Addendum No 1 ARFQ DEP26-27 Price Hill Complex Pond Cleaning.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.

Addendum #1 AML – Price Hill Complex – Pond Cleaning

ARFQ DEP-0313-DEP26*27

The following are questions that were identified at the Pre-Bid Conference (PBC) conducted on-site on October 1st, 2025, questions provided to the WVDEP Procurement, Project Clarifications, Project Notes, Project changes, Technical Specification Changes, and Project Plan Changes. The answers and clarifications provided herein take precedence over verbal answers at the PBC and previously provided specifications and descriptions provided in the Solicitation should there be any conflicts between the two.

QUESTIONS AND ANSWERS

Q1. Provide detailed specification for the compaction testing -there are several references to 95% compaction standard proctor and 90% compaction standard. Which is correct?

A1. The compaction requirements have been revised to say as approved by WVDEP.

Q2. Confirm maximum flow of the AMD from the mine source. At the pre-bid there was little or no flow. What are the variations?

A2. The estimated average is 1,000 GPM but flows can be as high as 3,000 GPM

Q3. Confirmation of lift thicknesses. In the several locations it states 1’ and others it states 2’?

A3. The lift thickness is a maximum 12”.

Q4. Can any of the existing fence be reused or totally be replaced?

A4. Existing fence cannot be used, all fence material is to be new.

Q5. I was just trying to get clarification on if you guys were wanting V-BIO polywrap on the PVC pipe, a vendor that we spoke with said they have never seen anything like that.

A5. The V-BIO polywrap will be removed from the specifications and will not be required.

Q6. Also, for the cleanout, were you wanting a straight 24-inch cleanout or a 12 inch?

A6. The cleanout will be 24”

PRE-BID QUESTIONS AND ANSWERS

Q7. Regarding the compaction requirements, how will we achieve 95%.

A7. The compaction requirements have been revised to say as approved by WVDEP.

Q8. Do we have to wait 7 days between lift?

A8. The statement has been removed from plan set.

Q9. What is the lift thickness?

A9. The lift thickness is a maximum 12”.

ARFQ DEP-0313-DEP26*27

Q10. How do we measure yardage?

A10. Refer to the Technical Specifications Chapter 12 for method of measurements.

Q11. Does the water treated?

A11. Water does not need to be treated for iron.

Q12. How will we be paid for handling material in pond 1.

A12. Pond 1 material handling is considered incidental to pay item 12.2

Q13. What is the typical flow rate?

A13. The estimated average is 1,000 GPM but flows can be as high as 3,000 GPM

Q14. Who is responsible for compaction?

A14. The contractor is responsible for compaction.

Q15. Where is the manhole?

A15. The manhole is now shown on sheet 16 of the construction plan set.

Q16. Are there tree clearing dates.

A16. Tree clearing of the borrowed area will be limited to November 15th through March 31st

Q17. What are the cross sections showing?

A17. A bathymetric survey of each pond has not been conducted. The existing groundline shown on the cross section is an approximation based on flown topo. The proposed final grade depicts the grade of the pond once sediment has been removed and the pond is re-shaped.

Q18. Can we put a culvert in Dunloup creek and cross it from the borrow area?

A18. No.

Q19. What is the purpose of the Temporary AMD Reroute Site?

A19 The temporary AMD Reroute Site is to intercept water from the underground mine that drains into pond 1 during construction. The water will be pumped directly into Dunloup Creek. Once construction is complete and pond 1 is decommissioned, the pipe will be redirected into pond 2.

Q20. The volume of Pond 1 is not adequate for the amount of sludge.

A20. The volume has been revised to the correct amount, 14,400 CY.

Q15. How do we mix the lime with the sludge?

A15. The lime is to be mixed with mechanical stabilizers or tillers.

Q21. How much lime?

A21. 235 LBS of CaO per cubic yard of sediment.

Q22. The fittings for the pipe are 12” yet the pipe is 24”?

A22. Fittings will be 24”. This has been revised on the detail.

ARFQ DEP-0313-DEP26*27

Q23. The specifications indicate the pipe should be 24” PVC but the detail shows a C900 Piping.

A23. Pipe should be 24” PVC. This has been revised on the detail.

Q24. The bid schedule states there is 5,000 CY of excavation but the plans do not show this much.

A24. The 5,000 CY of excavation is to be used for the borrow area and cover soil on the decommissioned pond. The amount is intentionally set larger than what is expected to cover any unknowns.

REVISED SPECIFICATIONS

1. Revised Chapter 12 to remove Pay Item 12.3, Cover soil. This will be paid under Pay Item 8.1 Unclassified Excavation.

2. Chapter 12 has been revised to specify method of measurement for Ponds 1, 2, 3 & 4.

3. Chapter 13 has been revised to remove the V-Bio polywrap requirement for the pipe.

REVISED DRAWINGS

Sheet 12 has been revised to state lifts thickness and compaction requirements are as approved by WVDEP. The requirement to wait 7 days between lift placement has been removed.

Sheet 17 has been revised to show the manhole

Detail D-17 on Sheet 21 has been revised to show 24” fittings

CLARIFICATIONS, NOTES, AND CHANGES

REVISED BID SCHEDULE ( Submitted separately)

1.Bid Item 12.3 was removed

PRE-BID SIGN IN SHEETS

*All Revised documents should be attached in the same order. If there is a revised Engineer estimate it needs to be attached separate, we do not provide these to the vendor. Just the amount.

CONSTRUCTION SPECIFICATIONS

Price Hill Complex – Pond Cleaning

FAYETTE COUNTY, WEST VIRGINIA

STATE OF WEST VIRGINIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

ABANDONED MINE LANDS AND RECLAMATION

NOVEMBER 6, 2024

TABLE OF CONTENTS

I. SPECIAL PROVISIONS

I. LOCATION / SITE DESCRIPTION

II. SCOPE OF WORK

III. BORROW (DISPOSAL) AREAS

IV. DISPOSAL OF UNSUITABLE MATERIAL

V. PERMITS, LICENSES AND FEES

VI. CONTRACTOR INFORMATION FORM (AVS)

VII. NPDES STORMWATER REQUIREMENTS

VIII. CONSTRUCTION SIGN

II. TECHNICAL SPECIFICATIONS

1.0 MOBILIZATION AND DEMOBILIZATION

2.0 CONSTRUCTION LAYOUT

3.0 QUALITY CONTROL

4.0 SITE PREPARATION

5.0 EROSION & SEDIMENT CONTROL

6.0 REVEGETATION

7.0 DRAINAGE STRUCTURES

8.0 UNCLASSIFIED EXCAVATION

9.0 UTILITIES

10.0 TRAFFIC CONTROL

11.0 POND DEWATERING

12.0 SEDIMENT DISPOSAL

13.0 WATER DISTRIBUTION AND TRANSMISSION SYSTEM

14.0 Fencing

Price Hill Pond Cleanings

I. SPECIAL PROVISIONS

I. LOCATION / SITE DESCRIPTION

The Price Hill Complex – Pond Cleaning Project is located in Price Hill, West Virginia in Fayette County. The project comprises of dewatering existing sedimentation ponds, solidifying the sediment with hydrated lime, encapsulating solidified sediment, and rerouting the treatment inlet of the pond. The total project area encapsulates 4.9 acres, which includes a total pond surface area of 2.3 acres. The ponds are accessed through a narrow roadway located between the eastern side of the ponds and the vegetated slopes of Dunloup Creek. The western slope of the site is steep and well-vegetated is also the source of three stormwater inlets.

Directions to site:

From Beckley; take I-64/I-77 North to Exit 48 (Route 19). Follow State Route 19 for approximately 3 miles. Turn left at the Bradley Exit. At the end of the ramp, turn right onto County Route 16 and follow for approximately one mile. Turn right directly past the Fayette County marker and follow for ½ mile to the site.

The Pre-bid meeting will be held at the soccer complex back main parking lot.

The GPS location is as follows: 37° 53’ 1.6” N 81° 11’ 10.0” W on (Date) at (Time).

E073961 Text Box

II. SCOPE OF WORK

The work covered by the Special Provisions and Technical Specifications consists of furnishing all labor, plant, power, equipment and supplies, and performing all operations necessary for the completion of the project. The Contractor shall perform all operations necessary for:

● Dewater the four settling ponds in a sequence so that work can be completed in a timely and efficient manner.

● Clean designated three ponds of all sludge. Dispose of sludge on-site in the designated decommissioned pond.

● Decommissioned pond to final grade as shown on Contract Plan Set.

● Replace perimeter fence where needed and revegetate disturbed areas.

● The Contractor will have One year from Notice to Proceed to complete all tasks associated with this project.

The Contractor shall also be responsible for surveying, including establishing construction baseline, measuring, and developing all completed quantities on the job, and the ordering, purchase, and delivery of any and all materials required for construction or required for development of support areas. The Contractor shall perform all other operations incidental to the program as specified herein.

III. BORROW (DISPOSAL) AREAS

All borrow (disposal) areas must be approved by WVDEP. Should the Contractor decide to obtain and utilize any borrow areas outside of construction limits, or move material from one property owner to another, unless designated on the plans, the Contractor shall be responsible to obtain from the property owner(s) of the borrow areas, all necessary rights of entry, including rights of entry for WVDEP and OSMRE for inspection purposes. The said rights of entry agreement must state that the property owner(s) indemnify and hold harmless the WVDEP for the Contractor’s action for any injury or damages whatsoever resulting from the use of the property.

The Contractor also shall submit a borrow/disposal area reclamation plan for prior approval by WVDEP. The Contractor shall observe the following NEPA compliance schedule relative to selecting and utilizing any offsite borrow areas and/or any waste disposal areas.

a. No borrow (disposal) site operations will affect a site listed in, eligible for or proposed to be listed in the National Register of Historic Places.

b. No borrow (disposal) operations will be located within one-quarter mile of any federally listed established or prospective component of the National Wild and Scenic River System under 16 USC 1274 and 1276.

c. Borrow (disposal) site operations will not cause a significant encroachment within the base floodplain (CE.O. 11988: Floodplain Management).

d. Borrow (disposal) site operations will not be located in or affect a critical habitat of a federally listed endangered or threatened species under 16 USC 1531, et. seq.

e. No borrow (disposal) operations will occur in wetland areas which are designated by appropriate agencies.

f. Borrow (disposal) site operations will be consistent with any approved plans governing ambient air quality.

g. Adherence to these mitigation measures does not relieve the Contractor of the obligation or responsibility to obtain any other federal, state, or local approvals required to use borrow (disposal) areas and conduct such activities.

h. Documentation: Copies of borrow (disposal) site approvals and concurrences will be submitted to the WVDEP prior to the commencement of reclamation activities.

i. Site Monitoring: Borrow (disposal) activities will be monitored by the state to ensure compliance with contractual requirements, applicable federal, state, and local laws, and any permit conditions.

Contractor shall observe the following requirements for borrow (disposal) areas within the proposed construction limits:

a. Maximum slopes shall be 2H:1V or as approved by WVDEP.

b. No highwalls created during borrow (disposal) activities shall be left exposed.

c. Erosion and sediment controls shall be required as approved by WVDEP.

d. All disturbed areas shall be revegetated as per Section 6 of these specifications.

e. All exposed refuse shall be covered with a minimum of 1-foot of soil cover.

f. Maximum slope length shall be 50 vertical feet.

g. Benches shall be constructed every 50 vertical feet. Benches shall have a minimum width of 20 feet and a minimum 5 percent slope to keep drainage from flowing over the slope.

h. Drainage structures shall be installed as required and as approved by WVDEP.

IV. DISPOSAL OF UNSUITABLE MATERIAL

All waste areas shall be obtained in accordance with Special Provisions Section III (Borrow/Disposal Areas) of these specifications. All unsuitable materials (wood, trash, debris, and garbage) as determined by the WVDEP shall be wasted by the Contractor, at his/her expense, outside the limits of work conforming to the requirements of Sections

4.3.8 of these Specifications. Wood may be burned in conformity with Sections 4.3.7 of these Specifications.

All unsuitable materials will be placed into the designated decommissioned pond up to the specified grade, as shown on the Contract Plan Set.

The Contractor shall observe the NEPA compliance schedule relative to selecting and utilizing any off-site disposal areas in accordance with Special Provisions Section III of these Specifications.

V. PERMITS, LICENSES AND FEES

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Permits required for this project may include but not be limited to: Corps (USACOE) Permit, Water Quality Certification from WVDEP and burning permits from WVDNR and WVDEP Office of Air Quality. A copy of the permit/permits as procured shall be furnished to the Owner prior to initiation of the work under this Contract. The WVDEP will obtain the Permits from USACOE and NPDES from WVDEP. The contractor shall be responsible for any Stream Activity Permits necessary to complete the project work.

VI. CONTRACTOR INFORMATION FORM (AVS)

Vendor must complete this form to request an eligibility evaluation from the Office of Surface Mining Reclamation and Enforcement. This requirement applies to contractors and their sub-contractors and is found under OSMRE's regulations at 30 CFR 874.16. Vendor must sign and date and form must be recent (must be completed within 30 days of submission date) to be considered for award.

VII. NPDES STORMWATER REQUIREMENTS

The WVDEP-AML shall obtain a Construction Storm Water General Permit for this project from WVDEP Division of Water and Waste Management (WVDEP DWWM). The registration for this reclamation project will be modified to include the Contractor as Co- Applicant #1, with the WVDEP-AML being Co-Applicant #2. As such, the Contractor shall assume responsibility for compliance with the terms and conditions of the permit including modifications and any future correspondence such as registration renewal invoices, inspection reports, and notices of violation shall be forwarded to the Contractor.

Upon award of the contract, the Contractor shall complete a Co-Applicant #1 signature page and submit the completed form to WVDEP-AML prior to scheduling a Pre- Construction Conference.

Upon receipt of the completed form, WVDEP-AML will request the WVDEP DWWM to modify the existing NPDES registration for this project to make the Contractor the Co- Applicant #1 to the permit.

The WVDEP DWWM will notify the Contractor and WVDEP-AML when the successful transfer of registration under WV/NPDES Storm Water Construction General Permit (No.WV112806) is completed. A Notice to Proceed will not be issued until the contractor signs the co-applicant form and submits it to the Office of Abandoned Mine Lands. Once the transfer has been completed, the WVDEP will continue to be responsible for any modification fees and annual renewal fees incurred up until the date of the final inspection of the project that occurs after completion of construction activities at the site. The Contractor shall be responsible for any and all costs associated with violations and fines assessed against the project that are a result of the Contractor’s negligence, carelessness, or failure to install permanent controls as part of the work as scheduled.

The WVDEP-AML shall apply for a Notice of Termination (NOT) from WVDEP DWWM via the Construction Storm Water website http://www.dep.wv.gov/Programs/stormwater/ csw/Documents/Construction upon completion of construction activities at the site. The NOT shall be issued by WVDEP DWWM upon completion of the project. The Contractor will continue to be bound by the terms and conditions of the permit until the NOT has been approved by WVDEP DWWM. Once the project is complete, the Contractor will still bear responsibility for the NPDES registration until a NOT is received from the WVDEP

DWWM.

http://www.dep.wv.gov/Programs/%E2%80%8Cstormwater/%E2%80%8Ccsw/%E2%80%8CDocuments/Construction http://www.dep.wv.gov/Programs/%E2%80%8Cstormwater/%E2%80%8Ccsw/%E2%80%8CDocuments/Construction

Co-Applicant #1 Signature Page

Co-Applicant #1: ________________________________________

New and/or Modification of NPDES Storm Water of Construction Project

Name: _____________________________________________________

BY COMPLETING AND SUBMITTING THIS APPLICATION, I HAVE REVIEWED AND UNDERSTAND

AND AGREE TO THE TERMS AND CONDITIONS OF THE GENERAL PERMIT ISSUED ON JANUARY

10, 2019. I UNDERSTAND THAT PROVISIONS OF THE PERMIT ARE ENFORCEABLE BY LAW,

VIOLATION OF ANY TERM AND CONDITION OF THE GENERAL PERMIT AND/OR OTHER

APPLICABLE LAW OR REGULATION CAN LEAD TO ENFORCEMENT ACTION.

I CERTIFY UNDER PENALTY OF LAW THAT I HAVE PERSONALLY EXAMINED AND AM FAMILIAR

WITH THE INFORMATION SUBMITTED ON THIS FORM AND ALL ATTACHMENTS AND THAT,

BASED ON MY INQUIRING OF THOSE INDIVIDUALS IMMEDIATELY RESPONSIBLE FOR

OBTAINING THE INFORMATION. THE INFORMATION SUBMITTED IS, TO THE BEST OF MY

KNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THERE ARE

SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THE

POSSIBILITY OF FINE AND IMPRISONMENT.

(CO-APPLICANT #1 SIGNATURE) DATE

Print Name: ___________________________________________

Print Title: ____________________________________________

Address: _______________________________________________

City: ______________________ State: _______ Zip: _________

Telephone Number: (_____) _______ - ________________

Email: __________________________________________________

FEIN: ___________________________________________________

VIII. CONSTRUCTION SIGN

1. Work Required.

The work to be performed under this Section consists of providing all labor, material, and equipment necessary to install a project sign as indicated on the detail included herein and as specified herein.

2. Materials.

a) Sign face shall be 3/4" Marine Exterior plywood or aluminum or composite material. Posts and cross-brace shall be No. 2 Grade Pine or Fir, kiln dried, and pressure treated.

b) Hardware:

1) All hardware shall be manufactured from good, commercial-quality material and meet all applicable ASTM standards.

2) Spikes and nails shall be common wire-type and shall meet AISI steel specifications 1010 or 1020.

3) All hardware shall be hot-dip galvanized in accordance with ASTM A-153.

3. Execution.

a) Project Sign. The sign board shall be cut to the dimensions shown on the detail herein. The sign shall be painted with one (1) coat of primer and two (2) coats of white enamel. All exterior cut edges shall be smooth sanded prior to painting. All edges shall be double primed. The letters, border and strips shall be painted as shown on the detail drawing.

The Contractor shall bolt the sign to posts and provide required cross-bracing. The posts and sign shall be erected, and posts set in gravel base, as shown on the drawings. One (1) sign is required and is to be located at the discretion of the Inspector.

b) Payment. Payment for the work, which shall include installation of the project sign shall be part of the lump sum bid for "Mobilization".

II. TECHNICAL SPECIFICATIONS

1.0 MOBILIZATION AND DEMOBILIZATION

1.1 DESCRIPTION

Work covered under this section involves all Mobilization and Demobilization related items. Incidental work not mentioned elsewhere in the Contract Technical Specifications is to be included in Mobilization/Demobilization.

Upon receipt of the Notice to Proceed, the Contractor shall furnish, move in, and install such temporary works, equipment, and construction facilities as are necessary for the successful completion of the work. The major elements of this section include access approach construction; clearing, grubbing, and minor earthwork required for the establishment of an adequate staging area; the establishment of a communication system;

and the provision of all equipment, tools, material, and personnel required to complete the work specified in this technical specifications and contract drawings.

The project boundary is defined in the drawings. The Contractor shall not disturb any area beyond the project boundary. If additional area is required, then the Contractor shall make the request to the WVDEP in writing.

A pre-construction meeting will be held at the time of issuance of notice to proceed.

1.1.1 PRECONSTRUCTION ACTIVITIES

Before mobilization begins, the Contractor will submit a Construction Schedule to the WVDEP, outlining the daily use of equipment and personnel along with projected production targets. The contractor will provide a reseeding schedule outlining the equipment and methods to be used to reseed disturbed areas.

The Contractor will be required to have all key personnel, including the Contractor, Supervisors, Superintendent, and Subcontractors, attend the Pre-Construction/Partnership meeting.

Upon receipt of the Notice to Proceed, the Contractor shall mobilize to the Staging Areas, furnish and install the project sign, provide sanitary facilities, and install temporary works such as erosion control devices and construction facilities, as necessary for the successful completion of the work. No equipment, fuel, etc., shall be stored in areas where the topsoil has not been stripped.

1.1.2 CONSTRUCTION STAGING AREA

The Contract Drawings show the designated staging area. The contractor is authorized to create staging area space for equipment storage and material lay-down areas. The Contractor is required to follow all SWPPP regulations to protect Dunloup Creek from construction activities.

The construction of staging areas, equipment storage areas, and material lay-down areas shall be confined to within the areas shown on the Drawings or as staked in the field by the WVDEP or Engineer. Staging areas to be established at locations other than those shown on the Drawings or as staked in the field by the Engineer must be submitted and approved by the Engineer prior to use.

The Contractor is responsible for maintaining security against intrusion.

The work area will be adequately guarded and maintained by the Contractor to prevent loss or damage to the Contractor's equipment and materials brought to the site by the WVDEP and Engineer in support of the project. The Contractor accepts the liability of negligent damage or loss of equipment and materials during project life. The work area may be fenced at the Contractor's discretion.

The cost to install a perimeter fence around the staging area, construct and maintain the staging area and/or equipment storage area, in compliance with all regulations and final clean-up is to be borne by the Contractor and considered subsidiary to Bid Item M- 1, Mobilization/Demobilization.

At the beginning of this Contract and prior to Mobilization, the Contractor will inspect the proposed staging areas to determine their suitability for the Contractor’s requirements. The purpose of this inspection is to determine if there are structural, contractual, or environmental reasons that might affect their uses by the Contractor or affect the Contractor’s cost of final reclamation following the completion of construction.

The contractor is responsible for disposing of solid waste, used petroleum products, sewage, and trash to an offsite licensed facility. Cost for waste disposal, including final clean-up, is a subsidiary of Bid Item M-1, Mobilization/Demobilization.

All products shall be stored in the staging areas in such a manner to conform to all Fayette County, State, and Federal regulations. Areas containing petroleum products, including fuel storage tanks or trucks, shall be lined with a 30-mil thick fuel and oil-resistant material and bermed with earth to contain spills and allow complete cleanup. The liner material shall be highly resistant to UV and weather degredation.

Burial of solid wastes or waste petroleum products is not permitted. If topsoil is present at the staging areas, the Contractor shall strip the topsoil before moving onto the staging areas. The topsoil shall be stripped to a minimum depth of ten inches or as the Engineer directs. The topsoil shall be stockpiled in a manner to minimize wind and water erosion and unnecessary compaction. The stockpiled topsoil shall be located outside of normal traffic routes but within the staging area. The topsoil shall be protected. Mixing with contaminated soils will not be allowed. The topsoil stockpile shall not be used for ancillary uses such as fuel tank location or unloading of equipment.

The Contractor shall provide and maintain fire protection equipment, personnel, and programs that conform to federal, state, and local laws and regulations. The Contractor will assume full responsibility for any damage caused by fires in the immediate confines of the project limits and any fire started by the Contractor’s activities on or adjacent to project lands.

The Contractor shall maintain a minimum of one first aid and other necessary first aid/safety items meeting OSHA requirements on the project work site at all times. The Contractor shall assume full responsibility for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

The Contractor shall power wash all equipment including equipment required for revegetation activities, prior to mobilization and demobilization from the site. The cost associated with power washing the equipment is subsidiary to Bid Item M-1 Mobilization/Demobilization.

1.1.3 CONSTRUCTION STAGING AREAS

The Contract Drawings show the designated staging area. The contractor is authorized to create staging area space for equipment storage and material lay-down areas. The Contractor is required to follow all SWPPP regulations to protect Dunloup Creek from construction activities.

The construction of staging areas, equipment storage areas, and material lay-down areas shall be confined to within the areas shown on the Drawings or as staked in the field by the WVDEP or Engineer. Staging areas to be established at locations other than those shown on the Drawings or as staked in the field by the Engineer must be submitted and approved by the Engineer prior to use.

The Contractor is responsible for maintaining security against intrusion.

The work area will be adequately guarded and maintained by the Contractor to prevent loss or damage to the Contractor's equipment and materials brought to the site by the WVDEP and Engineer in support of the project. The Contractor accepts the liability of negligent damage or loss of equipment and materials during project life. The work area may be fenced at the Contractor's discretion.

The cost to install a perimeter fence around the staging area, construct and maintain the staging area and/or equipment storage area, in compliance with all regulations and final clean-up is to be borne by the Contractor and considered subsidiary to Bid Item M- 1, Mobilization/Demobilization.

At the beginning of this Contract and prior to Mobilization, the Contractor will inspect the proposed staging areas to determine their suitability for the Contractor’s requirements. The purpose of this inspection is to determine if there are structural, contractual, or environmental reasons that might affect their uses by the Contractor or affect the Contractor’s cost of final reclamation following the completion of construction.

The contractor is responsible for disposing of solid waste, used petroleum products, sewage, and trash to an offsite licensed facility. Cost for waste disposal, including final clean-up, is a subsidiary of Bid Item M-1, Mobilization/Demobilization.

All products shall be stored in the staging areas in such a manner to conform to all Fayette County, State, and Federal regulations. Areas containing petroleum products, including fuel storage tanks or trucks, shall be lined with a 30-mil thick fuel and oil-resistant material and bermed with earth to contain spills and allow complete cleanup. The liner material shall be highly resistant to UV and weather degredation.

Burial of solid wastes or waste petroleum products is not permitted.

If topsoil is present at the staging areas, the Contractor shall strip the topsoil before moving onto the staging areas. The topsoil shall be stripped to a minimum depth of ten inches or as the Engineer directs. The topsoil shall be stockpiled in a manner to minimize wind and water erosion and unnecessary compaction. The stockpiled topsoil shall be located outside of normal traffic routes but within the staging area. The topsoil shall be protected. Mixing with contaminated soils will not be allowed. The topsoil stockpile shall not be used for ancillary uses such as fuel tank location or unloading of equipment.

The Contractor shall provide and maintain fire protection equipment, personnel, and programs that conform to federal, state, and local laws and regulations. The Contractor will assume full responsibility for any damage caused by fires in the immediate confines of the project limits and any fire started by the Contractor’s activities on or adjacent to project lands.

The Contractor shall maintain a minimum of one first aid and other necessary first aid/safety items meeting OSHA requirements on the project work site at all times. The Contractor shall assume full responsibility for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

1.1.4 RECLAMATION OF STAGING AREA(S)

At the end of construction, but not until the final clean-up has been approved, the staging areas shall be deep ripped, disced, and re-topsoiled with the previously stockpiled material located at the staging area. The removal, storing, deep ripping, discing, and replacement of topsoil within the staging area shall not be measured for payment, but the cost of this work shall be subsidiary to Bid Item M-1 Mobilization/Demobilization.

Final contours shall approximate the ground condition existing prior to the staging area disturbance as directed by the Engineer.

Unless otherwise directed by the Engineer, the re-top soiled staging area shall be revegetated in accordance with Section 6.0 REVEGETATION of these specifications. The revegetating activities shall not be measured for payment but are considered subsidiary to Bid Item 1-1 Mobilization/Demobilization.

1.1.5 SANITATION FACILITIES

The Contractor shall provide and maintain, in a neat and sanitary condition, sanitation facilities for the use of the Contractor’s employees, the Engineer, and WVDEP. The sanitation facilities shall comply with the requirements and regulations of the General Safety and Health Regulations of West Virginia Occupational Health and Safety Commission and State and local Boards of Health, as enforced by the County Health Officer. The Cost of these facilities is considered a subsidiary of Bid Item M-1, Mobilization/Demobilization. The Contractor shall not allow such facilities to become a public nuisance.

Sanitation facilities shall be immediately removed from the staging area as soon as work activities are completed.

1.1.6 FINAL CLEANUP

The Contractor will maintain a clean work site during construction.

Personal trash and litter, including food wrappers, beverage containers, cigarette butts, paper and other items will be regularly and promptly disposed of.

At the end of construction, the Contractor shall clean all areas affected by construction including petroleum products spills, garbage, trash and debris as directed by the WVDEP. All waste materials will be disposed of in accordance with State and Fayette County requirements. The Contractor is responsible for securing an appropriate disposal site.

Damage by the Contractor’s operations to any areas outside the designated staging area will be repaired at the Contractor’s expense and will include any additional topsoiling and seeding.

The Contractor is reminded that final acceptance and final payment will not be made until the final cleanup is accepted by the WVDEP.

Demobilization shall include removal of all equipment and Contractor-owned facilities from the staging area and the construction site. Minor grading and construction of temporary erosion control ditches and/or berms may be required for interim site stabilization as directed by the Engineer.

The cost of final cleanup shall be considered a subsidiary of Bid Item M-1, Mobilization/Demobilization.

1.2 METHOD OF MEASUREMENT AND BASIS OF PAYMENT

The bid for “Mobilization and Demobilization” shall be lump sum and cannot be more than 5% of the TOTAL AMOUNT BID for the project. Partial payments will be as follows:

a) One-half of the amount bid will be released to the Contractor with the first estimate payable, not less than 15 days after the start of work at the project site.

b) The final one-half of the amount bid shall be released with the last estimate payable after the work is accepted by the WVDEP and after all Final Inspection submittals are received and approved by WVDEP.

Nothing herein shall be construed to limit or preclude partial payments otherwise provided for by the contract. No deduction will be made nor will any increase be made, in the lump sum mobilization and demobilization item amount regardless of decreases or increases in the final total contract amount or for any other cause.

1.3 PAY ITEM

Item 1.1 “Mobilization and Demobilization” per lump sum cannot be more than 5% of the TOTAL AMOUNT BID for the project.

2.0 CONSTRUCTION LAYOUT

2.1 DESCRIPTION

This item consists of furnishing, placing, and maintaining construction layout stakes, (based on the original baselines and/or control points in the plans), necessary for the proper performance of the work under this contract including borrow/waste areas.

Construction limits must be clearly flagged prior to any disturbance. Pre-construction cross sections must be provided (and approved) a minimum of one (1) week prior to the start of any “excavation”. It shall further consist of determining the exact units of measure for payment. It also consists of checking and making any field adjustment to the plan alignment, grades and elevations as considered necessary by the WVDEP. Additionally, this item shall also include the preparation of “As-Built” Plans including the Reclamation Plan and any others specifically requested by the WVDEP. All “As-Built” Plans shall be provided prior to the Final Inspection Meeting. This item will be paid according to the following schedule: up to fifty percent (50%) of the total bid amount of this item will be released for payment when all required layout work is completed. The remaining fifty percent (50%) will be paid on the final invoice once the As-Builts are submitted and approved.

2.2 MATERIALS

Conventional survey stakes, hubs, batter boards, flagging, templates, straightedges, and other devices necessary for laying out all parts of the work.

2.3 CONSTRUCTION METHODS

2.3.1 The contractor shall be responsible for the proper layout of the work. The WVDEP will provide the contractor with survey information regarding the baselines and the existing surface features shown on the construction drawings. The contractor shall make all calculations involved and shall furnish and place all layout stakes.

2.3.2 The Contractor shall provide field forces and shall set all additional stakes as needed, such as offset stakes, reference point stakes, slope stakes, grade stakes, stakes for drainage, or other structures, supplementary bench marks, and any other horizontal or vertical controls necessary to secure a correct layout of the work including the re-establishment of the survey and construction baselines (as necessary), as shown on the Construction Drawings.

2.3.3 The Contractor shall be responsible for assuring the layout staking work is in conformance to the lines, grades, elevations, dimensions, and locations shown on the Construction Drawings or as required by the WVDEP. The Contractor shall furnish a copy of his/her survey records for review by the WVDEP and for the WVDEP permanent file. These records shall be furnished as they are completed during the progress of the work.

Any inspection or review of the Contractor's layout by the WVDEP and the acceptance of all or any part of it shall not relieve the Contractor of his/her responsibility to secure the proper dimensions, grades, and elevations of the several parts of the work.

2.3.4 The Contractor shall exercise care in the preservation of stakes and benchmarks, including existing property line markers, and shall have them reset at his/her expense when any are damaged, lost, displaced or removed. The Contractor shall use competent personnel and suitable equipment for the layout work required and shall provide that it be done under the supervision of, or directed by, a Professional Surveyor registered in the State of West Virginia. As the survey is completed, the Professional Surveyor shall certify that the site layout is complete for all necessary grades (both cut and fill), location and grades of all ditches, all cross-sections related to cut-fill where grade lines are necessary for construction and or billing. This layout shall include location stakes and cut-fill lines marked on the stakes for each pre-manufactured or formed on site structures (manholes, drop inlets, headwalls, etc.). The layout shall also include centerline stake with cut-fill lines for each channel and any areas of excavation and re-grade. The certified layout and cross-sections surveyed must be submitted to the WVDEP for approval prior to beginning construction for each item.

2.3.5 As-Built plans shall be provided to the WVDEP prior to the Final Inspection Meeting. The Contractor shall provide one (1) PDF copy in digital format and one (1) copy of the currently supported version of AutoCAD in digital format and one (1) paper copy of the plans with the same size and scale as contained on the original plans. The As-Builts Shall include the following:

1. The As-Builts shall show all pay items remaining on site post construction.

2. The As-Builts shall show all horizontal and vertical dimensions of all installed components (i.e. pipes, drop inlets, mine seals, drainage channels, splash pads and manholes) as well as surveyed locations of the installed structures.

3. Cut-fill sections shall have the area of the section marked by the section for easier calculation.

4. The As-Builts shall have the lines on the plans shown in either color or line type to distinguish between our original plan lines, the contractor’s original survey lines and the final grade lines. This will apply for all cross-sections on the project.

5. All waste and borrow areas shown on the As-Builts.

6. All work completed by the Professional Surveyor (licensed in the State of

West Virginia) on the As-Builts must be certified by the Professional Surveyor as to completeness and accuracy of the plan submittal.

7. As-builts must show total quantities for all items on the project. The format shall be in a tabular form.

2.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT

There shall be no measurement of the “Construction Layout” item as it is a lump sum. The lump sum payment also shall include the cost for providing the WVDEP pre- and post-construction ground line cross-sections for all disturbed or re-graded areas including borrow areas and “As-Built” Plans as described herein. Said lump sum bid cannot be more than 3% of the TOTAL AMOUNT BID for the project. Neither deduction nor increase will be made in the lump sum “Construction Layout” item amount regardless of decreases or increases in the final total contract amount or for any other cause. This item will be paid according to the following schedule: up to fifty percent of the total bid amount of this item will be released for payment when all required layout work is completed. The remaining fifty percent will be paid on the final invoice once the As-Builts are submitted and approved.

2.5 PAY ITEM

Item 2.1 “Construction Layout”, per lump sum cannot be more than 3% of the TOTAL AMOUNT BID for the project.

3.0 QUALITY CONTROL

3.1 DESCRIPTION

A. This work shall consist of testing for verification that the materials supplied, and the work performed are in accordance with these specifications. The Contractor is responsible for providing the necessary testing showing compatibility with any Flocculant used on-site during operations.

3.2 MATERIALS

3.2.1 The Contractor shall submit a minimum of two (2) copies of shop drawings, catalog cuts and material certifications (as applicable) to the WVDEP for all offsite materials to be incorporated into the work. Written approval from the WVDEP will be required prior to incorporation of these items into the work.

3.2.2 The Contractor shall submit at least two (2) copies of the results of all tests conducted on in-situ material to be used in this project.

3.2.3 The Contractor shall submit all survey documents to the WVDEP that are associated with volume calculations for payment and final grades. The Work shall not be considered completed until the final grade survey is completed and accepted by the WVDEP.

3.2.4 The Contractor will provide a comprehensive list of all materials sourced off-site with documentation showing specifications for raw materials, including certifications from suppliers.

3.3 CONSTRUCTION METHODS

3.3.1 The Contractor shall furnish the services of his own testing laboratory or select an independent state certified testing laboratory. The laboratory must be approved by the WVDEP.

The Contractor shall furnish a certified technician to perform the required testing at the project site. The technician shall submit a copy of his certification and a copy of that certification shall be submitted to WVDEP at the Pre-Construction Conference. The technician shall be responsible for chain of custody of any samples that must leave the site.

3.3.2 Testing for compaction, soil nutrient and lime requirements for soil, compressive strength test for grout/concrete, and rock soundness test for stone shall be performed as required by these specifications and/or ordered by the WVDEP in writing. The WVDEP will determine the locations and time of any testing herein specified and the need and extent of any testing in addition to that which is herein specified.

3.3.3 The Contractor shall be responsible for performing laboratory tests of the coal, mine spoil, and any natural soil to identify the compaction requirements for their use as fill and cover material, respectively. In addition, field density tests shall be performed in accordance with the Construction Specifications.

All test results shall be submitted to the WVDEP for approval of compaction criteria prior to compacting the fill material and after fill material is placed to verify that the required compaction is obtained.

3.3.4 Only new and first-class materials, which conform to the requirements of these Specifications, shall be used unless specified otherwise. When requested by the WVDEP, the Contractor shall furnish a written statement of the origin, composition, and manufacturer of any or all materials (manufactured or produced) that are to be used in the work. The sources of supply of each material used shall be approved by the WVDEP before delivery is started. If, at any time, sources previously approved fail to produce materials acceptable to the WVDEP, the Contractor shall furnish materials from other approved sources.

3.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT

There shall be no measurement of the “Quality Control” item as it is a lump sum. The quantity of quality control 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. Nothing herein shall be construed to limit or preclude partial payments on this item up to 100% of the bid amount. No deduction or increase shall be made in the lump sum “Quality Control” item amount regardless of decreases or increases in the final total contract amount or for any other cause.

3.5 PAY ITEM

Item 3.1 “Quality Control”, per lump sum cannot be more than 3% of the TOTAL AMOUNT BID for the project.

4.0 SITE PREPARATION

4.1 DESCRIPTION

4.1.1 Clearing & Grubbing

Work performed under this section shall include the removal and disposal of all trees, stumps, shrubs and any other vegetation, wood, debris, garbage of any nature from those areas specified below and/or shown on the plans and/or any other areas as approved by WVDEP. This work shall also include the preservation from injury to all vegetation, utilities, or other objects to remain as well as all other ancillary work as described.

4.1.2 Access Road Construction

Access roads constructed to gain access to, travel between or otherwise required for equipment/vehicular site access shall be kept to a minimum and only constructed where necessary upon approval from the WVDEP, where applicable.

If the Contractor constructs such travel routes, they shall be reclaimed and revegetated according to Section 6 upon completion of the construction activities, as deemed necessary by the WVDEP, with associated costs being incidental. Any additional access shall require the Contractor to obtain written permission from the respective landowner. The existing access roads shall be maintained during construction (except when culvert, ditch and road construction are being performed), and shall be left in a condition equal to, or better than, the existing condition upon completion of construction.

4.1.3 Gravel Drive Rehabilitation

The Gravel Drive Rehabilitation roads shall be covered with a layer of 11/2“ crusher run stone as approved by WVDEP. In areas that will not support the stone due to soft conditions, stabilization fabric will be installed as required and approved by WVDEP.

4.1.4 Temporary Fencing

Any fencing that is necessary to protect the project area from disturbance both from outside sources and from disturbance to areas outside the project area.

Temporary Fencing will be removed prior to Final Inspection unless the property owner requests it remain.

4.1.5 Fence Removal

The Contractor is to provide the necessary labor and materials to remove portions of the fence as indicated on the Contract Drawings.

The Contractor is to remove all poles and concrete bases on removed fencing sections, so as to not obstruct operations.

All debris associated with the removal of the existing fence shall be disposed of in an approved Landfill or by a method approved by the WVDEP

4.1.6 Stabilization Fabric

Stabilization fabric shall be woven fabric that is used to stabilize any soft areas on an access road surface prior to stone application.

4.1.7 Spill Containment Area

Spill containment measures shall be used for fuel and lubricant storage areas. All containers, barrels, buckets, cans, etc., are to be legally disposed of offsite. Used lubricants are to be disposed of according to state law to minimize pollution to the local surface and ground water supplies. Spills are the responsibility of the Contractor and need immediate cleanup and maintained at no expense to the State. Fuel tanks manufactured with secondary containment are desirable; the minimum secondary containment shall be 110 percent. The contractor must have spill kits readily available on a daily basis. In the event of a spill, the Contractor is required to call the emergency spill line (ph. 1-800-642-3074).

4.2 MATERIALS

4.2.1 Any equipment and construction materials required for clearing, grubbing, grading, and stone placement.

4.2.2 Stone to be placed for “Gravel Drive Rehabilitation” shall conform to the requirements for 11/2“ crusher run stone. A WVDEP approved stone aggregate from table 703.4 of the WVDOH Standard Specifications Roads and Bridges or alternate crusher run stone sizes can be used in place of the crusher run stone as conditions warrant and at the same per ton bid cost.

4.2.3 Temporary safety fencing shall be “Erosion Runner Orange Safety Fence SAF6 or Equal”. It shall have post spacing of 72” maximum and be 48” above ground height.

4.2.4 Stone to be placed for “Access Road Construction” shall conform to the requirements for 11/2“crusher run stone. A WVDEP approved stone aggregate from table 703.4 of the WVDOH Standard Specifications Roads and Bridges or alternate crusher run stone sizes can be used in place of the crusher run stone as conditions warrant and at the same per ton bid cost.

4.2.5 Stabilization fabric shall be Mirafi 600X or equal.

4.3 CONSTRUCTION METHODS

4.3.1 The specific areas to be cleared and grubbed as shown on the drawings and are generally described as, but not limited to, those specific areas of…