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November 17, 1995 Article 6. APPLICANT VIOLATOR SYSTEM The successful bidder will be required to submit a completed AML Contractor Ownership and Control Form and pass a check of the Applicant Violator System. Although there are many circumstances under which a bidder might be found "not responsible", any contractor who has had direct or indirect association with a firm that has had a permit revoked or a bond forfeited by the Division of Minerals and Geology or the Mined Land Reclamation Board will be considered not responsible, and not eligible to be awarded any bid. Any firm listed in the federal Office of Surface Mining's Applicant Violator System or who is not confirmed by the Office of Surface Mining will be considered not responsible. Article 7. MINORITYNVOMEN BUSINESS PARTICIPATION The successful bidder is required to complete and return the Minority (MBEI/women (WBEJ Business Participation form before an Agreement will be executed. Article 8. NOTICE TO PROCEED After the Agreement has been fully-executed, the Principle Representative will issue the Notice to Proceed consistent with the project dates in the Special Conditions. Under no circumstance shall the Contractor begin work before a Notice to Proceed is issued. Article 9. ACCIDENT PREVENTION AND SAFETY MEASURES The Contractor shall comply with applicable provisions of OSHA Part 1926, Construction Standards and Interpretations, in effect on the date of Bid Opening. The Contractor shall continuously maintain, at his expense, adequate protection of the work and the Principle Representative's property, and shall take all practicable precautions in the interest of safety. Any shafts which were fenced prior to construction activities shall be protected by a temporary fence during non-working hours. Without relieving the Contractor of its legal or contractual duties to take safety precautions, other openings may be designated by the Principle Representative as requiring fencing due to proximity of houses or visitation by tourists. Work may involve activities around unprotected hazardous mine shafts, stopes, adits and other openings which may be open to the surface or hidden from view by trash, debris, vegetation, or thin and unstable layers of surficial materials or rock. The Contractor shall be responsible for thoroughly investigating the site conditions and scheduling and directing his equipment, equipment operations, personnel and safety procedures to prevent accidents and injuries. Failure to comply will be cause for immediate suspension of the work. All Chemicals, equipment and materials proposed and/or used in the performance of this Contract must conform to the standards required by the William-Stieger Occupational Safety and Health Act of 1970. Bidders must furnish all Material Safety Data Sheets jMSDSI for any regulated chemicals, equipment or hazardous materials at the time of delivery to the job site. Article 10. PLANS AND WORKING DRAWINGS The drawings if any, included with the Contract Documents are complete and adequate for construction. While every effort has been made to have the plans and drawings free of errors and ambiguities, any such errors or ambiguities must be brought to the Principle Representative's attention immediately. Article 11. JOB PROGRESS REPORTS The Contractor will be required to properly complete weekly or daily progress reports, forms for which will be provided by the Principle Representative. Completed reports must be submitted to the Principle Representative prior to or at the time of requests for payment. Payment requests will not be processed until progress reports corresponding to the payment period are received. DMG-4