Wise Hill Mine Coal Seam Excavation Project.pdf

STATE OF COLORADO BID

Project Name: Wise Hill Mine Coal Seam Excavation Project Bid Number: PKA‐17‐773

Fund: OSM: 452AA; 569E; 598E Pre‐Bid Meeting Date: July 27, 2016 Time: 12:30 P.M.

Bid Submittal Date: August 10, 2016 Time: 4:00 P.M.

Bid Opening Date: August 11, 2016_________Time: 10:00 A.M.____

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

Denver, Colorado 80203 is Hereby Acknowledged

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

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

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

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

5. TIME OF COMPLETION: The bidder agrees to complete the entire project within 292 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.

Wise Hill Mine Coal Seam Excavation Project

BID SCHEDULE

PKA-17-773

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

A Submittal of Pre- Qualification Materials N/A N/A N/A N/A

Mobilization/ Demobilization 1 Job N/A

2 Project Safety Plan 1 Job N/A

Sediment Control N/A N/A N/A

N/A

3.1

Provide and Install Ertec S- Fence of equivalent 2,000 Feet $ /ft

3.2

Install DRMS Provided S-fence 1,000 Feet $ /ft

3.3 Straw Wattles 2,200 Feet $ /ft

4 Dust Control 1

Lump Sum N/A

5 Stockpile Topsoil 2,500

Cubic Yard $ /yd3

Excavate Overburden and Coal 200,000

7 Blend Coal and Overburden 200,000

8 Backfill Excavation 200,000

9 Final Grade 3 Acres $______/acre

10 Replace Topsoil 2,500

11 Revegetation 3 Acres $______/acre

12 Additional Bid Items N/A N/A N/A

N/A

12.1 Additional Excavation* 15,000

12.2 Additional Blend Coal and Overburden* 15,000

12.3 Additional Backfill Excavation* 15,000

13 Survey for Volume Control* 15 survey $ /survey

GRAND TOTAL $__________________

*Bid Items 12.1, 12.2, and 12.3, and 13 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 1 Page(s)

State Form SBP-6.14 Rev. 9/2006

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

BID BOND

Institution/Agency:

Project No./Name:

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST

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

Name (Print) Signature

Name (Print) and Title

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

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

(Corporate Seal) THE SURETY

By __________________________________________ Secretary Attorney-in-Fact

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

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

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

As of 8/16/2012

LIST OF EQUIPMENT OFFERED

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

ITEM

MAKE

MODEL NUMBER

SERIAL NUMBER

YEAR

MANUFACTURED

THIS PAGE MUST BE RETURNED WITH YOUR BID

OR THE BID MAY BE CONSIDERED NON-RESPONSIVE

PAGE 1 OF 1 PAGE

SPECIAL CONDITIONS

Wise Hill Mine Coal Seam Excavation Project

PKA-17-773

PROJECT LOCATION

The project area is located immediately east of Highway 13 approximately four miles south of the town of Craig, in Moffat County, at 400 25’ 41.73”; 1070 38’ 44.39”, with an elevation of 6,330 feet.

The site is accessed from Highway 13, via the Double Eagle Mine entrance gate (see attached location map).

WORK SUMMARY

This project involves excavating approximately 200,000 cubic yards of burning coal and non-burning overburden. Burning coal will be blended with non-burning overburden, allowed to cool, and backfilled into the excavated areas. Following excavation and blending activities, the site will receive final grade and be revegetated.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held on Wednesday July 27, 2016 at 12:30PM, at the Empire Mine entrance, 4 miles south of the town of Craig. See attached Map for Pre-Bid Meeting location. If inclement weather occurs, the majority of the pre-bid will be held at an indoor location, however, we will still visit the site for a brief period of time.

The purpose of the Pre-Bid meeting is to afford potential bidders the opportunity to inspect the proposed work and access conditions. Attending the entire Pre-Bid meeting is mandatory.

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

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

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

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

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

WITHIN 15 FEET OF ANY VERTICAL MINE OPENING WITHOUT PROPER SAFETY

EQUIPMENT INCLUDING: SAFETY BELT OR HARNESS PROPERLY SECURED TO A

SAFETY LANYARD AND ANCHOR. NO ONE WILL BE ALLOWED TO EXAMINE ANY

HORIZONTAL MINE OPENING WITHOUT WEARING A HARD HAT.

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

SPECIAL REQUIREMENTS

This project involves working on an inactive mine within an ACTIVE Mine permit boundary.

Therefore, all construction activities (i.e.: excavating, revegetation, etc.) are regulated by the Mine Safety and Health Administration (MSHA). All CONTRACTOR personnel must have completed the 24-hour or 40-hour New Miner MSHA class, and have proof of class completion or refresher class completion within the past year. The site is subject to MSHA inspection at any time. Bid submittal certifies that all personnel will be MSHA certified prior to mobilization to the site. MSHA certificates for all employees must be presented with the site safety plan.

Additional requirements include having completed at least 2 large excavation projects, where greater than 50,000 cubic yards of materials were moved. Projects must have been completed within the last five years. Please see Bid Item A on the Bid Schedule. There will not be any payment for submittal of this information. This information MUST be submitted with the bid. Bids received from CONTRACTORs who fail to provide verifiable pre-qualification project experience will be considered unresponsive, and therefore the bid will be rejected.

BID SUBMITTAL

The Deadline for all bids to be submitted is no later than 4:00 p.m. on Wednesday August10, 2016.

All bids need to be submitted as 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. Electronic bids are NOT being accepted by the Vendor Self Serve system at this time.

A responsive bid must include the following, properly completed:

Bid Form Bid Schedule Bid Bond List of Equipment Pre-Qualification Documentation

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 (day after Bid Submittal) Thursday August 11, 2016 at 10:00 am.

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

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

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

RETAINAGE

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

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

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

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

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

BID AWARD

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

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

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

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

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 September 12, 2016 and June 30, 2017.

This includes ten (10) days mobilization time. These dates are tentative and may change.

TIME OF COMPLETION

The time of completion allowed for the project is 292 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.

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 Wise Hill Project area is located at approximately 6,300 feet within the Williams Fork Formation sandstones and shales. The Williams Fork Formation dips at approximately ten degrees (100) to the north, north east. The geology in the excavation area is primarily intermixed sandstones, shales, and claystones, with an approximately five to ten foot layer of topsoil/colluvium. Three coal seams exist within the project area, and all three are likely burning near the outcrop face. The Hart Seam is the deepest and largest of the burning coal seams. The fifteen foot thick seam was extensively mined in the early 1900’s-1950’s. The Hart Seam is too deep to be excavated, and will not be addressed by this project. The upper rider seams consist of the H and H3 Coal seams. Each seam is approximately five feet thick (5'), and likely burning in the areas closest to the outcrop (benched area). Both the H and H3 seams will be excavated for this project.

The project area is located within the Double Eagle Mine Permit Boundary. The site is accessed through a locked gate, which must remain locked throughout the duration of project activities.

DRMS will provide the CONTRACTOR with a key to the gate.

This project involves excavating and blending burning and non-burning materials, backfilling the excavation, and revegetating the disturbed areas. The specific Bid Items for this project include:

Bid Item 1 Mobilization/Demobilization Bid Item 2 Project Safety Plan Bid Item 3 Sediment Control Bid Item 4 Dust Control Bid Item 5 Stockpile Topsoil Bid Item 6 Excavate Coal and Overburden Bid Item 7 Blend Coal and Overburden Bid Item 8 Backfill Excavation Bid Item 9 Final Grade Bid Item 10 Replace Topsoil Bid Item 11 Revegetation Bid Item 12 Additional Bid Items Bid Item 13 Survey for Volume Control

BID ITEM 1 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/maintenance 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.

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

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

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

Upon completion of the work under this Contract, the CONTRACTOR shall remove all temporary facilities, temporary infrastructure and equipment. The CONTRACTOR shall remove from the work site all rubbish, unused materials, and leave all areas in good order and condition, subject to the approval of the PROJECT MANAGER.

Project construction work can take place seven (7) days a week during the hours of 6:00 a.m. and 7:00 p.m. The CONTRACTOR is required to notify the PROJECT MANAGER of their daily schedule at least one week prior. Failure to notify the PROJECT MANAGER will result in loss of payment for tasks completed during times that the PROJECT MANAGER was unaware of the CONTRACTORS presence on-site. NOTE that PROJECT MANAGER will be on-site Monday through Friday during normal business hours to conduct inspections.

FIREARMS

CONTRACTOR will Not permit the existence or use of firearms within the Project Area.

Measurement and Payment Payment for Bid Item 1 will be reflected in a lump sum bid price under Item 1 on the Invitation and Bid sheet. Payment will include all the CONTRACTORS expenses for mobilization of equipment to the site, provision and operation of a light dozer to maintain the site as needed, transportation of the equipment within the Project Area, MSHA certification of equipment, employee time, labor and materials necessary to accomplish the requirements of this Bid Item, compliance with the conditions and requirements described in this Bid Item description, and final clean up of the work place.

BID ITEM 2 PROJECT SAFETY PLAN

Project safety is of utmost importance. The project site and work locations are situated over or adjacent to a burning abandoned coal mine. Gases, which may vent from excavation areas and onsite fractures may be hot, and toxic in high concentrations.

Surface vents and fractures are common in and near the work area. Surface temperatures near vents over this fire can exceed 5000F.

CONTRACTOR will furnish a functional, calibrated multi-gas meter (combination carbon monoxide, methane, and oxygen meter) which will be in the cab of each piece of equipment working within the project area. Should the air quality alarm sound, all personnel will evacuate from the vicinity to an area with safe atmospheric conditions

A minimum three-man crew must be on-site at all times.

CONTRACTOR is required to have two (2) service – ready ABC-type fire extinguishers of 25-pound capacity each or equivalent, and two shovels with pointed spades on site at all times.

High tension power lines are located directly above the site, with two sets of power poles located within the project area. Caution must be taken when maneuvering heavy equipment in the vicinity of the power lines and power poles. The lines will NOT be energized during Project operations.

The job will involve working around burning and venting coal seams and outcrops, and it is the responsibility of the CONTRACTOR to be aware of all MSHA and site specific regulations which apply to this contract. This Bid Item includes all the Contractors expenses for employee time, labor, materials, and safety equipment and safety training necessary for preparing and executing a job safety plan. The Successful Bidder will be required to prepare the Project Safety Plan 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 tara.tafi@state.co.us

At a minimum, the plan MUST provide specific, detailed responses to the following 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, vehicle maintenance);

2. Use of personal safety equipment on the job site (Hard hats, hard toe foot wear, work gloves, safety glasses, hearing protection);

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

4. Fuel storage;

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

6. Fire prevention and safety;

7. Air Quality monitoring for all work conducted at drill locations;

8. Provision of respirator (s) for drill crew(s);

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

10. Evaluation and prevention of overhead material falling into the work place

11. Daily safety meetings.

12. MSHA compliance/training, certificates required at mobilization

13. Fire Prevention: CONTRACTOR must supply each work crew with two (2) five pound (5#)

Class A fire extinguishers. Additionally, each crew member must be supplied with one (1) sharpened round nosed shovel. These must be immediately available to the crew members for use should an uncontrolled ignition occur.

14. A multi-gas meter capable of measuring oxygen (O2), carbon monoxide (CO), and lower explosive limit for methane (LEL CH4) must be worn by the driller at all times. If the LEL alarm sounds, the drill must be immediately shut down to avoid a potential explosion of methane gas.

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

The above information was reviewed, received, and understood.

Contractor Representative:

Signature Date

Employee:

Signature Date

Measurement and Payment

There will be no measurement for payment. Payment for this Bid Item will be reflected in a lump sum bid under Item 2 on the Bid Schedule. This lump sum bid will cover all costs for developing and implementing the Project Safety Plan, including writing and revising the plan as required, provision and maintenance of safety equipment, conduct of daily safety meetings and all other items necessary and incidental to meeting the specifications of this Bid Item and of the Project Safety Plan. Payment shall be made as this Bid Item is completed and approved by Project Manager. Payment for this Bid Item will be made only on the final (before retainage) invoice.

BID ITEM 3 SEDIMENT CONTROL

Excavation and quenching activities, road building, and associated ground disturbance at the Wise Hill Mine Fire site have the potential to create sediment run-off from certain portions of the project area. Best Management Practices (BMPS’s) will be implemented to contain any sediment generated during earth moving and other reclamation activities. Erosion control BMP’s to be implemented include 10” ERTEC S-Fence (or pre-approved equivalent) along excavation boundaries and at the toe of all slopes being disturbed by reclamation activities. Erosion control will also be used above any depression or swale where sediment laden water could pool, and along the margins of any open water adjacent to ground disturbing activities. Straw Wattles will be utilized at the end of the project to protect regraded and revegetated slopes.

Bid Item 3.1 Provide, install and remove Ertec S-Fence (or pre-approved equivalent)

CONTRACTOR will provide and properly install S-Fence (or equivalent) according to the manufacturers installation guidelines and at the direction of the PROJECT MANAGER. An estimated 2,000 linear feet of S-fence will be used during project construction activities. All S-fence will be installed according to the manufacturer’s specifications, which are included below, and will be removed following completion of construction activities.

ERTEC 10” S-Fence Specifications

Perimeter Sediment Control– alternative to silt fence – non-traffic Sediment Control

GUIDE SPECIFICATION

PRODUCT:

S-Fence™

MANUFACTURER/LOCAL REPRESENTATIVE:

Chris Liller

ERTEC ENVIRONMENTAL SYSTEMS

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

1.0 Description:

Sediment Control System for non-traffic areas with concentrated flows shall conform to the details shown on the plans and these special provisions and shall be installed around the perimeter of areas with disturbed soil. The intended function of the Sediment Control System is to disperse or spread concentrated water runoff, to reduce runoff velocities and minimize the off-site flow of sediment.

2.0 Material:

Sediment Control System for non-traffic perimeters. Provide, sediment control device as shown on the plans.

A. Size. Furnish “I” shaped sediment control device with a height of 10 inches, or as shown on the plans. Each segment shall be 7 feet long and have minimum vertical freeboard of at least 10 (7” installed) and is installed around construction sites with disturbed soil or at the base of slopes.

B. Apparent Opening Size. 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 (minimum 90% HDPE) non-biodegradable materials which are UV Stable for at least 4 years. The system shall comprise semi-rigid, overlapping layers of thermally extruded, apertured 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. The system shall be recyclable at the end of life. The system shall also conform to the following:

Specification Requirements Height, inches, min. 10 /14 Mass per Unit Weight, (pounds/foot) (maximum – wet or dry)

0.35 / 0.48

Tensile Yield ASTM D-638 (lb/in2) 1800 - 2800 Ultimate Tensile Strength: ASTM D-638 (lb/in2) 2000 - 2800

Specification Requirements Filter Average Opening Size (AOS) (ASTM D 4751) , microns

Ultraviolet stability (outer jacket & filter), percent tensile strength retained after 500 hours, min. ASTM Designation: D 4355

San Diego State University SERL soil retention test – 3 consecutive 10 yr storms

81%

Life in application (years - minimum) 4+ Recycled Material Content (minimum) 90% Reusable and Recyclable YES

* or appropriate test method for specific polymer

D. Product Sheet. A copy of the manufacturer’s product sheet together with instructions for installation shall be furnished to the Engineer 5 days before installation.

E. Stakes. Installations shall use ½” rebar metal stakes on the downstream side for reinforcement against high flows. Install stakes to within 2” from the top of S-Fence. Stakes should be positioned every 80 inches along the installation – at segment overlaps.

3.0 Installation:

Sediment control filter system shall be installed as follows:

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

B. Install stakes on downstream side, adjacent to trench, every 80 inches.

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

D. Overlap segments by at least 4 inches.

E. Stakes shall be installed 80 inches apart along the length on the downstream side of the Sediment

Control System. Stakes shall be driven 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.

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

G. 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 a very high percentage of flowing sediment. If impaired, the 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.

Measurement will be by the lineal foot of S-Fence provided, installed and removed. PROJECT MANAGER will measure the lineal feet of S-Fence installed and accepted, and report the measured footage to CONTRACTOR. The price bid shall include all costs for labor, materials, equipment and all other items necessary for provision, installation and removal of the Ertec S Fence as described in these specifications. Payment will be made only for the unit price bid in Item 5 of the Bid Schedule, and as work is completed and accepted by PROJECT MANAGER.

Bid Item 3.2 Install, and Remove DRMS Provided S-Fence

CONTRACTOR will properly install S-Fence according to the manufacturer’s installation guidelines (listed in section 3.1) and at the direction of the PROJECT MANAGER. An estimated 1,000 linear feet of S-fence will be provided by DRMS and installed by the CONTRACTOR. All S-fence will be installed according to the manufacturer’s specifications, which are included below, and will be removed following completion of construction activities. The S-fence is currently located within the project area. It must be removed from the current location, and re-installed at the direction of the PROJECT MANAGER. The S-Fence will be removed upon completion of the project, and recycled or re-used, as directed by the Project Manager.

Measurement and Payment

Measurement will be by the lineal foot of S-Fence installed and removed following project completion. PROJECT MANAGER will measure the lineal feet of S-Fence installed and accepted, and report the measured footage to CONTRACTOR. The price bid shall include all costs for labor, materials, equipment and all other items necessary for installation of the Ertec S-Fence (or equivelent)as described in these specifications. Payment will be made only for the unit price bid in Item 5 of the Bid Schedule, and as work is completed and accepted by PROJECT MANAGER.

Bid Item 3.3 Straw Wattles

Straw Wattles will be used for sediment control following the completion of earth moving operations, placed along contour of reconstructed slopes, every fifty feet (50') of slope length throughout the project area. CONTRACTOR will provide and place straw wattles at the direction of the PROJECT MANAGER. An estimated 2,200 linear feet of straw wattles may be used for this project.

Acceptable straw wattles will be manufactured from rice straw, and must be wrapped in tubular plastic netting. The netting, which must have a strand thickness of 0.03 inches, must consist of 85% high density polyethylene, 14% ethyl vinyl acetate and 1% color for ultra violet inhibition. The wattles must be a nominal nine (9) inches in diameter and a nominal twenty five (25) feet long, with a weight of approximately thirty five (35) pounds each.

Wattles will be installed on contour in trenches that are three to five inches (3” – 5”) in depth, and nine inches (9”) wide. Wattles will be anchored in the trench by 1” x 1” by 24” stakes on four (4) foot centers. The ends of adjacent wattles must be butted one to another. Wattles must be

CERTIFIED WEED FREE.

Measurement and Payment

Measurement will be by the lineal foot of straw wattles installed. PROJECT MANAGER will measure the lineal feet of straw wattles installed and accepted, and report the measured footage to CONTRACTOR. The price bid shall include all costs for labor, materials, equipment and all other items necessary for provision and installation of the straw wattles as described in these specifications. Payment will be made only for the unit price bid in Item 3.3 of the Bid Schedule, and as work is completed and accepted by PROJECT MANAGER.

BID ITEM 4 DUST CONTROL

Dust generated from the project area, during both work and non-work times, must be minimized and controlled throughout the duration of the project. Dust control, including the application of water to working areas must be addressed throughout the entirety of the project. Water is available on-site. CONTRACTOR must provide at least one (1) 21,000 gallon frac tank for water storage within the project area, to be used for dust control.

The CONTRACTOR is required to submit a Dust Control Plan prior to reclamation construction activities. The dust control plan must be submitted to and approved by the DRMS PROJECT MANAGER, prior to the start of earth moving activities. PROJECT MANAGER will either approve the plan, or return it to the CONTRACTOR for revisions. The plan must address dust control measures to be implemented during excavation, hauling, grading, mixing and final placement of materials. The plan must include dust control for on-site roads/haulage ways, as well. The plan must describe what measures will be taken to control dust, and what equipment will be utilized to employ those measures.

Measurement and Payment

There will be no measurement for payment. Payment for this Bid Item will be reflected as a lump sum bid, under Item 4.0 on the Bid Schedule. This lump sum bid will cover all costs for developing and implementing the Dust Control Plan, including writing and submitting the plan to the Project Manager, revising the plan as required, supplying all necessary staff and equipment, and other items necessary and incidental to implementing the plan according to the accepted specifications

BID ITEM 5 STOCKPILE TOPSOIL

All topsoil and topsoil-like materials, as determined by PROJECT MANAGER, from within the proposed surface disturbance area will be collected and stored for use during reclamation operations.