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March 1, 1995 <br />Article 4. THREE-WAY AGREEMENT <br />If a three-way Agreement for Reclamation Activities is required, the Contractor shall enter into a <br />three-way agreement between the Contractor, the State of Colorado and the private landowner (a <br />sample is included in Appendix 1), and maintain for the duration of the work, in addition to that <br />specified above, additional insurance coverage of: <br />a. Comprehensive General Liability Insurance, which includes operations & premises <br />coverage, products/completed operation coverage, all on an occurrence basis, all with <br />combined single limit of liability of $1,000,000; <br />b. Statutory Worker's Compensation and Occupational Disease Disability Insurance; <br />C. Employers' Liability Insurance with limits of $500,000 each occurrence; and <br />d. Automobile Insurance with a combined single limit of liability of $1,000,000:89, <br />and furnish evidence of the insurance coverage as prescribed the three-way agreement. <br />If a three-way Agreement for Reclamation Activities is required, the Contractor will be required to <br />furnish lien waivers to the private landowner. See Number 5 of the sample three-way Agreement for <br />Reclamation Activities. The landowner's address will be furnished to the Contractor with the Notice <br />to Proceed. <br />Article 5. PROJECT SCHEDULE <br />The successful bidder shall, prior to the execution of an Agreement, furnish a plan for construction of <br />the work showing (1) the date(s) he expects to move various pieces of equipment onto the work site, <br />and (2) the dates and period(s) he proposes to perform each phase of the project work. <br />Article 6. APPLICANT VIOLATOR SYSTEM <br />The successful bidder will be required to submit a completed AML Contractor Ownership and Control <br />Form and pass a check of the Applicant Violator System. <br />Although there are many circumstances under which a bidder might be found "not responsible", any <br />contractor who has had direct or indirect association with a firm that has had a permit revoked or a <br />bond forfeited by the Division of Minerals and Geology or the Mined Land Reclamation Board will be <br />considered not responsible, and not eligible to be awarded any bid. Any firm listed in the federal Office <br />of Surface Mining's Applicant Violator System or who is not confirmed by the Office of Surface Mining <br />will be considered not responsible. <br />Article 7. MINORITY/WOMEN BUSINESS PARTICIPATION <br />The successful bidder is required to complete and return the attached Minority (MBE)/women (WBE) <br />Business Participation form before an Agreement will be executed. <br />Article 8. NOTICE TO PROCEED <br />After the Agreement has been fully-executed, the Principle Representative will issue the Notice to <br />Proceed consistent with the project dates in the Special Conditions. Under no circumstance shall the <br />Contractor begin work before a Notice to Proceed is issued. <br />Article 9. ACCIDENT PREVENTION AND SAFETY MEASURES <br />The Contractor shall comply with applicable provisions of OSHA Part 1926, Construction Standards <br />and Interpretations, in effect on the date of Bid Opening. The Contractor shall continuously maintain, <br />at his expense, adequate protection of the work and the Principle Representative's property, and shall <br />take all practicable precautions in the interest of safety. <br />DMG-3