Packet for Bid PM8054

8/14/2019 Packet for Bid PM8054

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STATE OF UTAH

SOLICITATION NO. PM8054

Construction, Abandoned Hardrock Metal Mine Reclamation

RESPONSES ARE DUE PRIOR TO:

Jul 16, 2008 2:00:00 PM MDT

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

www.rfpdepot.com

RESPONSES MAY BE MAILED OR DELIVERED TO:

State of UtahDivision of Purchasing

3150 State Office Building, Capitol HillSalt Lake City, Utah 84114-1061

State of Utah Bid PM

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Bid PM8054Construction, Abandoned Hardrock Metal Mine Reclamation

Bid Number PM8054

Bid Title Construction, Abandoned Hardrock M etal Mine Reclamation

Bid Start Date Jun 25 , 2008 10:24:30 AM MDT

Bid End Date Jul 16, 2008 2:00:00 PM MDT

Question & Answer

End DateJul 11, 2008 2:00:00 PM MDT

Bid Contact Paul F Mash

Utah Division of Purchasing

Contract Duration See Specifications

Contract Renewal Not Applicable

Prices Good for 90 daysPre-Bid Conference Jul 1, 2008 10:30:00 AM MDT

Attendance is optionalLocation: AN OPTI ONAL PRE-BID MEETING WI LL BE HELD FOR ALL BIDDERS ONTUESDAY, JULY 1, 2008 A T 10:30 A.M. Meet at the Tintic Caf on the eastern edge ofthe town of Eureka, across from the Tintic High School. The meeting is expected to lastmost of the day and will involve driving and hiking over rugged terrain. High clearancefour-wheel-drive vehicles are recommended. This meeting is optional. Because of thespecial nature of abandoned mine closure w ork, bidders are strongly encouraged toattend the pre-bid meeting. NOTE: Portions of and access to sites are within or abovethe Eureka Mills Superfund site. All contractors visiting the site where access is on theSuperfund site are required to check at the Site Management Office located at 210South Eagle Street, Eureka.

Bid Comments The work consists of reclamation construction at 116 abandoned hardrock metal mines

located near Eureka, Juab County, Utah. The w ork includes steel fabrication andinstallation, excavation and backfil l ing, and revegetation of abandoned mine openings.The project will require manual labor, as well as backhoe, trackhoe, and/ or small dozerwork. Details of the w ork are contained in the attached documents..

The document entitled "Electronic Bid Submission Document" represents Chapter 2 ofthe Construction Specifications Folder.

Any conflicts between the hardcopy documents and the electronic documents shall beresolved in favor of the electronic documents. It is the sole responsibility of the bidderto regularly check this solicitation for any addenda as may be issued. All addenda w illbe issued through the electronic system.

All questions must be su bmitted through the electronic bidding system

A 5% bid security and a 100% payment/ performance bond is required. The bid securitymay be scanned and uploaded w ith the electronic bid, submitted via fax to (801) 538-3882, or delivered in person to the Division of P urchasing and General Services. Ifsubmitting the bid security via fax or in person the bid number must appear on the faxcover sheet or the outside of the envelope containing the bid security. (Refer to the"I nstructions to Bidders" document for further information)

Copies of any documents requested in the specifications may be scanned orelectronically attached to the bid w hen placing an offer. Please contact RFP DepotVendor Support for assistance in submitting your bid or uploading attachments.


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ATTACHMENT A: STATE OF UTAH STANDARD TERMS AND CONDITIONS

1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63-56, Utah Code Annotated, 1953, as amended,

Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchasecertain specified services, and other approved purchases for the State.

2. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall be governed by the

laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out ofthis Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County.

3. LAWS AND REGULATIONS: The Contractor and any and all supplies, services, equipment, and construction furnished underthis contract will comply fully with all applicable Federal and State laws and regulations.

4. RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of all records necessary toproperly account for the payments made to the Contractor for costs authorized by this contract. These records shall be retained by theContractor for at least four years after the contract terminates, or until all audits initiated within the four years, have been completed,whichever is later. The Contractor agrees to allow State and Federal auditors, and State Agency Staff, access to all the records to thiscontract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment.

5. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the State of

Utah, unless disclosure has been made in accordance with 67-16-8, Utah Code Annotated, 1953, as amended.6. CONTRACTOR, AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall

have no authorization, express or implied, to bind the State to any agreements, settlements, liability, or understanding whatsoever,and agrees not to perform any acts as agent for the State, except as herein expressly set forth. Compensation stated herein shall bethe total amount payable to the Contractor by the State. The Contractor shall be responsible for the payment of all income tax andsocial security amounts due as a result of payments received from the State for these contract services. Persons employed by theState and acting under the direction of the State shall not be deemed to be employees or agents of the Contractor.

7. INDEMNITY CLAUSE: The Contractor agrees to indemnify, save harmless, and release the State of Utah, and all its officers,

agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out ofthe performance of this contract which are caused in whole or in part by the acts or negligence of the Contractor's officers, agents,volunteers, or employees, but not for claims arising from the State's sole negligence.

8. EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights

Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant orrecipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No.11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age;and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination onthe basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated March 17, 1993, which prohibits

sexual harassment in the work place.9. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of this contract is

illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless the provisions aremutually dependent.

10. RENEGOTIATION OR MODIFICATIONS: This contract may be amended, modified, or supplemented only by written

amendment to the contract, executed by the same persons or by persons holding the same position as persons who signed the originalagreement on behalf of the parties hereto, and attached to the original signed copy of the contract. Automatic renewals will not applyto this contract.

11. DEBARMENT: The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for

debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmentaldepartment or agency. If the Contractor cannot certify this statement, attach a written explanation for review by the State. TheContractor must notify the State Director of Purchasing within 30 days if debarred by any governmental entity during the Contractperiod.

12. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause byeither party, in advance of the specified termination date, upon written notice being given by the other party. The party in violationwill be given ten (10) working days after notification to correct and cease the violations, after which the contract may be terminatedfor cause. This contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60)days prior written notice being given the other party. On termination of this contract, all accounts and payments will be processedaccording to the financial arrangements set forth herein for approved services rendered to date of termination.

13. NONAPPROPRIATION OF FUNDS: The Contractor acknowledges that the State cannot contract for the payment of funds not

yet appropriated by the Utah State Legislature. If funding to the State is reduced due to an order by the Legislature or the Governor,or is required by State law, or if federal funding (when applicable) is not provided, the State may terminate this contract orproportionately reduce the services and purchase obligations and the amount due from the State upon 30 days written notice. In the

case that funds are not appropriated or are reduced, the State will reimburse Contractor for products delivered or services performedthrough the date of cancellation or reduction, and the State will not be liable for any future commitments, penalties, or liquidated


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damages.14. SALES TAX EXEMPTION: The State of Utahs sales and use tax exemption number is E33399. The tangible personal property or

services being purchased are being paid from State funds and used in the exercise of that entitys essential functions. If the itemsbeing purchased are construction materials, they will be converted into real property by employees of this government entity, unlessotherwise stated in the contract.

15. WARRANTY: The Contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or

software products) that it licenses, contracts, or sells to the State of Utah under this contract for a period of one year, unless otherwise

specified and mutually agreed upon elsewhere in this contract. The Contractor (seller) acknowledges that all warranties granted tothe buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warrantydisclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in thiscontract. In general, the Contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product willlive up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinarypurposes for which such product is used, (4) the product will be suitable for any special purposes that the State has relied on theContractors skill or judgment to consider when it advised the State about the product, (5) the product has been properly designed

and manufactured, and (6) the product is free of significant defects or unusual problems about which the State has not been warned.Remedies available to the State include the following: The Contractor will repair or replace (at no charge to the State) the productwhose nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or replaced product proves tobe inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made.Nothing in this warranty will be construed to limit any rights or remedies the State of Utah may otherwise have under this contract.

16. PUBLIC INFORMATION: Except as identified in writing and expressly approved by the State Division of Purchasing, Contractor

agrees that the contract and related Sales Orders and Invoices will be public documents, and may be available for distribution.

Contractor gives the State express permission to make copies of the contract, the response to the solicitation, and related SalesOrders and Invoices in accordance with the State of Utah Government Records Access and Management Act. The permission tomake copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, orsimilar notation.

17. DELIVERY: Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with all transportation andhandling charges paid by the Contractor. Responsibility and liability for loss or damage will remain with Contractor until finalinspection and acceptance when responsibility will pass to the State except as to latent defects, fraud and Contractor's warrantyobligations.

18. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the delivery schedule. The Contractorwill promptly submit invoices (within 30 days of shipment or delivery of services) to the State. The State contract number and/or theagency purchase order number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. Theprices paid by the State will be those prices listed in the contract. The State has the right to adjust or return any invoice reflectingincorrect pricing.

19. PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice isreceived, whichever is later. All payments to the Contractor will be remitted by mail unless paid by the State of Utahs Purchasing

Card (major credit card).

20. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the State, its officers, agents and employeesharmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secretprocess, patented or un-patented invention, article or appliance furnished or used in the performance of this contract.

21. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate

responsibilities under this contract, in whole or in part, without the prior written approval of the State.22. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the State to declare Contractor in default of

the contract: 1. Nonperformance of contractual requirements; 2. A material breach of any term or condition of this contract. TheState will issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure.Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains, after Contractor has

been provided the opportunity to cure, the State may do one or more of the following: 1. Exercise any remedy provided by law; 2.Terminate this contract and any related contracts or portions thereof; 3. Impose liquidated damages, if liquidated damages are listed

in the contract; 4. Suspend Contractor from receiving future solicitations.23. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God

and/or war which is beyond that party's reasonable control. The State may terminate this contract after determining such delay ordefault will reasonably prevent successful performance of the contract.

24. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies,

services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation,gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, orwho in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is givenfor their own use or for the use or benefit of any other person or organization (63-56-1002, Utah Code Annotated, 1953, as


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amended).25. CONFLICT OF TERMS: Contractor Terms and Conditions that apply must be in writing and attached to the contract. No other

Terms and Conditions will apply to this contract including terms listed or referenced on a Contractors website, terms listed in aContractor quotation/sales order, etc. In the event of any conflict in the contract terms and conditions, the order of precedence shallbe: 1. Atth. A: State of Utah Standard Terms and Conditions; 2. State of Utah Contract Signature Page(s); 3. State AdditionalTerms and Conditions; 4. Contractor Terms and Conditions.

26. ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated hereunder, and the related State

Solicitation constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all otherprior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this

Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractors workplans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the Contractor that may

subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms ordocuments have been signed or initialed by a representative of the State. The parties agree that the terms of this Agreement shallprevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and suchstandard forms or documents shall not be considered written amendments of this Agreement.

(Revision date: 12 Feb 2007)


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State of UtahInvitation to Bid

Legal Company Name (include d/b/a if

applicable)

Federal Tax Identification

Number

State of Utah Sales Tax

ID Number

Ordering Address

City

State

Zip Code

Remittance Address (if different from ordering

address)

City

State

Zip Code

Type Corporation Partnership

Proprietorship Government

gfedc gfedc

gfedc gfedc

Company Contact Person

Telephone Number

(include area code)

Fax Number

(include area code)

Email Address

Discount Terms(for bid purposes, bid

discounts less than 30 days will not beconsidered)

Days Required for Delivery After Receipt of

Order (see attached for any requiredminimums)

Brand/Trade NamePrice Guarantee Period (see attached

specifications for any required minimums)

Minimum OrderCompany's Internet Web Address

The undersigned certifies that the goods or services offered are produced, mined, grown,

manufactured, or performed in Utah. Yes No . If no, enter where produced, etc.gfedc gfedc

Offeror=s Authorized Representative=s Signature

Date

Offeror=s Authorized Representative=s Signature

Position or Title


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INVITATION TO BID - INSTRUCTIONS AND GENERAL PROVISIONS

1. SUBMITTING THE BID: (a) The Utah Division of Purchasing and General Services (DIVISION)prefers that bids be submitted electronically. Electronic bids may be submitted through a secure mailbox at RFPDepot, LLC (www.rfpdepot.com) until the date and time as indicated in this document. It is the soleresponsibility of the supplier to ensure their bid reaches RFP Depot, LLC before the closing date and time. There

is no cost to the supplier to submit Utahs electronic bids via RFP Depot, LLC. (b) Electronic bids may requirethe uploading of electronic attachments. The submission of attachments containing embedded documents isprohibited. All documents should be attached as separate files. (c) If the supplier chooses to submit the biddirectly to the DIVISION in writing: The bid must be signed in ink, sealed in a properly addressed envelope, anddelivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061by the "Due Date and Time." The "Bid Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten. Each item must be priced separately. Unit price shall beshown and a total price shall be entered for each item bid. Errors may be crossed out and corrections printed inink or typewritten adjacent and must be initialed in ink by person signing bid. Unit price will govern, if there isan error in the extension. Written bids will be considered only if it is submitted on the forms provided by theDIVISION. (d) Bids, modifications, or corrections received after the closing time on the "Due Date" will beconsidered late and handled in accordance with the Utah Procurement Rules, section R33-3-109. (e) Facsimiletransmission of bids to DIVISION will not be considered.

2. BID PREPARATION: (a) Delivery time is critical and must be adhered to as specified. (b) Whereverin this document an item is defined by using a trade name of a manufacturer and/or model number, it is intendedthat the words, "or equivalent" apply. "Or equivalent" means any other brand that is equal in use, quality,economy and performance to the brand listed as determined by the DIVISION. If the supplier lists a trade nameand/or catalog number in the bid, the DIVISION will assume the item meets the specifications unless the bidclearly states it is an alternate, and describes specifically how it differs from the item specified. All bids mustinclude complete manufacturer=s descriptive literature if quoting an equivalent product. All products are to be ofnew, unused condition, unless otherwise requested in this solicitation. (c) By submitting the bid the suppliercertifies that all of the information provided is accurate, that they are willing and able to furnish the item(s)specified, and that prices quoted are correct. (d) This bid may not be withdrawn for a period of 60 days from biddue date.

3. FREIGHT COST: (a) Where Freight Cost is listed as a separate line item, suppliers are to provide

product line item pricing FOB Origin Less Freight. On the line item for Freight Cost suppliers are to indicatethe total freight cost FOB Destination Freight Prepaid, and complete the Freight Information document. TheDIVISION will analyze freight charges separately from the item cost and determine how the shipment will berouted (either by the supplier, or by the States carrier). (b) Where there is not a line item for Freight Cost,suppliers are to provide line item pricing FOB Destination Freight Prepaid. Unless otherwise indicated on thecontract/purchase order, shipping terms will be FOB Destination Freight Prepaid.

4. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through writtenaddendum only. Answers to questions submitted through RFP Depot shall be considered addenda to thesolicitation documents. Bidders are cautioned not to consider verbal modifications.

5. PROTECTED INFORMATION: Suppliers are required to mark any specific information contained intheir bid which they are claiming as protected and not to be disclosed to the public or used for purposes otherthan the evaluation of the bid. Each request for non-disclosure must be made by completing the ConfidentialityClaim Form located at: http://www.purchasing.utah.gov/main/Contractinfo/ConfidentialityClaimForm.doc witha specific justification explaining why the information is to be protected. Pricing and service elements of any bidwill not be considered proprietary. All material becomes the property of the DIVISION and may be returnedonly at the DIVISION's option. Bids submitted may to be reviewed and evaluated by any persons at thediscretion of the DIVISION.

6. SAMPLES: Samples of item(s) specified in this bid, when required by DIVISION, must to be furnishedfree of charge to DIVISION. Any item not destroyed by tests may, upon request made at the time the sample isfurnished, be returned at the bidder's expense.

7. AWARD OF CONTRACT: (a) The contract will to be awarded with reasonable promptness, by writtennotice, to the lowest responsible bidder that meets the specifications. Consideration will to be given to thequality of the product(s) to be supplied, conformity to the specifications, the purpose for which required, delivery


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time required, discount terms and other criteria set forth in this invitation to bid. (b) The bids are openedpublicly. The name of each bidder and the amount of the bid is recorded. Each bid, and the record, is open topublic inspection. (c) The DIVISION may accept any item or group of items, or overall low bid. TheDIVISION has the right to cancel this invitation to bid at any time prior to the award of contract. (d) TheDIVISION can reject any or all bids, and it can waive any informality, or technicality in any bid received, if theDIVISION believes it would serve the best interest of the State. (e) Before, or after, the award of a contract theDIVISION has the right to inspect the bidder's premises and all business records to determine the holder's ability

to meet contract requirements. (f) DIVISION does not guarantee to make any purchase under awarded contract(s). Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase anyamount. (g) Utah has a reciprocal preference law which will to be applied against bidders bidding products orservices produced in states which discriminate against Utah products. For details see Section 63-56-404 and 63-56-405, Utah Code Annotated. (h) Bid tabulations and awards are postedwww.purchasing.utah.gov/main/index.php?module=Pagesetter&func=viewpub&tid=1&pid=13 . (i) Multiplecontracts may be awarded if the DIVISION determines it would be in its best interest.

8. DIVISION APPROVAL: Purchase orders placed, or contracts written, with the State of Utah, as aresult of this bid, will not be legally binding without the written approval of the director of the DIVISION.

9. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in thistransaction (contract) by any governmental department or agency. If the CONTRACTOR cannot certify thisstatement, attach a written explanation for review by the DIVISION.

10. ENERGY CONSERVATION AND RECYCLED PRODUCTS: The contractor is encouraged tooffer Energy Star certified products or products that meet FEMP (Federal Energy Management Program)standards for energy consumption. The State of Utah also encourages contractors to offer products that areproduced with recycled materials, where appropriate, unless otherwise requested in this solicitation.

11. GOVERNING LAWS AND REGULATIONS: All State purchases are subject to the UtahProcurement Code, Title 63 Chapter 56 U.C.A. 1953, as amended, and the Procurement Rules as adopted by theUtah State Procurement Policy Board. These are available on the Internet at www.purchasing.utah.gov .

12. SALES TAX ID NUMBER: Utah Code Annotated (UCA) 59-12-106 requires anyone filing a bid withthe state for the sale of tangible personal property or any other taxable transaction under UCA 59-12-103(1) toinclude their Utah sales tax license number with their bid. For information regarding a Utah sales tax license seethe Utah State Tax Commissions website at www.tax.utah.gov/sales. The Tax Commission is located at 210North 1950 West, Salt Lake City, UT 84134, and can be reached by phone at (801) 297-2200.

(Revision: 13 September 2007 - ITB Instructions)


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Contents

CHAPTER 1: INSTRUCTIONS ...................................................................................................................5

CONTENTS ......................................................................................................................................................1PROJECT SUMMARY AND BIDDING CHECK LIST .............................................................................................3INSTRUCTIONS TO BIDDERS............................................................................................................................4HOW TO SUBMIT A BID ...................................................................................................................................8

CHAPTER 2: PROPOSAL AND BID DOCUMENTS................................................................................1

PROPOSAL.......................................................................................................................................................1AGENCY CONTRACT BOND STATEMENT.........................................................................................................3BID BOND .......................................................................................................................................................4BIDDER'S PROPOSED SUBCONTRACTORS, SUPPLIERS & VENDORS LIST .........................................................5MINORITY AND WOMAN BUSINESS ENTERPRISE REPRESENTATION...............................................................7APPLICANT/VIOLATOR SYSTEM ELIGIBILITY CHECK......................................................................................8SUMMARY BID SCHEDULE ..............................................................................................................................9MINE CLOSURE CONSTRUCTION BID SCHEDULE ..........................................................................................11REQUIRED SUBMITTALS................................................................................................................................17

CHAPTER 3: SAMPLE CONTRACT AND FORMS ................................................................................1CONTRACT FORM ...........................................................................................................................................1GENERAL CONDITIONS ...................................................................................................................................9PERFORMANCE BOND ...................................................................................................................................27PAYMENT BOND ...........................................................................................................................................28CONTRACT CHANGE ORDER .........................................................................................................................29CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................................................................................31CERTIFICATE OF FINAL ACCEPTANCE ...........................................................................................................32DAILY CONSTRUCTION PROGRESS REPORT ..................................................................................................33CONTRACTOR PERFORMANCE RATING .........................................................................................................34

CHAPTER 4: GENERAL TECHNICAL SPECIFICATIONS..................................................................1

0200 GENERAL SITE INFORMATION ...............................................................................................................1

0220 MOBILIZATION/DEMOBILIZATION.........................................................................................................70230 ACCESS IMPROVEMENTS.......................................................................................................................90250 MINE CLOSURES .................................................................................................................................110251 CAST-IN-PLACE CONCRETE ................................................................................................................190252 CONCRETE REINFORCEMENT ..............................................................................................................230253 BAT GATE & SHAFT GRATE INSTALLATION .......................................................................................240254 POLYURETHANE FOAM MINE CLOSURES ............................................................................................310270 SITE GRADING/EARTHWORK ..............................................................................................................410280 DRAINAGE CONTROL & STREAM PROTECTION...................................................................................460290 REVEGETATION ..................................................................................................................................53

CHAPTER 5: PROJECT-SPECIFIC TECHNICAL SPECIFICATIONS ...............................................1

0300 SPECIFIC SITE REQUIREMENTS..............................................................................................................1

APPENDIX A: SITE DESCRIPTIONS & MINE CLOSURE SCHEDULE ................................................................11APPENDIX B: REVEGETATION SEED MIX.....................................................................................................28

CHAPTER 6: DESIGN DRAWINGS ...........................................................................................................1

CHAPTER 7: MAPS ......................................................................................................................................1


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Project Summary and Bidding Check List

Sealed bids will be received by the Division of Purchasing and General Services (hereinafterPurchasing), 3150 State Office Building, Salt Lake City, for the Mammoth Project ReclamationConstruction in Juab County, Utah. Bids will be received until 2:00 P.M., on Wednesday, July 16,2008, at which time they will be opened and read aloud in the Division of Purchasing offices. TheDivision of Purchasing prefers that bids be submitted electronically, but paper bids may besubmitted as in the past.

The WORK consists of reclamation construction at abandoned hardrock mines located in JuabCounty, Utah. The work includes installing mine closures and includes incidental tasks such asaccess improvement and revegetation of disturbed areas. Details of the WORK are contained inthe Specifications.

Printed specifications may be obtained from the Division of Oil, Gas, and Mining, 1594 West NorthTemple, Suite 1210, Salt Lake City, for a nonrefundable fee of twenty dollars ($20.00). Checksshould be made payable to the Division of Oil, Gas and Mining. Electronic specifications areavailable online at no charge through the RFP Depot website (www.rfpdepot.com).

AN OPTIONAL PRE-BID MEETING WILL BE HELD FOR ALL BIDDERS ON TUESDAY, JULY1, 2008 AT 10:30 A.M. Meet at the Tintic Caf on the eastern edge of the town of Eureka, across

from the Tintic High School. The meeting is expected to last most of the day and will involvedriving and hiking over rugged terrain. High clearance four-wheel-drive vehicles arerecommended. This meeting is optional. Because of the special nature of abandoned mineclosure work, bidders are strongly encouraged to attend the pre-bid meeting.

NOTE: Portions of and access to sites are within or above the Eureka Mills Superfund site.All contractors visiting the site where access is on the Superfund site are required to checkat the Site Management Office located at 210 South Eagle Street, Eureka.

Questions about bidding procedures shouldbe directed to the Division of Purchasing.Contact person is Paul Mash, PurchasingAgent.

Bids should be delivered to:

Division of Purchasing3150 State Office BuildingSalt Lake City, Utah 84114(801) 538-3026 Fax: (801) 538-3882

Technical questions about the project shouldbe directed to the project manager at theDivision of Oil, Gas and Mining. Contactperson is:

Louis A. Amodt, Project ManagerDivision of Oil, Gas and Mining1594 West North Temple, Suite 1210Box 145801Salt Lake City, Utah 84114-5801(801) 538-5360 Fax: (801) 359-3940E-mail: [email protected]

The following is a check list of items that must be provided with the bid documents: Division of Purchasing bid documents (Invitation to Bid and any other required documents) Proposal Agency Contract Bond Statement

Bid Security (Bid Bond or Cashier's Check) Minority and Woman Business Enterprise Representation Bid Schedule Required Submittals Photocopy of current Utah Contractor's License (paper bids only)

The following items are required within 24 hours after bid opening from the apparent two lowbidders only. They may be submitted with the bid at the bidder's option or convenience. Bidder's Proposed Subcontractors, Suppliers & Vendors List AVS Eligibility Check information: AML Contractor Ownership & Control Information PackageBids must be delivered to the Division of Purchasing only. Do NOT deliver bids to DOGM.


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Instructions To Bidders

1. Request for Bids

The Utah Division of Purchasing is accepting bids for the Mammoth Project. The WORK consistsof 116 mine closures, earthwork, and revegetation of disturbed areas at abandoned hardrockmines in Juab County, Utah. Details of the WORK are contained in these Specifications.Electronic or sealed paper bids are due on Wednesday, July 16, 2008, no later than 2:00 P.M.,at which time they will be opened and read aloud at the Division of Purchasing's office.

2. Drawings and Specifications

Printed specifications and drawings may be obtained from the Division of Oil, Gas and Mining forthe amount stated in the Project Summary and Checklist. Checks should be made payable to theUtah Division of Oil, Gas & Mining. The payment is nonrefundable.

Electronic specifications are available online at no charge through the RFP Depot website(www.rfpdepot.com). Electronic specifications are no longer available from the Division of Oil, Gasand Mining website.

The Division of Purchasing has additional bid documents (cover sheet, Invitation to Bid form,

instructions, Standard Terms and Conditions, etc.) besides those in the Division of Oil, Gas andMinings printed or electronic project specifications. Also, please note that electronic specificationsmay be organized into more than one file. Bidders should make sure that they have the entire bidpackage and all necessary bid documents before bidding.

3. Pre-bid Meeting

An optional pre-bid site meeting will be held for all interested bidders on Tuesday, July 1,2008 at 10:30 A.M. Meet at the Tintic Caf on the eastern edge of the town of Eureka, across fromthe Tintic High School. The meeting is expected to last most of the day and will involve driving andhiking over rugged terrain. High-clearance four-wheel-drive vehicles are recommended.

NOTE: Portions of and access to sites are within or above the Eureka Mills Superfund site.

All contractors visiting the site where access is on the Superfund site are required to checkat the Site Management Office located at 210 South Eagle Street, Eureka.

This meeting is optional. Attendance is not required to bid, but attendance should result in a moreresponsible bid. Abandoned mine closure work is different from standard residential or commercialconstruction. It requires specialized work in unusual conditions and unique circumstances.Because of the special nature of abandoned mine closure work, bidders are strongly encouraged toattend the pre-bid meeting. If attendance at the meeting is not possible, bidders should makeevery effort to examine the project on their own time. Abandoned mines are hazardous. Do notenter the mines.

4. Contract and Bond

The contract agreement will be on a form similar to that which is provided in the specifications. Thecompletion date of construction will be as indicated in the proposal. The successful bidder, within14 days after the bid opening, will be required to furnish a performance bond and a payment bondin an amount equal to one hundred percent (100%) of the contract price, said bonds shall besecured from a company satisfactory to OWNER. The surety company must be a U.S.Department of Treasury (Circular 570) listed company.


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5. Qualifications of Bidders

All CONTRACTORS must be currently licensed in Utah for the type of work to be done. Biddersshall submit documentation of their current Utah license covering the type of work to be done withtheir bid (license number for electronic bids or photocopy of license for paper bids).

The CONTRACTOR's past performance, organization, equipment, and ability to perform andcomplete their contracts in the manner and within the time limit specified will be elements that,

along with the cash amount of the bid, will be considered by the OWNER in the letting of theCONTRACT. All CONTRACTORS who have previously performed WORK on a Utah AbandonedMine Reclamation Program (UAMRP) project have been evaluated based on the ContractorPerformance Rating Form (Chapter 3). A rating of ten points or more is required to bid on thisproject.

6. Qualifications of Subcontractors

The experience and responsibility of Subcontractors may have bearing on the selection of aCONTRACTOR by the OWNER. The CONTRACTOR shall require all of his or her Subcontractorsto comply with the license laws as required by the State of Utah.

The Subcontractor's past performance, organization, equipment, and ability to perform and

complete their contracts in the manner and within the time limit specified will be elements that,along with the cash amount of the bid, will be considered by the OWNER in the letting of theCONTRACT. A rating of ten points or more on the Contractor Performance Rating Form (Chapter3) is required for any Subcontractor who has previously performed WORK on a UAMRP project.

OWNER may withhold award of CONTRACT to any particular bidder if one or more of his or herproposed Subcontractors are considered by the OWNER to be unqualified.

7. Listing of Subcontractors

The apparent two low bidders shall deliver to OWNER within 24 hours (excluding Saturday,Sunday, and State holidays) for OWNER's approval, a list of the names of Subcontractors to befurnished for each of the principal parts of the work and the corresponding dollar amounts. Each

principal part shall mean a subcontract dollar value in excess of $5,000. A form for this submissionis included in these Specifications. Such list shall be binding upon the CONTRACTOR; however,OWNER has a right to reject any or all Subcontractors listed or unlisted which OWNER feels areunqualified to do the work.

8. Interpretation of Plans and Specifications

If any person contemplating submitting a bid for the proposed CONTRACT is in doubt as to the truemeaning of any part of the drawings, specifications or other proposed CONTRACT documents, heor she may submit a written request for an interpretation thereof through the RFP Depot system.ALL questions concerning this bid must be submitted through the RFP Depot system (follow the Q&Alinks and click the Create New Question button.). Only answers issued through the RFP Depot systemor issued via an authorized and properly issued addendum shall be the official position of the OWNER.The OWNER will not be responsible for any other explanations or interpretations of the proposeddocuments.

9. Addenda or Bulletins

Any addenda or bulletins issued during the time of bidding shall become part of the documentsissued to the bidders for the preparation of the bid, shall be covered in the bid, and shall be made apart of the CONTRACT. Only answers issued through the RFP Depot system or issued via anauthorized and properly issued addendum shall be the official position of the OWNER.


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(OSM). Compliance checks are also required for all subcontractors receiving 10% or more of thetotal contract amount.

18. Buy American Act

Compliance with the Buy American Act is required for this project. The Buy American Act requiresthe use of domestically produced materials.

19. Electronic Data Available

OWNER may have other electronic data besides that available from the RFP Depot. Such filesmay include the text of the Contract Specifications as a Microsoft Word 2000 document file, aspreadsheet with the Appendix A mine descriptions and closure specifications (as an Excel *.xlsfile), and digital photographs. The spreadsheet file may be especially useful in preparing a bidbecause it can automate the arithmetic. Any questions regarding digital data should be directed toLouis A. Amodt, 801-538-5360, e-mail: [email protected] or Steve Fluke, 801-538-5259, e-mail: [email protected].


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pages may also be printed from the electronic versions of the specifications. (In boundspecifications printed by the OWNER, the required sheets are printed on yellow paper to helpidentify them, but they need not be.) The bidder must submit the Proposal, Agency Contract BondStatement, Bid Bond, Minority and Woman Business Enterprise Representation, Bid Schedule,Required Submittals, and a photocopy of Utah contractor's license, along with the required Divisionof Purchasing bid documents (e.g. Invitation to Bid form). The pages in Chapter 2 do not includethe separate bid documents required by the Division of Purchasing; they may be downloaded fromthe RFP Depot or obtained from the Division of Purchasing. Written bids will be considered only if

submitted on the forms provided by the Division of Purchasing.

Addenda: All interpretations and clarifications of the bid are made through the RFP Depot system.Bidders using specifications obtained from the OWNER or downloaded from the RFP Depot shouldcheck for questions and answers at the RFP Depot website before submitting their bids.

CONTRACTOR shall fill out all blanksand include all forms and submittals, or be subject to havingthe bid disqualified. (See the checklist of bid items on page 1: 3).

Paper bids must be signed in ink, sealed in a properly addressed envelope, and delivered to theDivision of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061 bythe "Due Date and Time." The "Bid Number" and "Due Date" must appear on the outside of theenvelope.

Deliver proposals to the Division of Purchasing only. Do not deliver proposals to DOGM.

All prices and notations must be in ink or typewritten. Each item must be priced separately. Unitprices shall be shown and a total price shall be entered for each item bid. Errors may be crossedout and corrections printed in ink or typewritten adjacent and must be initialed in ink by the personsigning the bid. Bids, modifications, or corrections received after the closing time on the "DueDate" will be considered late and handled in accordance with the Utah Procurement Rules, sectionR33-3-109. Facsimile transmission of bids to the Division of Purchasing will not be considered.


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ProposalMammoth Project

NAME OF BIDDER________________________________________ DATE ______________

TO THE DIVISION OF PURCHASING3150 STATE OFFICE BUILDINGSALT LAKE CITY, UTAH 84114

Gentlemen:

The undersigned, in compliance with your invitation for bids for the

Mammoth Project Reclamation Construction

having examined the Drawings and Specifications, related documents, and the site of the proposedwork and being familiar with all of the conditions surrounding the construction of the proposedproject, including the availability of labor, hereby propose to furnish all labor, materials, andsupplies as required for the WORK in accordance with the CONTRACT documents as specifiedand within the time set forth and at the price stated below. This price is to cover all expensesincurred in performing the WORK required under the CONTRACT Documents of which thisProposal is a part. Negotiation of BID PRICE shall be completed with the OWNER prior to finalexecution of the CONTRACT.

I/We acknowledge receipt of the following addenda: __________ (paper bids only)

For all WORK shown on the Drawings and described in the Specifications, I/we agree to performfor the sum of:

______________________________________________________ DOLLARS ($_____________)(In case of discrepancy, written amount shall govern)

I/We guarantee to complete the WORK within 120 calendar days after receipt of Notice toProceed, should I/we be the successful bidder.

This bid shall be good for 45 days after bid opening.

Enclosed is _____________, as required, in the sum of $____________________(Bond or Check)

Upon receipt of notice of acceptance of this bid, the undersigned agrees to execute theCONTRACT within five (5) days and deliver OWNER's protective bond (performance and bid) inthe prescribed form in the amount of 100% of the general construction contract price for faithfulperformance of the CONTRACT. The certified check, cashier's check or Bid Bond attached, in theamount not less than five percent (5%) of the above BID PRICE, shall become the property of theDivision of Oil, Gas & Mining in the event that the CONTRACT is not negotiated and/or theOWNER's Protective Bond delivered within the time set forth, as liquidated damages for the delayand additional expense caused thereby.

If applicable, the CONTRACTOR shall certify that all reclamation fees or civil penalty assessmentsrequired by the provision of the Surface Mining Control and Reclamation Act of 1977, P.L. 95-87,30 U.S.C. Sec 1201 et seq., have been paid. Provided further, this certification requirement shallalso apply to all Subcontractors utilized by the successful bidders.


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PROPOSALPage 2

SUBSTITUTIONS AND ALTERNATIVES:

For your consideration, I/we further propose the following alternative WORK plan, substitutionsand/or alternatives of materials and/or equipment, or alternative schedule with the resultingindicated total amounts to be added to or deducted from the above bid amount, should I/we be the

successful bidder:

Item Manufacturer and Description Addition Deduction

___________ ___________________________________ $____________ $____________

___________ ___________________________________ $____________ $____________

___________ ___________________________________ $____________ $____________

___________ ___________________________________ $____________ $____________

Completion Time: ____________ Additional Calendar Days $____________

Bidder shall attach explanatory comments as needed.

The undersigned CONTRACTOR's License Number for Utah is: ___________________________

Type of Organization:

_________________________________ ______________________________________(Corporation, Co-Partnership, Individual, etc.) (Tax ID No.)

SEAL Respectfully submitted,(If a Corporation)

______________________________________Name of Bidder

______________________________________Address

______________________________________Authorized Signature


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STATE OF UTAHDivision of Purchasing

Agency Contract Bond Statement

BIDDING REQUIREMENTS

A 5% bid bond or cashier's check is required by all vendors bidding on this project. Thebid bond must be attached to bid or it will be disqualified. Checks submitted will be returnedcertified mail after an official award has been made.

AWARD REQUIREMENTS

A 100% performance/payment bond will be required from the award vendor within 14 daysafter notification of award. Bonds must be in the form of a cashiers check (no personal or businesschecks) or a surety bond from a licensed surety company doing business in the State of Utah.

Performance/payment bonds (or checks) will be held as security for a period of 12months after completion of project, per state law. Checks submitted will be returned certifiedmail only after this specified time. Bidder's name must be the same on both the bid forms and allbonds submitted.

Please indicate which method of bonding will be used if awarded this job:

_____ 100% CASHIERS CHECK

_____ 100% PERFORMANCE/PAYMENT BOND

Bond/Ins Company ___________________________________________

Agent Name ___________________________________________

Fax # _________________________ Phone # _________________________

Upon awarding, the requesting agency will fax a verification to the bonding company listedabove to start the bonding process. It is then the responsibility of the vendor to follow through withtheir bonding agent to assure the bond is processed. After the bonding company sends the bondto vendor for signatures, it is the responsibility of the vendor to mail or hand carry the original bond(no copies or faxes accepted) to the requesting agency, to the attention of the contract personlisted on the bid. No work can commence until the requesting agency has receipt of thisperformance/payment bond. After this time the contract will be officially released to the awardvendor.


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Bid Bond

Date Bond Executed

Principal

Surety

Sum of Bond

KNOW ALL MEN OF THESE PRESENTS, that we, the PRINCIPAL AND SURETY above named, are held and firmly boundunto the STATE OF UTAH, ACTING BY AND THROUGH THE DIVISION OF OIL, GAS AND MINING OF UTAH, IN THESUM OF THE AMOUNT STATED ABOVE, FOR THE PAYMENT OF WHICH SUM WELL AND TRULY TO BE MADE, webind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THECONDITION OF THIS OBLIGATION IS SUCH that whereas the principal has submitted the accompanying bid, dated asshown above, for

$

NOW THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said principal shall execute aCONTRACT and give bond to be approved by the Obligee for the faithful performance thereof within ten (10) days after

being notified in writing of such CONTRACT to the principal, this obligation shall then be null and void; otherwise it shallremain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals on the dateindicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signedby its undersigned representative, pursuant to authority of its governing body.

Individual or Partnership Principal Corporate Principal

Business Address Business Address

By: AffixCorporateSeal

Title

Corporate Surety

Business Address

By: AffixCorporateSeal

Attorney-in-Fact

STATE OF UTAH )

COUNTY OF SALT LAKE )

, being first duly sworn on oath, deposes and says that he/she is theAttorney-in-Fact of the above-named Surety Company, and that he/she is duly authorized to execute the same and hascomplied in all respects with the laws of Utah in reference to becoming sole surety upon bonds, undertakings andobligations.

Subscribed and sworn to before me this day of , 20 .

My commission expires .Attorney-in-Fact

NOTE: If certified or cashier'scheck is used in lieu of Bid Bond, acertificate from an approved suretycompany guaranteeing execution ofa full performance bond mustaccompany bid.


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Bidder's Proposed Subcontractors, Suppliers & Vendors ListMammoth Project

We submit the following list of first-tier subcontractors, suppliers and vendors for OWNER approval.We recognize this list as binding on us, and acknowledge OWNER'S right to reject any or allsubcontractors, suppliers or vendors listed or unlisted which the OWNER feels are unqualified to

do the work.

SUBCONTRACTORCONTRACT

AMOUNT

STATECONTRACTOR'S

LICENSE NO

LICENSELIMIT

Excavation:

Concrete Fabrication:

Masonry:

Demolition:

Steel Fabrication:

Revegetation:

Trucking/Transport:

Polyurethane Foam Installation:

Other:

Other:

Other:


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BIDDER'S PROPOSED SUBCONTRACTORS, SUPPLIERS & VENDORS LISTPage 2

SUPPLIER/VENDOR AMOUNT PRODUCT

Ready-Mix:

Cement/Block:

Steel:

Polyurethane Foam Supplies:

Seed:

Other:

Other:

We certify that:1. This list includes all subcontractors, suppliers and vendors whose bids exceed $5,000 (for

prime contractor bids less than $250,000) or $25,000 (for prime contractor bids of $250,000 or

more).2. Where we have listed "Self" it is our intent to perform said work and that we generally and

regularly perform that type of work, and are appropriately licensed.3. Any approved change in sub-bidders, suppliers or vendors which results in a lower contract

price for sub-bid work shall accordingly reduce the total sum of the prime contract.

Signed by: _____________________________________________

Title: _____________________________________________

Firm: _____________________________________________

Date: _____________________________________________

Note: Failure to submit this form properly completed and signed within 24 hours (not includingSaturday, Sunday, or State holidays) of the bid opening may be grounds for OWNER'S refusal toenter into a written CONTRACT with BIDDER. Action will be taken against BIDDER'S bid bond orcashier's check as deemed appropriate by OWNER. Timely notice of unacceptablesubcontractors, suppliers or vendors will be given to the BIDDER. Reporting of subcontractorsmay be required for conformance with 63A-5-208 UCA.


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Applicant/Violator System Eligibility Check

Federal regulations (30 CFR 874.16) effective July 1, 1994, require all successful bidders oncontracts funded through Title IV of the Surface Mining Control and Reclamation Act (SMCRA) of1977 to be eligible under 30 CFR 773.15(b)(1) to receive a permit to conduct surface coal miningoperations. In general, this means that the Utah Abandoned Mine Reclamation Program may nothire a contractor who is or whose company is associated with a coal mine operator withoutstanding unabated violations under SMCRA. The regulations further require that contractoreligibility be confirmed by the Applicant/Violator System (AVS) at the U.S. Office of Surface Mining(OSM). Compliance checks are also required for all subcontractors receiving 10% or more of thetotal contract amount.

To comply with these rules, prospective bidders must provide the Division of Oil, Gas and Miningwith information on the ownership and control of the firm for AVS review. A bidder must receive arecommendation of "Issue" or "Conditional Issue" from the OSM AVS office to be awarded thecontract.

The two apparent low bidders shall submit to DOGM within 24 hours (excluding weekends andholidays) of the bid opening either a notarized copy of the "AML Contractor Ownership and ControlInformation Package" or else a copy of the "AML Contractor Ownership and Control Data

Certification" updating and certifying previously submitted information. DOGM will provide formsfor these submissions or you may download from the Internet at http://www.avs.osmre.gov. DOGMwill submit the ownership and control information to OSM for AVS review. OSM's review will becompleted within 72 hours if the ownership and control data entry is complete.

Bidders may choose to submit the required information prior to submitting the bid proposal in orderto facilitate data entry by OSM and expedite the AVS review and contract award process. Formsmay be obtained from DOGM.

The following information is required for the "AML Contractor Ownership and Control InformationPackage":

Contractor's identity (name, address, telephone, Social Security number, Employee ID

number).

Contractor's legal structure (sole proprietorship, partnership, corporation).

Identities (name, address, telephone, SSN, EIN, % ownership) of every officer, generalpartner, shareholder ($10% voting stock), director, or other controlling entity.

Identities of parties with the authority to commit the assets of the firm.

Identities of other relationships that give direct or indirect authority over the execution ofthe work.

List (name, address, permit number, MSHA number) of all permits issued in the last five

years to or pending permit applications for coal mining operations by any parties identifiedabove.

All of the above information for any subcontractor with $10% of the contract amount.


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Mine Closure Construction Bid ScheduleMammoth Project

T10S, R2W Section 18 GroupTag NumberAnd Work

Est.Quantity Units

Bid Price Amount($)

Variation in UnitPrice ($/unit)

1 - Mine Closures

(a) Hand Backfill (BFH)

3100218HO001 7 cy $ $/cy

3100218HO002 13 cy $ $/cy

3100218HO004 5 cy $ $/cy

3100218IO001 44 cy $ $/cy

3100218VO003 58 cy $ $/cy

3100218VO007 19 cy $ $/cy

3100218VO008 26 cy $ $/cy

(b) Equipment Backfill (BFM)3100218VO002 250 cy $ $/cy

(c) Bat Gate (BG)

3100218HO005 24 sf $ $/sf

(d) Pinned Grate (GRATE-P)

3100218VO009 42 sf $ $/sf

SUBTOTAL SECTION 18 $


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Est.Quantity Units

Bid Price Amount($)


1 - Mine Closures

(a) Hand Backfill (BFH)

3100324HO002 5 Cy $ $/cy

3100324HO003 20 Cy $ $/cy

3100324HO004 8 Cy $ $/cy

3100324HO007 18 Cy $ $/cy

3100324HO008 12 Cy $ $/cy

3100324HO009 16 Cy $ $/cy

3100324HO010 7 Cy $ $/cy

3100324HO014 5 Cy $ $/cy

3100324HO015 7 Cy $ $/cy3100324HO018 12 Cy $ $/cy

3100324HO019 16 Cy $ $/cy

3100324HO020 10 Cy $ $/cy

3100324HO021 11 Cy $ $/cy

3100324IO001 15 Cy $ $/cy

3100324IO002 5 Cy $ $/cy

3100324IO004 20 Cy $ $/cy

3100324VO001 40 Cy $ $/cy

3100324VO006 20 Cy $ $/cy

3100324VO007 16 Cy $ $/cy

3100324VO008 8 Cy $ $/cy3100324VO009 7 Cy $ $/cy

3100324VO012 23 Cy $ $/cy

3100324VO013 7 Cy $ $/cy

3100324VO020 24 Cy $ $/cy

3100324VO031 35 Cy $ $/cy

3100324VO035 45 Cy $ $/cy

3100324VO036 10 Cy $ $/cy

3100324VO037 24 Cy $ $/cy

3100324VO039 33 Cy $ $/cy

3100324VO044 40 Cy $ $/cy

3100324VO046 50 Cy $ $/cy3100324VO051 90 Cy $ $/cy

(b) Equipment Backfill (BFM)

3100324HO001 13 Cy $ $/cy

3100324HO005 50 Cy $ $/cy

3100324HO006 16 Cy $ $/cy

3100324HO011 22 Cy $ $/cy

3100324HO012 6 Cy $ $/cy


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Est.Quantity Units

Bid Price Amount($)


1 - Mine Closures

(a) Equipment Backfill (BFM)

3100325HO002 25 cy $ $/cy

3100325VO001 70 cy $ $/cy

3100325VO003 117 cy $ $/cy

(b) Bat Gate (BG)

3100325HO001 24 sf $ $/sf

(c) Grate w/Grade Beam +I-beam if >14 ft wide, ~225 sf (GRATE-B)

3100325VO002 1,280 sf $ $/sf

SUBTOTAL SECTION 25 $

Note: Sites are listed here in the same sequence as they are listed in the Mine Closure Schedulein Appendix A, that is, sorted by detail map number and then by tag number. Sites with no mineclosure specified ("Closure Method" listed as "None" in Appendix A) are not included in the BidSheets.

Note: Revegetation is required at mine closure locations, but is considered incidental to the mine

closure task. Costs for revegetation of mine closure locations should be incorporated into the mineclosure bid. No separate bidding or payment will be made for mine closure revegetation.Revegetation is a separate bid and payment item only at the ten sites scheduled for site gradingand earthwork.

Note: Award of CONTRACT will be based on consideration of both the base "Bid Price" and the"Variation in Quantity Unit Price" for additional/reduced WORK.


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Required SubmittalsMammoth Project

Provide the requested information in the space provided. For electronic bids, type or cut-and-pastetext into the fields or attach files as instructed at the RFP Depot. For written paper bids, attachadditional sheets if more space is needed.

Instructions to Bidders, Item 5: Contractors LicenseFor paper bids, attach a photocopy of the bidders license. For electronic bids, it is not necessaryto scan and attach a copy of the license because the license number, class, and expiration datehave already been entered in the electronic submission. The validity of the license will be verifiedwith the Division of Occupational and Professional Licensing after submission.

Section 0230: Access Improvements1.02 The CONTRACTOR shall submit with the Bid Proposal a description of access

improvements to be performed at each site and shall not deviate from this plan withoutthe written approval of the OWNER.

Section 0250: Mine Closures1.02 A. CONTRACTOR shall submit with the Bid Proposala list of equipment to be used to

complete this section of the WORK.

1.02 B. CONTRACTOR shall submit with the Bid Proposalthe proposed construction proceduresin writing.

Section 0251: Cast-In-Place Concrete1.02 A. 1. CONTRACTOR shall submit with the Bid Proposallaboratory reports indicating that

the supplier's concrete ingredients meet requirements specified.


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Section 0254: Polyurethane Foam Mine Closures1.02 CONTRACTOR shall submit with the Bid Proposalthe proposed construction

procedures, including a description of the form materials to be used and the foamapplication equipment or method.

Section 0270: Site Grading/Earthwork1.02 A. CONTRACTOR shall submit with the Bid Proposala list of equipment to be used to

complete this section of the WORK.

1.02 B. CONTRACTOR shall submit with the Bid Proposallocations of borrow areas for fill andtopsoil for the approval of the OWNER when such areas are not shown on the Drawings.

0280: Drainage Control & Stream Protection1.02 A. CONTRACTOR shall submit with the Bid Proposalthe schedule and plan for

implementing drainage control measures and for utilizing riprap, gabion mattress, or acombination of systems in accordance with these Specifications and Drawings. If acombination of systems is planned, specific locations for each item shall be identified.Also included shall be specifications of riprap or gabion mattress fill material if suppliedas import, and specifications for gabion mattress to be used.

1.02 B. The CONTRACTOR shall submit with the Bid Proposala description of and location ofstream protection measures to be used at each site.


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CONSTRUCTION SPECIFICATIONS

Mammoth Project

Reclamation Construction

Juab County, Utah

Summer, 2008

AMR/000/903

Chapter 3: SAMPLE CONTRACT and FORMS

Contract FormGeneral Conditions for Abandoned Mine ProjectsPerformance BondPayment BondContract Change OrderCertificate of Substantial CompletionCertificate of Final AcceptanceDaily Construction Progress ReportContractor Performance Rating


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CONTRACTMammoth Project

3: 2

7. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOTATTACHED:

a. All other governmental laws, regulations, or actions applicable to the goods and/orservices authorized by this contract.

b. Utah State Procurement Code, Procurement Rules, and CONTRACTOR'S response toBid # XX****, dated 00/00/2*** (mm/dd/yyyy).

IN WITNESS WHEREOF, the parties sign and cause this contract to be executed.

FOR THE CONTRACTOR:

ATTEST: CONTRACTOR:

Secretary of Corporation Date Signature Dateor Witness

Type or Print Name

Title

Taxpayer ID #

FOR THE STATE OF UTAH:

APPROVED FOR AVAILABILITY OF FUNDS:DEPARTMENT OF NATURAL RESOURCESDIVISION OF OIL, GAS & MINING

Lucia Malin Date

AMRP Administrator

John R. Baza Date Paula Dupin-Zahn DateDirector, DOGM DOGM Budget/Accounting

APPROVED FOR EXPENDITURE:DIVISION OF PURCHASING DIVISION OF FINANCE

Douglas G. Richins Date (for) John Reidhead DateDirector of Purchasing Director of Finance

[Projectmanager] (801) 538-**** (801) 359-3940 ***@utah.govDepartment Contact Phone Number Fax Number Email

APPROVED AS TO FORM BYATTORNEY GENERAL'S OFFICEDOGM Construction Contract (revised 07/10/07)Reference: Division of Finance Contract Form FI84 (revised 07/2007)


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ATTACHMENT ADIVISION OF PURCHASING

STATE OF UTAH STANDARD TERMS AND CONDITIONS

1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63-56, Utah CodeAnnotated, 1953, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), andrelated statutes which permit the State to purchase certain specified services, and other approved purchases

for the State.

2. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall begoverned by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the Stateof Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, inthe Third Judicial District Court for Salt Lake County.

3. LAWS AND REGULATIONS: The CONTRACTOR and any and all supplies, services, equipment, andconstruction furnished under this contract will comply fully with all applicable Federal and State laws andregulations.

4. RECORDS ADMINISTRATION: The CONTRACTOR shall maintain, or supervise the maintenance of allrecords necessary to properly account for the payments made to the CONTRACTOR for costs authorized bythis contract. These records shall be retained by the CONTRACTOR for at least four years after the contractterminates, or until all audits initiated within the four years, have been completed, whichever is later. The

CONTRACTOR agrees to allow State and Federal auditors, and State Agency Staff, access to all the recordsto this contract, for audit and inspection, and monitoring of services. Such access will be during normalbusiness hours, or by appointment.

5. CONFLICT OF INTEREST: CONTRACTOR represents that none of its officers or employees are officersor employees of the State of Utah, unless disclosure has been made in accordance with 67-16-8, Utah CodeAnnotated, 1953, as amended.

6. CONTRACTOR, AN INDEPENDENT CONTRACTOR: The CONTRACTOR shall be an independentcontractor, and as such, shall have no authorization, express or implied, to bind the State to any agreements,settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the State,except as herein expressly set forth. Compensation stated herein shall be the total amount payable to theCONTRACTOR by the State. The CONTRACTOR shall be responsible for the payment of all income tax andsocial security amounts due as a result of payments received from the State for these contract services.Persons employed by the State and acting under the direction of the State shall not be deemed to beemployees or agents of the CONTRACTOR.

7. INDEMNITY CLAUSE: The CONTRACTOR agrees to indemnify, save harmless, and release the State ofUtah, and all its officers, agents, volunteers, and employees from and against any and all loss, damages,injury, liability, suits, and proceedings arising out of the performance of this contract which are caused inwhole or in part by the acts or negligence of the CONTRACTOR's officers, agents, volunteers, or employees,but not for claims arising from the State's sole negligence.

8. EMPLOYMENT PRACTICES CLAUSE: The CONTRACTOR agrees to abide by the provisions of Title VIand VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee orapplicant for employment or any applicant or recipient of services, on the basis of race, religion, color, ornational origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibitsdiscrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits

discrimination on the basis of disabilities. Also, the CONTRACTOR agrees to abide by Utah's ExecutiveOrder, dated March 17, 1993, which prohibits sexual harassment in the work place.

9. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provisionof this contract is illegal and void shall not affect the legality and enforceability of any other provision of thiscontract, unless the provisions are mutually dependent.

10. RENEGOTIATION OR MODIFICATIONS: This contract may be amended, modified, or supplementedonly by written amendment to the contract, executed by the same persons or by persons holding the sameposition as persons who signed the original agreement on behalf of the parties hereto, and attached to theoriginal signed copy of the contract. Automatic renewals will not apply to this contract.


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11. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in thistransaction (contract), by any governmental department or agency. If the CONTRACTOR cannot certify thisstatement, attach a written explanation for review by the State. The CONTRACTOR must notify the StateDirector of Purchasing within 30 days if debarred by any governmental entity during the Contract period.

12. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be

terminated, with cause by either party, in advance of the specified termination date, upon written notice beinggiven by the other party. The party in violation will be given ten (10) working days after notification to correctand cease the violations, after which the contract may be terminated for cause. This contract may beterminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) daysprior written notice being given the other party. On termination of this contract, all accounts and payments willbe processed according to the financial arrangements set forth herein for approved services rendered to dateof termination.

13. NONAPPROPRIATION OF FUNDS: The CONTRACTOR acknowledges that the State cannot contractfor the payment of funds not yet appropriated by the Utah State Legislature. If funding to the State is reduceddue to an order by the Legislature or the Governor, or is required by State law, or if federal funding (whenapplicable) is not provided, the State may terminate this contract or proportionately reduce the services andpurchase obligations and the amount due from the State upon 30 days written notice. In the case that fundsare not appropriated or are reduced, the State will reimburse CONTRACTOR for products delivered orservices performed through the date of cancellation or reduction, and the State will not be liable for any future

commitments, penalties, or liquidated damages.

14. SALES TAX EXEMPTION: The State of Utahs sales and use tax exemption number is E33399. Thetangible personal property or services being purchased are being paid from State funds and used in theexercise of that entitys essential functions. If the items being purchased are construction materials, they willbe converted into real property by employees of this government entity, unless otherwise stated in thecontract.

15. WARRANTY: The CONTRACTOR agrees to warrant and assume responsibility for all products (includinghardware, firmware, and/or software products) that it licenses, contracts, or sells to the State of Utah underthis contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in thiscontract. The CONTRACTOR (seller) acknowledges that all warranties granted to the buyer by the UniformCommercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warrantydisclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreedupon elsewhere in this contract. In general, the CONTRACTOR warrants that: (1) the product will do what the

salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes intheir advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used,(4) the product will be suitable for any special purposes that the State has relied on the CONTRACTORs skillor judgment to consider when it advised the State about the product, (5) the product has been properlydesigned and manufactured, and (6) the product is free of significant defects or unusual problems about whichthe State has not been warned. Remedies available to the State include the following: The CONTRACTORwill repair or replace (at no charge to the State) the product whose nonconformance is discovered and madeknown to the CONTRACTOR in writing. If the repaired and/or replaced product proves to be inadequate, orfails of its essential purpose, the CONTRACTOR will refund the full amount of any payments that have beenmade. Nothing in this warranty will be construed to limit any rights or remedies the State of Utah mayotherwise have under this contract.

16. PUBLIC INFORMATION: Except as identified in writing and expressly approved by the State Division ofPurchasing, CONTRACTOR agrees that the contract and related Sales Orders and Invoices will be publicdocuments, and may be available for distribution. CONTRACTOR gives the State express permission to

make copies of the contract, the response to the solicitation, and related Sales Orders and Invoices inaccordance with the State of Utah Government Records Access and Management Act. The permission tomake copies as noted will take precedence over any statements of confidentiality, proprietary information,copyright information, or similar notation.

17. DELIVERY: Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with alltransportation and handling charges paid by the CONTRACTOR. Responsibility and liability for loss ordamage will remain with CONTRACTOR until final inspection and acceptance when responsibility will pass tothe State except as to latent defects, fraud and CONTRACTOR's warranty obligations.

18. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the deliveryschedule. The CONTRACTOR will promptly submit invoices (within 30 days of shipment or delivery of


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services) to the State. The State contract number and/or the agency purchase order number shall be listedon all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by the Statewill be those prices listed in the contract. The State has the right to adjust or return any invoice reflectingincorrect pricing.

19. PAYMENT: Payments are normally made within 30 days following the date the order is delivered or thedate a correct invoice is received, whichever is later. All payments to the CONTRACTOR will be remitted by

mail unless paid by the State of Utahs Purchasing Card (major credit card).

20. PATENTS, COPYRIGHTS, ETC.: The CONTRACTOR will release, indemnify and hold the State, itsofficers, agents and employees harmless from liability of any kind or nature, including the CONTRACTOR'suse of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention,article or appliance furnished or used in the performance of this contract.

21. ASSIGNMENT/SUBCONTRACT: CONTRACTOR will not assign, sell, transfer, subcontract or subletrights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval ofthe State.

22. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the State to declareCONTRACTOR in default of the contract: 1. Nonperformance of contractual requirements; 2. A materialbreach of any term or condition of this contract. The State will issue a written notice of default providing a ten(10) day period in which CONTRACTOR will have an opportunity to cure. Time allowed for cure will not

diminish or eliminate CONTRACTOR's liability for damages. If the default remains, after CONTRACTOR hasbeen provided the opportunity to cure, the State may do one or more of the following: 1. Exercise anyremedy provided by law; 2. Terminate this contract and any related contracts or portions thereof; 3. Imposeliquidated damages, if liquidated damages are listed in the contract; 4. Suspend CONTRACTOR fromreceiving future solicitations.

23. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused byfire, riot, acts of God and/or war which is beyond that party's reasonable control. The State may terminate thiscontract after determining such delay or default will reasonably prevent successful performance of thecontract.

24. PROCUREMENT ETHICS: The CONTRACTOR understands that a person who is interested in any wayin the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if theperson gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereofto any person acting as a procurement officer on behalf of the State, or who in any official capacity

participates in the procurement of such supplies, services, construction, or insurance, whether it is given fortheir own use or for the use or benefit of any other person or organization (63-56-1002, Utah Code Annotated,1953, as amended).

25. CONFLICT OF TERMS: CONTRACTOR Terms and Conditions that apply must be in writing andattached to the contract. No other Terms and Conditions will apply to this contract including terms listed orreferenced on a CONTRACTORs website, terms listed in a CONTRACTOR quotation/sales order, etc. In theevent of any conflict in the contract terms and conditions, the order of precedence shall be: 1. Attachment A:State of Utah Standard Terms and Conditions; 2. State of Utah Contract Signature Page(s); 3. StateAdditional Terms and Conditions; 3. CONTRACTOR Terms and Conditions.

26. ENTIRE AGREEMENT: This Agreement, including all Attachments and documents incorporatedhereunder, and the related State Solicitation constitutes the entire agreement between the parties with respectto the subject matter, and supersedes any and all other prior and contemporaneous agreements andunderstandings between the parties, whether oral or written. The terms of this Agreement shall supersede

any additional or conflicting terms or provisions that may be set forth or printed on the CONTRACTORs workplans, cost es