Addendum #01 ARFQ DEP2100000062 Buffalo Creek.pdf

AGENCY SOLICITATION NUMBER – ARFQ ______________

Addendum Number: ____

The Purpose of this addendum is to modify the solicitation identified as (“Agency Solicitation”) to reflect the change(s) identified and described below.

Applicable Addendum Category:

[ ] Modify bid closing date and time

[ ] Modify specification of product or service being sought

[ ] Attachment of vendor questions and responses

[ ] Attachment of pre-bid sign-in sheet

[ ] Correction of error

[ ] Other

Description of Modification to Solicitation:

This Addendum issued to publish and distribute the attached documentation to the vendor community.

Additional Documentation: Documentation related to this Addendum (if any) has been included herewith as Attachment A and is specifically incorporated herein by reference.

Terms and Conditions:

1. All provision of the Agency Solicitation and other addenda not modified herein shall remain in full force and effect.

2. Vendor should acknowledge receipt of all addenda issued for this Agency Solicitation by completing an Addendum Acknowledgement, a copy of which is included herewith. Failure to acknowledge addenda may result in bid disqualification. The addendum acknowledgement should be submitted with the bid to expedite document processing.

DEP2100000062

1. To publish pre-bid meeting sign in sheet and notes

2. To add two commodity lines

3. To publish additional specifications and drawings

DEP2100000062

Buffalo Creek (Slone) Portals

Addendum #1

Item 1: The contractor will have 7 days from the date of the Notice to Proceed to complete construction activities on the project. The $1,000 per day liquidated damage clause will be in effect after the 7 days.

Item 2: All additional questions shall be emailed to DEPProcurement@wv.gov by June 14th, 2021 at 5:00 p.m. so all questions are responded to in a timely manner.

Item 3: All contractor required documents shall be uploaded to the Vendor Self Service (VSS) site. The bid will be disqualified if all required documents are not submitted.

Item 4: Section 9.0 Traffic Control of the specification have been modified to include a pay item, 9.1, and are attached. The attached section 9.0 will replace the section originally included in the specifications.

Item 5: There is now a Section 10.0, Administration, that is included in the specifications. This section will be a pay item, 10.1, and is included as an attachment to this addendum.

QUESTIONS AND ANSWERS

Q: Are there special requirements for CSX for insurance?

A: Yes. They are as follows:

Worker’s Compensation and Employers Liability Insurance with available limits of not less than $1,000,000, which insurance must contain a waiver of subrogation against CSXT and its Affiliates.

Commercial General Liability Coverage (inclusive of contractual liability) with available limits of not less than $5,000,000 in combined single limits for bodily injury and property damage and covering the contractual liabilities assumed under this agreement.

Business Automobile Liability insurance with available limits of not less than $1,000,000 combined single limit for bodily injury and/or property damage per occurrence.

Railroad Protective Liability Insurance, naming CSXT, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of $5,000,000 per occurrence for bodily injury and property damage with at least $10,000,000 aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used.

A policy endorsement naming CSXT, and/or its designee, as an additional insured and specifying such coverage shall be furnished to CSXT prior to the execution of the Agreement.

mailto:DEPProcurement@wv.gov

DEP2100000062

Buffalo Creek (Slone) Portals

Addendum #1

Licensee shall provide CSXT with a copy of the insurance policies.

Q: What are the requirements for the WVDOH?

A: The WVDOH requires that we provide signage and flagging as shown on the attached diagram. This is per the MM-109 permit obtained through WVDOH District 2.

Q: What do we do with the trees that need to be removed?

A: All trees cut shall be removed per Section 4.0 of the specifications.

Q: Is there an Engineer’s Estimate?

A: Yes. The Engineer’s Estimate is $66,050.

Q: Where is the pipe into the portals going? Is there a certain elevation?

A: The pipe shall be installed in the grout in a location that allows water to flow through the grouted mine seal. There is no specified elevation for the pipe installation. It shall be installed as close to the mine floor as possible.

Q: How is the grout paid?

A: The grout is paid by cubic yard.

Q: How is the CSX flagging to be paid?

A: DEP AML will pay CSX directly for the flagging.

9.0 TRAFFIC CONTROL

9.1 Description

This work shall consist of all necessary measures to maintain and to protect traffic; to protect the work in progress; to protect adjacent property from excess dust resulting from the construction area, and to maintain traffic through, around, or adjacent to the construction area, in accordance with these specifications or as directed by WVDEP.

9.2 Materials

All materials used for traffic control shall be in accordance with the current WV Division of Highways Manual “Traffic Control for Streets and Highway Construction and Maintenance Operations.”

9.3 Construction Methods

Control and protection of traffic through work areas shall comply with the current WV Division of Highways Manual “Traffic Control for Streets and Highway Construction and Maintenance Operations”. All traffic plans must be coordinated through the

WVDOH.

The Contractor shall be responsible for developing a traffic control plan that complies with the WVDOH requirements. A copy of the traffic control operational plan and WVDOH’s approval of said plan shall be submitted to the WVDEP Representative for approval prior to its implementation. Access to residences shall be maintained during construction. The Contractor shall give the WVDOH seven (7) working days’ notice prior to the beginning of work so the public can be made aware of forthcoming construction activities.

9.4 Method of Measurement and Basis of Payment

“Traffic Control” shall be paid per lump sum and shall include all materials, labor, equipment, and incidentals necessary to complete the work.

Permit fees and other miscellaneous associated costs associated with and required for any Traffic Control work shall be considered incidental to this item.

The bid for “Traffic Control” shall be lump sum and cannot be more than 3% of the TOTAL

AMOUNT BID for the project.

No deduction will be made nor will any increase be made, in the lump sum traffic control item amount regardless of decreases or increases in the final total contract amount or for any other cause.

9.5 Pay Item

Item 9.1 “Traffic Control” per lump sum cannot be more than 3% of the TOTAL

AMOUNT BID for the project.

10.0 ADMINISTRATION

10.1 Description

This work shall consist of required administrative costs associated with the construction of the project.

10.2 Summary

A. Administrative costs may include, but not limited to:

1. Permits, if applicable.

2. Special Railroad Protective Insurance, if applicable.

3. Bonding.

4. Insurance Certificates.

5. Temporary office trailer fees, if applicable.

10.3 Method of Measurement and Basis of Payment

The quantity of Administrative work done will be paid at the contract lump sum price bid for this item. Said lump sum bid cannot be more than 3% of the "TOTAL AMOUNT BID" for the project. No deduction or increase shall be made in the lump sum "Administration" item amount regardless of decreases or increases in the final total contract amount or for any other cause.

The method of measurement for determining the quantity of Administration as described above will be on a lump sum basis and may be billed with the first invoice.

10.4 Pay Items

Item 10.1, “Administration”, per lump sum cannot be more than 3% of the TOTAL AMOUNT BID for the project.