2307 Pyramid SM-7 Remedial Special Provisions~2.docx

ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR)

PROJECT REQUIREMENTS & SPECIFICATIONS

The Project Site is located approximately (8) miles west of DuQuoin on Rt. 152. It is accessed by traveling 1.6 miles west of Rt. 13 on Rt. 152 (Pyatt Cutler Road) to a gated private drive on the north side of Rt. 152. Proceed north into the property approximately 0.7 miles to the beginning Station 0+00 of the Haul Road to be treated. (T6S, R3E, of Section 11, in Perry County. (2) Parcels affected PIN 1-63-0100-030 and contiguous PIN 1-63-0070-130

PROJECT NARRATIVE:

Previous reclamation activity included Mine Refuse Treatment over the previously affected mine site. However, one portion of a haul road running North/South was never lime treated. The length is approximately 1,500 feet, and variable width 60-100 feet. Soil samples and Lab analysis has provided a recommended rate of Lime to be applied. This project will disc and incorporate Agricultural ground limestone and final grading to ensure positive drainage.

SCOPE OF WORK:

This reclamation project provides for the correction of hazardous mine conditions and for the correction of existing mine conditions which adversely affect the surrounding environment. This project consists of work items as described in detail herein, and within the Plans or Plan Documents and include Mine Refuse Treatment and Seeding on approximately 3 acres.

STARTING DATE OF THE CONTRACT

Work on the project shall commence within seven (7) calendar days of the execution of the contract. The Contractor shall contact the Department within the 7-day period to notify the department of anticipated construction schedules.

CONSTRUCTION ENDING DATE

All work associated with specification provisions including mobilization/ demobilization shall be completed by March 31, 2025.

All remaining work, including final clean up, removal of equipment, final inspection, any alterations, repair, remedial or holdover work, reseeding, and submission of the final pay request shall be completed prior to the contract ending date.

OWNER OCCUPANCY

Owners will occupy premises during entire construction period for conduction of their normal operations. The Contractor shall cooperate with Owners in scheduling operations to minimize conflict and to facilitate Owner's usage.

PROJECT SPECIFICATION

Those Sections and Articles of the "Standard Specifications for Road and Bridge Construction," adopted January 1, 2022, by the Illinois Department of Transportation (IDOT); as amended and supplemented by the "Supplemental Specifications and Recurring Special Provisions," adopted January 1, 2024 (hereinafter referred to collectively as "Standard Specifications"), that are referenced in these bid documents are incorporated by reference. (The Standard Specifications are available on-line at IDOT’s web site or can be purchased from IDOT.)

In the application of the Standard Specifications to this Contract, references to the Department of Transportation shall be interpreted to mean the Illinois Department of Natural Resources; Office of Mines and Minerals; Abandoned Mined Lands Reclamation Division (AMLRD).

The following Sections of the IDOT Standard Specifications have been modified for this project by the AMLRD and are included below and on the following pages and govern contract work at or on this project:

Appendix A contains the plans for this project.

SECTION 000- Existing Pavements SECTION 101 - Definition of Terms SECTION 250 - Seeding SECTION 255 - Mine Refuse Treatment SECTION 671 – Mobilization

AMLRD SUPPLEMENTAL SPECIFICATION FOR

SECTION 000 – General Conditions

EXISTING PAVEMENTS

Existing on-site roadways may be used for construction traffic. The Contractor shall provide temporary additional roads needed for required construction access, maintain existing roads throughout construction, and restore to original or better condition at completion of work.

Public roads used to access the site are under the jurisdiction of local highway authorities. Temporary or permanent weight limits may be present on the roads. Construction traffic will travel on roadways within the authority of Perry County Highway Department. Contact person is Brian Otten, Perry County Highway Department botten@perrycountyil.gov, (618-357-6556).

End of Revisions to SECTION 000.

SECTION 101. DEFINITION OF TERMS

Whenever in these specifications or in other contract documents the following terms or pronouns in place of them are used, the intent of meaning shall be interpreted as follows:

101.03 Award. Revise as indicated:

The decision of the Illinois Department of Natural Resources; Office of Mines and Minerals; Division of Abandoned Mined Lands Reclamation to accept the proposal of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law.

101.14 Department. Revise as indicated:

The Department of Natural Resources of the State of Illinois with its principal offices of business at Springfield.

101.16 Engineer. Revise as indicated:

The Director of the Department of Natural Resources of the State of Illinois; or his authorized representative limited by the duties entrusted to him.

101.35 Right of Way. Revise as indicated:

Right of way shall be replaced by construction limits, except when used in conjunction with right of way markers or highways.

101.39 Roadway. Revise as indicated:

Roadway shall be replaced by site. Slope limits of embankments will be replaced by proposed lines and grades.

101.56 Gob. Add the following:

Coarse textured mine waste material, generally acidic, from a coal cleaning process. This material is composed of rock, shale, pyritic material and varying amounts of coal. The material varies considerably in its moisture content, texture, stable angle of repose and bearing capacity.

101.57 Mine Spoil. Add the following:

A mixture of various soil and rock material as a result of the removal of overburden to expose the coal in surface mining. The material varies considerably in its' moisture content, texture, stable angle of repose and bearing capacity.

End of Revisions to SECTION 101.

SECTION 107. LEGAL REGULATIONS AND RESPONSIBILTY TO PUBLIC

Article 107.27 Insurance. (Delete and replace with the following)

The Contractor shall obtain and thereafter keep in force the following insurance coverage provided by insurance companies acceptable to the Department and authorized to transact business under the laws of the State of Illinois. The insurance companies providing coverage shall be rated in the Best's Key Rating Guide. The Department will accept companies with a rating not lower than B+ provided the financial size category is VII or larger. Companies rated A- or better shall have a financial size category of not less than VI. Coverage limits shall be written at not less than the minimum specified in this Article. Higher minimum limits and additional coverage may be specified by a special provision elsewhere in the contract. Whether stated in this Article or elsewhere, the Department does not warrant the adequacy of the types of insurance coverage, or the limits of liability specified.

(a) Workers Compensation and Employers Liability.

(1) Workers’ compensation shall be provided in accordance with the provisions of the Illinois Worker's Compensation Act, as amended. Notwithstanding the rating and financial size categories stated in this Article, coverage may be provided by a group self-insurer authorized in Section 4(a) of the Act and approved pursuant to the rules of the Illinois Department of Insurance.

(2) Employers Liability

a. Each Accident $500,000

b. Disease - policy limit $500,000

c. Disease - each employee $500,000

(b) Commercial General Liability.

Required liability insurance coverage shall be written in the occurrence form and shall provide coverage for operations of the Contractor; operations of Sub-Contractors (contingent or protective liability); completed operations; broad form property damage and hazards of explosion, collapse and underground; and contractual liability. The general aggregate limit shall be endorsed on a per project basis.

(1) General Aggregate Limit $2,000,000

(2) Products - Completed Operation Aggregate Limit $2,000,000

(3) Each Occurrence Limit $1,000,000

The coverage shall provide by an endorsement in the appropriate manner and form, the Department, to its officers, agents and employees shall be named as additional insureds with respect to the policies and any umbrella excess liability coverage for occurrences arising in whole or in part out of the work and operations performed. The Department may accept a separate owner's protective liability policy in lieu of the Department, its officers, and employees being insured on the Contractor's policy.

(c) Owners and Contractor’s Protective (OCP) Liability.

The Contractor shall provide an OCP policy covering the property owner(s) of the site where the work is to be performed. In the case of multiple owners, all the landowners may be listed as additional insurers on the same policy.

This project will require OCP Policy coverage for _1_ property owner.

If the Contractor chooses to put the Department on an OCP (in lieu of placing the Department as an additional insured on the Commercial General Liability - see (b) above), then the Department should be listed as the insured, with all landowners listed as additional insured(s). The amounts of insurance shall be as follows:

BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY

Each Occurrence Each Occurrence Aggregate $1,000,000 $500,000 $1,000,000 or

COMBINED SINGLE LIMIT $1,000,000

The required OCP policy shall contain the following endorsement:

"Each named insured shall be provided full coverage under this policy without regard to the fact that such named insured is not in contractual privity with the Contractor. It is understood that the construction operations are performed for and on behalf of the Department, with the consent of the property owner(s)-insured(s). Coverage under this policy with respect to liability arising out of operations shall not be denied to any named insured because of his passive relationship to the Contractor".

When any named insured is a corporation, insurance coverage under the OCP policy shall extend to the Corporation, its officers, agents, and employees.

(d) Commercial Automobile Liability.

The policy shall cover owned, non-owned and hired vehicles.

BODILY INJURY & PROPERTY DAMAGE LIABILITY

Each Occurrence $1,000,000

(e) Umbrella Liability.

Any policy shall provide excess limits over and above the other insurance limits stated in this Article. The Contractor may purchase insurance for the full limits required or by a combination of primary policies for lesser limits and remaining limits provided by the umbrella policy.

When work is to be performed within railroad rights-of-way, the requirements of Article 107.11 of the Standard Specifications will also apply.

All insurance shall remain in force during the period covering occurrences happening on or after the effective date and always remaining in effect during performance of the work and thereafter when the Contractor may be correcting, removing or replacing defective work until notification of the date of final inspection. Termination or refusal to renew shall not be made without 30 days prior written notice to the Department by the insured(s) and the policies shall be endorsed to remove any language restricting or limiting liability concerning this obligation.

Certified copies of the original policies or certificate(s) of insurance by the insurer(s) issuing the policies and endorsements setting forth the coverage, limits and endorsements shall be filed with the Department before the Department will execute the contract. A certificate of insurance shall include a statement that, "the coverage and limits conform to the minimums required by Article 107.27 of the Standard Specifications for the Road and Bridge Construction". Any exception or deviation shall be brought to the attention of the Department for a ruling of acceptability. In no event shall any failure of the Department to receive polices or certificates or to demand receipt be construed as a waiver of the Contractor's obligation to obtain and keep in force the required insurance.

All costs for insurance as specified herein will be considered as included in the cost of the contract. The Contractor shall, at its own expense and risk of delay, cease operations if the insurance required is terminated or reduced below the required amounts of coverage. Coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from its obligation to indemnify in excess of the coverage in accordance with the contract.

End of Revisions to SECTION 107

SECTION 250: SEEDING

SECTION 250. SEEDING (Delete the entire Section and replace with the following)

Article 250.01 Description

This work shall consist of preparing the seed bed and placing the seed and other materials required in the seeding operations. On any slope flatter than 3:1, after rough grading is completed but prior to final grading and seedbed preparation, agricultural lime shall be applied. Then straw shall be blown over the area to be seeded at a rate of 1 ton per acre. The Contractor shall disc the area with an agricultural (or Engineer approved) disc to a depth of 6 inches. The Contractor shall then final grade.

After final grading is completed the following sequence of operations is required:

(a) Create loose seedbed to the depth specified (2-3 inches on flat sections, 1-2 inches depth on slopes) by light discing, harrowing, or Engineer approved methods.

(b) Apply nutrients and seed per specifications and at rates shown in the plans.

(c) Roll once with a cultipacker or mulching roller.

(d) Install Excelsior blanket when specified.

(e) Apply mulch per specification, exclude areas of excelsior blanket.

(f) Roll once with a cultipacker or straight blade disc/knife over the mulch.

Article 250.02 Materials (Seeds, Agricultural Ground Limestone, Nutrients)

(a) Sampling and Testing. Each lot of seed, or seed mixture, except Prairie Forbs, furnished shall be tested by a State Department of Agriculture (including other states), or by land grant college or university agricultural sections, or by a Registered Seed Technologist. The seed sample shall be sent directly from the dealer to the place of testing. The cost of this testing shall be included in the unit bid price. All seeds shall comply with the requirements of the U.S. Department of Agriculture Consumer and Marketing Service, Rules and Regulations under the Federal Seed Act of August 9, 1939, issued March 1940, reprinted with amendments April 1968, or any current revisions. Acceptance of seeds furnished under this Specification will be based on receipt and approval of a certification covering tests from each lot of seed. Certification shall consist of test reports showing the required test results of lots corresponding to the shipment and signed by the responsible personnel of a State seed laboratory or college or university seed testing section or a Registered Seed Technologist. A Registered Seed Technologist shall verify his/her signature with his/her Society of Commercial Technologists' seal.

The sample must be tested within 60 days of scheduled seeding and include:

(10) Hard Seed Percentage Analysis

(11) Other Crop Names and Percentages

(12) Common Weed Names & Percentages

(13) Percentage of Total Inert Matter

(14) Noxious Weeds and Percentages (if any)

A ten-percent tolerance will be allowed for each specified pure live seed species in the total seed mixture. If test results indicate insufficient pure live seed of any species, additional pure live seed of the same species shall be added prior to seeding, to correct deficiencies to within the ten percent tolerance allowable.

If test results indicate the presence of an Illinois noxious weed, or the seed mixture is found unacceptable by reason of any other defect that in the judgment of the Engineer cannot be corrected, the Contractor shall obtain a new supply of the specified seed mixture. Any areas seeded with an unacceptable seed mixture shall be destroyed, by preparing a new seed bed and reseeding. No additional compensation will be allowed for correcting deficiencies to within the allowable tolerance, for obtaining a new seed supply if required, or for reseeding.

Seeds may be sampled at destination on a random basis and tested for comparison with certification and compliance with the Specifications. If deviations are found, the results will be reviewed to determine whether the material is acceptable for use. Major deviations may result in a requirement that each lot of material from the source in question be sampled, tested and approved by the Illinois Department of Agriculture before further use.

Article 250.03 Equipment (Items specified here shall meet the requirements under IDOT Article 1101.08.)

(a) Broadcast Seeders / Spinning Disk Seeders

(b) Cultimulcher / Cultipacker

(c) Harrows - Spike Toothed and Tine Toothed Spike and tine toothed harrows shall be commercially manufactured harrows designed for light tillage necessary to cover grass and legume seed after these seeds have been broadcast with spinning disk seeders, truck mounted air flow fertilizer/seeder spreaders, and aerial seeders. This does not eliminate the requirement to roll the area with a cultipacker.

(d) No-Till Seeder Rangeland Drills & Inter-seed Attachment

These shall be commercially manufactured no-till (zero-till) seeders specifically designed for no- till placement of grass and legume seed and shall be approved by the Engineer prior to use. Equipment used for Native seeding shall be a rangeland drill designed to plant multiple species of grasses and grains on sites that require various calibrations of seed to be applied based on the variety of seed and seed size. Small native seeds require specific calibration not common in conventional planting equipment such as spinning wheel/broadcast seeders.

Article 250.04 Fertilizer and Agricultural Ground Limestone Application

(a) Prior to the application of fertilizer nutrients and agricultural ground limestone on the soil and/or coal refuse, the Contractor shall notify the Engineer. Lime source correction factors and nutrient strength data shall be used to determine the actual nutrient applied.

(b) Immediately prior to seed bed preparation and seeding, fertilizer nutrients and agricultural ground limestone shall be uniformly spread at the specified rates over the areas designated. Specified rates are listed on the plans under Summary of Quantities or Schedule of Seeding, Fertilizer Nutrients, Mulch and Mowing. Operations that damage areas of existing turf shall be repaired and restored at the Contractor’s expense. Split application of Potassium nutrients may be required.

(c) When Incorporation - Limestone and Mulch are to be used, as specified in the plans, agricultural ground limestone shall be applied in accordance with SECTION 256. The fertilizer nutrients and shall then be uniformly spread at the rates specified over the incorporated areas and tilled into the soil with the use of a spike toothed or tine toothed harrow as directed by the Engineer. Seed shall be applied, and one pass will be made with an approved cultipacker after the seed is sewn.

(d) No-till (zero-till) Seeding. No-Till (zero-till) seeding will not require seed bed preparation. Agricultural ground limestone shall be applied two weeks (14 days) prior to no-till (zero-till) seeding. Fertilizer nutrients shall be applied two weeks (14 days) after no-till (zero-till) seeding according to the Engineer's discretion. The no-till (zero-till) areas may or may not be mowed prior to or after no-till (zero-till) seeding according to the Engineer's discretion. If the Engineer determines mowing is necessary, it will be measured and paid for according to Articles 250.09 and 250.10, respectively. At no time will the seeder be used as a mulch stabilizer in conjunction with seeding or alone.

(e) Direct Vegetation. If seed bed preparation is required on direct vegetation areas, agricultural ground limestone and fertilizer nutrients shall be applied prior to seeding and according to these specifications. If seed bed preparation is not required or if the Engineer determines it is impractical, the agricultural ground limestone and fertilizer nutrients shall be applied according to the Engineer's discretion.

Article 250.05 Seed Bed Preparation

Seed bed preparation cannot be performed sooner than 14 days prior to seeding. Seed bed preparation will not be required when no-till seeding or Incorporation - Limestone and Mulch is specified. The prepared surface shall be free of rills, vegetative clumps, or other debris. Rocks and objects larger than 6 inches shall be removed. No seed shall be applied until the seedbed has been approved by the Engineer. The final 18 inches of fill shall not be compacted but remain loose.

Article 250.06 Seeding Methods

No seed shall be sewn in wind conditions greater than 10 mph. Equipment shall be calibrated to deliver a uniform density and shall cover the entire area.

Interseeding native seed species and some wetland species may require hand sowing due to the small size of the seed. Only mechanical equipment such as a Rangeland drill capable of delivering the seed size uniformly will be used. Hand seeding each species individually is the alternative.

Article 250.07 Seeding Dates and Seed Mixture for Permanent Seeding

Seed bed preparation may be allowed by the Engineer prior to seeding dates at his/her discretion. The Contractor may submit a written request to deviate from the Contract seeding dates, but germination success and reseeding guarantee remain.

Seeding shall be March 1st to March 31st, 2025 for the following seeding mixes.

Alsike Clover or Ladino Clover or

Replace Cereal Rye with 20 lbs. of Spring Oats and 10 lbs. of Buckwheat for Spring Seeding

All Legumes such as alfalfa and clovers shall be inoculated per the recommendations of that inoculant producer prior to seeding. Operations must be completed within 24 hours of inoculation.

Article 250.12 Basis of Payment

The cost of seed testing and any temporary seeding or reseeding will not be paid for separately but shall be considered incidental to the cost of SEEDING. Seeding and Mulch shall be measured and paid by the area in Acres. Nutrients shall be paid by the pounds of actual nutrient.

End of SECTION 250.

SECTION 255: MINE REFUSE TREATMENT - (add this section)

Article 255.01 Description

This work shall consist of furnishing, transporting and incorporating Agricultural Ground Limestone required in the treatment of mine refuse. Multiple applications of Agricultural Ground Lime may be required, as specified in the plans.

Article 255.02 Materials

Agricultural Ground Limestone used for treatment of mine refuse shall meet the requirements of Article 1081.07 of the Standard Specifications.

Article 255.03 Equipment

Equipment used for incorporating Agricultural Ground Limestone specified in the plans into the upper surface of the mine refuse shall consist of a tractor drawn offset disk. The disk shall have the capability of cutting to the depth of 10 inches). The offset disk shall consist of two rows, or gangs, of disks set at an angle to each other. Each gang shall have a separate frame and axle assembly. The angle shall be adjustable for varying conditions.

Article 255.04 Construction Requirements

The Contractor shall make an initial pass with the disc at full depth over the existing surface in the area marked by the Engineer. Once deep disced, 60 ton per acre of corrected lime quantity will be uniformly mechanically spread over the mine refuse area at the rates of application as shown on the plans. One ton of mulch per acre shall also be placed over the area to be seeded. The entire refuse area shall again be disced at full depth to the satisfaction of the Engineer. Then prepare the seedbed and continue with permanent seeding.

Article 255.05 Method of Measurement

Mine refuse treatment will be measured for payment in (tons) of Agricultural Ground Limestone incorporated as specified herein. Measurement shall be based on weight tickets or receipts provided to the Engineer. Agricultural Ground Limestone will be measured by weight in (tons) of Agricultural Ground Limestone having an effective neutralizing value of 67.5 (four-year based, a source correction factor of 1.0).

Pay quantity will be computed according to procedures established by the Department. Applied quantity shall be the plan quantity multiplied by the source correction factor. The pay quantity shall be corrected for variations in applied quantity. Payment will not be made for Agricultural Ground Limestone in excess of 108 percent of the amount specified by the Engineer.

Article 255.06 Basis of Payment

Mine refuse treatment will be paid for at the contract unit price per metric ton (tons) of MINE REFUSE TREATMENT - LIMESTONE.

End of SECTION 255: MINE REFUSE TREATMENT

SECTION 671. MOBILIZATION (Delete entire section and replace with the following:)

Article 671.01 Description

This work shall consist of preparatory work and operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for establishment of offices, buildings and other facilities necessary for work on the project; and for all other work or operations which must be performed, or costs incurred when beginning work on the project.

This work shall also consist of ancillary tasks which are not covered by other pay items. These tasks may include, but are not necessarily limited to, fence removal, pumping water, traffic control, and providing and maintaining construction barriers and signage.

The amount which a Contractor will receive payment for, in accordance with the following schedule, will be limited to six percent (6%) of the total contract bid.

Article 671.02 Basis of Payment

Payment of the lump sum amount bid for this item will be made in one payment after mobilization.

APPENDIX A

PLANS