Venture Project_Part1.pdf

STATE OF COLORADO BID

Project Name: Venture Project

Bid Number: PKA-16-767

Fund: FMMR

Pre-Bid Meeting Date: May 31, 2016 Time: 10:00 am

Bid Submittal Date: June 14, 2016 Time: 4:00 pm

Bid Opening Date: June 15, 2016 Time: 10:00 am______

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

Receipt of Addenda Nos.

is Hereby Acknowledged

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

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

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

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

5. TIME OF COMPLETION: The bidder agrees to complete the entire project within 92 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.

Venture Project Bid Schedule

PKA-16-767

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1.0 Mobilization/Demobilization 1

Lump Sum N/A $

2.0 SHEAP 1

Lump Sum N/A $

2.1 Traffic Control Plan 1

Lump Sum N/A $

3.0 Sediment & Dust Control

3.1 Sediment Control 1,500

Linear Foot $ /LF $

3.2 Sediment Traps 3 Each $ /each $

3.3 Dust Control 1

Lump Sum N/A $

4.0 Establish Access Routes 1

Lump Sum N/A $

5.0 Construct Containment Cell

5.1 Grub Containment Cell Site 2.5 Acre $ /acre $

5.2 Strip Topsoil 1.5 Acre $ /acre $

5.3 Excavate Subsoil 1.5 Acre $ /acre $

6.0 Excavate, Haul & Compact 5,400

Cubic Yard $ /CY $

6.1 Topographic Volume Survey 1

Lump Sum N/A $

7.0 Cover Cell with Subsoil 1.5 Acre $ /acre $

8.0 Cover Cell with Topsoil 1.5 Acre $ /acre $

9.0 Apply Soil Amendments 2.5 Acre $ /acre $

10.0 Revegetation 2.5 Acre $ /acre $

TOTAL $

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 Pages

Bid Schedule

ADDITIONAL BID ITEMS – 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 2 of 2 Pages

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

11.0 Transport Biosolids 500

Cubic Yard $ /CY $

12.0 Compost 500

Cubic Yard $ /CY $

13.0 Provide & Place Boulders 25 Each $ /Each $

14.0 Provide & Incorporate Cement 100 Sack $ /Sack $

15.0 Additional Equipment Rental - Dozer 10 Hour $ /hr $

16.0 Additional Equipment Rental – Excavator 10 Hour $ /hr $

TOTAL $

Total from Page 1

Total from Page 2 (Additional Bid Items)

GRAND TOTAL $

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 Venture Project is located in Little Frying Pan Gulch in the historic Sugarloaf Mining District approximately 5 miles west of Leadville in Lake County, Colorado. Please see the attached maps.

WORK SUMMARY

The project work will involve the construction of an onsite containment cell, excavation of selected waste rock dumps within the Little Frying Pan drainage, hauling, placing and compacting the waste material into the containment cell and capping the waste with amended soil cover. Revegetate and mulch all disturbed areas. Minor stream channel restoration will also be required.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held at 10:00 AM on Tuesday, May 31, 2016, at the west side of Turquoise Lake Dam, approximately 5 miles west of Leadville, Colorado.

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.

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

SPECIAL REQUIREMENTS – OSHA 40-Hour (HAZWOPER)

The Venture project site is governed by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). As a result of this designation, the CONTRACTOR and all personnel working on site are required to have current 40-hour OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) training prior to the project start. CONTRACTOR must provide documentation of current HAZWOPER training for all personnel that will be working on site to the PROJECT MANAGER at the time the Notice to Proceed is issued.

All costs for complying with this requirement shall be included in Item 2.0.

BID SUBMITTAL

The Deadline for all bids to be submitted is no later than 4:00 p.m. on Tuesday, June 14, 2016.

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.

Vendors: Please Note that Attachments in VSS can only be 2 MB each with a total of 10 MB.

A responsive bid must include the following, properly completed:

• Bid Form

• Bid 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 https://codpa-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService liable for any cost of procuring the work which exceeds the amount of his bid, and the bid guarantee shall be available toward offsetting such difference.

BID OPENING DATE

The bid opening date for this project is Wednesday, June 15, 2016 at 10:00 am.

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

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

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

RETAINAGE

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

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

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

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

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

BID AWARD

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

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

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

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

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 1, 2016 and October 31, 2016. This includes ten (10) days mobilization time. These dates are tentative and may change.

TIME OF COMPLETION

The time of completion allowed for the project is ninety-two (92) 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 – IS REQUIRED

A three way "Agreement for Reclamation Activities" is 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 money made available to the State of Colorado through a cooperative agreement with Freeport McMoRan Corporation.

AMERICANS WITH DISABILITIES ACT

All programs, services and activities of the Department of Natural Resources, Division of Reclamation, Mining and Safety and the Colorado Mined Land Reclamation Board are operated in compliance with the Americans with Disabilities Act. Questions, complaints and requests for additional information may be directed to ADA Coordinator, Department of Natural Resources, 1313 Sherman Street, Room 415, Denver, CO 80203.

CORA DISCLOSURE

To the extent not prohibited by federal law, this Contract and the performance measure and standards under CRS 24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS 24-72-101, et. seq.

STATEWIDE CONTRACT MANAGEMENT SYSTEM

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

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

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

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

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

INDEMNIFICATION

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

PROJECT WORK DESCRIPTION

The goal of this project is to remove selected waste rock piles from within the Little Frying Pan Gulch drainage channel to an onsite containment cell. Relocated waste material will be compacted and capped with an amended soil cover, graded, seeded and mulched. Prior to removal activities, the onsite containment cell will be constructed and sediment containment BMP’s including basins, sediment fence and diversions will be implemented. Stream channel restoration will occur in all disturbed areas once the waste piles have been relocated.

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 General Bid Specifications Section 1. 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 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 mobilization 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) This task includes all the CONTRACTOR expenses for employee time, labor, materials, safety equipment and any other items 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.

SPECIAL REQUIREMENT: All employees working on the Venture project site are required to have current 40-hour OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER) training prior to the project start. Documentation of training for each employee must be provided to the PROJECT MANAGER with the SHEAP. Costs for training shall be included with Item 2.0.

The Project Safety Plan and documentation of employee OSHA training must be submitted to:

Craig Bissonnette Division of Reclamation, Mining & Safety

P.O. Box 1619 Leadville, CO 80461

FAX (303) 832-8106

At a minimum, the plan MUST provide specific, detailed responses to the attached list of safety concerns that are likely to present themselves during the course of Project completion. 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 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. No earthwork may begin until OWNER accepts the SHEAP. The job clock will continue to run in the interim.

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, OSHA 40-hour 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 2.1: Traffic Control Plan The power line road that will be used to haul mine waste to the containment cell area is narrow and is frequently used by bikers, hikers and vehicles. CONTRACTOR is responsible for developing and implementing a Traffic Control Plan (TCP) that will detail how hauling operations will be conducted as well as a plan for safely managing public traffic through the work zone.

Due to the confined work area and narrow haul road, two-way traffic cannot be accommodated.

CONTRACTOR must develop a plan describing how hauling activities will be coordinated to ensure a safe and organized operation. At a minimum, the plan must detail the type and quantity of equipment that will be used, flow and coordination of hauling activities, speed limits and methods of communication.

CONTRACTOR shall also develop a plan for safely managing public traffic through the work zone.

Due to the fact the power line road is a part of the established route used in the Leadville Race Series events, it receives a considerable amount of foot and bicycle traffic in addition to limited vehicle and ATV traffic. The TCP must be sufficiently detailed and describe how the CONTRACTOR intends to monitor, regulate and safely escort the public through the work zone during all phases of construction and especially during hauling activities. At a minimum, the TCP should include traffic control points (public intercept points), type and location of signage, notice and instructions to the public, protocols for managing traffic through the work zone, method of crew communication, mandatory operator safety practices and whether or not spotters will be used. PROJECT MANAGER must receive the Traffic Control Plan within five (5) working days of Notice to Proceed date.

CONTRACTOR will provide signs notifying the public of the reclamation project underway and instructions on how to safely proceed through the work zone. Two (2) identical, metal signs will be made and placed at designated locations at both ends of the work zone. Sign text will be developed with, and approved by, the PROJECT MANAGER prior to procurement. Signs shall be adequately sized to effectively notify and instruct the public of the existing hazards, but not smaller than twenty-four inches by twenty-four inches (24” x 24”). Price bid shall include sign fabrication and secure installation at the project site.

Owner will provide high visibility vests for the public to use when passing through the project site.

NOTE: Due to the Leadville Race Series, there will be mandatory work stoppages on these dates: July 29 through July 31, August 13 and August 20. During these dates, no work will occur and the job site must be left in an orderly condition and the roadway must be free of all equipment and obstructions.

Measurement and Payment No measurement for payment shall be made for developing and implementing the traffic control plan.

Payment for this task will be lump sum under Item 2.1 of the Bid Schedule. This lump sum bid shall cover all costs for developing and implementing the traffic control plan for the duration of the project, sign fabrication and all other items necessary and incidental to complete the requirements of this task. Payment of two-thirds the lump sum price bid for Item 2.1 shall be made with the first monthly progress payment after implementation of the traffic control plan. Payment of one-third 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: Sediment and Dust Control In order to prepare the site for construction, sediment control Best Management Practices (BMPs) and a dust control plan must be implemented prior to beginning reclamation tasks. Erosion Control measures shall be in accordance with Section 22 of the General Bid Specifications, 2009. It is the responsibility of the CONTRACTOR to ensure that sediment generated during the construction process does not migrate from the construction area. BMPs will be implemented to contain any sediment generated during earth moving and other reclamation activities. Sediment controls will be inspected and maintained for the duration of the project to ensure proper functionality.

Item 3.1: Sediment Control CONTRACTOR shall install one thousand five hundred (1,500) linear feet of ERTEC 14-inch high S- Fence (or pre-approved equivalent) along the southern perimeter of the waste rock containment cell, around the downhill edge of all material stockpiles, at outlets of sediment traps and where directed by the PROJECT MANAGER. All locations will be marked in the field by the PROJECT MANAGER.

S-Fence will be installed according to manufacturer’s specifications (included below) and before any ground disturbing activities. Sediment controls will remain in place following construction activities.

S-Fence or approved equivalent must meet the following specifications.

ERTEC 14” S-Fence Specifications (perimeter sediment control alternative to silt fence)

Description:

A. Size. Furnish “I” shaped sediment control device with a minimum height of fourteen (14) inches. Each segment shall be seven (7) feet long and have a minimum vertical freeboard of at least eleven (11) inches once installed.

B. Apparent Opening Size (AOS). Sediment Control System shall contain a filter fabric such that the AOS is between 200 and 250 microns. The Percentage Open Area should be greater than 20%.

C. Structure. Furnish sediment control system manufactured from recycled content non-biodegradable materials which are UV Stable for at least four (4) years. The system shall comprise semi-rigid, overlapping layers of thermally extruded, aperture polymeric high density polyethylene (HDPE) sheets, and one or more integrated filter sheets. The system shall be durable, such that it can be used for many subsequent jobs. The Sediment Control System shall have an integrated filter fabric.

D. Product Sheet. A copy of the manufacturer’s product sheet together with instructions for installation shall be furnished to the PROJECT MANAGER five (5) days prior to installation.

E. Stakes. Installations shall use wood stakes on the downstream side for reinforcement against high flows. Wood stakes shall be 1" x 2" x 18". Install stakes to within two (2) inches from the top of S-Fence. Stakes should be positioned every eighty (80) inches along the installation and at segment overlaps.

F.

F. Installation: Sediment control filter system shall be installed as follows:

1. Trench or slot shall be excavated at the downstream perimeter of the site or at elevation contours to a depth of at least three (3) inches and at least two (2) inches wide. The trench shall be cleared of obstructions including, but not limited to, rocks, clods, and debris greater than one (1) inch in any dimension.

2. Install stakes on downstream side, adjacent to trench, every eighty (80) inches.

3. Insert Sediment Control System into slot against the downstream wall of trench – then backfill remaining volume with native soil.

4. Overlap segments by at least four (4) inches.

5. Stakes shall be installed eighty (80) inches apart along the length on the downstream side of the Sediment Control System. Stakes shall be driven two (2) inches below the top of the Sediment Control System. Fasten the segments together and to each stake with two or three 1” drywall screws.

6. The ends of the Sediment Control System shall be dog-legged or angled up-slope to ensure water and sediment containment.

7. Sediment Control System shall be installed before the application of other erosion control or soil stabilization materials in the same area.

The intended function of the Sediment Control System is to disperse or spread concentrated water runoff, to reduce runoff velocities and to capture flowing sediment. If impaired, CONTRACTOR shall take action to repair the Sediment Control System. Split or torn segments shall be repaired or replaced. Broken or split stakes shall be replaced. Locations where rills and other evidence of concentrated runoff have occurred beneath the segments shall be corrected. Sediment Control System shall be repaired or replaced within 24 hours of identifying the deficiency.

One local source for S-Fence is provided below:

ERTEC ENVIRONMENTAL SYSTEMS

Representative: Chris Liller Montrose, Colorado Regional Manager CO, WY, UT www.cliller@ertecsystems.com www.ertecsystems.com 970-596-8928 970-417-4720

Payment for this task will be made at the unit price established in Item 3.1 of the Bid Schedule.

Sediment controls will be measured to the nearest linear foot (1.0’) and paid at the unit price bid on the Bid Schedule under Item 3.1. The price bid shall include all costs for labor, materials, equipment, maintenance and all other items necessary and incidental to complete the tasks as described in Item

3.1 including installation, removal and disposal. Sediment controls may remain in place following completion of construction activities if directed by the PROJECT MANAGER. Payment will be made upon completion of the described task and approval by the PROJECT MANAGER.

mailto:www.cliller@ertecsystems.com http://www.ertecsystems.com/

Item 3.2: Sediment Traps Surface water discharging from the project site will be routed through sediment traps for removal of suspended solids. CONTRACTOR shall construct up to three (3) sediment traps within Little Frying Pan Gulch below the work area as directed by the PROJECT MANAGER. Sediment traps will be twelve (12) feet in width (measured across the channel), twenty (20) feet in length and two (2) feet deep. The dimensions may need to be adjusted accordingly to accommodate the specific channel characteristics at each location. Ponds will be excavated into the existing stream channel at locations marked in the field by the PROJECT MANAGER. A shallow outlet structure six (6) inches

(6) deep and three (3) feet in width will be formed across the downstream edge. Outlet structure will be armored with hard, angular rip rap averaging four (4) to eight (8) inches in diameter.

If excavation of the sediment trap is impractical due to bedrock or other obstacles, embankments will be constructed with earthen material removed from the development of the containment cell. If required, compacted embankments will be two and one-half (2.5) feet in height with walls sloped at 2H:1V. CONTRACTOR will construct a riser pipe drain from ten (10) inch PVC pipe and 90-degree elbow. The drain will be positioned along the bottom of the pond. The inlet of the riser pipe will be positioned six (6) inches below the top of the downstream berm and the outlet will extend twelve (12) inches beyond the outside toe. The drain outlet will be armored with hard, angular rip rap averaging four (4) to eight (8) inches in diameter.

CONTRACTOR is responsible for the effective operation and maintenance of the sediment traps for the duration of the project. Sediment traps may need to be dredged up to six (6) times in order to maintain the ponds capacity and detention time. Dredged material will be placed in the containment cell.

NOTE: Construction of sediment traps will occur before any other earth moving activities in the drainage commences.

Measurement and Payment Payment for this task will be made at the unit price established in Item 3.2 of the Bid Schedule.

Measurement for payment will be for each sediment trap constructed as described. The price bid for constructing and maintaining each sediment trap will cover all costs for completing the activities required under this Item. Payment shall be as this task is completed and approved by the PROJECT MANAGER. Such payments shall be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to complete the tasks described.

Item 3.3: Dust Control Dust generated from the project area during work periods must be controlled and kept to a minimum.

Dust control, including application of water to working areas must be addressed throughout the life of the project.

CONTRACTOR shall submit a plan that describes how dust will be controlled during reclamation activities. The dust control plan must be submitted to, and be approved by the PROJECT MANAGER, prior to any work being conducted at the site. PROJECT MANAGER will either accept the plan as is or return it to the CONTRACTOR for modification. The plan must address dust control measures to be implemented during all phases of the project including material excavation, hauling, placement, grading and amendment mixing operations. The plan must describe what measures will be used to control dust generation, when those measures will be employed and what equipment will be available at the site to implement the dust control plan. PROJECT MANAGER must receive the dust control plan within five (5) working days of Notice to Proceed date.

If water is used for dust suppression, it must be supplied by the CONTRACTOR through a legally permitted source. Source of permitted water must be included in the dust control plan. One local source of water is Parkville Water District, 719-486-1449.

If it is determined that dust generation is not being adequately suppressed, PROJECT MANAGER will require the immediate application of water to occur.

Measurement and Payment No measurement for payment shall be made for developing and implementing the dust control plan.

Payment for this task will be lump sum under Item 3.3 of the Bid Schedule. This lump sum bid shall cover all costs for developing and implementing the dust control plan for the duration of the project and all other items necessary and incidental to complete the requirements of this task. Payment of two-thirds the lump sum price bid for Item 3.3 shall be made with the first monthly progress payment after implementation of the dust control plan. Payment of one-third 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 4.0: Establish Access Routes Little Frying Pan Gulch, where the mine waste piles designated for removal are located, is a deep incised channel with steep banks. In order to effectively access the channel to begin removal operations, travel routes will need to be established. Existing routes will be utilized, but moderate work will be required to re-construct the access to safely accommodate equipment and haulage traffic. Access routes must be sufficiently wide enough for the safe, repeated travel of all intended equipment.

Work will involve minor tree clearing, grubbing, widening and grading. If insufficient fill material is generated to properly construct the access, earthen material from the development of the containment cell will be used. Mine waste shall not be used to construct access routes. Any mine waste encountered during road improvements shall be excavated and placed in the containment cell.

As the mine waste piles are located within a live stream channel, any flowing water that cannot be effectively diverted around the active work area must be conveyed through culverts. Traveling through flowing water or causing substantial sedimentation into the stream channel is not permitted.

CONTRACTOR shall provide culvert with sufficient diameter, not less than twelve (12) inches, and length to effectively contain and convey the flow during removal and hauling operations. As work progresses and the stream is more easily diverted, culverts may be re-utilized in other working areas.

The entire length of stream channel through the project site is not required to be piped at one time, rather water must be managed through each specific work area.

Additionally, the power line road that will serve as access to the containment cell area will require some widening and grading in areas. CONTRACTOR shall make necessary road improvements to safely accommodate construction traffic or as directed by the PROJECT MANAGER. Road widening will be limited to a maximum of five (5) feet on either side of the road.

All road improvements and culvert installations will be done under the direction of the PROJECT MANAGER. CONTRACTOR is responsible for minimizing the amount of sediments entering the stream channel and for maintaining all access routes and water conveyances for the duration of the project. CONTRACTOR shall maintain the power line road one final time at the conclusion of the project work prior to demobilization. At the completion of the project work, CONTRACTOR shall remove all access roads and improvements and restore the area to its original condition.

No measurement for payment shall be made for establishing access routes. Payment shall be for the lump sum bid price under Item 4.0 of the Bid Schedule, and will be made upon completion of the specified tasks and approval by the PROJECT MANAGER. The price bid shall include all materials (culverts), labor, equipment and any other items necessary and incidental to complete the tasks as described.

Item 5.0: Construct Containment Cell A one and one-half (1.5) acre containment cell, located one-quarter mile (.25 mi / 1320 ft.) southwest of Little Frying Pan Gulch, will be constructed in gently sloping terrain in an area roughly two and one-half (2.5) acres in size. PROJECT MANAGER will mark the perimeter of the containment cell area. Prior to construction, the site will be cleared of all trees by a third party. All woody material will be chipped and stockpiled onsite for later use on the finished slope.

Item 5.1: Grub Containment Cell Site This Item covers the grubbing of the remaining stumps, roots and brush within the 2.5 acre area so that topsoil is left exposed. Grubbed material will be hauled away for offsite disposal. The trees are predominately small-diameter Lodgepole Pine, so grubbing excessively large stumps is not required.

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