Bullion King Amendment 2_Part1.pdf

DATE: March 16, 2015

TO: All Bidders on the Bullion King Mine Waste Reclamation

Project, PKA-15-746

FROM: Kirstin Brown, Division of Reclamation, Mining & Safety

RE: Bullion King Mine Waste Reclamation Project, Amendment No. 2

Thank you for your attendance at the Pre-Bid Meeting. The following clarifications and amendments should be noted and incorporated into the bid documents:

1. The Bullion King Scope of Work and all Tasks have been modified to a Liner System installed over an on-site mine waste repository. All cover materials will be generated on-site.

The entire Statement of Work has been modified and all Tasks have been replaced with the attached Statement of Work and the Revised Bid Schedule. PLEASE REPLACE THE

ORIGINAL BID DOCUMENT, WORK TASKS AND BID SCHEDULE WITH THE ATTACHED

TASKS 1 - 21 AND REVISED (MARCH 13, 2015) BID SCHEDULE.

For clarity and continuity, we have included some of the standard contract language which precedes the revised work description. NOTE that all applicable provisions of Colorado Procurement Rules apply to this Project.

2. Please note that the Colorado Department of Transportation (CDOT) is planning a road widening project, starting on September 1, 2015 near mile marker 79, which is near the road to the Bullion King Mine. CDOT will be blasting and hauling road cut material and Highway 550 will be restricted to one lane. The traffic from this lane closure may make access to the site more difficult.

After September 1, 2015 the CONTRACTOR will be required to utilize the alternate access to the site from the top of Red Mountain Pass on the Black Bear Pass Road cut-off to the Bullion King Mine Road.

Additionally, CDOT may close portions of Red Mountain Pass at any time between Ouray and the top of Red Mountain Pass to work on a severe rock slide. Other CDOT maintenance projects may occur on Coal Bank Pass, Molas, or Red Mountain at any time during the Bullion King Project, which may restrict traffic across these passes and slow access to the Bullion King Mine.

The CONTRACTOR will be required to notify CDOT when materials or equipment are in the CDOT right-of-way (example: loading and unloading equipment at the top of Red Mountain Pass or storing liner and geotextile temporarily before transporting to the site). Please contact Vance Kelso, CDOT Maintenance, (970) 626-4377 - office or (970) 759-2641 - cell or steven.kelso@state.co.us prior to utilizing the CDOT right-of-way.

1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us John W. Hickenlooper, Governor | Mike King, Executive Director | Virginia Brannon, Director http://mining.state.co.us/

3. The Bid Submittal Date remains April 7, 2015 at 4:00 p.m.

Submit Bids Electronically at Colorado VSS (Vendor Self Service) 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.

A responsive bid must include the following, properly completed:

• Bid Form

• Bid Schedule

• Bid Bond

• List of Equipment Offered

• Summary of Qualifications

• List of three references

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.

All terms and conditions of the Invitation for Bid other than as changed by this amendment remain the same.

Receipt and acceptance of this amendment shall be acknowledged on the bid form and by submitting the Revised Bid Schedule.

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

BULLION KING MINE WASTE PROJECT

BID DOCUMENT AND STATEMENTOF WORK

REVISED MARCH 13, 2015

PROJECT LOCATION

The Bullion King Mine Waste Reclamation Project is 11 miles from the town of Silverton at an elevation of 12,400 feet. The Bullion King mine is located 2 miles west of US Hwy 550, up a steep, rough and extremely narrow four wheel drive road. Please see maps below.

BACKGROUND AND WORK SUMMARY

The Bullion King Mine Waste Pile Reclamation Project goal is to reduce a significant source of heavy metals and acid that impacts Mineral Creek, a major tributary to the Animas River. The Bullion King has been fully characterized and determined to be the highest ranking remaining mine waste site that contributes metals and acidity to Mineral Creek. Several previous remediation projects in the Mineral Creek watershed have resulted in near attainment of water quality goals. Successful reduction of metal contributions from the Bullion King should result in compliance with adopted water quality standards for Mineral Creek.

The Bullion King waste pile was created when waste rock was brought from underground mine workings and deposited on the surface. The waste rock is high enough in metals and acidity to create environmental impacts, but is low enough in metals concentrations so as not to be economically feasible to recover the metals. The result is waste rock with no value and detrimental environmental effects. The waste pile location next to Porphyry Gulch creates a short path for the contamination to directly impact water quality. Porphyry Gulch then flows directly into Mineral Creek and impacts aquatic life.

The Bullion King Mine is located up a steep and rough four wheel drive road west of US Hwy. 550 (Red Mountain Pass). The road to the site is restricted by steep, narrow cliff sections. Many four wheel drive enthusiasts avoid the road due to the narrow cliff sections. Due to the relatively inaccessible nature of the Bullion King Mine, the reclamation plan calls for reclaiming the waste in an on-site repository covered with a liner system.

The mine waste will be partially relocated and consolidated by re-grading the waste pile to shallower more stable slopes, covering with polypropylene liner, and covering with on-site fine-grained material and rock. The remediation of the pile has been designed to prevent leaching of heavy metals and production of acidic water through installation of a physically impervious barrier.

SPECIAL REQUIREMENTS

Summary of Qualifications and References

Bidders must submit a SUMMARY OF QUALIFICATIONS and a LIST OF THREE REFERENCES with their bid in order to be considered a responsive bidder for this project. Only bidders who meet the minimum qualifications will be considered responsible bidders for the purpose of awarding this contract.

To qualify for consideration, bidders must demonstrate experience conducting the following activities at higher elevations (over 10,000 ft. msl) in remote locations (i.e.: more than ten miles from the nearest sources of fuel, parts equipment and similar) while working with acid generating materials and acidic mine water discharges:

1) Excavation of mine waste materials

2) Handling of acidic mine discharge water

3) Screening of native and non-native earthen materials

To qualify for consideration, bidders must submit a summary of qualifications and a list of three references with their bid. These references must be able to demonstrate that the bidder has successfully completed projects as outlined above. The references may be from government or private sectors, and must have a comprehensive knowledge of the bidders past experience. Please include name, contact information and specific project names. No more than one reference from an individual company or agency is permissible.

DAVIS BACON WAGE RATES REQUIRED

The Davis Bacon Act Does Apply. The rate of wages to be paid for all laborers and mechanics shall be in accordance with the laws of Colorado. The CONTRACTOR shall at all times enforce strict discipline and good order among his employees, and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him.

BID SUBMITTAL

The Deadline for all bids to be submitted is no later than 4:00 pm on April 7, 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.

A responsive bid must include the following, properly completed:

• Bid Form

• Bid Schedule

• Bid Bond

• List of Equipment Offered

• Summary of Qualifications

• List of three references

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.

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

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 April 8, 2015 at 10:00 am. The Bid Opening Date is NOT the same as the Bid Submittal Date. All bids must be submitted by April 7, 2015 at 4:00pm. Please see the above Bid Submittal Requirements.

All bid openings are open to the public and bidders are welcome to attend and record the bid results. A written tabulation of the Bid results will be available to those bidders who submit an email address or a clearly-visible, self-addressed, stamped envelope with their bid. Please allow two weeks for receipt of Bid results.

Telephone requests cannot be honored because of time constraints.

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

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

RETAINAGE

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

List of Equipment Offered. The List of Equipment Offered form must be returned with each bid. All equipment to be used on the project must be listed. The CONTRACTOR must own, have a current lease for the equipment intended to be used to perform the work, or must furnish a statement of arrangements to rent, or otherwise procure, adequate equipment to perform the work. Inclusion of a piece of equipment on the List of Equipment Offered represents a commitment to devote that piece of equipment to the project work for the entire duration of the project. If several contractors propose to join together to perform the work under this contract, equipment owned or controlled by each should be listed and the owner identified. A contract will not be awarded to a bidder who in the opinion of the OWNER (a) does not have adequate equipment, or (b) does not have firm and satisfactory arrangements to obtain adequate equipment to perform the work described in the Invitation and Bid.

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

BID AWARD

Award will be made with reasonable promptness, by written notice to the low responsive and responsible bidder whose bid meets the requirements and criteria set forth in the Invitation for bid. These criteria will include, but not be limited to the lowest GRAND TOTAL PRICE, corrected if necessary for errors in price extension and/or addition, on the Bidder's equipment if a List of Equipment Offered is required with the bid, and capability to meet the performance time requirements. The GRAND TOTAL PRICE will be used for comparing bids only.

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

GENERAL BID SPECIFICATIONS

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

PROJECT DATES

The project is scheduled for construction between July 6, 2015 and August 31, 2015. This includes ten (10) days mobilization time. These dates are tentative and may change.

Please note that the Colorado Department of Transportation (CDOT) is planning a road widening project, starting on September 1, 2015 near mile marker 79, which is near the road to the Bullion King Mine. CDOT will be blasting and hauling road cut material and Highway 550 will be restricted to one lane. The traffic from this lane closure may make access to the site more difficult. After September 1, 2015 the CONTRACTOR will be required, if the project starts after July 6, 2015, to utilize the alternate access to the site from the top of Red Mountain Pass on the Black Bear Pass Road cut-off to the Bullion King Mine Road.

TIME OF COMPLETION

The time of completion allowed for the project is 57 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 and CFDA Number

This project is funded by Federal grant money made available to the State of Colorado through the Clean Water Act (CFDA # 66.460) under the Bullion King 319 Non-Point Source Grant awarded to the Animas River Stakeholders Group, with matching funds from Mineral Severance Tax.

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

The mine waste will be removed from its present location by re-grading the waste pile to shallower more stable slopes, covering with polypropylene liner, and covering with on-site fine-grained material and rock. The remediation of the pile has been designed to prevent leaching of heavy metals and production of acidic water through installation of a physically impervious barrier.

Work Tasks

The tasks included in this project are as follows:

Task 1: Mobilization/Demobilization

Task 2: Safety, Health and Environmental Action Plan (SHEAP)

Task 3: Improve Access Road and Return Road to Original Condition

Task 4: Erosion Control

Task 5: Construct Run-On Channels

Task 6: Stockpile 1" Minus Cover Material

Task 7: Stockpile Unclassified Cover Material

Task 8: Excavate and Place Waste into Repository

Task 9: Regrade Mine Waste in Repository

Task 10: Construct Liner Trench and Backfill

Task 11: Subgrade Preparation

Task 12: Install 8 mil Geotextile Under and Over Liner

Task 13: Install 45 mil Polypropylene Liner

Task 14: Cover Liner with 6" of one-inch Minus Cover Material

Task 15: Cover Liner with 1 ft of Unclassified Cover Material

Task 16: Final Grade of Excavation Areas

Task 17: Amend Excavation Areas

Task 18: Revegetation

Task 19: ADDITIONAL Excavate and Place Waste into Repository

Task 20: ADDITIONAL Excavator Time

Task 21: ADDITIONAL Bulldozer Time

TASK 1 MOBILIZATION/DEMOBILIZATION

Mobilization

Upon receipt of the Notice to Proceed, CONTRACTOR shall furnish, mobilize, move in, and install such temporary works and equipment as are necessary for the successful completion of the work. CONTRACTOR shall also operate and maintain such temporary works, equipment and construction plant throughout the period of construction. All applicable temporary works, such as sanitation facilities, shall fully comply with all rules and regulations.

A portable toilet will be required at the Bullion King Mine throughout the duration of construction.

Demobilization

Upon completion of the work under this Contract, CONTRACTOR shall remove all temporary facilities and equipment. CONTRACTOR shall remove from the work site all rubbish, unused materials, and shall fill and dress all holes and disturbances made for convenience, and leave all areas in good order and condition, subject to the approval of PROJECT MANAGER.

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

No measurement for payment shall be made for mobilization and demobilization. Payment of two thirds of the lump sum price bid will be made with the first monthly progress payment after completion of the work described above for mobilization. Payment of one third of the lump sum price bid will be made with the final progress payment for the work if demobilization has been completed. If the price bid for mobilization and demobilization is greater than 15 percent (15%) of the total contract price, original invoices supporting the mobilization costs will be required before payment is approved.

TASK 2 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:

Kirstin Brown 1257 Galaxy Drive

Durango, CO 81301

(970) 778-4181 fax kirstin.brown@state.co.us

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. Traffic Control Plan for the road to the Bullion King.

2. Coordination with Colorado Department of Transportation for loading and unloading equipment and supplies at highway 550 at the top of Red Mountain Pass. Contact Vance Kelso at (970) 626-4377,

(970) 759-2641 or steven.kelso@state.co.us.

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

4. 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);

5. Closest medical facility for emergencies;

6. Method of communication;

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

8. Fuel storage;

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

10. Fire prevention and safety;

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

12. Accident prevention and safety when operating motorized equipment;

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

14. Daily safety meetings.

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 IMPROVE ACCESS ROAD AND RETURN ROAD TO ORIGINAL CONDITION

The access road into the Bullion King Mine is extremely steep and narrow. The CONTRACTOR will be required to widen the road by mechanical breaking of the bedrock ledge that the road is built on. Additionally the CONTRACTOR will be allowed to drill the rock and utilize expansive grout for rock breaking. Explosives are PROHIBITED. The CONTRACTOR will be required at a minimum to provide an excavator with a hammer to accomplish the task. The road must be wide enough to accommodate equipment properly sized to accomplish the tasks in the Statement of Work.

Upon completion of the project the CONTRACTOR is required to return the road to its original width in all areas. In the already narrow areas the road shall be returned to no wider than eight feet (8'). The PROJECT MANAGER must approve all road widths prior to demobilization.

The CONTRACTOR will be required to coordinate with San Juan County Road and Bridge and United States Forest Service for approval and use of the Bullion King Road.

The CONTRACTOR will also be required to get a permit from San Juan County to work on the road.

Please contact Bob Nevins from the Town of Silverton for a permit: bnevins@silverton.co.us

Please note that the Colorado Department of Transportation (CDOT) is planning a road widening project, starting on September 1, 2015 near mile marker 79, which is near the road to the Bullion King Mine. CDOT will be blasting and hauling road cut material and Highway 550 will be restricted to one lane. The traffic from this lane closure may make access to the site more difficult. After September 1, 2015 the CONTRACTOR will be required to utilize the alternate access to the site from the top of Red Mountain Pass on the Black Bear Pass Road cut-off to the Bullion King Mine Road.

Additionally, CDOT may close portions of Red Mountain Pass at any time between Ouray and the top of Red Mountain Pass to work on a severe rock slide. Other CDOT maintenance projects may occur on Coal Bank Pass, Molas, or Red Mountain at any time during the Bullion King Project, which may restrict traffic across these passes and slow access to the Bullion King Mine.

The CONTRACTOR will be required to notify CDOT whenever materials or equipment are in the CDOT right-of-way (example: loading and unloading equipment at the top of Red Mountain Pass or storing liner and geotextile temporarily before transporting to the site). Please contact Vance Kelso, CDOT Maintenance,

(970) 626-4377 - office or (970) 759-2641 - cell or steven.kelso@state.co.us prior to utilizing the CDOT right-of-way.

Measurement and Payment

There will be no measurement for payment. Payment for this Task will be reflected in a lump sum bid under Item 3 on the Bid Schedule. This lump sum bid will cover all costs for widening the road and returning the road to its original narrow condition, including all necessary machine time, tools, and other necessary items to accomplish the task. Payment shall be made upon completion of the road being returned to its narrow condition and as approved by the PROJECT MANAGER

TASK 4 EROSION CONTROL (S-fence)

Construction activities associated with the Bullion King Mine Waste Reclamation 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 other reclamation activities.

CONTRACTOR will provide and properly install ten inch (10") tall S-Fence at the direction of the PROJECT MANAGER. An estimated 500 linear feet of S-fence will be used during project construction activities.

All S-fence will be installed according to the manufacturer’s specifications, which are included below, and will be removed following completion of construction activities and revegetation.

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

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 wood stakes on the downstream side for reinforcement against high flows. Wood stakes shall be 1" x 2" x 18". Wood stakes shall be untreated fir, redwood, cedar, or pine and cut from sound timber. They shall be mailto:www.cliller@ertecsystems.com http://www.ertecsystems.com/ straight and free of loose or unsound knots and other defects which would render them unfit for the purpose intended. Metal stakes can be used for installations lasting longer than 18 months. Install stakes to within 2” from the top of S-Fence. Stakes should be positioned every 80 inches along the installation – at segment overlaps.

3.0 Installation:

Sediment control filter system shall be installed as follows:

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

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

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

D. Overlap segments by at least 4 inches.

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

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

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

The intended function of the Sediment Control System is to disperse or spread concentrated water runoff, to reduce runoff velocities and to capture a very high percentage of flowing sediment. If impaired, the Contractor shall take action to repair the Sediment Control System. Split or torn segments shall be repaired or replaced. Broken or split stakes shall be replaced.

Locations where rills and other evidence of concentrated runoff have occurred beneath the segments shall be corrected.

Sediment Control Systems shall be repaired or replaced within 24 hours of identifying the deficiency.

Measurement and Payment

Measurement will be by the lineal foot of S-Fence installed. PROJECT MANAGER will measure the lineal feet of S-Fence installed and accepted, and report the measured footage to CONTRACTOR. The price bid shall include all costs for labor, materials, equipment and all other items necessary for provision and installation of the S-fence as described in these specifications. Payment will be made only for the unit price bid in Item 4 of the Bid Schedule, and as work is completed and accepted by PROJECT MANAGER.