Yellowstone Mill Project_Part1.pdf

STATE OF COLORADO BID

Project Name: Yellowstone Mill Project

Bid Number: PKA-15-750

Fund: YEL1

Pre-Bid Meeting Date: April 9, 2015 Time: 2:30 pm

Bid Submittal Date: April 27, 2015 Time: 4:00 pm

Bid Opening Date: April 28, 2015__Time: 10:00 am ________

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

Receipt of Addenda Nos.

is Hereby Acknowledged

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

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

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

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

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

5. TIME OF COMPLETION: The bidder agrees to complete the entire project within 45 calendar days from the Notice to Proceed, subject to Article 33 TIME OF COMPLETION and Article 39 LIQUIDATED DAMAGES, of The General Conditions of the Contract. If awarded this work, the bidder agrees to begin work within ten (10) days from the date of the Notice to proceed and agrees to prosecute the work with due diligence to completion.

6. EXECUTION OF DOCUMENTS: The bidder understands that if this Bid is accepted, he must execute the required

Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance and any other documents required by the Special Conditions within ten (10) days from the date of the Notice of Award.

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

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

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

THE BIDDER

Signature

Name and Title (Typed or Printed)

Company Name

Address

Phone #

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

Vice President.

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

Return by April 27, 2015 at 4:00 P.M. to: Receipt of Addenda Nos._______________ is hereby acknowledged Submit Electronically:

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

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

YELLOWSTONE MILL PROJECT

BID SCHEDULE

PKA-15-750

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1. Mobilization/Demobilization 1 each N/A $

2. SHEAP 1 each $ $

3. Sediment Controls N/A N/A N/A N/A

3.1 Install Ertec S-Fence 500 feet $ /ft $

3.2. Straw Wattles 1,900 feet $ /ft $

4. Site Preparation 1 Job $ $

5. Purchase and Deliver Pulverized Limestone 250 Yds3 $ /yd3 $

6. Purchase and Deliver Compost 300 Yds3 $ /yd3 $

DO NOT AMEND ANY PART OF THIS BID SCHEDULE

ALL PAGES OF THIS BID SCHEDULE MUST BE RETURNED

ALL LINES ITEMS MUST BE COMPLETED

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

YELLOWSTONE MILL PROJECT

BID SCHEDULE

7. Purchase and Deliver Straw Mulch 3 Tons $ /ton $

8. Mix Soil and Amendments 1.5 Acre $ /acre $

9. Final Grade 1.5 Acre $ /acre $

10. Waste Pile Treatment N/A N/A N/A N/A

10.1 Pulverized Limestone Treatment 45 Yds3 $ /yd3 $

10.2 Portland Cement Treatment 15 Tons $ /ton $

11. Additional Excavator Time* 30 Hours $ /hr $

12. Additional Soil Amendments* N/A N/A N/A N/A

12.1 Additional Purchase and Deliver Pulverized

Limestone* 100 Yds3 $ /yd3 $

12.2 Additional Purchase and Deliver Compost* 100 Yds3 $ /yd3 $

GRAND TOTAL $

*Item 11, 12.1, and 12.2 are 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 Page(s)

State Form SBP-6.14 Rev. 9/2006

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

BID BOND

Institution/Agency:

Project No./Name:

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST

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

Name (Print) Signature

Name (Print) and Title

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

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

(Corporate Seal) THE SURETY

By __________________________________________ Secretary Attorney-in-Fact

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

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

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

As of 8/16/2012

LIST OF EQUIPMENT OFFERED

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

ITEM

MAKE

MODEL NUMBER

SERIAL NUMBER

YEAR

MANUFACTURED

THIS PAGE MUST BE RETURNED WITH YOUR BID

OR THE BID WILL BE CONSIDERED NON-RESPONSIVE

PAGE 1 OF 1 PAGE

SPECIAL CONDITIONS

YELLOWSTONE MILL RECLAMATION

PROJECT LOCATION

The project is located approximately 10 miles west of the town of Lake City, Colorado, in Hinsdale County. Please see the attached maps.

WORK SUMMARY

The project work will include in-site soil treatment, mixing of soils with specified amendments, site grading, revegetation, and installation of storm water controls.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held at 2:30PM on Thursday, April 9, 2015.

The meeting will be at The Upper Gunnison Water Conservation District, located at 210 Spencer Avenue in Gunnison, CO. Please see attached map for the pre-bid meeting location. From highway 50, turn north on Highway 135 towards Crested Butte (also Main Street). Turn left at Spencer Avenue, approximately 1 mile from the intersection of highway 50 and 135. Wal-Mart is located on the southeast corner of the intersection of Spencer and Highway 135. The Upper Gunnison Watershed Conservation District is located on the north side of Spence Avenue, and is connected to BLM Gunnison Field Office.

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.

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

BID SUBMITTAL

The Deadline for all bids to be submitted is no later than 4:00 p.m. Monday, April 27, 2015.

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

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

A responsive bid must include the following, properly completed:

• Bid Form

• Bid Schedule

• Bid Bond

• List of Equipment Offered

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

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

All bid items must be priced or the bid will be disqualified. In case of error in the extension of price, the unit price shall govern. If a Bid Schedule is included it must also be returned with the bid. The quantities listed on which unit prices are requested are estimates only. The prices indicated on the Bid Schedule and included in the Contract Documents shall include the cost of all labor and materials, equipment and services, and all other expenses necessary for the completion of the work. Alternate bids will not be accepted. Bids must be signed as follows:

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

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

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

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

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

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

BID OPENING DATE

The bid opening date for this project is Tuesday, April 28, 2015 (day after Bid Submittal) at 10:00 am.

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

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

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

RETAINAGE

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

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

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

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

BID AWARD

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

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

GENERAL BID SPECIFICATIONS

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

PROJECT DATES

The project is scheduled for construction between June 1, 2015 and July 15, 2015. This includes ten (10) days mobilization time. These dates are tentative and may change.

TIME OF COMPLETION

The time of completion allowed for the project is 45 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, Bureau of Land Management through CFDA 15.236.

AMERICANS WITH DISABILITIES ACT

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

CORA DISCLOSURE

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

STATEWIDE CONTRACT MANAGEMENT SYSTEM

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

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

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

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

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

PROJECT WORK DESCRIPTION

This project includes reclamation of approximately 1.5 acres of lands, contaminated by past milling operations. The soils are contaminated with lead and arsenic, and are very acidic. Reclamation will include mixing the upper twelve inches (12") of soil with pulverized limestone (CaCO3) and compost. Additionally, revegetation materials will be transported to the site and stockpiled for a fall revegetation effort (not part of this contract).

Project Tasks include:

Task 1 Mobilization/Demobilization Task 2 Health and Safety Plan Task 3 Sediment Controls Task 4 Site Preparation Task 5 Purchase and Deliver Pulverized Limestone Task 6 Purchase and Deliver Compost Task 7 Purchase and Deliver Straw Mulch Task 8 Mix Amendments Task 9 Final Grade Task 10 Waste Pile Treatment Task 11 Additional Excavator Time Task 12 Additional Soil Amendments

TASK 1.0 MOBILIZATION/DEMOBILIZATION

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

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

NOXIOUS WEEDS

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

Measurement and Payment

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

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

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

The Project Safety Plan must be submitted to:

Tara Tafi PO Box 1192 Gunnison, CO 81230

FAX (303) 832-8106

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

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

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

3. Provision of first aid kit for each work crew

4. Fuel storage;

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

6. Fire prevention and safety;

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

8. Accident prevention and safety when operating motorized equipment;

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

10. Traffic safety for Engineer Pass Road;

11. Daily safety meetings.

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

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

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

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

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

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

The above information was reviewed, received, and understood.

Contractor Representative:

Signature Date

Employee:

Signature Date

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

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

TASK 3.0 SEDIMENT CONTROLS

Construction activities associated with the Yellowstone Mill Project 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 revegetation activities. Erosion control BMP’s to be implemented include Ertec S-Fence along excavation boundaries and at the toe of all slopes being disturbed by construction. Erosion control will also be used above any depression or swale where sediment laden water could migrate off-site. Following final grading and revegetation preparation of the reclaimed areas, straw wattles will be placed perpendicular to the slope (along contour) every fifty feet (50') along the slopes of the site.

CONTRACTOR will provide and properly install Ertec S-Fence and straw wattles at the direction of the PROJECT MANAGER.

Task 3.1 Install Ertec S-Fence Preliminary project completed work, completed in 2012, included slash and burn of dead fall and dead standing trees, and installation of 500 feet of Ertec S-Fence. This task includes the removal and re-installation of the on-site Ertec S-fence according to the manufacturers specifications. All Ertec S-Fence must be removed and recycled following the completion of the project. Ertec S-fence will be placed around the perimeter of the project area, where sediment laden water may leave the project area and flow into the surrounding forest. The S-fence will be removed at the end of the project and recycled.

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 www.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 14 inches, or as shown on the plans. Each segment shall be 7 feet long and have minimum vertical freeboard of at least 10” or 14” (7” or 11” 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, mailto:www.cliller@ertecsystems.com http://www.ertecsystems.com/ 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 #4 Rebar stakes (1/2") on the downstream side for reinforcement against high flows. Rebar stakes shall be ½" x 18". 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 S-Fence to the stakes using wire or zip-ties.

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.

ERTEC S-fence will be measured to the nearest linear foot. Payment for this task will be paid for at prices established in Item 3.1 of the Bid Schedule per linear foot installed. Such payment shall be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to the installation of the S-Fence as directed and described in the specifications.

Payment will be as this task is completed and approved by the PROJECT MANAGER. Payment for this task will be made only for the unit price shown under Item 3.1 of the Bid Schedule.

Task 3.2 Straw Wattles

Straw Wattles will be used for sediment control following the completion of earth moving operations, placed along contour, every fifty feet (50') throughout the project area. CONTRACTOR will provide and place straw wattles at the direction of the PROJECT MANAGER. An estimated 1,900 linear feet of straw wattles will 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 3.2 of the Bid Schedule, and as work is completed and accepted by PROJECT MANAGER.

TASK 4 SITE PREPARATION

Initial preparation of the project area is necessary, before earth moving operations can begin.

Several large piles (Approximately 20) of burned wood are stockpiled throughout the project area.

Large logs (>3' long, 4" in diameter) must be removed from the work area and stockpiled for use in final grading.

The 1.5 acre area must be roughened and loosened, to prepare the site to receive soil amendments and revegetation. This will be accomplished by loosening the upper eighteen inches (18") of soil. Preparation of the soil surface can be accomplished using an excavator, dozer with ripper shanks, or other heavy equipment, capable of loosening the upper eighteen inches (18") of soil. The area will be thoroughly ripped so that the entire surface of the site is loosened to a depth of eighteen inches (18").

Additional site preparation will include placing temporary construction fencing around historical artifacts that cannot be disturbed during reclamation, clearing deadfall located within the access road(s), and constructing temporary access roads throughout the site to deliver soil amendments.

Temporary fencing will be orange plastic netting, Conwed or equivalent, and will be placed approximately 30’ from the historical structures on all sides. An estimated one hundred and fifty feet (150’) of plastic construction fencing will be placed around the structures.

There will be no measurement for payment. Payment for this Task will be reflected in a lump sum bid under Item 4 on the Bid Schedule. This lump sum bid will cover all costs associated with the preparation of the soil surface, clearing large logs from the work area, construction of temporary access roads throughout the project area, fencing of historical artifacts, and clearing deadfall within the access road, as described above. Payment shall be made as this Task is completed and approved by PROJECT MANAGER.

TASK 5 PURCHASE AND DELIVER PULVERIZED LIMESTONE

This task includes purchasing pulverized limestone from a commercial source and delivering the product to the project area.

Limestone can be hauled to Capitol City in highway vehicles, along the Engineer Pass Road.

Articulated haul trucks are REQUIRED for use to haul the limestone from Capitol City to the Project area, approximately 1.25 miles. The limestone will be staged along the Engineer Pass Road, at an area yet to be determined. An end dump truck will be required to dump the pulverized limestone within the staging area. Side dump trucks will NOT be permitted.

A pilot car will be required to precede full and empty trucks on Engineer Pass Road from Lake City to the Project Area and returning.

The CONTRACTOR will procure and deliver 250 cubic yards of pulverized limestone to the project area. Acceptable material will be limestone (CaCO3), pass a minimum minus 60 mesh sieve (100% passes minus 60 Mesh), and be between 80% and 100% calcium carbonate equivalent (CCE) (80<%CCE>100). Lime kiln dust (CaO) will NOT be accepted.

Pulverized limestone can be procured from the Colorado Lime Company, located in Delta and Salida, CO. Other commercial sources may be acceptable, if they meet the above specifications, but must be approved by the PROJECT MANAGER prior to purchase and delivery.

Documentation of the gradation and purity of offered limestone must be provided to PROJECT MANAGER within 10 days of the Notice to Proceed.

Measurement and Payment Payment for this task will be made at the unit price established in Item 5 of the Bid Schedule.

Measurement for payment will be made per ton of pulverized limestone procured and delivered to the Yellowstone Mill Project. Payment for this task will be upon completion of delivery and upon approval of the PROJECT MANAGER. Such payment shall be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to the completion of the Bid Item as specified.

TASK 6 PURCHASE AND DELIVER COMPOST

This task includes purchasing and delivering compost to the project area. The CONTRACTOR will procure 300 cubic yards of compost from the Gunnison Wastewater Treatment Plant or approved equivalent and deliver it to the project area. An Approved equivalent must be approved by the DRMS PROJECT MANAGER prior to purchase and delivery.

Measurement and Payment Payment for this task will be made at the unit price established in Item 6 of the Bid Schedule.

Measurement for payment will be made per cubic yard of compost procured and delivered to the Yellowstone Mill Project. Payment for this task will be upon completion of delivery and upon approval of the PROJECT MANAGER. Such payment shall be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to the completion of the Bid Item as specified.

TASK 7 PURCHASE AND DELIVER STRAW MULCH

This task includes purchasing and delivering straw mulch to the project area. All straw mulch must be Certified Weed Free. A total of three (3) tons of Certified Weed Free straw mulch must be purchased and delivered to the project area. The straw much will be stored on site until the fall revegetation project, and must be covered with a heavy duty tarp to protect it from the weather while it is stored on-site. The tarp must be secured to the ground so that it will not blow off during high winds.

Measurement and Payment Payment for this task will be made at the unit price established in Item 7 of the Bid Schedule.

Measurement for payment will be made per ton of Certified Weed Free Straw Mulch procured and delivered to the Yellowstone Mill Project and covered as specified. Payment for this task will be upon completion of delivery and upon approval of the PROJECT MANAGER. Such payment shall be considered full compensation for all labor, materials, equipment and all other items necessary and incidental to the completion of the Bid Item as specified.

TASK 8 MIX SOIL AND AMENDMENTS

The mill tailings and contaminated soils throughout the 1.5 acre project area will be amended with the pulverized limestone and compost described in Tasks 5 and 6. Following procurement and delivery of pulverized limestone and compost, the amendments will be uniformly spread as described below over the surface of the project area, starting at the lowest portion of the western lobe of contaminated soil, and moving uphill to the north and east. The amendments will be evenly mixed into the upper twelve inches (12") of soil, or the total depth of contaminated materials, as directed by the PROJECT MANAGER, whichever is a greater depth. For bidding purposes, assume the depth of amendment mixing will be twelve inches (12") across the entire site.

However, due to the variations in soil depth and shallow bedrock, actual depths of soil mixing may vary from six inches (6") to twenty-four inches (24"), as directed by the PROJECT MANAGER.

The limestone amendment will be mixed into the soil at a minimum rate of 8% by weight. To accomplish this by weight percentage application rate, the pulverized limestone will be initially spread across the surface of the site to a minimum depth of one inch (1").

Similarly, the compost will be evenly spread across the site to a minimum depth of one and a half inches (1½"). Depths will be verified by the PROJECT MANAGER prior to initiation of the mixing process.

Soil mixing MUST be accomplished using an ALLU mixing bucket for an excavator, or approved equivalent. The CONTRACTOR must be able to obtain an ALLU mixing bucket, or approved equivalent prior to mobilization to the project area. The ALLU Mixing Bucket, or offered alternative must be included on the List of Equipment Offered. Specifications for an offered equivalent must be submitted to the PROJECT MANAGER within five (5) days of Notice to Proceed. PROJECT MANAGER will accept or reject the offered equivalent within five (5) days of receipt of the proposal from CONTRACTOR.

Soil and amendments (combined compost and pulverized lime) will be uniformly mixed and returned to their original surface location so that upon completion no mounds of mixed material remain on the ground surface, nor will any large depressions in the ground surface be present.

Acceptable soil mixing will uniformly combine the two amendments with the soil into the upper twelve inches (12") of the soil profile, without leaving pockets of compost or lime within the soil profile. PROJECT MANAGER will approve soil mixing in each discreet area prior to CONTRACTOR moving to the next discreet mixing area. Approximately 2,420 yds3 of contaminated soil over 1.5 acre will be mixed for this task.

Measurement for Payment Measurement and payment for this task will be to the nearest 0.1 acre, and paid at the unit price bid on the Bid Schedule Item 8. The price bid should include all costs for labor, materials, equipment, and all other items necessary for mixing soils and amendments per the above specifications. Payment for this task will be made only for the unit price shown under Item 8 of the Bid Schedule. Payment shall be as this task is completed and approved by the PROJECT

MANAGER.

TASK 9 FINAL GRADE

This task includes grading the amended areas to blend with the surrounding landscape, and provide an extremely scarified surface to preclude surface erosion. This task also involves seeding the project area with a sterile cover crop. The total area to be graded is approximately 1.5 acres.

All areas subject to mixing operations, as well as other areas if so designated by PROJECT MANAGER will be graded so that, when completed, the affected area topography will match the original contour of the project area, and blend with the grade of the immediately adjacent landscape.

Surface scarification must occur where bedrock is not exposed throughout the 1.5 acre project area. Scarification will be accomplished by tracked machine, and will create benches on barren slopes that are not bedrock. The benches will be a minimum twelve inches (12”) wide, cut perpendicular to the fall of the slope on contour, by approximately six inches (6”) deep (cut into the slope) creating a back wall of six to eight inches (6-8) inches in height. The benches will be created in an offset pattern from top to bottom of the slope. Shelves will be no further than two feet (2’) apart, from edge to edge perpendicular to the fall of the slope (on contour), and no further than four feet (4’) apart as measured parallel to the fall of the slope. Crews must start at the bottom of the project area, and work up to the access road. This task will be completed primarily using tracked equipment.

Following site grading and scarification, the project area will be seeded with a sterile cover crop, provided by PROJECT MANAGER. Seed will be hand broadcast and lightly raked into the surface.

The large logs, stockpiled in Task 3, will be placed throughout the project area, as directed by

PROJECT MANAGER.

Measurement and Payment Measurement and payment for this task will be to the nearest 0.1 acre, and paid at the unit price bid on the Bid Schedule Item 9. The price bid should include all costs for labor, materials, equipment, and all other items necessary for grading and scarifying the excavated areas. Payment for this task will be made only for the unit price shown under Item 9 of the Bid Schedule.