STATE OF COLORADO BID

Project Name: Striker Project

Bid Number: PKA-15-751

Fund: OSM: 590E

Pre-Bid Meeting Date: April 9, 2015 Time: 9:00 am

Bid Submittal Date: April 22, 2015 Time: 4:00 pm

Bid Opening Date: _April 23, 2015_____Time_10:00 am_____

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

Receipt of Addenda Nos.

is Hereby Acknowledged

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

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

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

4. BID GUARANTY: This Bid is accompanied by the required Bid Guaranty. You are authorized to hold said Bid

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

5. TIME OF COMPLETION: The bidder agrees to complete the entire project within 40 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.

Return by April 22, 2015 at 4:00 P.M. to: Receipt of Addenda Nos._______________ is hereby acknowledged Submit Electronically:

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

Kristin Miranda Division of Reclamation, Mining and Safety 1313 Sherman St., #215 Denver, CO 80203

STRIKER PROJECT

Bid Schedule

PKA-15-751

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1. Mobilization/Demobilization 1 each N/A $

2. SHEAP 1 each N/A $

3.

Safeguard Private Hazardous Openings (Total from Item 3 on Page 2 of the Bid Schedule)

1 job N/A $

4.

Safeguard Private Hazardous Openings (Total from Item 4 on Page 2 of the Bid Schedule)

1 job N/A $

5. Machine Time* 10 hours $ /hr $

GRAND TOTAL $

*Item 5 is NOT GUARANTEED

DO NOT AMEND ANY PART OF THIS BID SCHEDULE

ALL PAGES OF THIS BID SCHEDULE MUST BE RETURNED

ALL LINES ITEMS MUST BE COMPLETED

Page 1 of 2 Page(s) https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService

Bid Schedule

Item 3 – Safeguard Private Hazardous Openings:

ID

Feature

Closure Work

Bid Amount

County

Funding

UU-05

Adit

Bat Grate with Access

Hinsdale

OSM

UU-06

Bat Grate with Access

UU-07

Hand Backfill

UU-08

Shaft

Gate with Access

UU-09

Open Pit/Shaft

Backfill

UU-10

Shaft

Grate With Access

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

Item 4 – Safeguard Private Hazardous Opening:

ID

Feature

Closure Work

Qty

Unit

Unit Price

Amount

County

Funding

UU-04

Stope

Fence

LF

Total (Enter amount here and on Page 1 of Bid schedule, Item 4)

DO NOT AMEND ANY PART OF THIS BID SCHEDULE

ALL PAGES OF THIS BID SCHEDULE MUST BE RETURNED

ALL LINES ITEMS MUST BE COMPLETED

Page 2 of 2 Page(s)

State Form SBP-6.14 Rev. 9/2006

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

BID BOND

Institution/Agency:

Project No./Name:

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST

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

Name (Print) Signature

Name (Print) and Title

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

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

(Corporate Seal) THE SURETY

By __________________________________________ Secretary Attorney-in-Fact

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

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

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

As of 8/16/2012

LIST OF EQUIPMENT OFFERED

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

ITEM

MAKE

MODEL NUMBER

SERIAL NUMBER

YEAR

MANUFACTURED

THIS PAGE MUST BE RETURNED WITH YOUR BID

OR THE BID WILL BE CONSIDERED NON-RESPONSIVE

PAGE 1 OF 1 PAGE

SPECIAL CONDITIONS

PROJECT LOCATION

The project is located approximately 4 miles west of the town of Lake City, Colorado, along the Engineer Pass Road. Please see the attached maps.

WORK SUMMARY

The project work will include safeguarding 1 collapsed stope structure, 3 adits, 2 shafts, and 1 open pit, associated with the Ute-Ulay Mine Complex. All features are located on the north side of Engineer Pass Road. Closure methods will include backfill, steel grates, fencing, and polyurethane foam.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held at 9:00AM on Thursday, April 9, 2015.

The meeting will start at the BLM office in Lake City, located at 800 Gunnison Ave., on the North Side of the town of Lake City. Please see attached map for the pre-bid meeting location. From Blue Mesa Reservoir, follow Highway 149 south to Lake City from the intersection with US 50, approximately 40 miles. The BLM office/Chamber of Commerce building will be on the right side of Highway 149, just before Dan’s Fly Shop, before the road turns to the left.

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.

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. Wednesday, April 22, 2015.

All bids need to be submitted electronically via Colorado Vendor Self Service (ColoradoVSS) https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService, or sealed bids in single copy for the work described herein will be received until the date and time specified above at the Colorado Division of Reclamation, Mining and Safety, 1313 Sherman Street, Suite 215, Denver, Colorado 80203.

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

A responsive bid must include the following, properly completed:

• Bid Form

• Bid Schedule

• Bid Bond

• List of Equipment Offered

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, April 23, 2015 (day after Bid Submittal) at 10:00 am.

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

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

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

RETAINAGE

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

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

All equipment to be used on the project must be listed. The CONTRACTOR must own, have a current lease for the equipment intended to be used to perform the work, or must furnish a statement of arrangements to rent, or otherwise procure, adequate equipment to perform the work.

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

If the List of Equipment Offered is not submitted with the bid, the bid will 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.

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 June 22, 2015 and July 31, 2015. 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 40 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

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

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

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

Evaluation of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress.

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

PROJECT WORK DESCRIPTION

The project work will include safeguarding 1 collapsed stope structure, 3 adits, 2 shafts, and 1 open pit, associated with the Ute-Ulay Mine Complex. All features are located on the north side of Engineer Pass Road, and directly north of the former town site. Closure methods will include backfill, steel grates, fencing, and polyurethane foam, using the closure methods specified in the Colorado Division of Reclamation, Mining & Safety 2009 General Bid Specifications. Features are located on both private lands and public lands managed by the Bureau of Land Management.

TASK 1.0 MOBILIZATION/DEMOBILIZATION

Mobilization/Demobilization will include the cost of cleaning equipment (see Noxious Weeds below), moving equipment and supplies into the project site, minimal improvement of roads, reclaiming roads to their pre-construction condition, and removal of the remaining supplies and equipment at the completion of the project.

A portable toilet will be required on the site throughout the duration of construction.

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

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

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

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

The Project Safety Plan must be submitted to:

Tara Tafi PO Box 1192 Gunnison, CO 81230

FAX (303) 832-8106

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

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

2. Use of personal safety equipment on the job site appropriate for the materials to be applied (hard hats, hard toe foot wear, work gloves, safety glasses, hearing protection, ventilation equipment);

3. Provision of first aid kit for each work crew

4. Fuel storage;

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

6. Fire prevention and safety;

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

8. Accident prevention and safety when operating motorized equipment;

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

10. Daily safety meetings.

Additional Items to be included in the safety plan include:

WHITE-NOSE SYNDROME (WNS)

White-nose syndrome (WNS) is a malady of unknown origin that has killed hundreds of thousands of bats across the northeast United States and continues unchecked. Evidence suggests that the disease can be transported from site-to-site on boots, clothes, and gear of mine workers.

Therefore, the following actions are required to reduce the risks of spreading WNS.

1. Workers in and around mines will use clothing, boots, and gear that has NEVER been used in caves or mines in affected or adjacent states.

2. Following completion of work , all gear, boots, and clothing will be thoroughly decontaminated following the protocols below:

Step #1: Upon exiting a mine:

• Thoroughly scrape or brush off any dirt and mud from clothes, boots, and gear and place them in a sealed plastic bag or plastic container with lid to be cleaned and disinfected off site.

• Outer clothing should be removed prior to entering a vehicle after/between a site visit. A clean change of clothing is recommended. Surface cleaning of exposed skin (arms, face, neck, hands, etc.) with antibacterial hand sanitizer (i.e. Purell®) should occur prior to entering the vehicle’s cab.

Step #2: Upon return to shop or office / Prior to entering another mine:

• For clothing – Wash all clothing and appropriate equipment in washing machine using the hottest cycle possible for material and conventional detergents. Laboratory testing has found Woolite® fabric wash to be the best surfactant for clothing. Rinse thoroughly, and then follow by soaking with household bleach solution diluted to 1 part bleach to 9 parts water in a tub or plastic container. Soak for 10 minutes, then rinse with clean water and air dry.

• For submersible gear (i.e. soft-sided gear) – Disinfect any equipment that can be submersed in a solution of household bleach diluted to 1 part bleach to 9 parts water in a tub or plastic container or 3% concentration of Lysol® All-purpose Professional Cleaner or the antibacterial form of Formula 409®. Keep submersed for 10 minutes, then rinse with clean water and air dry.

• For non-submersible gear (i.e. hard-sided gear) – Disinfect any equipment that cannot be submersed by applying an appropriate and compatible disinfectant to the outside surface by using 3% concentration of Lysol® All-purpose Professional Cleaner, Lysol® disinfecting wipes or the antibacterial form of Formula 409®; or use household bleach solution diluted to 1 part bleach to 9 parts water. Keep on surface for 10 minutes, then rinse with clean water and air dry.

• For boots – Boots need to be carefully scrubbed and rinsed so that all soil and organic material is removed. Rubber and leather boots, including soles and leather uppers, must then be disinfected with an appropriate disinfectant such as 3 Lysol® All-purpose Professional Cleaner or the antibacterial form of Formula 409® household bleach)solution diluted to 1 part bleach to 9 parts water. Keep on surface for 10 minutes, then rinse with clean water and air dry.

• For ropes and harnesses – This equipment should be dedicated to one mine.

Decontamination of vertical equipment is recommended. However, the performance integrity may be compromised by using these disinfecting agents mentioned above.

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

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

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

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

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

The above information was reviewed, received, and understood.

Contractor Representative:

Signature Date

Employee:

Signature Date

Measurement and Payment There will be no measurement for payment. Payment for this Task will be reflected in a lump sum bid under Item 2 on the Bid Schedule. This lump sum bid will cover all costs for developing and implementing the Project Safety Plan, including writing and revising the plan as required, provision and maintenance of safety equipment, conduct of daily safety meetings and all other items necessary and incidental to meeting the specifications of this Task and of the Project Safety Plan.

Payment shall be made as this Task is completed and approved by Project Manager. Payment for this Task will be made only on the final (before retainage) invoice.

TASK 3.0 SAFEGUARD HAZARDOUS MINE OPENINGS

The following is a list of the mine features, located on private property included in this project.

Closure of hazardous mine features shall include all costs associated with the work of closing the following mine features in compliance with the 2009 General Bid Specifications and all applicable regulations.

All features requiring backfill for closure will require Best Management Practices (BMP’s) 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).

Feature ID: UU-05 Type of Feature: Adit Excavated Dimension: 8ft by 8ft Eroded Dimension: 8ft by 8ft Present Size Opening: 5ft by 8ft Mine Dump Volume: 3000 yds Condition: Open Lining: Rock Depth of Opening: > 50 feet Depth to Plug: UNKNOWN Depth to Bedrock: 0ft Shape of Opening: oval Surface Material: bedrock/colluvium Drainage Present: No Access: Machine access possible for mini excavator or ATV Closure Method: Bat Grate with Access

Requires initial excavation to clear mine entrance. Construct Bat Grate with Access in accordance with Grated Adit Closure/Bat Grate Alternative specifications (Section 11, 12, and 13, Standard Work Specifications, General Bid Specifications, 2009), and Standard Drawing Number 6, Bat Grate Alternative, using the Angle Iron Crossbar Alternative. Clear mine floor of all debris and waste rock prior to grate installation.

Feature ID: UU-06

Excavated Dimension: 8ft by 8ft Eroded Dimension: 8ft by 8ft Present Size Opening: 4ft by 8ft Mine Dump Volume: 1500 yds Condition: Partially Collapsed Lining: Rock Depth of Opening: > 100 feet Depth to Plug: UNKNOWN Depth to Bedrock: surface ft Shape of Opening: arch Surface Material: bedrock/colluvium Drainage Present: No Access: Equipment access possible for mini excavator and/or ATV Closure Method: Bat Grate with Access

Initial excavation necessary to clear debris from mine entrance. Construct Bat Grate with Access in accordance with Grated Adit Closure/Bat Grate Alternative specifications (Section 11, 12, and 13, Standard Work Specifications, General Bid Specifications, 2009), and Standard Drawing Number 6, Bat grate Alternative, Angle Iron Crossbar Alternative. Clear mine floor of all debris and waste rock prior to grate installation.

Feature ID: UU-07

Excavated Dimension: 6ft by 10ft Eroded Dimension: 6ft by 10ft Present Size Opening: 2ft by 6ft Mine Dump Volume: 500 yds Condition: Partially Collapsed Lining: Timber Depth of Opening: > 50 feet Depth to Plug: UNKNOWN Depth to Bedrock: surface Shape of Opening: arch Surface Material: bedrock Drainage Present: No Access: Foot access only Closure Method: Hand Backfill

Hand backfill in accordance with Adit Backfill Closure specifications (Section 2, Standard Work Specifications, General Bid Specifications, 2009). Use dump to backfill.

Feature ID: UU-08 Type of Feature: Shaft Excavated Dimension: 6ft by 6ft Eroded Dimension: 6ft by 6ft Present Size Opening: 6ft by 6ft Mine Dump Volume: 200 yds Condition: Intact Lining: Rock Depth of Opening: 50 feet to water Depth to Plug: 50 feet Depth to Bedrock: surface Shape of Opening: square Surface Material: bedrock Drainage Present: No Access: Foot Access or Long Line with Helicopter Closure Method: Grate with access

Construct a steel grated shaft closure with access door in accordance with Standard Work Specification 8.0, Standard Drawing Nos. 4 and 11. The closure will require a concrete footer measuring a minimum of ten feet by ten feet (10'x10') and steel beams to reduce the span.

Feature ID: UU-09 Type of Feature: Open Pit Excavated Dimension: 100ft by 60ft Eroded Dimension: 100ft by 100ft Present Size Opening: 100ft by 60ft Mine Dump Volume: 5,000 yds Condition: Intact Lining: Rock Depth of Opening: 30 feet +/- Depth to Plug: UNKNOWN Depth to Bedrock: surface Shape of Opening: circular Surface Material: bedrock/colluvium Drainage Present: No Access: Good Equipment Access via mine access road Closure Method: Backfill, >6" Rip Rap Required

Back fill pit from north to south, allowing for positive drainage to the south. Rip Rap greater than six inches (6") in diameter will be required to backfill the open feature at the bottom of the pit. Rip Rap can be obtained within the project area. Do not remove trees growing in the vicinity of the feature, unless pre-approved by the DRMS Project Manager. Reduce highwall on the north side of the feature to less than 10 feet in height.

Feature ID: UU-10 Type of Feature: Shaft Excavated Dimension: 9ft by 6ft Eroded Dimension: 9ft by 6ft Present Size Opening: 6ft by 4ft Mine Dump Volume: 500yds Condition: Partially Collapsed Lining: Timber Depth of Opening: 10 feet to water Depth to Plug: UNKNOWN Depth to Bedrock: est. 10 feet Shape of Opening: rectangular Surface Material: colluvium/waste Drainage Present: No Access: Good equipment access Closure Method: Grate with access

Construct a steel grated shaft closure with access door in accordance with Standard Work Specification 8.0, Standard Drawing Nos. 4 and 11. The closure will require a concrete footer measuring a minimum of fourteen feet by ten feet (14'x10') and steel beams to reduce the span.

Measurement and Payment There will be no measurement for payment. Payment for this Task will be for the amounts bid in Item 3.0 of the Bid Schedule, per the above referenced Standard Work Specifications of the 2009 General Bid Specifications. The amounts bid in Item 3.0 will cover all costs for completing the work tasks described above. The bid prices must be sufficient to cover all costs, direct and incidental, for materials and workmanship required to complete the specified work. Payment shall be made as this Task is completed and approved by Project Manager.

TASK 4 INSTALL FENCE AROUND UU-4 STOPE

Feature UU-4 is a large collapsed stope structure, approximately three hundred feet (300') long and fifty feet (50') wide. The feature ranges in depth from fifteen feet (15') to fifty feet (50') or more.

The feature requires approximately eight hundred linear feet (800') of steel fencing, eight feet (8') high to be constructed and installed per the following specifications.

The contractor shall provide all labor, materials and appurtenances necessary for installation of the welded steel fence system defined in this scope of work.

Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to protect against damage, weather, vandalism and theft.

Materials All materials shall be sound, new and free of decay and rust.

Structural Steel for fence panels and posts shall conform to the requirements of ASTM A36, ASTM A500/A513.

Pickets shall be 1”x8’x 0.08” (14 Ga.) Pickets shall be spaced at 6” (center to center). Pickets must be shaped so the uppermost 12" of the picket is flared out to add design and preclude climbing of the fence.

Rails shall be 2”x1”x1/8” (11 Ga.)

Fence Post shall be 3”x3”x 3/16 steel tubing. Pickets, rails and posts shall be pre-cut to specified lengths.

Post Cap A steel cap shall be cut and welded to the top of each post to prevent water from collecting in the post.

Concrete shall be used to encase the post where no competent rock is present. Concrete shall have a minimum compressive strength of 3,500 psi at 28 days.

Fence Construction The completed fence must be a minimum of eight feet (8') high, for the approximate length of eight hundred linear feet (800'). One gate door must be installed in the fence, and must be located on the southern edge of the feature, where the feature is fairly shallow. The feature is located on a slope, therefore the fence must be "stair stepped" to accommodate the grade of the hill side. The stair stepping will accommodate the grade so that rails will remain level and each section starts at the ground level.

The fence will be constructed utilizing the materials described above, with the posts set on six foot (6') centers; and vertical pickets set on six inch (6") centers. Top and bottom rails will be placed eighteen inches (18”) below and above the top and bottom of pickets, respectively. Pickets, rails, and posts should be pre-cut to specified lengths to ensure a minimum picket top height of eight feet (8') above adjacent ground elevation. All rail and posts shall be joined by welding all seams eighteen inches (18") from the top and bottom of the posts. All picket and rail intersections shall also be joined by welding at all margins. A cap will be cut and welded on all sides to the top of each post to prevent water from collecting in the post. A maximum gap of three inches (3”) will be maintained at all times from ground surface to lowest picket height. The top one foot (1’) of the pickets will be curved outward at approximately a 45 degree angle.

Fence post shall be spaced every six feet on center and anchored to a minimum depth of two feet (2") in competent rock. The posts will be fitted and welded to a twelve inch by twelve inch (12"x12") by quarter inch (1/4") steel bottom plate. Three (3), three quarter inch (3/4”) rebar stakes per post will be drilled through the plate into the bedrock a minimum of three feet (3’). Post holes in competent rock will be a minimum of twelve inches (12") in diameter, and posts will be set in a minimum of twelve inches (12") of concrete. Where no competent rock is present, the post shall be encased in concrete to a minimum depth of three feet (3') and minimum one foot (1') diameter.

Stress shall not be applied to posts set in concrete for a period of at least 24 hours following the development of a firm set of the concrete. Backfill, either earth or concrete shall be crowned-up around post at the ground surface.

Measurement and Payment Fencing shall be measured to the nearest linear foot. Payment for the steel fencing as described under ITEM 4.0 will be made at the unit price per linear foot for installation the fence. Such payment will constitute full compensation for all labor, materials, equipment and all other items necessary and incidental to the performance of the work including necessary grading, pickets, rails, posts, fence support, and concrete as specified under TASK 4.0. Payment shall be as this task is completed and approved by the PROJECT MANAGER.

TASK 5 MACHINE TIME

This item includes machine time for a tracked excavator and operator to be used for mine waste grading, hydrologic control and other earthwork as directed by PROJECT MANAGER. The specified machine must have a minimum operating weight of 20,000 lbs and 65 flywheel horsepower. Equipment time will be accounted for in accordance with Equipment Rental Specifications 19 in the General Bid Specifications, 2009. Equipment time will start as directed by PROJECT MANAGER once the excavator is mobilized to the site. The hours of machine time in Bid Item 5.0 are NOT GUARANTEED.

Measurement and Payment Payment for this task will be reflected under Item 5.0 of the Bid Schedule as an hourly rate for an Excavator and Operator. Bid hourly rate shall reflect the CONTRACTORS estimate for equipment and personnel cost per hour to complete the task. Measurement will be actual hours required to complete work as directed and approved by the PROJECT MANAGER. The machine time hours under this Bid Item 5.0 are NOT GUARANTEED.

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. Mounding of backfill material, to allow for settling

2. Footer dimensions for shaft grates

3. I-Beam spacing for grates

4. Spacing of fence posts, rails and pickets

Colorado Division of Reclamation, Mining and Safety

Page 1 of 22 Pages Revised: 2/12/13

GENERAL CONDITIONS OF THE CONTRACT

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 Revised: 2/12/13

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…