ADDENDUM NO 1 ARFQ DEP26-92 AML MILLER MINE DRAINAGE PHASE II.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 opening 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.

ATTACHMENT A

2026 Kleinfelder WV AML N1 Contract

OFFICE OF ABANDONED MINE LANDS AND RECLAMATION

MILLER MINE DRAINAGE PHASE II

HARRISON COUNTY, WEST VIRGINIA

March 2026

CONSTRUCTION SPECIFICATIONS

180 White Oaks Blvd, Suite 110 Bridgeport, West Virginia 26330

(304) 933-3345

07-13-2026

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PAGE LEFT BLANK INTENTIONALLY

2026 Kleinfelder Page ii WV AML N1 Contract

TABLE OF CONTENTS

I. DEFINITIONS

II. SPECIAL PROVISIONS

III. CONSTRUCTION SPECIFICATIONS

1. Mobilization and Demobilization

2. Construction Layout Stakes

3. Quality Control

4. Site Preparation

5. Erosion and Sediment Control

6. Revegetation

7. Drainage Structures

8. Unclassified Excavation

9. TraƯic Control

10. Utilities

IV. APPENDICES

1. Contractor Information Form (AVS)

2. Geotechnical Information

3. Planning Documents

4. Realty Documents

5. Construction Sign

2026 Kleinfelder Page 1 WV AML N1 Contract

SECTION I - DEFINITIONS

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SECTION I - DEFINITIONS

1. "Bidder" refers to the person, firm, or company oƯering to furnish the work called for by the specifications herein.

2. "Chief" shall mean the Chief of the West Virginia Department of Environmental Protection’s OƯice of Abandoned Mine Lands & Reclamation.

3. "Regional Engineer or Engineer" refers to the head of the Construction Group of the OƯice of Abandoned Mine Lands & Reclamation of the West Virginia Department of Environmental Protection in each regional oƯice.

4. "Construction Supervisor" refers to the regional supervisor of the West Virginia Department of Environmental Protection, OƯice of Abandoned Mine Lands & Reclamation Construction Inspectors.

5. "Contract" refers to a purchase order placed by the West Virginia Department of Administration on behalf of the Department of Environmental Protection and accepted by the Contractor together with these specifications and all other documents incorporated therein by reference.

6. "Contract Documents" consist of all the articles, sections, and attachments to the contract, including Information for Bidders, General Conditions, General Requirements, Special Conditions, drawings, specifications, all addenda issued prior to execution of the contract and change orders and other written modifications issued after execution of the contract and executed by both parties to the contract.

7. "Contractor" refers to the person, firm or company contracting with the West Virginia Department of Environmental Protection to furnish the work called for in the contract.

8. "Cabinet Secretary" refers to the Cabinet Secretary of the West Virginia Department of Environmental Protection.

9. "WVDEP" means the West Virginia Department of Environmental Protection.

10. "Design Engineer" or “Engineer” shall mean the representative of the OƯice of

Abandoned Mine Lands & Reclamation's Engineering Section or the Architect/Engineering consulting firm, whichever designed the project.

11. “Inspector" shall refer to Design Engineer’s Inspector, who monitors all construction operations at the project site.

12. "Project" shall mean the Abandoned Mine Lands Project described and referred to by the specifications herein.

13. "Sub-contractor" refers to the person, firm or company contracting directly with the Contractor and not with WVDEP to furnish the Contractor with any portion of the work called for by the contract.

14. “Stabilization Measures” as noted in Section 24 Vegetative Practices shall be understood to mean and include any/all measures necessary for preventing erosion

2026 Kleinfelder Page 3 WV AML N1 Contract

& sediment to the project site. This may include seeding and mulching, mulching without seed, silt fence, filter socks. Check dikes, sumps or any other method required to stabilize a site that work has stopped for a time exceeding fourteen (14) days.

15. “Work” shall be understood to mean and include any and all of the labor, supervision, services, materials, machinery, equipment, tools, supplies, and facilities called for by and required to complete the contract.

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SECTION II – SPECIAL PROVISIONS

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SECTION II – SPECIAL PROVISIONS

1. Location/Site Description

The Miller Mine Drainage project site is in Harrison Co, WV, North of the city of Summit Park and West of the city of Lodgeville. The site can be accessed from Murphys Run Road. The preliminary site LOD is approximately 6.3 acres. The center of the project is located at 39°17’24” N latitude and 80°18’05” W longitude on the Shinnston 7.5’ United States Geological Survey (USGS) quadrangle.

The site was surface mined in the 1970s by LaRosa Fuel Company in the locality of the seeps and slide areas. To the northeast there is an underground (deep) mine that was mined in 1926 by the Consolidated Coal Company (No. 25 Mine).

The goals of this project include the reclamation of a Dangerous Slide (DS), 2 Dangerous Impoundments (DI) comprised of an unstable sedimentation pond and 2 points of water discharge coming from the old spoil areas, and a Dangerous Highwall (DH). The project is needed to remediate public health and safety hazards associated with the above AML features through reclamation practices.

2. Directions to Site

From Morgantown, WV

Take I-79 South and use the County Route 24/Meadowbrook Rd Exit 121. Merge right onto Meadowbrook Rd and then take a slight left onto Murphys Run Rd. Continue 2.3 miles on Murphys Run Rd and then turn left into the site entrance on Crowfield Rd at Summit Park.

From Charleston, WV

Follow Interstate 79 North and take exit 119 for US-50 toward Clarksburg/Bridgeport.

Turn left onto US-50 W for 0.6 miles and then turn right onto Bridgeport Hill Rd followed by an immediate left onto E Pike St. Continue on E Pike St for 1.0 miles and then turn right onto Simpson St. Continue on Simpson St for 0.6 miles and then turn right onto Murphys Run Rd. After 0.4 miles, turn right into the site entrance on Crowfield Rd at Summit Park toward County Route 24/Meadowbrook Road.

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3. Scope of Work

The Work covered by these 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:

• Mobilization and demobilization of necessary and suƯicient sized equipment to the project area to complete the project within stated time frames;

• Survey and construction layout of grading, facilities, constructions, and appurtenances shown on the Plans;

• Site preparation including clearing and grubbing at the site and removing cleared and grubbed material to an oƯ-site disposal area; upgrading and maintaining existing roadways, driveways, and other existing access roads; and removing all and any type debris, trash, and garbage;

• Installation and maintenance of sediment and erosion control devices in compliance with the approved NPDES permit;

• Construction of stabilized construction entrances, temporary access roads to access the work area and temporary stream crossings (timber mat) at all locations where the access roads will cross the stream channel;

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• Construction of stabilized construction storage areas and temporary work pads at location shown on the plans to allow the contractor adequate access and storage for materials and equipment for the site;

• Re-grading of the site to lines and grades shown on the Plans, including breaking and burying surface and buried boulders; and installation of compost filter sock on re-graded areas at locations shown on the plans to prevent rills and gullies;

• Construct grouted riprap channels, water bars, riprap channels and vegetated channels as shown on the plans to re-establish drainage features;

• Installation of seep collection systems to manage drainage from the project site and convey the drainage away from the sloped areas to stabilize the finished grade as shown on the plans;

• Regrade dangerous slide material and replace as needed with adequate material to establish access to central portion of project.

• Install a temporary work pad in the low-lying area for access to the bottom of slope of the site and for filtration bags to receive flow when dewatering the Dangerous Impoundment features.

• Set-up, operation, and maintenance of a temporary traƯic control system;

• Placement of soil cover material over regraded slopes;

• Construction of other incidentals shown on the plans and herein specified; and

• Revegetation of the proposed project disturbed areas.

The Contractor also shall be responsible for surveying, including establishing construction baselines, measuring and developing all completed quantities on the job, and for 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 as incidental to the project as specified herein.

4. Reference Specifications/Definitions

All references to “Owner” in these Specifications shall mean West Virginia Department of Environmental Protection, OƯice of Abandoned Mine Lands and Reclamation (WVDEP).

All reference to “Engineer” in these Specifications shall mean the Owner's Engineer or authorized representative.

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All reference to “ASTM” shall mean the American Society of Testing and Material Specifications, Latest Edition unless otherwise noted.

All reference to “AASHTO Specifications” shall mean the Standard Specifications for Transportation Materials and Methods of Sampling and Testing by the American Association of State Highway and Transportation OƯicials, latest edition, and all subsequent addenda thereto.

All reference to “WVDOH Standard Specifications” shall mean State of West Virginia Department of Transportation, Division of Highways Standard Specifications for Roads and Bridges, adopted 2023 and Supplemental Specifications Dated 2025, and all-subsequent addenda thereto.

All references to “WVDOT “Manual on TraƯic Control for Streets and Highway” shall be the West Virginia Department of Transportation, Division of Highways latest addition (2006 edition, dated March 2006) and all subsequent addenda thereto.

All reference to “OSHA” shall be understood to mean The Occupational Safety and Health Administration and the standards set in the Occupational Safety and Health Act of 1970.

All reference to “refuse” and/or “mine spoil” shall be understood to mean all coal refuse, shale, sandstone and other rock fragments that were generated and disposed of as such within the project area during mining and processing of coal.

All reference to “AMD” shall be understood to mean all acid mine drainage discharges from the project site.

All reference to “OSM” and/or “OSMRE” shall be understood to mean OƯice of Surface Mining Reclamation and Enforcement.

5. Bidders to Examine Location

Prospective bidders are required to examine the locations of the proposed Work and to determine, each in their own way, the diƯiculties which may be encountered in the performance of the same. The submission of a bid shall be clear evidence that such examination and determinations have been made by the Bidder. No claims for additional compensation will be considered by the Owner based on obstructions or conditions at the location of the Work, which may add to the diƯiculties or costs of construction, even though such obstructions or conditions are not shown on the contract plans or indicated in the other construction documents. Prospective bidders are advised that should they deem it necessary to obtain any subsurface samples of

2026 Kleinfelder Page 9 WV AML N1 Contract test borings etc., at the site, they should obtain their own permission from the landowners.

6. Schedule of Work

Before commencing work on this project, the Contractor shall prepare and submit a schedule of construction activities for approval by the Engineer.

The Contractor shall provide adequate supervision, labor, tools, equipment, and materials to execute the Work actively and complete the work within the time specified.

It is the intention not to delay the work for the checking of lines or grades, but if necessary, working operations shall be suspended for such time as the Engineer may require for that purpose. No special compensation shall be paid for the cost to the Contractor for any of the work or delay caused by checking lines and grades, by making other necessary measurements, or by inspection.

The Contractor’s work hours for this project shall be from 7:00 a.m. to 7:00 p.m.

Monday through Friday. Work on Saturday, Sunday and major holidays, as defined by the Engineer, is assumed to not be allowed on this project. Any modification to the work hours will be submitted in writing and approved by the Inspector and/or Engineer prior to any change in schedule occurring.

7. Measurement of Quantities

The Contractor shall be responsible for providing all necessary volumetric, dimension, and weight measurement equipment necessary to execute the work as shown on the design drawings and to accurately determine quantities for payment of Contract Bid Items as approved by the Engineer. Such measurements and equipment shall be subject to the approval of the Engineer for use in this project.

8. 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 landowner to another unless designated, the Contractor shall be responsible to obtain from the landowner(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 landowner(s) agree to indemnify and hold harmless the WVDEP from all liability and/or damages resulting from the contractor’s use of property for which the contractor was to obtain rights of entry for borrow, disposal, access or other purposes. Said indemnification shall include, but

2026 Kleinfelder Page 10 WV AML N1 Contract is not limited to, liability and damages resulting from the contractor’s failure to obtain any or not all the rights of entry; failure to obtain the proper rights of entry; failure to utilize appropriate language in the rights of entry agreements; or failure to obtain permission and signature of all persons or entities holding a legal interest in the subject property(ies) covered by the rights of entry.

The Contractor shall also submit a borrow area reclamation plan for approval by the Engineer and/or WVDEP, prior to any additional activities being started. The Contractor shall observe the following NEPA compliance schedule relative to selecting and utilizing any oƯ-site borrow areas and or any waste disposal areas.

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

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.

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

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

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

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

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.

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

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.

9. Disposal of Unsuitable Material

All waste areas shall be obtained in accordance with Special Provision 8 of these specifications. All unsuitable materials (wood, trash, debris, and garbage) as

2026 Kleinfelder Page 11 WV AML N1 Contract determined by the Engineer, shall be wasted by the Contractor, at his/her expense, outside the limits of work conforming to the requirements of the applicable sub-sections of Specification 4.0.

Iron and other metal laden sediments removed from the property shall be disposed of at a certified landfill that is legally licensed to accept such materials.

Coal, coal refuse, black or dark gray shales and exposed coal seams and other similar potentially toxic (acidic) materials shall be soil covered on-site in accordance with these Specifications.

All cleared and grubbed material that is not suitable for burning shall be removed to an oƯ-site disposal area. The Contractor shall observe the NEPA compliance schedule relative to selecting and utilizing any oƯ-site disposal areas in accordance with Special Provision 8 of the Specifications. Burning of suitable materials on site is permitted in accordance with Special Provision 14 of these Specifications.

10. Interpretation of Approximate Estimate of Quantities

The estimate of quantities of work to be done and/or materials to be furnished under the Special Provisions and Technical Specifications, as shown on the Contract Bid Schedule, is approximate and is given only as a basis of calculation upon which the award of the Contract is to be made. WVDEP and Design Engineer reserves the right to increase or decrease any or all of the quantities of work or to omit any of them, as it may deem necessary.

11. Safety and Regulations

All regulations of the Occupational Safety and Health Act of 1970 (OSHA) are in eƯect for this contract. WVDEP shall not be liable for any citations received by the Contractor as a result of failure to comply with applicable OSHA standards during the performance of this contract. It is assumed that costs associated with Safety are to be included in the various items of the Contract to comply with these standards.

Additionally, the Contractor shall comply with Section 107.7 of the WVDOH Standard Specifications for Roads and Bridges, adopted 2023 and Supplemental Specifications Dated 2025 regarding public convenience and safety. The Contractor’s associated vehicles will traverse paved and gravel roads within close proximity to local homes, businesses, and driveways. These areas are regularly utilized by local stakeholders and visitors, as such, the safety and convenience of saif individuals and businesses shall be of utmost importance in the Contractors execution of work as shown on the plans and specified herein.

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The Contractor shall comply with OSHA Regulation 29CFR1926 Subpart P for excavation of trenches associated with pipe, culvert, subsurface drains, mine seal constructions, and similar installations. Due to the varying conditions at the Site, Contractor to implement their Work to provide a lasting, stable configuration, utilizing methods to provide slope stability. The Contractor is required to exercise care to avoid conditions which may result in unstable conditions during the activities proposed under this contract. The Contractor shall be responsible for protecting residences, utilities, and any existing structures not to be removed by the proposed construction plan from damage. The Contractor shall carry out their Work such that it is in compliance with all Federal, State, and Local laws that shall apply to the scope of Work proposed under this contract.

The Contractor shall also protect pedestrian and vehicular traƯic around work areas including excavations and trenches in compliance with U.S. Federal Highway Administration Manual of Uniform TraƯic Control Devices and the WVDOT “TraƯic Control for Street and Highway Construction and Maintenance Operations” dated March 2006. In addition, the Contractor will be required to comply with all WVDOT rules, regulations, weight limits, and speed limits associated with and posted on Murphys Run Road as well as other associated public roadways and existing access roads. The Contractor will be required to coordinate his operations with landowners and provide unrestricted access to them at all times. At the discretion of the Engineer, the Contractor will be required to employ flag persons along Murphys Run Road to direct traƯic while hauling materials on and oƯ site and other constructions. The Contractor will also be required to keep Murphys Run Road, driveways, and other existing access roads used during construction of the project free of fugitive dust and clean of mud and other debris from the job site deposited by construction and other vehicles entering or leaving the project area.

12. Regulations

All appropriate Municipal, County, State, and Federal Regulations shall apply to this Contract. It shall be the Contractor's sole responsibility to be aware of these regulations and to comply with them. WVDEP shall not be liable for any citations received by the Contractor. The Contractor shall keep the existing roads open and safe to the public and vehicular traƯic at all times and shall provide appropriate barriers and warning devices as directed by the Engineer.

13. Laws to be Observed

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The Contractor shall at all times, observe, comply with, and post as required all Federal, State, and local laws, ordinances, and regulations in any manner aƯecting the conduct of the work or applying to employees on the project as well as all orders or decrees which have been or may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees, or Contract. The Contractor shall protect and indemnify WVDEP and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree whether by the Contractor or by the Contractor's employees.

14. Permits, Licenses and Fees

The WVDEP shall provide the NPDES Stormwater permit from the Division of Water and Waste Management, WVDOH Encroachment permits (if required), a Water Quality Certification from the Division of Water and Waste Management, and an ACOE Regional permit (if required). The Contractor shall procure all other 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 are not limited to: Stream Activity Permit from the State of West Virginia, Department of Commerce, Division of Natural Resources, OƯice of Lands and Streams, 324 Fourth Avenue, Room 20, South Charleston, West Virginia 25303; and burning permits from local and state governmental agencies including the West Virginia Division of Air Quality (North Central Regional OƯice, 1000 Technology Drive, Suite 3320, Fairmont, WV 26554-9295, 304-368-3910) and West Virginia Division of Forestry Region 1 (required during forest fire season – March 1 to May 31 and October 1 to December 31) contact Dan Cooley, West Virginia Division of Forestry, Forester, 1106 Railroad Street, P.O. Box 40, Farmington, WV 26571, 304-825-6983 or 304-541- 8126 (Cell). A copy of the permits as procured shall be furnished to the Engineer prior to initiation of the work under this Contract.

15. Electricity, Water Supply and Sanitary Facilities

There are no available supplies at the site of electricity and water and, additionally, there are no sanitary facilities. Arrangements for electric service, water supply and sanitary facilities shall be made by the Contractor, and all costs for such arrangements shall be borne by the Contractor at no additional cost to the Owner.

16. Utilities and Other Obstructions

While every attempt has been made by the Design Engineer to locate any existing utilities within the project limits on the plans, the Contractor shall be solely

2026 Kleinfelder Page 14 WV AML N1 Contract responsible to correctly locate all existing active underground and overhead utilities at the project sites and take precautions to avoid damage to them. Any existing utility lines damaged by the Contractor shall be replaced by the Contractor or repaired at no cost to the Owner. The Contractor shall notify the utility companies likely to be aƯected well in advance and before beginning any work within the project sites. In the event of damage to the existing utilities or other facilities, the Contractor shall notify the aƯected utility owner(s) and the Engineer immediately and make, or have made, all necessary repairs and bear the expense thereof and resulting damage caused thereby. It shall be the responsibility of the Contractor to arrange for relocating the utility lines, where required and as directed by the Engineer, in accordance with the guidelines set forth by the utility company, prior to beginning construction. The Contractor will be reimbursed for actual charges invoiced by the Utility Company, except for utilities that are subject to regulation by the Public Service Commission, in which case, payment will be made directly to the aƯected utility by the WVDEP. Prior to any utility relocation work, the Contractor shall submit a cost estimate of work to be accomplished to WVDEP for approval. The utility companies (and WVMIS) must be contacted by the Contractor at least one week prior to commencement of construction activities for the purpose of field locating and marking utility owned facilities within the project area.

The project area is located in a moderately populated area with numerous overhead and buried public and private utilities located within and adjacent to the project area.

The name, address, and phone number of the WVMIS Utility location service and of the utility companies are as follows:

Project Utility Coordination:

WVMIS 1-800-245-4848

Summit Park Public Service District (Sewer and Water)

100 Coal Street, Clarksburg, WV 26301

(304) 623-5304

First Energy/Monongahela Power Company

1-800-686-0022

17. Site Cleanup

Before the project shall be considered as having been satisfactorily completed, the Contractor shall clean and remove, from the project site, all surplus and discarded materials, and equipment and shall further remove all debris and objectionable materials of any kind from areas used or disturbed by the construction operations within or within sight of the project area.

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18. Rock Blasting

All blasting operations shall be conducted in strict accordance with applicable State and Federal laws relating to rock blasting and the storage and use of explosives. The contractor shall maintain and keep in full force and eƯect blasting insurance to protect and indemnify the Owner and/or his agents or representative from claims for damages and shall defend all suits at law. The Contractor shall submit to the Engineer a request for permission to blast rock, a reclamation plan for the area to be disturbed, and proof of blasting insurance coverage prior to initiating blasting operations. Failure to obtain approval for blasting prior to initiating the work will result in no payment for items utilizing this rock. No blasting is anticipated on this project.

19. Temporary Access Road

The Contractor shall construct and maintain temporary access roads for convenient access to the various parts of the work, and for other necessary purposes incidental to the performance of this Contract. The Contractor shall erect such temporary fences or guards as may be necessary to keep unauthorized persons away from the work. Grading and surfacing of temporary access roads, excavations, fills and embankments for purposes of construction, or for convenience, beyond the limits of ordered excavations and all temporary fences and guards, shall be provided by the Contractor and shall be maintained in good condition. The Contractor shall be required to maintain all roads used by the hauling equipment in a dust-controlled condition. Upon completion, the Contractor shall return the disturbed areas to the approximate original condition, as approved by the Engineer, and re-establish vegetation in accordance with these specifications.

The contactor shall be required to obtain a right of entry agreement from any landowner(s) prior to the utilization or construction of any access outside of the construction limits shown on the plans. Such agreement shall require the landowner(s) to indemnify and hold WVDEP harmless from any and all injuries or damages, whatsoever, resulting from the Contractor’s use of the property.

Should the Contractor decide to utilize any access oƯ county roads other than those shown on the plans, he/she shall modify the approved NPDES permit and obtain necessary permits from the WVDOH to work in their right-of-way all at his own expense.

20. TraƯic Control

The Contractor shall maintain and protect traƯic, protect the work in progress, protect adjacent property from excess dust resulting from the construction and

2026 Kleinfelder Page 16 WV AML N1 Contract maintain traƯic through, around, or adjacent to the construction area. All materials used for traƯic control shall be in accordance with the WVDOT “Manual on TraƯic Control for Streets and Highway” 2006 edition, dated March 2006. The Contractor shall submit the TraƯic Control Plan to the West Virginia Division of Highways District Four TraƯic Engineer (Fouad Shoukry), P.O. Box 4220, Clarksburg, West Virginia 26302, (304) 326-0233, for approval prior to submitting a copy of the operational plan to the Engineer for approval prior to its implementation. The Contractor will be required to comply with all WVDOT rules, regulations, weight limits, and speed limits associated with and posted on Murphys Run Road, as well as other public roads used by the Contractor to access the project. The Contractor will be required to coordinate his operations with landowners and provide unrestricted access to them at all times.

At the discretion of the Engineer, the Contractor will be required to employ flag persons along Murphys Run Road to direct traƯic while hauling materials on and oƯ site and other constructions. The Contractor will also be required to keep driveways, public roads and other existing access roads used during construction of the project free of fugitive dust and clean of mud and other debris from the job site deposited by construction and other vehicles entering or leaving the project area.

21. Site Conditions and Environmental Protection

Conditions at the site shall be examined by the Contractor, and the Contractor shall assume responsibility as to the contours and the character of the earth, rock, water and other items that may be encountered during the excavation and filling operations.

The Contractor shall be responsible for controlling and handling water encountered during construction, including dewatering of two dangerous impoundments, by providing equipment and labor to ensure safe and proper construction. The Contractor shall submit a plan to the Engineer and/or WVDEP at the pre-construction meeting for approval. The Engineer and/or WVDEP’s approval of this plan does not relieve the Contractor of his responsibility for controlling water.

The Contractor shall be responsible for the operation and maintenance of any required diversion or pumping facilities for removing ground water from work areas during the progress of the work under this Contract.

The Contractor shall be responsible for furnishing all materials, equipment, labor and incidentals necessary for the installation of silt barriers and check dams as designated in the drawings. Sediment control shall be placed on regraded areas concurrent with construction and prior to revegetation.

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The Contractor shall be responsible for implementing the measures called for in the NPDES Stormwater permit provided by the WVDEP for erosion and sediment control.

Sediment control measures shall be in-place and operational prior to any disturbance occurring in the project area. The WVDEP’s approval of this plan does not relieve the Contractor of his responsibility to be in compliance with any laws and/or permits.

The Contractor shall take any necessary steps to prevent erosion or silting problems from occurring and to minimize pollution or sedimentation of the stream. If any such problems develop, the Contractor shall be responsible for taking immediate corrective action.

The Contractor shall be responsible for the repair or replacement of streets or driveways (blacktop, gravel & concrete), trees, shrubs, fences, and any other physical features that are disturbed by construction which were not included in the proposed scope of work for the project to original condition or better at his own expense. The Contractor will be required to regrade, maintain, and repair access roads in and near the project area and top existing roadway surfaces after construction operations are complete, but before demobilization operations, with compatible materials that existed upon mobilization operations. All existing access roads shall be maintained with materials compatible with those existing, repaired with compatible material as exists, and left in a condition equal to or better than existed at the time of mobilization activities. At a minimum, constructed access roads and existing access roads used for construction shall be upgraded and maintained to provide all-weather access to construct the project as specified and shown on the plans.

The Contractor shall be responsible for the replacement of any existing boundary or corner markers disturbed by construction activities.

22. Control and Review of Work by Engineer

All services rendered by the Engineer consist of professional opinions and recommendations made in accordance with generally accepted engineering practice. Under no circumstances is it the intent of the Engineer to directly control the physical activities of the Contractor or the Contractor's workmen's accomplishment of work on this project.

The presence of the Owner's Field Representative and/or Engineer at the site is to provide the Owner a continuing source of professional advice, opinions and recommendations based upon the Field Representative's and/or Engineer's observations of the Contractor's work and does not include any superintending, 2026 Kleinfelder Page 18 WV AML N1 Contract supervision or direction of the actual work of the Contractor or the Contractor's workmen.

Any construction review of the Contractor's performance conducted by the Engineer is not intended to include review of the adequacy of the Contractor's safety measures, in, or near the construction site.

23. Citation of Other Specifications

Whenever the Specifications for this Contract refer to the specifications of any society, institute, association or government organization, then such specifications cited shall become a part of this Contract as if written in full. Commonly used abbreviations have the following meanings:

ASTM - American Society for Testing Materials ASA - American Standards Association AWWA - American Water Works Association AASHTO - American Association of State Highway and Transportation OƯicials ACI - American Concrete Institute WVDOT - West Virginia Department of Transportation; WVDOH - West Virginia

Division of Highways

Where reference is made to a specification, it shall be the latest revision at the time called for bids, except as noted on the Plans or elsewhere herein.

24. NPDES Stormwater Permit Guidelines

VEGETATIVE PRACTICES

Except as noted below, stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven (7) days after the construction activity in that portion of the site has permanently ceased.

Where the initiation of stabilization measures by the fourth day after construction activity temporarily or permanently ceases or is precluded by snow cover, stabilization measures shall be initiated as soon as conditions allow.

Where construction activity will resume on a portion of the site within 21 days from when activities ceased, (e.g., the total time period that construction activity is temporarily halted is less than 21 days) then stabilization measures

2026 Kleinfelder Page 19 WV AML N1 Contract do not have to be initiated on that portion of the site by the seventh day after construction activities have temporarily ceased.

Areas where the seed has failed to germinate adequately (uniform perennial vegetative cover with a minimum density of 70%) within 30 days after seeding and mulching must be reseeded immediately, or as soon as weather conditions allow.

Diversions must be stabilized prior to becoming functional.

MAINTENANCE & INSPECTION

The Contractor shall be responsible for the continuous maintenance of all erosion and sediment control measures and devices for the duration of the project and until the area is stabilized with a minimum uniform 70% perennial vegetative cover. At a minimum, the Contractor shall inspect all erosion and sediment controls within the disturbed areas at least once every four (4) calendar days and within 24-hours after any precipitation event 0.25-inches or greater per 24-hour period.

All applicable erosion and sediment controls should be cleaned out when sediment reaches one-half the sediment capacity of that specific control measure.

Inspection and maintenance records must be kept on-site.

EROSION & SEDIMENT CONTROL CONSTRUCTION SEQUENCE

1. Install stabilized construction entrance as shown on site plans.

2. Install perimeter sediment control devices as shown on site plans.

3. Clear and grub site.

4. Install stabilized construction storage areas as shown on the site plans and provide sediment control for any topsoil stockpiles.

5. Install additional erosion and sediment controls as shown on site plans.

6. Commence rough grading of site. Continue to maintain and inspect all erosion and sediment controls.

7. Fine grade site.

8. Install additional erosion and sediment controls as shown on site plans.

9. Permanently seed and mulch all disturbed areas within seven (7) days of reaching final grade.

10. Upon completion of the project, including adequate stabilization, remove all remaining erosion and sediment controls.

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SECTION III – TECHNICAL SPECIFICATIONS

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SECTION III – TECHNICAL SPECIFICATIONS

1. MOBILIZATION and DEMOBILZATION

1.1. DESCRIPTION

This work shall consist of the performance of construction preparatory operations, including the movement of personnel and equipment to the project sites and for the establishment of the Contractor’s oƯices, buildings and other facilities including the construction of all temporary access roads as necessary to begin work on a substantial phase of the contract. The location of Contractor’s oƯice (if established) shall be approved by the Engineer. It shall also include all demobilization activities involving the removal from the sites of all equipment, supplies, and personnel after completion of the work including cleanup of all rubbish and waste materials generated during the construction of this project;

and restoration of any damage to existing site improvements resulting from the Contractor’s activities at the site; and installation of the project sign.

1.2. METHOD OF CONSTRUCTION

The Contractor shall comply with Special Provision 6, Schedule of Work. The Contractor shall provide adequate supervision, labor, tools, equipment, and materials to prosecute the work energetically and complete the work within the time specified.

The Contractor’s work hours for this project shall be from 7:00 a.m. to 7:00 p.m.

Monday through Friday. Work on Saturday, Sunday and major holidays, as defined by the Engineer, will not be allowed on this project unless approval is obtained from the Owner and Engineer.

The Contractor shall maintain and protect traƯic, protect the work in progress, protect adjacent property from excess dust resulting from the construction, and maintain traƯic through, around, or adjacent to the construction area.

The Contractor shall comply with OSHA Regulation 29CFR1926 Subpart P for excavation of trenches associated with pipe, culvert, subsurface drains, collection systems, mine seal constructions, and similar constructions. The Contractor shall also protect pedestrian and vehicular traƯic around excavations and trenches in compliance with the U.S. Federal Highway Administration Manual of Uniform TraƯic Control Devices and the WVDOT “Manual on TraƯic Control for Streets and Highway” 2006 edition, dated March 2006. The Contractor will be required to comply with all WVDOT rules, regulations, weight

2026 Kleinfelder Page 22 WV AML N1 Contract limits, and speed limits associated with and posted on Murphys Run Road as well as other public roads used by the Contractor to access the project. The Contractor will be required to coordinate his operations with landowners and provide unrestricted access to them at all times. The Contractor will also be required to keep driveways, all public roads, and other existing access roads used during construction of the project free of fugitive dust and clean of mud and other debris from the job site deposited by construction and other vehicles entering or leaving the project area.

1.3. METHOD OF MEASUREMENT

The method of measurement for Mobilization and Demobilization shall include all costs associated with mobilization and demobilization to perform tasks shown on the plans and herein specified.

1.4. BASIS OF PAYMENT

The bid for Mobilization and Demobilization shall be a lump sum and cannot be more than 10% of the “TOTAL AMOUNT BID” for the project.

Partial payments for Mobilization and Demobilization 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 and contingent upon the erection of the project sign being complete.

(b) The final one-half of the amount bid shall be released with the estimate payable after the work is accepted by the Owner and the Contractor has submitted and received approval for paper (hard copies) and two (2) CD-ROMs with all “As-Built” plans, in accordance with Specification 2.3.6.

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.

1.5. PAY ITEM

Item 1.0, “Mobilization and Demobilization” per lump sum. Cannot be more than 10% of the TOTAL AMOUNT BID for the project.

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2. CONSTRUCTION LAYOUT STAKES

2.1. DESCRIPTION

This item consists of furnishing, placing, and maintaining construction layout stakes necessary for the proper performance of the work under this contract, including borrow areas. 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 Engineer or dictated by planned excavations. Additionally, this item shall also include the preparation of “As-Built” Plans including the (Borrow/Disposal Area) Reclamation Plan and any others specifically requested by the Engineer or Owner. All “As-Built” Plans shall be submitted within 60 days of substantial completion and shall be finalized prior to the Final Inspection Meeting. Upon receipt and approval of the “As-Built” Plans by the Owner, the final one-half of the amount bid for Item 1.0, “Mobilization and Demobilization” will be released.

2.2. MATERIALS

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

Paper and computer media are required for various submittals.

2.3. METHOD OF CONSTRUCTION

2.3.1 The Contractor shall be responsible for the proper layout of the work. The Engineer 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 oƯset 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), and shown on the construction drawings. The Contractor shall also perform any necessary cross-section surveying of the existing ground surface at the intervals shown within the construction drawings, provide an overlay of the surveyed cross-sections plotted atop the cross-sections shown on the construction drawings, and submit the same to the Engineer for comparison prior to initiating earthwork.

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2.3.2.1 The original grade line and proposed final grade line shall be included on all sections. Incomplete cross-sections will be returned to the Contractor for necessary additions.

2.3.2.2 Cross-sections, which do not encompass all areas of both earthwork excavation (including borrow excavation) and fill placement shall be considered incomplete without exception.

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 Engineer. The Contractor shall furnish a copy of his/her survey records for checking by the Engineer and for the Owner's permanent file. These records shall be furnished as they are completed during the progress of the work.

2.3.4 Any inspection or checking of the Contractor's layout by the Engineer 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.

2.3.5 The Contractor shall exercise care in the preservation of stakes and benchmarks, including existing property corners and 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 ensure that it be done under the supervision of, or directed by, a Registered Professional Civil Engineer or Registered Professional Land Surveyor licensed in the State of West Virginia. The Contractor will be required to establish references to found corners and markers and reset each corner or marker in its original location prior to demobilization operations. If the property corner or marker cannot be re-established in its original location (falls in a ditch, road, etc.), then surveyed oƯsets shall be set to that property corner or marker. The surveyed oƯsets shall be set along each property line going into and out of the subject corner or marker and at an even distance from the subject corner or marker. The Contractor shall supply the landowner with a plan developed and signed by a West Virginia Licensed Professional Land Surveyor and suitable for recording in the Courthouse and meeting the requirements of Article 30-13A of the West Virginia Code.

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2.3.6 “As-Built” Plans shall be submitted within 60 days of substantial completion and finalized prior to the Final Inspection Meeting.

2.3.6.1 Hard (paper) copies of all “As-Built” Plans shall be submitted to the Owner and Engineer prior to this meeting. Hard copies shall be the same size, scale, and clarity as the sections contained in the Plans.

2.3.6.2 Two (2) CD-ROMs with all “As-Built” Plans shall also be submitted to the Owner and Engineer prior to this meeting.