allen Sorenson, Project Manager

RE: Oro Shaft Maintenance Project, DQ # 2019 - 0071

Enclosed is a description and bid schedule for the Oro Shaft Maintenance Project.

PROJECT LOCATION

The Oro shaft is located one and one-half miles east of the Town of Breckenridge in Summit County, Colorado. The shaft is located behind (north of) the French Gulch Water Treatment Plant located at 542 French Gulch Road.

WORK SUMMARY

The project work will include replacement of the previously installed safety closure on the Oro shaft and will include grading and diversion channel construction to route runoff water away from the shaft. In 1994 the Oro shaft was safeguarded by installation of pre-cast concrete panels over the shaft. Since that time, the concrete panels have been undercut by erosion caused by runoff water flowing into the shaft from the steep slopes located to the north. The concrete panels will be removed and the Oro shaft will be safeguarded with a polyurethane foam closure including a thirty inch diameter HDPE access culvert and grated access door. Access route and road improvements will be necessary to reach the Oro Shaft Maintenance Project work areas.

The Oro shaft closure is to be constructed as specified in the Colorado Inactive Mine Reclamation Program General Bid Specifications, 2009 and in accordance with the Work Description detailed below.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held at 10:00 a.m. on Thursday, August 9, 2018. The meeting will start at the French Gulch Water Treatment Plant. There is a 7/11 gas station located at the intersection of Colorado Highway 9 and Huron Road at the north end of the Town of Breckenridge. From the 7/11, travel 0.4 miles east on Huron Road and turn right onto Reiling Road. Travel 0.7 miles on Reiling Road and turn left onto French Gulch Road. Travel

0.9 miles on French Gulch Road to the French Gulch Water Treatment Plant on the left.

The Pre-bid Meeting is for the purpose of showing prospective bidders the work site and vicinity.

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 http://mining.state.co.us/ and all contact information is recorded completely and legibly on the sign-in sheet. If the contractor does not provide all information in legible form on the pre-bid sign-in sheet, DRMS is unable to make contact with the bidder for forwarding amendments or notices.

The bidder will be considered unresponsive, and may be disqualified from the bidding process.

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 out or to attend the entire meeting will be cause for rejection of a bid.

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.

BID SUBMISSION AND EVALUATION

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 DATE

The Deadline for all bids to be submitted is no later than 4:00 p.m. on Tuesday, August 28, 2018.

All bids need to be submitted by mail, fax, overnight service or in person until the date and time specified above at the Colorado Division of Reclamation, Mining and Safety, 1313 Sherman Street, Suite 215, Denver, Colorado 80203. 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

BID OPENING DATE

The Bid for this project will be opened on Wednesday, August 29, 2018 at 10:00 a.m.

A written tabulation of the Documented Quote (DQ) 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 DQ results. Telephone requests cannot be honored because of time constraints.

PROJECT DATES

The project is scheduled for construction between September 24 and October 26, 2018. 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 33 calendar days after receipt of the Notice to Proceed. This includes ten (10) days mobilization time.

BID BOND

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.

PERFORMANCE AND PAYMENT BONDS

A Performance and Payment bond is required if the amount bid is $50,000.00 or greater. 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.

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 (averaged) 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)

NOTICE OF AWARD AND EXECUTION OF DOCUMENTS

NOTE: As of 4/15/2018 all Vendors are now required to complete & return an EFT form unless they currently have a valid form on file.

A Notice of Award will be sent to the apparent low bidder within a reasonable time following the bid opening. The Division of Reclamation, Mining and Safety must receive the following by the date specified in the award letter:

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

(b) Certificates of Insurance showing proof of required coverage and

Additional Insured Endorsement;

(c) AML Contractor Ownership and Control Form;

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

(e) Completed W-9 forms, if required;

(f) Project Schedule

(g) Completed EFT Form

If the above documents are not submitted properly by the date specified in the award letter, the Division of Reclamation, Mining and Safety may elect to award the project to the next lowest bidder.

The apparent low bidder must submit a certificate of insurance with the following limits:

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.

INSURANCE

A. The contractor shall obtain at his own expense, and maintain at all times during the term of this contract, insurance listed below. Proof of insurance must be submitted on certificates showing the following minimum coverage:

1) Worker’s Compensation Insurance as required by state statute, and Employer’s

Liability Insurance covering all of contractor’s employees acting within the course and scope of their employment.

2) Commercial General Liability Insurance written on ISO occurrence form CG 00

10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence;

b. $1,000,000 general aggregate;

c. $1,000.00 products and completed operations aggregate; and

d. $50,000.00 any one fire.

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision.

3) Automobile Liability Insurance covering any auto (including owned, hire and non

-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit.

The Certificates of Insurance and insurance policies required above shall be subject to the following stipulations:

B. The State of Colorado shall be named as additional insured on the Commercial General

Liability Policy (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037 or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

C. The Insurance shall include provisions preventing cancellation or non-renewal without at least forty-five (45) days prior notice to the State by certified mail.

D. The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

E. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State.

F. The contractor shall provide certificates showing insurance coverage required by this contract to the State within ten days of the notice of award. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof. At any time during the term of this contract, the State may request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section.

Bidders are advised to consult with their insurance carrier concerning these requirements.

Submit a bid only if you are prepared to complete these requirements.

RETAINAGE

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

LIQUIDATED DAMAGES

The liquidated damages for this project will be $400.00 per day. Please see General Bid Specifications 2009, Article 39.

NOTICE OF CONTRACTOR’S SETTLEMENT

When the project is completed, the contractor’s settlement will be advertised electronically on Colorado Vendor Self Service (ColoradoVSS).

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).

CORA DISCLOSURE

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

HISTORIC PRESERVATION

Areas adjacent to the mine sites often contain related artifacts and structures, such as buildings, tipples, ore houses, headframes and foundations that may be historically significant. Care shall be exercised to avoid any disturbances to these structures and artifacts, in order to preserve their integrity. Existing structures shall not be used as load-bearing devices.

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.

Work Description

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

BID ITEM 1 MOBILIZATION/DEMOBILIZATION

Mobilization/Demobilization will include the cost of cleaning equipment (see Noxious Weeds below), moving equipment and supplies onto the Project Area, moving equipment within the Project Area, access route construction within the Project Area, and to complete any other requirements necessary to accomplish the goals of this Project. This item also includes all labor, equipment, and costs associated with demobilization and clean-up of the work site following completion of the Project. Please see Specification 1.0, Mobilization / Demobilization of the General Bid Specifications, 2009.

NOXIOUS WEEDS

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

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

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

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

Upon completion of the work under this Contract, the CONTRACTOR shall remove all temporary facilities, temporary access routes and roads, temporary infrastructure and equipment.

The CONTRACTOR shall remove from the work site all rubbish, unused materials, and leave all areas in good order and condition, subject to the approval of the PROJECT MANAGER.

Measurement and Payment Measurement and payment for Mobilization/Demobilization will be conducted and paid in accordance with the General Bid Specifications, 2009, Section 1.0. Invoices are to be accompanied by Daily Job Logs summarizing the work included in the invoice.

BID ITEM 2 PROJECT SAFETY, HEALTH, AND ENVIRONMENTAL ACTION

PLAN (SHEAP)

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

The Project Safety Plan must be submitted to:

Allen Sorenson Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, CO 80203

FAX (303) 832-8106

allen.sorenson@state.co.us

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

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

mailto:allen.sorenson@state.co.us

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

3. Provision of first aid kit for each work crew;

4. Fuel storage and handling;

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

6. Fire prevention and safety, extinguishers;

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

8. Accident prevention and safety when operating motorized equipment;

9. Fall prevention for all work conducted where a fall hazard exists, all personnel must be harnessed and tied off when working around the Oro shaft, and harnesses shall have shock absorbing lanyards;

10. Safety measures for polyurethane foam detailed in Section 9.5, General Bid Specifications, 2009;

11. Daily safety meetings.

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

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

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

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

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

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

The above information was reviewed, received, and understood.

Contractor Representative:

Signature Date

Employee:

Signature Date

Measurement and Payment There will be no measurement for payment. Payment for this Bid Item will be reflected in a lump sum bid under 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 Item and of the Project Safety Plan. Payment shall be made as this Item is completed and approved by Project Manager. Payment for this Item will be made only on the final (before retainage) invoice.

BID ITEM 3 INSTALL POLYURETHANE FOAM CLOSURE

Safeguard Oro shaft in accordance with the Project Work Description (below) and the referenced Standard Work Specifications (SWS) as specified in the Colorado Inactive Mine Reclamation Program General Bid Specifications, 2009.

Best Management Practices (BMP’s) are required to minimize erosion and reduce the potential for sediment release from the site. The BMP’s required for this project must be implemented anywhere a surface disturbance occurs, and must include the following practices:

1. Severe surface roughening/scarification, minimum six (6) inch depth. Surface roughening is completed with a minimum ten inch (10”) wide McLeod rake, or other suitable landscape tool. Basins will be a minimum of six inches (6”) deep and must be no further than twelve inches (12”) apart from one another in any direction, and must be placed perpendicular to the slope in an offset pattern.

2. Grading to low angle slopes (no steeper than 3H:1V) where possible.

3. Seed site with seed mix provided by OWNER (See Section 20 of the General Bid

Specifications, 2009 for installation specifications). Commercial fertilizer is required for this project. Weed Free Straw mulch is required for this project. Zone 5 Seed Mix:

High-Elevation Meadow, Coniferous Woodland/Forest and Aspen will be sown on all areas.

Feature ID: X10U8 Project, Feature #13 Type of Feature: Shaft Excavated Dimension: 12-ft. by 7-ft.

Eroded Dimension: 12-ft. by 12-ft.

Present Size Opening: 12-ft. by 3-ft.

Mine Dump Volume: 10,000 cu. yds.

Condition: Intact Lining: Timber Depth of Opening: 600-ft.

Depth to Plug: N/A Depth to Bedrock: Unknown Shape of Opening: Rectangular Surface Material: Mine Waste Drainage Present: No Access Deterrent: Steep Slopes, Erosion Gullies Closure Method: Polyurethane Foam

Project Work Description:

1. Remove and dispose of pre-cast concrete panels. The existing safety closure at the Oro shaft consists of two B-1 type panels installed at the surface over the shaft opening. B-1 type panels are twelve feet (12’) long by six feet (6’) wide and weigh approximately 6500 pounds each. The panels will be removed from the shaft, loaded and hauled off the Project Area.

Once that panels leave the Project Area they become the property of the CONTRACTOR and may be disposed at a legally permitted facility or retained by the contractor as salvage. Note that the DRMS may not accept these panels for safeguarding of hazardous mine openings at other projects due to their age and compromised condition.

2. Construct a polyurethane foam shaft closure in accordance with Polyurethane Foam Closure Specifications (Section 9.0, SWS) except as modified in this Project Work Description. The bottom form will be installed approximately fifteen feet (15’) below the collar of the shaft.

Polyurethane foam shall be a minimum of twelve feet (12’) thick. It is estimated that forty cubic yards (40 c.y.) of cured polyurethane foam will be required. A drain pipe is required as specified in the SWS. The backfill over the cured polyurethane foam will be mounded one foot (1’) above existing ground surface.

3. The Oro shaft is a two compartment shaft with the compartments separated by a timber crib wall. Two separately set bottom forms will be required. Steel riser pipes in the north shaft compartment must be removed in order to install the bottom form. The polyurethane foam will be will be applied in accordance with the SWS except that the foam will be applied in two lifts of six foot (6’) thickness with a minimum of thirty six hour (36 hr.) foam curing time between lifts.

4. Access down the Oro shaft is required. A 30-inch diameter corrugated HDPE pipe shall be installed as access way in accordance with the SWS. The HDPE pipe shall extend from the bottom form to two feet (2') above anticipated ground level following backfilling. To place a steel locking grate over the top, a 36-inch diameter corrugated steel pipe (CSP) three feet (3') in length shall be placed over the top of the HDPE pipe and the space between the outside of the HDPE pipe and the inside of the CSP shall then be filled with either a sand and cement mix, or polyurethane foam. The locking grate described below shall be attached to the CSP prior to placement over the HDPE pipe. Under no circumstances shall welding take place over or in the vicinity of exposed polyurethane foam.

5. Steel grated hatch shall be fabricated by the CONTRACTOR and installed onto the 36-inch diameter CSP in general accordance with Section 9.4.7 of the SWS.

6. A diversion channel and drainage berm shall be constructed on the bench above and immediately north of the Oro shaft. An erosion gully that originates on the bench above the shaft routes runoff into and down the shaft. The gully will be cutoff on the bench above the shaft by constructing a diversion channel and drainage berm that will route runoff along the edge of the bench and feed into gullies to the east, such that runoff is prevented from flowing toward the shaft. The diversion channel will be U-shaped with side slopes no steeper than 2H:1V. The channel will be minimum two feet (2’) deep with a two foot (2’) wide base.

Mine waste that is excavated to construct the channel will be packed onto the downhill side of the channel to create a drainage berm. Approximately one hundred and fifty feet (150’) of diversion channel with integrated drainage berm will be constructed. Note that access to the bench where the diversion channel/drainage berm will be located is up an extreme steep slope requiring leveling of an angled access route to move a mini-excavator or other suitable equipment into position to construct the diversion channel/drainage berm. Alternatively, the CONTRACTOR may employ manual labor and hand tools to construct the diversion channel/drainage berm.

Measurement and payment No measurement for payment shall be made for this Bid Item 3. Payment shall be for the lump sum bid price. The price bid shall include all of CONTRACTOR’s cost of whatever nature to provide a complete closure installation in accordance with the plans and specifications including polyurethane foam, corrugated HDPE and steel pipes and all other necessary materials, fabrication and installation of the steel grated hatch, excavation, backfilling, diversion channel/drainage berm construction, final grading, and revegetation of disturbed areas.

Measurement for payment is based on attaining the specified thickness of cured foam to create a column within the both compartments of the Oro shaft. Payment shall be for the lump sum bid price adjusted for the actual quantity of polyurethane foam applied, based on the bid price for additional polyurethane foam applied under Bid Item 4.

ADDITIONAL ITEMS

There are included on the Bid Schedule two additional Items. These Items are NOT GUARANTEED, and will be used only in the event that conditions significantly differ from that anticipated, and only after approval by the PROJECT MANAGER. The additional Items for this project include:

BID ITEM 4 ADDITIONAL POLYURETHANE FOAM – NOT GUARANTEED

This Bid Item 4 provides for the application of additional polyurethane foam in excess of the forty cubic yards (40 c.y.) of cured foam required to be installed into the Oro shaft under Bid Item 3. Application of additional polyurethane foam must be approved in advance by the PROJECT MANAGER. Application of additional polyurethane foam shall be in accordance with the specifications of Bid Item 3. Application of additional polyurethane foam if determined to be necessary by the PROJECT MANAGER will include the installation of up to eight cubic yards (8 c.y) of cured foam into the Oro shaft.

Measurement and Payment Payment for this Bid Item 4 will be made at the unit prices established in Item 4 of the Bid Schedule. Measurement for payment will be made to the nearest cubic yard of additional cured polyurethane foam applied. The unit price bid will cover all costs for completing the activities required under this item. Payment shall be as this task is completed and approved by the PROJECT MANAGER. Such payment shall be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to the completion of Item 4.

BID ITEM 5 ADDITIONAL EQUIPMENT TIME – NOT GUARANTEED

Equipment Rental- Eight (8) hours of CAT 315 Hydraulic Excavator with thumb, or equivalent, with operator, per specification 19.0 of the General Bid Specifications, 2009.

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

PROJECT OBSERVATION

The PROJECT MANAGER will be at the project site periodically to monitor construction activities and ensure that each work item is completed and constructed to design specifications.

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

1. Bottom form and corrugated HDPE access way pipe installation.

2. Initial pouring of first lift of polyurethane foam.

3. Initial placement of backfill onto finished and cured column of polyurethane foam.

3/12/13

Return by August 28, 2018 at 4:00 P.M. to: Receipt of Addenda Nos._______________ is hereby acknowledged Submit Bids via In Person, Mail or Fax (303-832-8106) to:

Teresa Ryan Division of Reclamation, Mining and Safety 1313 Sherman St., #215 Denver, CO 80203 Fax (303) 832-8106

Oro Shaft Maintenance Project Bid Schedule # 2019 - 0071

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1. Mobilization/Demobilization 1 JOB N/A $

2. Project Safety Plan (SHEAP) 1 JOB N/A $

3. Install Polyurethane Foam Closure 1 LUMP

SUM N/A $

4. Additional Polyurethane Foam – NOT

GUARANTEED 8 CUBIC

YARDS $ /CY $

5. Additional Equipment Time – NOT

GUARANTEED 8 HOURS $ /HR $

GRAND TOTAL $

Contractor_____________________________________ Date_________________________

Signature _____________________________ Phone___________________________

Address _______________________________________________________________

DO NOT AMEND ANY PART OF THIS BID SCHEDULE

ALL LINES ITEMS MUST BE COMPLETED

Page 1 of 1 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

Colorado Division of Reclamation, Mining and Safety

Page 1 of 22 Pages Revised: 8/25/2017

GENERAL CONDITIONS OF THE CONTRACT

Article 1. DEFINITIONS

A. Contract Documents. The Contract Documents consist of:

(a) Agreement and Bid Schedule;

(b) Performance and Payment Bonds;

(c) Liability, Automobile and Workmen's Compensation Certificates of Insurance;

(e) Notice to Proceed;

(f) General Conditions of the Contract;

(g) Detailed Special Conditions, including all amendments issued prior to the opening of the bids and including any applicable Standard Work Specifications;

(h) Maps and drawings, including all amendments issued prior to the opening of the bids;

(i) Final inspection and certificate of completion;

(j) Notice of CONTRACTORS Settlement, and

(k) List of Equipment Offered.

B. Procedural Documents. The Procedural Documents consist of:

(a) Advertisement for Bids;

(b) Bid form;

(c) Bid Bond;

(d) Notice of Award;

(e) MBE/WBE Forms; and

(f) AML Contractor Ownership and Control Information Package (AVS);

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

C. Correlation and Intent of the Documents

The Contract Documents are complementary; what is called for by any one document shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. Materials or work described in words which have a well-known technical or trade meaning shall be held to refer to such recognized standards.

In case of a difference between the contract documents, precedence shall be given in the following respective order: Agreement, Special Conditions, Bid Schedule, Standard Work Specifications, Maps, Drawings, and General Conditions. Amendments shall take precedence in the area of the bid document which they modify or clarify. In the case of any such difference, the matter shall be promptly brought to the attention of the Principal Representative who will make a determination in writing.

D. Words and Terms Used

AGREEMENT - The word Agreement means the written Agreement entered into by the State of Colorado acting by and through the Principal Representative and the CONTRACTOR for the performance of the work and payment for the work.

COLORADO LABOR - The term Colorado Labor shall be defined as provided in Title 8-17-101, et seq. CRS 1973, as amended.

CONTRACTOR - The term CONTRACTOR means the sole proprietorship, partnership, or corporation entering into a Contract with the State of Colorado.

Page 2 of 22 Pages

DRAWINGS - The word Drawings shall mean all drawings in the Special Conditions.

PRINCIPAL REPRESENTATIVE OR STATE - The term Principal Representative means the Director of the State of Colorado, Division of Reclamation, Mining and Safety (DRMS) or his designee. The Colorado Division of Reclamation, Mining and Safety is located at 1313 Sherman Street, Room 215, Denver, Colorado, 80203, telephone (303) 866-3567.

PROJECT MANAGER - The term Project Manager means the Division of Reclamation, Mining and Safety employee or representative responsible for day to day observation of work at the project site, and general contract administration for the DRMS.

SUBCONTRACTOR - A Subcontractor is a sole proprietorship, partnership or corporation which has a contract with the CONTRACTOR for the performance of labor at the site of the work regardless of whether supplying of material is part of such contract, but without contractual relationship to the Principal Representative.

WORK - The word Work means material and/or labor.

Article 2. PERFORMANCE AND PAYMENT BONDS

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 cashiers 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.

Article 3. INSURANCE

A. The contractor shall obtain at his own expense, and maintain at all times during the term of this contract, insurance listed below. Proof of insurance must be submitted on certificates showing the following minimum coverage:

1) Worker’s Compensation Insurance as required by state statute, and Employer’s

Liability Insurance covering all of contractor’s employees acting within the course and scope of their employment.

2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01

10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence;

b. $1,000,000 general aggregate;

c. $1,000.00 products and completed operations aggregate; and

d. $50,000.00 any one fire.

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision.

Page 3 of 22 Pages

3) Automobile Liability Insurance covering any auto (including owned, hire and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit.

The Certificates of Insurance and insurance policies required above shall be subject to the following stipulations:

B. The State of Colorado shall be named as additional insured on the Commercial General

Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037 or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado.

C. The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the State by certified mail.

D. The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

E. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State.

F. The contractor shall provide certificates showing insurance coverage required by this contract to the State within ten days of the notice of award. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof. At any time during the term of this contract, the State may request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section.

Bidders are advised to consult with their insurance carrier concerning these requirements. Submit a bid only if you are prepared to complete these requirements.

Article 4. THREE-WAY AGREEMENT

If a three-way Agreement for Reclamation Activities) is required, the CONTRACTOR shall enter into a three-way agreement between the CONTRACTOR, the State of Colorado and the private landowner, and maintain for the duration of the work, in addition to that specified above, additional insurance coverage of:

a. Comprehensive General Liability Insurance, which includes operations & premises coverage, products/completed operation coverage, all on an occurrence basis, all with combined single limit of liability of $1,000,000;

b. Statutory Worker's Compensation and Occupational Disease Disability Insurance;

c. Employers' Liability Insurance with limits of $500,000 each occurrence; and

d. Automobile Insurance with a combined single limit of liability of $1,000,000, and furnish evidence of the insurance coverage as prescribed the three-way agreement.

If a three-way Agreement for Reclamation Activities is required, the CONTRACTOR will be required to furnish lien waivers to the private landowner. See Number 5 of the sample three-way Agreement for Reclamation Activities. The landowner's address will be furnished to the CONTRACTOR with the Notice to Proceed.

Page 4 of 22 Pages

Article 5. PROJECT SCHEDULE

The successful bidder shall, prior to the execution of an Agreement, furnish a plan for construction of the work showing (1) the date(s) he expects to move various pieces of equipment onto the work site, and (2) the dates and period(s) he proposes to perform each phase of the project work.

Article 6. APPLICANT VIOLATOR SYSTEM

The successful bidder will be required to submit a completed AML Contractor Ownership and Control Form and pass a check of the Applicant Violator System (AVS).

Although there are many circumstances under which a bidder might be found "not responsible", any CONTRACTOR who has had direct or indirect association with a firm that has had a permit revoked or a bond forfeited by the Division of Reclamation, Mining and Safety or the Mined Land Reclamation Board will be considered not responsible, and not eligible to be awarded any bid. Any firm listed in the federal Office of Surface Mining's Applicant Violator System or who is not confirmed by the Office of Surface Mining will be considered not responsible.

Article 7. MINORITY/WOMEN BUSINESS PARTICIPATION

The successful bidder is required to complete and return the Minority/Women Business Enterprise Participation Report Form before an Agreement will be executed.

Article 8. NOTICE TO PROCEED

After the Agreement has been fully-executed, the Principal Representative will issue the Notice to Proceed consistent with the project dates in the Special Conditions. Under no circumstance shall the CONTRACTOR begin work before a Notice to Proceed is issued.

Article 9. ACCIDENT PREVENTION AND SAFETY MEASURES

The CONTRACTOR shall comply with applicable provisions of OSHA Part 1926, Construction Standards and Interpretations, in effect on the date of Bid Opening. The CONTRACTOR shall continuously maintain, at his expense, adequate protection of the work and the Principal Representative's property, and shall take all practicable precautions in the interest of safety, including: Safety Glasses (when flying debris may be encountered), steel toe boots and hard hats (except when inside operator’s cab or inside vehicle cab) are required to be worn at all times. At least two 10 pound A B C rated Dry Chemical type-portable fire extinguishers shall be on site at all times. A First Aid Station meeting MSHA requirements (CFR 75.1713-7, or 77.1707) must be kept in a sanitary condition and must be kept on site during all work operations. An emergency accident and medical evacuation/transportation plan shall be established and posted for the site.

If required by the PROJECT MANAGER, the CONTRACTOR shall prepare a Safety, Health, and Environmental Action Plan (SHEAP) for the project operations prior to beginning work.

If a SHEAP is required, the CONTRACTOR will comply with the following at a minimum:

• TRAINING REQUIREMENTS: Prior to working on the site, site-specific hazard training as covered in the SHEAP will be administered to ALL persons working on the project site (both surface and underground), by the CONTRACTOR AND DRMS PROJECT MANAGER, and will be acknowledged on a form attached to the SHEAP to document this training.

• PROACTIVE SAFETY: The CONTRACTOR shall designate one person to be responsible for safety and health at the work site. The CONTRACTOR will conduct daily pre-work

Page 5 of 22 Pages safety talks with all employees. The CONTRACTOR shall conduct daily work area safety inspections and document the results of these inspections.

Any shafts which were fenced prior to construction activities shall be protected by a temporary fence during non-working hours. Without relieving the CONTRACTOR of its legal or contractual duties to take safety precautions, other openings may be designated by the Principal Representative as requiring fencing due to proximity of houses or visitation by tourists.

Work may involve activities around unprotected hazardous mine shafts, stopes, adits and other openings…