STATE OF COLORADO BID

Project Name: Silver Spades Project Bid Number: 2017-0277 Fund: OSM (587E) Pre-Bid Meeting Date: June 20, 2017 Time: 9:00 A.M.

Bid Submittal Date: July 5, 2017 Time: 4:00 P.M.

Bid Opening Date: July 6, 2017_____________Time: 10:00 A.M.____

To: Purchasing Agent Division of Reclamation, Mining and Safety Total Bid $ 1313 Sherman St., Rm. 215 Receipt of Addenda Nos.

Denver, Colorado 80203 is Hereby Acknowledged

1. BID: The undersigned bidder proposes to furnish all the labor and materials and to perform all the work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the base bid above indicated, and according to the attached Bid Schedule.

2. EXAMINATION OF DOCUMENTS AND SITE: The bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the work, so as to make certain of the conditions at the site and to gain a clear understanding of the work to be done.

3. PARTIES INTERESTED IN BID: The bidder hereby certifies that the only persons or parties interested in this Bid are those named herein, and that no other bidder or prospective bidder has given any information concerning this Bid.

4. BID GUARANTY: This Bid is accompanied by the required Bid Guaranty. You are authorized to hold said Bid Guaranty for a period of not more than thirty (30) days after the opening of the Bids for the work above indicated, unless the undersigned bidder is awarded the Contract, within said period, in which event the Director, Division of Reclamation, Mining and Safety may retain said Bid Guaranty, until the undersigned bidder has executed the required Agreement and furnished the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance and any other documents required by the Special Conditions.

5. TIME OF COMPLETION: The bidder agrees to complete the entire project within __47 calendar days from the Notice to

Proceed, subject to Article 33 TIME OF COMPLETION and Article 39 LIQUIDATED DAMAGES, of The General Conditions of the Contract. If awarded this work, the bidder agrees to begin work within ten (10) days from the date of the Notice to proceed and agrees to prosecute the work with due diligence to completion.

6. EXECUTION OF DOCUMENTS: The bidder understands that if this Bid is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance and any other documents required by the Special Conditions within ten (10) days from the date of the Notice of Award.

7. LATE BIDS: Unless there are extraordinary circumstances for which the Purchasing Director may approve a bid received after the time and date due it will be rejected per R-24-103-202a-07(a), Colorado Procurement Code and Rules.

8. The right is reserved to waive informalities and to reject any Bid.

(TYPE/PRINT NAME UNDER ALL SIGNATURES) Dated this day of , 20__

THE BIDDER

Signature

Name and Title (Typed or Printed)

Company Name

Address

Phone #

Signatures: If the Bid is being submitted by a Corporation, the Bid should be signed by an officer, i.e., President or Vice President.

If the Bid is being submitted by an individual or a partnership, the Bid shall so indicate and be properly signed.

Silver Spades Project Bid Schedule

2017- 0277

ITEM

DESCRIPTION

QTY

UNIT UNIT PRICE

AMOUNT

1.0 Mobilize/Demobilize 1 Job N/A $

2.0 Safety, Health &

Environmental Action Plan 1 Job N/A $

3.0 Install Mine Closures

(Total from Page 3) 1 Job N/A $

4.0 Install Add’l Mine Closures

(if required, Total from Page 4) 1 Job N/A $

5.0 Provide Add’l PUF

(if required) 5 Cubic

Yard $ $

6.0 Provide Add’l Rockfill

(if required) 5 Cubic

Yard $ $

7.0 Provide Add’l Concrete

(if required) 5 Cubic

Yard $ $

8.0 Provide Add’l Equip. Rental -

Medium Excavator (if required) 5 Hour $ $

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

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 4 Pages

Item 3 - Install Mine Closures:

Feature

ID

Type

Closure Method

Bid Amount

County

Funding

100 Shaft Polyurethane Foam (6CY) $ Lake OSM

101 Shaft Backfill $ Lake OSM

102 Shaft Monolithic Plug (25CY rockfill; 30CY concrete) $ Lake OSM

103 Shaft Backfill $ Lake OSM

104 Shaft Polyurethane Foam (6CY) $ Lake OSM

105 Shaft Steel Grated Shaft Closure $ Lake OSM

110 Shaft Monolithic Plug (3CY rockfill; 8CY concrete) $ Lake OSM

111 Shaft Monolithic Plug (60CY rockfill; 30CY concrete) $ Lake OSM

113 Shaft Backfill $ Lake OSM

114 Shaft Polyurethane Foam (15CY) $ Lake OSM

115 Shaft Polyurethane Foam (7CY) $ Lake OSM

116 Shaft Rockfill & Polyurethane Foam (2CY rockfill; 2CY PUF) $ Lake OSM

117 Shaft Monolithic Plug (25CY rockfill; 30CY concrete) $ Lake OSM

118 Shaft Backfill $ Lake OSM

119 Shaft Polyurethane Foam (6CY) $ Lake OSM

120 Shaft Polyurethane Foam (8CY) $ Lake OSM

121 Shaft Polyurethane Foam (10CY) $ Lake OSM

125 Adit Backfill $ Lake OSM

Page 2 of 4 Pages

Item 3 cont. - Install Mine Closures:

132 Shaft Backfill $ Lake OSM

134 Shaft Backfill $ Lake OSM

135 Adit Backfill $ Lake OSM

136 Shaft Polyurethane Foam (20CY) $ Lake OSM

138 Shaft Polyurethane Foam (6CY) $ Lake OSM

139 Shaft Monolithic Plug (5CY rockfill; 10CY concrete) $ Lake OSM

141 Adit Backfill $ Lake OSM

142 Shaft Backfill $ Lake OSM

143 Shaft Backfill $ Lake OSM

144 Shaft Backfill $ Lake OSM

145 Shaft Backfill $ Lake OSM

ST-06 Shaft Steel Grated Shaft Closure $ Lake OSM

ST-08 Adit Backfill $ Lake OSM

ST-18 Shaft Polyurethane Foam (6CY) $ Lake OSM

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

Page 3 of 4 Pages

Item 4 - Safeguard Additional Hazardous Mine Openings, if required:

124 Shaft Steel Grated Shaft Closure w/ Access $ Lake OSM

129 Shaft Backfill $ Lake OSM

140 Shaft Backfill $ Lake OSM

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

Page 4 of 4 Pages

State Form SBP-6.14 Rev. 9/2006

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

BID BOND

Institution/Agency:

Project No./Name:

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, hereinafter called the “PRINCIPAL”, is submitting a PROPOSAL for the above described project, to the STATE OF COLORADO, hereinafter called the “OBLIGEE”.

WHEREAS, the Advertisement for Bids has required as a condition of receiving the Proposals that the Principal submit with the PROPOSAL GUARANTY in an amount not less than five per cent (5%) of the Proposal, which sum it is specifically agreed is to be forfeited as Liquidated Damages in the event that the Principal defaults in his obligation as hereinafter specified, and, in pursuance of which Requirement, this Bid is made, executed and delivered.

NOW THEREFORE, the Principal and a corporation of the State of , duly authorized to transact business in Colorado, as Surety, are held and firmly bound unto the Obligee, in the sum of five per cent (5%) of the Principal’s total bid price, lawful money of the United States for the payment of which sum, well and truly to be made to the Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

FURTHER THAT, a condition of the obligation that the Principal shall maintain his Proposal in full force and effect for thirty (30) days after the opening of the proposals for the project, or, if the Principal’s Proposal is accepted, the Principal shall, within the prescribed time, execute the required Agreement, furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, and Certificates of Insurance, then this obligation shall be null and void, otherwise it shall remain in full force and effect, and subject to forfeiture upon demand as Liquidated Damages.

IN WITNESS WHEREOF said Principal and Surety have executed this Bond, this day of , A.D., 20 .

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST

Address (including city, state and zip) Secretary Phone number:

Name (Print) Signature

Name (Print) and Title

SIGNATURES If the “Principal” is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President or Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed.

If the “Principal” is an individual or a partnership, the Bid Bond shall so indicate and be properly signed.

(Corporate Seal) THE SURETY

By __________________________________________ Secretary Attorney-in-Fact

THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED.

FAILURE TO PROVIDE A PROPERLY EXECUTED BID BOND WITH A PROPERLY EXECUTED POWER OF

ATTORNEY WILL RESULT IN THE BIDDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE.

As of 8/16/2012

LIST OF EQUIPMENT OFFERED

Under the headings below, list all equipment which you offer to perform the work described in the Bid. Please see “List of Equipment Offered” in the Special Conditions.

ITEM

MAKE

MODEL NUMBER

SERIAL NUMBER

YEAR

MANUFACTURED

THIS PAGE MUST BE RETURNED WITH YOUR BID

OR THE BID MAY BE CONSIDERED NON-RESPONSIVE

PAGE 1 OF 1 PAGE

SPECIAL CONDITIONS

PROJECT LOCATION

The project is located in Lake County, Colorado, approximately one (1) mile east of downtown Leadville in the historic Leadville Mining District. Please see the attached map.

WORK SUMMARY

The project work includes the safeguarding of thirty-five (35) hazardous mine openings; thirty-one

(31) shafts and four (4) adits. The features will be safeguarded using various closure methods including backfilling, polyurethane foam (PUF) and concrete monolithic plugs.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held on Tuesday, June 20, 2017 at 09:00 a.m. at the Robert Emmet Shaft parking area on Lake County Road 1 (5th Street). Please see attached map.

To get to the pre-bid location from downtown Leadville. From Harrison Avenue (Hwy 24), go east on 5th Street (Lake County Rd.1) 1.1 miles until you reach the Robert Emmet Shaft parking area on the left (north). Once 5th street turns to dirt, you will notice a headframe above a concrete retaining wall on the left (north); this is the meeting location. The Robert Emmet Mine is approximately 0.4 miles from the end of the pavement.

The purpose of the Pre-Bid meeting is to afford potential bidders the opportunity to inspect the proposed work and access conditions. Attending the entire Pre-Bid meeting is mandatory. Bidders are advised to be prompt. A sign-in sheet will be available at the Pre-Bid meeting for firms to register their attendance. It is the bidder's responsibility to make certain their attendance is recorded on the sign-in sheet. Each individual may represent him/herself or a single company for the purpose of bidding. Signing the Pre-Bid Meeting attendance list to represent more than one person or company is not permitted. Failure to sign-in and sign out, as directed by the Project Manager, will be cause for rejection of a bid.

Please review Meeting Requirements PRIOR to the meeting. All interested bidders MUST attend. Bidding documents must be obtained prior to the pre-bid meeting. Any Documents that cannot be loaded to the VSS System are the ONLY documents that will be distributed at the Pre-Bid Meeting.

THIS PRE-BID MEETING INVOLVES INSPECTION OF HAZARDOUS AND UNSTABLE MINE

OPENINGS. THE SAFETY OF PROSPECTIVE BIDDERS IS OF UTMOST IMPORTANCE TO THE

DIVISION OF RECLAMATION, MINING AND SAFETY. NO ONE WILL BE ALLOWED WITHIN 15

FEET OF ANY VERTICAL MINE OPENING WITHOUT PROPER SAFETY EQUIPMENT

INCLUDING: SAFETY BELT OR HARNESS PROPERLY SECURED TO A SAFETY LANYARD

AND ANCHOR. NO ONE WILL BE ALLOWED TO EXAMINE ANY HORIZONTAL MINE OPENING

WITHOUT WEARING A HARD HAT.

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

BID SUBMITTAL

The Deadline for all bids to be submitted is no later than 4:00 p.m. on Wednesday, July 5, 2017.

All bids need to be submitted as SEALED BIDS in single copy for the work described herein. Bids 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. Electronic bids are NOT being accepted by the Vendor Self Service system at this time.

A responsive bid must include the following, properly completed:

• Bid Form

• Bid Schedule

• Bid Bond

• List of Equipment

This is a sealed bid. Telegraphic or electronic (FAX, Western Union, Telex, etc.) bids will NOT be accepted directly by the Division of Reclamation, Mining and Safety in response to this bid.

Bid Form. Bids shall be submitted on the bid form furnished. Bids must be manually signed in ink.

All bid items must be priced or the bid will be disqualified. In case of error in the extension of price, the unit price shall govern. If a Bid Schedule is included it must also be returned with the bid. The quantities listed on which unit prices are requested are estimates only. The prices indicated on the Bid Schedule and included in the Contract Documents shall include the cost of all labor and materials, equipment and services, and all other expenses necessary for the completion of the work.

Alternate bids will not be accepted. Bids must be signed as follows:

If the Bidder is a corporation: The bid must be signed by an officer (President or Vice President), and the title indicated.

If the Bidder is a proprietorship: The Owner must sign the bid and print or type his name, the business name.

If the Bidder is a partnership: The majority or general partner must sign the bid. The same person must sign the contract, if awarded. Also include the company name.

Bid Bond. A bid bond is required for all jobs over $50,000.00. A bid guarantee in an amount not less than five percent (5%) of the total bid price must be submitted in the form of a firm commitment, such as a bid bond, bank money order, certified check or cashier's check. Checks or money orders should be made payable to the Treasurer, State of Colorado. If a bid bond is submitted, the State form shall be used. An irrevocable letter of credit is not acceptable as a bid guarantee. Bid guarantees, other than bid bonds, will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids, and (b) to the successful bidder upon execution of such further contractual documents and bonds (including any necessary coinsurance or reinsurance agreements) as may be required by the bid as accepted.

Failure to furnish a bid guarantee in the proper form and amount by the time set for opening of bids may be cause for rejection of the bid.

If the successful bidder, upon acceptance of his bid by the OWNER, fails to execute such further contractual documents, and give such bond(s) (including any necessary coinsurance or reinsurance agreements) as may be required within ten (10) days after receipt of the Notice of Award, the contract may be terminated for default. In such event the CONTRACTOR shall be liable for any cost of procuring the work which exceeds the amount of his bid, and the bid guarantee shall be available toward offsetting such difference.

BID OPENING DATE

The bid opening date for this project is Thursday, July 6, 2017 at 10:00 am.

All bid openings are open to the public and bidders are welcome to attend and record the bid results.

A written tabulation of the Bid results will be available to those bidders who submit an email address or a clearly-visible, self-addressed, stamped envelope with their bid. Please allow two weeks for receipt of Bid results. Telephone requests cannot be honored because of time constraints.

Performance and Payment Bonds – ARE REQUIRED for bids over $50,000.00.

The contractor shall furnish a labor and material payment bond for 100 percent of the original contract price and a performance bond for 100 percent of the original amount of the contract. The bonds are required by State Law, Title 24-105,202,203, C.R.S., as amended. The bonds shall be submitted using the State forms. A certified or cashier’s check or bank money order may be accepted in lieu of the bonds. If a surety other than a bond is used, the State will hold fifty percent (50%) of the surety until the final settlement date and fifty percent (50%) for six (6) months after the final settlement date.

RETAINAGE

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

List of Equipment Offered. The List of Equipment Offered form must be returned with each bid.

All equipment to be used on the project must be listed. The CONTRACTOR must own, have a current lease for the equipment intended to be used to perform the work, or must furnish a statement of arrangements to rent, or otherwise procure, adequate equipment to perform the work. Inclusion of a piece of equipment on the List of Equipment Offered represents a commitment to devote that piece of equipment to the project work for the entire duration of the project. If several contractors propose to join together to perform the work under this contract, equipment owned or controlled by each should be listed and the owner identified. A contract will not be awarded to a bidder who in the opinion of the OWNER (a) does not have adequate equipment, or (b) does not have firm and satisfactory arrangements to obtain adequate equipment to perform the work described in the Invitation and Bid.

If the List of Equipment Offered is not submitted with the bid, the bid may be considered non-responsive.

BID AWARD

Award will be made with reasonable promptness, by written notice to the low responsive and responsible bidder whose bid meets the requirements and criteria set forth in the Invitation for bid.

These criteria will include, but not be limited to the lowest GRAND TOTAL PRICE, corrected if necessary for errors in price extension and/or addition, on the Bidder's equipment if a List of Equipment Offered is required with the bid, and capability to meet the performance time requirements. The GRAND TOTAL PRICE will be used for comparing bids only.

To be considered responsive and responsible, bidders may not have a Below Standard "(1)", OVERALL (Final) performance rating in the Colorado Contract Management System (CMS), for any construction project completed for Colorado in the last five years, per C.R.S. 24-105- 1(2)

Additive Alternates. The lowest responsible bid, taking into account the Colorado resident bidder preference, Article 14 of the General Conditions, will be determined by and the contract will be awarded on the base bid plus all additive alternates, to the extent that the addition of alternates results in a sum total within available funds to finance the contract. Additive alternates will be used in determining the lowest responsible bidder, adding in the numerical order listed. An equal number of alternates shall be added to the base bid of each bidder within funds available to finance the contract for the purposes of determining the lowest responsible bidder. If this bid exceeds such amount, the right is reserved to reject all bids.

GENERAL BID SPECIFICATIONS

The Colorado Inactive Mine Reclamation Program General Bid Specifications 2009, which include General Conditions, Standard Work Specifications, and Standard Drawings and Figures are intended to complement these Special Conditions. The Special Conditions combined with the General Bid Specifications 2009 form the complete Invitation and Bid document. Please refer to the Standard Work Specifications for all applicable types of work required in the Special Conditions. The General Conditions apply to all work covered in the Special Conditions. Copies of the General Bid Specifications are available at the Pre-Bid Meeting or from the Division of Reclamation, Mining and Safety (CDRMS), 1313 Sherman Street, Room 215, Denver, Colorado 80203 (303) 866-3567.

PROJECT DATES

The project is scheduled for construction between August 21, 2017 and October 6, 2017. 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 forty-seven (47) calendar days after receipt of the Notice to Proceed. This includes ten (10) days mobilization time.

LIQUIDATED DAMAGES

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

NOTICE OF AWARD AND EXECUTION OF DOCUMENTS

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

(a) Executed Agreement;

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

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

Insured Endorsement;

(d) Project schedule;

(e) AML Contractor Ownership and Control Form;

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

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

Conditions;

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

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

(j) Project Schedule

Please consult Articles 2-7 of the General Conditions.

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

THREE-WAY AGREEMENT

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

CONDITIONS AFFECTING THE WORK

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

PROJECT FUNDING

This project is funded by Federal grant money made available to the State of Colorado through the U.S. Department of 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).

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

By entering into this Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system.

Contractor’s performance shall be evaluated in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance.

Evaluation of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness.

Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress.

Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Natural Resources, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.

INDEMNIFICATION

Contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses and attorney fees and related costs, incurred as a result of any act or omission by Contractor or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.

PROJECT WORK DESCRIPTION

The project work entails the safeguarding of thirty-five (35) hazardous mine openings; thirty-one (31) shafts and four (4) adits. All safety closures will be constructed in accordance with the Colorado Inactive Mine Reclamation Program General Bid Specifications 2009.

Item 1.0: Mobilization/Demobilization This item includes all costs necessary and incidental to move equipment and supplies onto the project area, perform minimal road improvements, if required, move equipment within the project area during prosecution of the project, and any other requirements necessary for the successful completion of this project per Section 1.0 of the General Bid Specifications 2009. The CONTRACTOR shall also operate and maintain such temporary works and equipment throughout the period of construction. This item also includes all labor, equipment, and costs associated with demobilization and clean-up of the project site following the completion of the project. Applicable temporary works, such as sanitation facilities, shall fully comply with all rules and regulations.

Noxious Weeds In an attempt to mitigate the rampant spread of noxious weeds from one area to another, there will be a mandatory inspection of all equipment to be used during the course of construction at the project site. Prior to inspection, it is the responsibility of the Contractor to employ whatever cleaning methods are necessary to ensure that all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Equipment shall be considered clean when a visual inspection determines the equipment free of such material. The CONTRACTOR will be required to notify the PROJECT MANAGER in advance of mobilizing equipment on site to arrange for inspection.

Disassembly of equipment components will not be required.

Measurement and payment No measurement for payment shall be made for mobilization and demobilization. Equipment cleaning and inspection costs for noxious weed mitigation shall be included in the Mobilization/Demobilization bid item. Payment of two-thirds of the lump sum price bid for Item 1.0 of the Bid Schedule shall be made with the first monthly progress payment after completion of the work described above for mobilization. Payment of one-third of the lump sum price bid for this task will be made with the progress payment following completion of all work. In the event the price bid for mobilization and demobilization items is greater than 15 percent (15%) of the total contract price, original invoices supporting the mobilization costs will be required before payment is approved.

Remobilization, if required, will be paid in accordance with the General Bid Specifications Section 1.4.4.

Item 2.0: 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 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.

The Project Safety Plan must be submitted to:

Craig Bissonnette PO Box 1619 Leadville, CO 80461

FAX (303) 832-8106

craig.bissonnette@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.

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 provided to the work crew members in the language in which they are most readily able to comprehend.

Upon receipt of the SHEAP, the OWNER will either accept the plan, or request that more detail be provided.

The CONTRACTOR and their employees or sub-contractors are expected to follow the SHEAP during performance of every component of the Project. If the PROJECT MANAGER determines that the SHEAP 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 SHEAP is implemented.

Measurement and Payment There will be no measurement for payment. Payment for this task shall be for the lump sum bid price under Item 2.0 of the Bid Schedule. This lump sum bid will cover all costs for developing and implementing the SHEAP, including writing and revising the plan as required, provisions and maintenance of safety equipment and personnel, conduct of daily safety meetings, employee training, and all other items necessary and incidental to fulfilling the requirements of this task and of the SHEAP. Payment of two-thirds of the lump sum price bid for Item 2.0 shall be made with the first monthly progress payment. Payment of one-third of the lump sum price bid will be made with the progress payment following completion of all work. Payment will only be made upon approval from the PROJECT MANAGER.

Item 3.0: Install Mine Closures Closure of the following hazardous mine features shall include all costs associated with the work of safeguarding and revegetating the features in accordance with the 2009 General Bid Specifications and all applicable regulations.

SEDIMENT CONTROL

Any safety closure work involving disturbance to the ground will require sediment control measures to mitigate the transport of sediment off the project site. It will be the responsibility of the CONTRACTOR to implement and maintain appropriate best management practices (BMP’s) and to ensure that sediment generated during construction and reclamation work does not migrate from the construction site. Features requiring BMP’s will be noted in the bid specifications and the type of sediment control measure will be specified in the work description for each feature. The cost for providing, installing, and maintaining sediment control measures for the duration of the project shall be included in the price bid for closure of each mine feature. Descriptions of each BMP can be found in Section 22 of the 2009 General Bid Specifications. Installation of BMP’s must be in accordance with these specifications or per the manufacturer’s instructions.

REVEGETATION REQUIREMENTS

All areas disturbed during reclamation work and any other areas specified in these Special Conditions will be revegetated according to the Revegetation Specifications, SWS 20, in the General Bid Specifications 2009. Commercial fertilizer and weed-free mulch is required for this project. Seed will be supplied by the OWNER. Cost for revegetation must be included in the lump sum price bid for each mine closure.

Zone 5: High-Elevation Meadow, Coniferous Woodland/Forest & Aspen Seed Mix will be used on all disturbed areas.

Feature ID: 100 Type of Feature: Shaft Present Size Opening: 8ft by 4ft Mine Dump Volume: 1,500 CY Condition: Partially Collapsed Lining: Rock + Timber Depth of Opening: 100ft + Depth to Plug: N/A Depth to Bedrock: 25ft Shape of Opening: Rectangular Drainage Present: No Closure Method: Polyurethane Foam, per SWS 9

Work Description: Remove timbers and open up double compartment shaft. Install a polyurethane foam (PUF) closure in accordance with Standard Work Specification (SWS) 9. Set the bottom form at a depth of eight (8) feet below ground surface and install the PUF to a thickness of five (5) feet.

Backfill the remaining three (3) feet with onsite material. Six (6) cubic yards of PUF is required for this closure. CONTRACTOR shall take measures to prevent PUF from getting on wooden structure and surrounding ground surface. Any timbers removed will be placed to the side. SEDIMENT CONTROL: None required unless substantial soil disturbance occurs.

Feature ID: 101

Present Size Opening: 20ft by 20ft Mine Dump Volume: 800 CY Condition: Collapsed Lining: Rock Depth of Opening: 15ft Depth to Plug: 15ft Depth to Bedrock: 25ft Shape of Opening: Circular

Closure Method: Backfill, per SWS 2

Work Description: Backfill the feature with onsite material in accordance with SWS 2. Use adjacent dump to the north for backfill material. Rockfill is not required for this closure. Access will require work. Only mini equipment is allowed. SEDIMENT CONTROL: The surface of the completed backfill shall be intensely roughened to minimize sediment transport. This will be done by digging gouges or trenches perpendicular to the slope over the entire surface of disturbed ground and by creating small earthen berms approximately six inches (6”) in height along the downhill edge or toe of all disturbed areas. The ends of the berm shall extend beyond the area of disturbance by approximately eighteen inches (18”) and tie into the uphill slope to effectively catch any sediment.

Feature ID: 102

Present Size Opening: 28ft by 28ft Mine Dump Volume: 20,000 CY Condition: Partially Collapsed Lining: Rock Depth of Opening: 200ft + Depth to Plug: 30ft Depth to Bedrock: 50ft Shape of Opening: Circular

Closure Method: Monolithic Plug, per SWS 7

Work Description: Install a monolithic plug closure in accordance to SWS 7. Rockfill must be placed to a thickness of two (2) feet and have a minimum diameter of eighteen (18) inches. Rockfill is not available onsite and must be imported. Rockfill must be durable and angular. Decomposing granite, sandstone or shale are not acceptable. Bridge decking or other type of rigid form will be required to span the opening prior to installing closure. Up to twenty five (25) cubic yards of rockfill and thirty (30) cubic yards of 4,500psi concrete is required for this closure. The small stope to the west of the shaft will also be backfill with this feature in accordance with SWS 2. Any timbers removed will be placed neatly to the side. SEDIMENT CONTROL: Disturbed ground will be intensely roughened as described above for feature 101.

Feature ID: 103 Type of Feature: Shaft (Subsidence) Present Size Opening: 4ft by 4ft Mine Dump Volume: N/A Condition: Partially Collapsed Lining: Rock Depth of Opening: 5ft Depth to Plug: 5ft Depth to Bedrock: 25ft Shape of Opening: Irregular

Work Description: Excavate subsidence for inspection by the PROJECT MANAGER and backfill the feature with onsite material in accordance with SWS 2. Rockfill is not required for this closure.

SEDIMENT CONTROL: Disturbed ground will be intensely roughened as described above for feature 101.

Feature ID: 104

Present Size Opening: 4ft by 8ft Mine Dump Volume: 800 CY Condition: Partially Collapsed Lining: Rock + Timber Depth of Opening: 100ft + Depth to Plug: 15ft Depth to Bedrock: 15ft Shape of Opening: Circular

Work Description: Remove timbers and open up shaft. Install a polyurethane foam (PUF) closure in accordance with SWS 9. Set the bottom form at a depth of eight (8) feet below ground surface and install the PUF to a thickness of five (5) feet. Backfill the remaining three (3) feet with onsite material. Six (6) cubic yards of PUF is required for this closure. CONTRACTOR shall take measures to prevent PUF from getting on wooden structure and surrounding ground surface. Any timbers removed will be placed to the side. Use dump to north for backfill material. SEDIMENT CONTROL:

None required unless substantial soil disturbance occurs.

Feature ID: 105

Present Size Opening: 8ft by 4ft Mine Dump Volume: 800 CY Condition: Intact Lining: Timber Depth of Opening: 100ft + Depth to Plug: N/A Depth to Bedrock: 10ft Shape of Opening: Rectangular

Closure Method: Steel Grated Shaft Closure, per SWS 8

Work Description: Install a steel grated shaft closure in accordance with SWS 8 and Standard Drawing No. 4. The small adjacent sump, approximately five (5) feet in diameter and two (2) feet deep, will be backfilled with this feature. SEDIMENT CONTROL: None required unless substantial soil disturbance occurs.

Feature ID: 110

Present Size Opening: 15ft by 15ft Mine Dump Volume: 2,500 CY Condition: Collapsed Lining: Rock Depth of Opening: 20ft Depth to Plug: 20ft Depth to Bedrock: 20ft Shape of Opening: Circular is not available onsite and must be imported. Rockfill must be durable and angular. Decomposing granite, sandstone or shale are not acceptable. Up to three (3) cubic yards of rockfill and eight (8) cubic yards of 4,500psi concrete is required for this closure. Wire fence and posts will be removed and properly disposed of offsite. SEDIMENT CONTROL: Disturbed ground will be intensely

Feature ID: 111

Present Size Opening: 20ft by 20ft Mine Dump Volume: 3,500 CY Condition: Partially Collapsed Lining: Rock Depth of Opening: 35ft Depth to Plug: 35ft Depth to Bedrock: 15ft Shape of Opening: Square placed to a thickness of five (5) feet and have a minimum diameter of eighteen (18) inches. Rockfill is not available onsite and must be imported. Rockfill must be durable and angular. Decomposing granite, sandstone or shale are not acceptable. Bridge decking or other type of rigid form may be required to span the opening prior to installing closure. Up to sixty (60) cubic yards of rockfill and thirty (30) cubic yards of 4,500psi concrete is required for this closure. SEDIMENT CONTROL:

Disturbed ground will be intensely roughened as described above for feature 101.

Feature ID: 113

Present Size Opening: 15ft by 15ft Mine Dump Volume: 500 CY Condition: Collapsed Lining: Rock Depth of Opening: 12ft Depth to Plug: 12ft Depth to Bedrock: 20ft Shape of Opening: Circular

Work Description: Backfill the feature using onsite material in accordance with SWS 2. Use material to north as fill. Rockfill is not required for this closure. Leave trees intact where possible.

Feature ID: 114

Present Size Opening: 6ft by 10ft Mine Dump Volume: 2,000 CY Condition: Intact Lining: Rock Depth of Opening: 100ft + Depth to Plug: N/A Depth to Bedrock: 15ft Shape of Opening: Rectangular

Work Description: Install a polyurethane foam (PUF) closure in accordance with SWS 9. Set the bottom form at a depth of four (4) feet below the timbered section of the shaft and install eight (8) feet of PUF. Backfill to the surrounding ground surface with onsite material. Fifteen (15) cubic yards of PUF is required for this closure. CONTRACTOR shall take measures to prevent PUF from getting on the surrounding ground surface. Access is limited, mini equipment only. SEDIMENT CONTROL:

Feature ID: 115

Present Size Opening: 4ft by 8ft Mine Dump Volume: 500 CY Condition: Intact Lining: Rock + Timber Depth of Opening: 40ft Depth to Plug: N/A Depth to Bedrock: 15ft Shape of Opening: Rectangular bottom form at a depth of twelve (12) feet below ground surface and install PUF to a thickness of five (5) feet. Backfill to surrounding ground surface with fill material to the north and blend with surrounding hillside. Seven (7) cubic yards of PUF is required for this closure. CONTRACTOR shall take measures to prevent PUF from getting on the surrounding ground surface. Feature is adjacent to a recreational trail. CONTRACTOR must be cautious and considerate when working around the trail to ensure public safety. Disturbance to trail must be kept to a minimum. SEDIMENT CONTROL:

Feature ID: 116 Type of Feature: Shaft (Subsidence) Present Size Opening: 8ft by 8ft Mine Dump Volume: N/A Condition: Intact Lining: Rock Depth of Opening: 5ft Depth to Plug: 5ft Depth to Bedrock: 10ft Shape of Opening: Circular

Closure Method: Rockfill and Polyurethane Foam, per SWS 2 & 9

Work Description: Excavate subsidence feature for inspection by the PROJECT MANAGER.

Install two (2) cubic yards of rockfill and then cap with two (2) cubic yards of PUF in accordance with SWS 2 and 9. Backfill the feature with onsite material to surrounding ground surface. A small subsidence 100’ to the east will be backfilled with this feature. Subsidence feature measures approximately four (4) feet by three (3) feet. SEDIMENT CONTROL: Disturbed ground will be intensely roughened as described above for feature 101.

Feature ID: 117

Present Size Opening: 28ft by 28ft Mine Dump Volume: 15,000 CY Condition: Intact Lining: Rock Depth of Opening: 60ft Depth to Plug: 60ft Depth to Bedrock: 15ft Shape of Opening: Square is not available onsite and must be imported. Rockfill must be durable and angular. Decomposing granite, sandstone or shale are not acceptable. Bridge decking or other type of rigid form may be required to span the opening prior to installing closure. Up to twenty five (25) cubic yards of rockfill and thirty (30) cubic yards of 4,500psi concrete is required for this closure. Feature will be backfilled to surrounding ground surface using material from waste rock dump approximately 100’ to the north.

Feature ID: 118

Present Size Opening: 20ft by 20ft Mine Dump Volume: 1,000 CY Condition: Intact Lining: Rock Depth of Opening: 160ft Depth to Plug: N/A Depth to Bedrock: 10ft Shape of Opening: Square

Work Description: Backfill the feature using onsite material in accordance with SWS 2. Rockfill is not required for this closure. SEDIMENT CONTROL: Disturbed ground will be intensely roughened as described above for feature 101.

Feature ID: 119

Present Size Opening: 4ft by 8ft Mine Dump Volume: 500 CY Condition: Intact Lining: Rock + Timber Depth of Opening: 95ft Depth to Plug: N/A Depth to Bedrock: 20ft Shape of Opening: Rectangular bottom form at a depth of eight (8) feet below ground surface and install PUF to a thickness of five

(5) feet. Backfill the remaining three (3) feet with onsite material. Six (6) cubic yards of PUF is required for this closure. Access is limited, mini equipment only. CONTRACTOR shall take measures to prevent PUF from getting on the surrounding ground surface. SEDIMENT CONTROL:

Feature ID: 120

Present Size Opening: 4ft by 8ft Mine Dump Volume: 500 CY Condition: Intact Lining: Rock + Timber Depth of Opening: 100ft + Depth to Plug: 55ft Depth to Bedrock: 15ft Shape of Opening: Rectangular bottom form at a depth of two (2) feet into cribbed portion of shaft and install six (6) feet of PUF.

Backfill to surrounding ground surface with fill material to the south. Eight (8) cubic yards of PUF is required for this closure. CONTRACTOR shall take measures to prevent PUF from getting on the surrounding ground surface. Access is limited, mini equipment only. Any trees removed will be bucked and scattered. Wire fence and posts will be removed and properly disposed of offsite.

Feature ID: 121

Present Size Opening: 8ft by 8ft Mine Dump Volume: 12,000 CY Condition: Collapsed Lining: Rock + Timber Depth of Opening: 20ft Depth to Plug: 20ft Depth to Bedrock: 25ft Shape of Opening: Circular

Work Description: Remove timbers and place neatly to the side. Install a polyurethane foam (PUF) closure in accordance with SWS 9. Set the bottom form at a depth of two (2) feet into cribbed portion of shaft and install PUF to a thickness of eight (8) feet. Backfill to surrounding ground surface with fill material to the south. Ten (10) cubic yards of PUF is required for this closure. Wire fence and posts will be removed and properly disposed of offsite. SEDIMENT CONTROL: Disturbed ground will be intensely roughened as described above for feature 101.

Feature ID: 125 Type of Feature: Adit Present Size Opening: 6ft by 6ft Mine Dump Volume: 10,000 CY Condition: Partially Collapsed Lining: Rock + Timber Depth of Opening: 10ft Depth to Plug: 10ft Depth to Bedrock: 10ft Shape of Opening: Irregular

Work Description: Backfill the feature using onsite material in accordance with SWS 2. Feature is almost collapsed. Remove timbers and finish collapsing brow. Small opening 100’ to the east will also be backfilled with this feature. Small opening measures approximately two (2) feet by two (2) feet. Rockfill is not required for this closure. All trash and debris will be removed and properly disposed of offsite. SEDIMENT CONTROL: Disturbed ground will be intensely roughened as described above for feature 101.

Feature ID: 132

Present Size Opening: 20ft by 15ft Mine Dump Volume: 5,000 CY Condition: Partially Collapsed Lining: Rock Depth of Opening: 15ft Depth to Plug: 15ft Depth to Bedrock: 15ft Shape of Opening: Circular

Work Description: Backfill the feature using onsite material in accordance with SWS 2. Access is limited, mini equipment only or hand backfill. Rockfill is not required for this closure. SEDIMENT CONTROL: Disturbed ground will be intensely roughened as described above for feature 101.

Feature ID: 134

Present Size Opening: 25ft by 30ft Mine Dump Volume: 7,500 CY Condition: Partially Collapsed Lining: Rock Depth of Opening: 25ft Depth to Plug: 25ft Depth to Bedrock: 10ft Shape of Opening: Circular limited, mini equipment only. Small subsidence at toe of dump will also be backfilled with this feature.

Subsidence feature measures approximately five (5) feet in diameter and four (4) feet deep. Rockfill is not required for this closure. SEDIMENT CONTROL: Disturbed ground will be intensely

Feature ID: 135

Present Size Opening: 4ft by 6ft Mine Dump Volume: 1,000 CY Condition: Partially Collapsed Lining: Rock + Timber Depth of Opening: 100ft + Depth to Plug: 50ft Depth to Bedrock: 10ft Shape of Opening: Rectangular

Work Description: Backfill the feature using onsite material in accordance with SWS 2. Remove portal canopy and backfill. A bat exclusion fence will be installed on this closure for several days prior to backfilling. PROJECT MANAGER will be responsible for this task. All timbers and debris will be removed and properly disposed of. SEDIMENT CONTROL: Disturbed ground will be

Feature ID: 136

Present Size Opening: 10ft by 6ft Mine Dump Volume: 20,000 CY Condition: Intact Lining: Rock Depth of Opening: 100ft + Depth to Plug: N/A Depth to Bedrock: 15ft Shape of Opening: Rectangular bottom form at a depth of fourteen (14) feet below ground surface and install PUF to a thickness of ten (10) feet. Backfill to surrounding ground surface with fill material to the south. Twenty (20) cubic yards of PUF is required for this closure. Access is limited, mini equipment only. Any trees removed will be bucked and scattered. Wire fence and posts will be removed and properly disposed of offsite.

Feature ID: 138

Present Size Opening: 4ft by 8ft Mine Dump Volume: 1,500 CY Condition: Intact Lining: Timber Depth of Opening: 100ft + Depth to Plug: N/A Depth to Bedrock: 25ft Shape of Opening: Rectangular bottom form to a depth of eight (8) feet below ground surface and install the PUF to a thickness of five (5) feet. Backfill to surrounding ground surface with fill material to the south. Six (6) cubic yards of PUF is required for this closure. Access is limited, mini equipment only.