STATE OF COLORADO BID

Project Name: Bullion King Mine Waste Reclamation Project

Bid Number: PKA-15-746

Fund: 319 NPS Funds; Severance Tax

Pre-Bid Meeting Date: Wed., 10/08/14 Time: 10:00 am

Bid Submittal Date: Mon., 02/23/15 Time: 4:00 pm

Bid Opening Date: Tues.,02/24/15 Time: 4:00 pm_________

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

Receipt of Addenda Nos.

Is Hereby Acknowledged

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

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

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

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

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

5. TIME OF COMPLETION: The bidder agrees to complete the entire project within 57 calendar days from the

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

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

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

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

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

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

THE BIDDER

Signature

Name and Title (Typed or Printed)

Company Name

Address

Phone #

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

Vice President.

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

DO NOT AMEND ANY PART OF THIS BID SCHEDULE

THIS BID SCHEDULE MUST BE RETURNED WITH YOUR BID

Page 1 of 1 pages

Bullion King Mine Waste Project Bid Schedule

PKA-15-746

ITEM

DESCRIPTION

QTY

UNIT

UNIT PRICE

AMOUNT

1 Mobilize/Demobilize 1 Job N/A $___________________

2 SHEAP 1 Job N/A $___________________

3 Improve Access Road 1 Job $___________ $___________________

4 Erosion Control 1,000 Linear Feet

Construction Run-On Channels

Linear Feet

6 Stockpile Topsoil 2,000 Cubic Yards

Excavate and Place Waste Below Access Road into Repository

2,000 Cubic Yards

Regrade Mine Waste Above Road

3/4 Acre $___________ $___________________

Cap Waste Repository with Quick Lime Kiln Dust

720 Tons $___________ $___________________

Cap Waste Repository with Fly Ash

900 Tons $___________ $___________________

Cover Repository with Topsoil

2,000 Cubic Yards

Final Grade of Excavation Areas

0.5 Acres $___________ $___________________

13 Revegetation 2 Acres $___________ $___________________

ADDITIONAL Excavate and Place Waste from Below Access Road into Repository

2,000 Cubic Yards

ADDITIONAL Talus Cover Material

2,000 Cubic Yards

ADDITIONAL Excavator Time

20 Hours $___________ $___________________

17 ADDITIONAL Dozer Time 20 Hours $___________ $___________________

Grand Total $___________________

State Form SBP-6.14 Rev. 9/2006

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

BID BOND

Institution/Agency:

Project No./Name:

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

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

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

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST

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

Name (Print) Signature

Name (Print) and Title

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

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

(Corporate Seal) THE SURETY

By __________________________________________ Secretary Attorney-in-Fact

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

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

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

As of 8/16/2012

LIST OF EQUIPMENT OFFERED

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

ITEM

MAKE

MODEL NUMBER

SERIAL NUMBER

YEAR

MANUFACTURED

THIS PAGE MUST BE RETURNED WITH YOUR BID

OR THE BID MAY BE CONSIDERED NON-RESPONSIVE

PAGE 1 OF 1 PAGE

SPECIAL CONDITIONS

Bullion King Mine Waste Reclamation Project

PKA-15-746

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 off of US Hwy 550, Red Mountain Pass 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 off 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.

The mine waste will be removed from its present location by re-grading the waste pile to a shallower more stable slope and amending the surface of the waste and covering with on-site soil 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 chemically impervious barrier.

The project work will include improving and widening the access road, stockpiling topsoil, consolidating and grading mine wastes, amending the top three feet of the mine waste to create a chemical barrier to prevent leaching, constructing run-on and run-off controls within the project area, covering the repository with stockpiled topsoil, potentially utilizing an on-site talus source for cover materials, and revegetation.

PRE-BID MEETING AND SITE SHOWING

A mandatory pre-bid meeting and site showing will be held at 10:00AM on Wednesday, October 8, 2014. The meeting will start at the Silverton Visitors Center located at 414 Greene Street, Silverton, CO. Please see attached map for the pre-bid meeting location.

The pre-bid will last at least three hours. Please be prepared by packing lunch, water, and sunscreen.

Due to possible inclement weather, please verify that the pre-bid is still scheduled by calling Kirstin Brown, Project Manager, at (970)903-7889 no later than 5:00 pm on Tuesday, October 7, 2014.

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

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

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

SPECIAL REQUIREMENTS

Summary of Qualifications and References

Bidders must submit a summary of qualifications and a list of three references in order to bid this project. Only bidders who meet the minimum qualifications will be considered responsive and 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 (ie: more than ten miles from nearest sources of fuel, parts equipment and similar) while working with acid generating materials and near acidic mine water discharges:

- Excavation of mine waste materials

- Handling of acidic mine discharge water

- Screening of native and non-native earthen materials

- Installation of geomembrane/geotextile liner materials

To qualify for consideration, bidders must submit a list of three references. 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.

The Bidder must also submit the CHEMICAL ANALYSES of proposed cement kiln dust and fly ash sources with their bid.

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 Monday, February 23, 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.

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.

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

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

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

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

BID OPENING DATE

The bid opening date for this project is Tuesday, February 24, 2015 at 10:00 am.

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

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

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

RETAINAGE

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

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

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

BID AWARD

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

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

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.

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 a shallower more stable slope and amending the surface of the waste and covering with on-site soil and rock. Amending and covering of the pile has been designed to prevent leaching of heavy metals and production of acidic water through installation of a chemically impervious barrier.

The project work will include improving and widening the access road, stockpiling topsoil, consolidating and grading mine wastes, amending the top three feet of the mine waste to create a chemical barrier to prevent leaching, constructing run-on and run-off controls within the project area, covering the repository with stockpiled topsoil, potentially utilizing an on-site talus source for cover materials, and revegetation.

Work Tasks

The tasks included in this project are as follows:

Task 1: Mobilization/Demobilization Task 2: Project Safety Plan Task 3: Improve Access Road Task 4: Erosion Control Task 5: Stockpile Topsoil Task 6: Construct Run-On Channels Task 7: Excavate and Place Waste from Below Access Road Task 8: Regrade Mine Waste Above Road Task 9: Cap Waste Repository with Quick Lime Kiln Dust (Top 3') Task 10: Cap Waste Repository with Fly Ash (Top 6") Task 11: Cover Repository with Topsoil Task 12: Final Grade of Excavation Areas Task 13: Revegetation Task 14: Additional Excavate and Place Waste from Below Access Road Task 15: Additional Talus Task 16: Additional Excavator Time Task 17: Additional Dozer Time

TASK 1 MOBILIZATION/DEMOBILIZATION

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

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

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

Measurement and Payment

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

TASK 2 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 691 CR 233, Suite A-2 Durango, CO 81301

FAX (303) 832-8106

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 at highway 550.

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

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. 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 scope of work. The PROJECT MANAGER will approve all road widths in order to prevent over-widening of the road. The road must be accessible for to complete the scope of work, but not so wide as to increase the amount of traffic to the Bullion King Mine area.

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

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

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, including all necessary machine time, tools, and other necessary items to accomplish the task.

Payment shall be made as this Task is completed and approved by Project Manager.

TASK 4 EROSION CONTROL

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. Erosion control BMP’s to be implemented include 10” ERTEC S- Fence (or pre-approved equivalent) along excavation boundaries and at the toe of all slopes being disturbed by construction, surface roughening in barren areas, and the construction of swales, where appropriate. Erosion control will also be used above any depression or swale where sediment laden water could pool, and along the margins of any open water adjacent to ground disturbing activities. CONTRACTOR will provide and properly install S-Fence at the direction of the PROJECT MANAGER. Silt fence must be installed according to Section 22.4 of the 2009 General Bid Specification. An estimated 1,000 linear feet of S-fence will be used during project construction activities. All S-fence will be installed according to the manufacturer’s specifications, which are included below, and will be removed following completion of construction activities.

ERTEC 10” S-Fence Specifications

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

GUIDE SPECIFICATION

PRODUCT:

S-Fence™

MANUFACTURER/LOCAL REPRESENTATIVE:

Chris Liller

ERTEC ENVIRONMENTAL SYSTEMS

Montrose, Colorado Regional Manager CO, WY, UT 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:

mailto:www.cliller@ertecsystems.com http://www.ertecsystems.com/

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

0.35 / 0.48

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

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

Ultraviolet stability (outer jacket & filter), percent tensile strength retained after 500 hours, min.

ASTM Designation: D 4355

San Diego State University SERL soil retention test

– 3 consecutive 10 yr storms

81%

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

* or appropriate test method for specific polymer

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

E. Stakes. Installations shall use 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 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 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 straw wattles 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.