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 #2 AML West Fork #9

ARFQ 0313 DEP2600000064_2

The following are questions that were identified at the Pre-Bid Conference (PBC) conducted on-site on January 12, 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

-N/A

PRE-BID QUESTIONS AND ANSWERS

Q1. What timber for the Project is mulched, and what is to be segregated?

A1. All timber other than what is described in the plans and specifications on Parcel 2 and 3 (Riverdale Estates, LLC) will be chipped and removed from the Site. For the marketable timber on the parcels described above please refer to the plans and specifications, Section 4., on how that will be handled during construction.

Q2. Who gets the timber that is cut for the Site?

A2. All timber other than what is described in the plans and specifications on Parcel 2 and 3 (Riverdale Estates, LLC) will be chipped and removed from the Site. For the marketable timber on the parcels described above please refer to the plans and specifications, Section 4.2, on how that will be handled during construction.

Q3. How are stumps to be handled, chipped?

A3. Yes, stumps will be chipped and removed from the Site.

Q4. Are the horizontal drilling locations single or double bores at each location?

A4. Please refer to the plans and specifications in Section 12, at this a single bore is proposed at each location.

Q5. Are there separate bid items for pilot holes and production holes for the horizontal drilling?

A5. The horizontal drilling is based on a linear foot basis, please refer to the plans and specifications, Section 12. There are no separate bid items for the pilot and production holes related to horizontal drilling.

Q6. Is all material that slid into the river proposed for removal?

A6. The material for the retaining wall location included under Section 8.2 will be removed from the Site.

Q7. Is the contractor paid for all material removed from the Site?

A7. All material shown for removal under Section 8.1 and 8.2 is included within the current scope of work.

ARFQ 0313 DEP2600000064_2

Q8. Is the contractor responsible for testing costs?

A8. Yes, the contractor is responsible for the testing costs associated with the Project, please refer to the plans and specifications for details.

Q9. For the temporary access where the asphalt was proposed to be demoed prior to construction, is this remove/replace, and what is the reason?

A9. The current condition of the temporary access road (Pike Street) requires the asphalt to be removed prior to construction due to the condition of the subgrade.

Asphalt will be replaced as shown in the plans prior to the completion of the Project. Please refer to the plans and specifications (Section 8.1) for additional information for the removal of asphalt on the project, a clarification has been added for the removal of asphalt.

Q10. Is there a waste site identified for soils and asphalt removed from the Site?

A10. Yes, please refer to the plans and specifications (Section 8.6) for the Project. The material is to be split between two receiving sites identified in the documents provided.

Q11. Where are the stockpile and staging area locations for the Project?

A11. Stockpiles and staging areas are identified in the plans and were discussed during the pre-bid meeting. Please refer to the design plans for locations.

Q12. DEP noted lots of foot traffic on the trail and that it is the contractor’s responsibility to restrict this for safety reasons, please clarify?

A12. Landowners and sewer personnel should be the only individuals with access other than agency, contractor and engineering personnel. As part of the administration line item, the contractor shall submit a safety management plan for all areas within the limits of disturbance to be approved prior to construction.

As part of this plan a log of visitors will be kept during construction. See updated Section 1.1 of the specification document.

Q13. Will advanced notice for construction observation be required?

A13. Yes, for the start of construction a 5-day notice is required. During construction, testing or specialized items (i.e., compaction testing, horizontal drilling, wall anchor testing, etc.) require a minimum of 72 hours’ notice.

Q14. Is the existing debris/brush pile between rail trail and West Fork River, East of Wastewater Plant part of the project?

A14. No, it is outside of the LOD.

Q15. At DI#4 is asphalt to be included in the bid?

A15. Yes, refer to plans and specification (Section 11) documents.

Q16. At the 3rd slip, if the contractor cleans the slide debris up and it keeps coming, how is the contractor getting paid for everything removed?

A16. Contractor shall be paid utilizing a pre and post survey for a total yardage calculation per the design and specification (Section 8.6.3).

ARFQ 0313 DEP2600000064_2

Q17. At the last slip (easternmost) is asphalt to be installed all the way to the location?

A17. Yes, refer to the plans and specification documents.

Q18. At eastern project extent will all of the timber be staged?

A18. Please refer to the answer to question #1.

REVISED SPECIFICATIONS

1. Section 8 - was amended to identify Asphalt to be removed from the site shall go to Meadowfill Landfill.

2. Section 1.1 – Safety Management Plan Requirement Added

REVISED DRAWINGS

-N/A

CLARIFICATIONS, NOTES, AND CHANGES

1. B&O Tax is required for this site. See attached sheet.

2. As part of the administration line item (Section 1.1 of the specifications), a safety management plan will be required for review and approval prior to construction.

3. Due to tree clearing limitations, all trees proposed for clearing must be felled prior to March 31, 2026.

REVISED BID SCHEDULE (Submitted separately)

1. Item 8.2 “Unclassified Excavation” – Meadowfill Landfill has been increased to 6,100 tons to account for asphalt removed and delivered to Meadowfill.

2. Item 8.1 “Unclassified Excavation – Coal Valley” - Increased quantity to 8,950 to account for potential additional material that appears to have slipped further from the original scope.

3. Total for Engineer’s Cost Estimate is updated to $4,405,994.85.

PRE-BID SIGN IN SHEETS

Attached

*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.

B&O TAX INFORMATION

PRE-BID SIGN IN SHEETS

REVISED BID QUANTITIES

ITEM NO. DESCRIPTION QUANTITY UNITS

1.0 Mobilization and Demobilization (Cannot Exceed 10% of Total Bid Amount) 1 LS

2.0 Construction Layout Stakes (Cannot Exceed 5% of Total Bid Amount) 1 LS

3.0 Quality Control (Cannot Exceed 3% of Total Bid Amount) 1 LS

4.0 Site Preparation (Cannot Exceed 10% of Total Bid Amount) 1 LS

4.1 Temporary Access Road Construction 7,250 LF

4.2 Temporary Work Pads 1 LS

4.3 Temporary Utility Crossing (Matting) 5 EA

4.4 Temporary Channel Crossing (Matting) 1 EA

4.5 Temporary Utility Crossing (Steel Plates) 24 EA

5.1 Stabilized Construction Entrance 2 EA

5.2 Stabilized Construction Storage Area 3 EA

5.3 Compost Filter Sock - 18" 3,225 LF

5.4 Silt Fence 1,000 LF

5.5 Super Silt Fence 4,160 LF

5.6 Erosion Control Blanket - (Rolled) 9,500 SY

5.7 Concrete Washout Structure with Straw Bales 1 EA

6.0 Revegetation (Per Plan View Acre) 8.4 AC

7.1 Vegetated "Trapezoidal" Channel 1,165.0 LF

7.2 Grouted Riprap "Trapezoidal" Channel 170.0 LF

7.3 Rock Energy Dissipator 5 EA

7.4 Type "G" Inlet 4 EA

7.5 Relocated Stream Channel 127 LF

7.6 30" HDPE Culvert 110 LF

7.7 24" HDPE Culvert 90 LF

7.8 18" HDPE Culvert 215 LF

7.9 Riprap Apron at Pipe Outlet in Channel 6 EA

7.10 Concrete Wingwall 4 EA

7.11 Riprap Apron at Wingwall 4 EA

7.12 Geotextile Tube 9 EA

8.1 Unclassified Excavation - Coal Valley 8,950 CY

8.2 Unclassified Excavation - Meadowfill Landfill 6,100 TN

9.1 Modified Wet Seal 5 EA

9.2 External Wet Seal Bulkhead 5 EA

9.3 12" SDR-35 PVC Wet Seal Conveyance Pipe 225 LF

9.4 Soda Ash Briquettes (Per 50lb. Bag) 50 EA

9.5 Dry Seal 2 EA

9.6 Class A Riprap - Subsidence Area 120 TN

9.7 Piezometer Abandonment 5 EA

10.1 Steel Beam HP 12 X 74 Piles 432 LF

10.2 Rock Sockets - 24 " Dia 110 LF

10.3 Precast Lagging, 8" Thick 1312 SF

10.4 Railings 168 LF

10.5 Tiebacks (#14 Grade 80 Bar) 650 LF

10.6 Grout Take in Excess of 150% (Contingency) 100 CF

10.7 Wall - Fill 400 CY

11.1 Subgrade Excavation for Road, Coal Valley 2085 CY

11.2 Aggregate Base Course, Class 10 1042 CY

11.3 Marshall Base Course, SG, TY II 1567 TN

11.4 Asphalt Material 313 GAL

11.5 Marshall Asphalt Wear Course, SG, TY IV 763 TN

12.0 Directional Boring 400 LF

13.0 Traffic Control 1 LS

14.0 Utilities 1 LS

Note:

BID SCHEDULE - ARFQ 0313 DEP 2600000064 - AML West Fork #9

The quantities shown on the summary of quantities represent the amounts as directly measured in the plans. When bidding in wvoasis the commodity lines may be different amounts from the plans to accommodate any unforeseen changes in the field. Therefore, always bid on the quantities listed in wvoasis.

REVISED SPECIFICATION DOCUMENT

©2025 Kleinfelder WV AML N1 Contract

OFFICE OF ABANDONED MINE LANDS AND RECLAMATION

WEST FORK #9

HARRISON COUNTY, WEST VIRGINIA

November 2025

CONSTRUCTION SPECIFICATIONS

180 White Oaks Blvd, Suite 110

Bridgeport, West Virginia 26330

(304) 933-3345

REVISED JANUARY 21, 2026

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PAGE LEFT BLANK INTENTIONALLY

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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. Mine Seals

10. Soldier Beam and Lagging Retaining Wall

11. Pavement

12. Directional Boring

13. TraAic Control

14. Utilities

IV. APPENDICES

1. Contractor Information Form (AVS)

2. Geotechnical Information

3. Planning Documents

4. Realty Documents

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SECTION I - DEFINITIONS

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SECTION I - DEFINITIONS

1. "Bidder" refers to the person, firm, or company oAering 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 OAice of Abandoned Mine Lands & Reclamation.

3. "Regional Engineer or Engineer" refers to the head of the Construction Group of the

OAice of Abandoned Mine Lands & Reclamation of the West Virginia Department of

Environmental Protection in each regional oAice.

4. "Construction Supervisor" refers to the regional supervisor of the West Virginia

Department of Environmental Protection, OAice 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. "DEP" means the West Virginia Department of Environmental Protection.

10. "Design Engineer" shall mean the representative of the OAice 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 DEP to furnish the Contractor with any portion of the work called for by the contract.

14. “Stabilization Measures” as noted in Section 5 Vegetative Practices shall be understood to mean and include any/all measures necessary for preventing erosion

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& 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 West Fork #9 project site is in Harrison Co, WV just North of the City of Shinnston along the West Fork River. The site can be accessed from Pike Street and Mahlon

Street, both of which connect to U.S. Route 19 (US-19) on the northern side of

Shinnston. The preliminary site LOD is approximately 10.7-ac. The Construction Area

Limit is approximately 15 ac., which includes the LOD. The center of the project is located at 39.4009° N latitude and -80.2915° W longitude on the Shinnston 7.5’

United State Geological Survey (USGS) quadrangle.

The site was underground (deep) mined in 1926 by the Consolidated Coal Company

(No. 66 Mine), in 1946 by the Alstead Coal (Alstead Mine), and the Blackburn Mine

(unknown dates).

The goals of this project from the Task Agreement include the reclamation of eight (8)

P2 DIs, three (3) P2 mine portals, one (1) P2 subsidence area, and one (1) P2 DS.

These AML features are located within the West Fork River watershed (0502000202), which is a major drainage to the Monongahela River watershed (5020002). The project is needed to remediate public health and safety hazards associated with the above

AML features through reclamation practices. Additionally, a dangerous slide occurred in the Spring of 2025 that caused a portion of the West Fork River Rail Trail to slip and fall into the river along with lots of soil which has deposited and formed a dike in the river. This dangerous slide poses a significant public safety hazard and will be remediated through construction of a soldier beam and lagging retaining wall included as part of the overall project design to stabilize the rail trail and riverbank.

2. Directions to Site

From Morgantown, WV

Take I-79 South and use the Saltwell Road/Shinnston Exit 125. Turn right onto WV-131

West Benedum Drive/Grande Meadows Drive. Turn left onto Route131 West - Saltwell

Road for 6.4 miles and turn right onto US-19 North. Proceed 0.4 Miles and turn right onto E. Pike Street and follow to the Shinnston Wastewater Treatment Plant. This area accesses the West Fork River Rail Trail. The project is located to the east and west of the wastewater treatment plant.

From Charleston, WV

©2025 Kleinfelder Page 6 WV AML N1 Contract

Follow Interstate 79 North and take exit 121 toward County Route 24/Meadowbrook

Road. Turn left onto Johnson Avenue and continue onto Meadowbrook Road. Follow

Meadowbrook Road for 4.7 miles and turn right onto US-19 North. Follow US-19 North for 3.6 miles and turn right onto E. Pike Street.

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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 suAicient sized equipment to the project area to complete the project within stated timeframes;

• 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 oA-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 temporary access roads, temporary timber bridge for buried line protection at all project road crossings;

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• 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 regraded areas at locations shown on the plans to prevent rills and gullies;

• Install pads for filtration bags and dewater the mine to a level such that mine seals can be installed.

• Remove dangerous slip material along the edge and in the West Fork River and construct a soldier beam and lagging retaining wall;

• Dewater existing mines and establish modified wet mine seals;

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

• Placement of soil cover material over regraded slopes;

• Backfilling identified subsidence features with riprap and soil cover;

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

• Road and Rail Trail paving operations 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, OAice of Abandoned Mine Lands and

Reclamation (WVDEP).

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

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 OAicials, latest edition, and all subsequent addenda thereto.

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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 all-subsequent addenda thereto.

All references to “WVDOT “Manual on TraAic 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 OAice 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 diAiculties 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 diAiculties 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 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.

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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 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.

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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 oA-site borrow areas and or any waste disposal areas.

• No borrow (disposal) site operations will aAect 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 (CE.O. 11988: Floodplain Management).

• Borrow (disposal) site operations will not be located in or aAect 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 (trash, debris, and garbage) 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 Section 4.0 of these Specifications.

Soils associated with the Dangerous slide to be removed during the construction of the retaining shall be disposed of at the Meadowfill Landfill located in Bridgeport, WV.

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Soils associated with the slips at DIs 4-8 shall be removed from the site and taken to the Coal Valley Special Reclamation Site near Enterprise, WV.

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 as directed by the

Engineer and in accordance with these Specifications.

All cleared and grubbed material that is not suitable for burning shall be removed to an oA-site disposal area. The Contractor shall observe the NEPA compliance schedule relative to selecting and utilizing any oA-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 eAect 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 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.

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

©2025 Kleinfelder Page 13 WV AML N1 Contract 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 traAic around work areas including excavations and trenches in compliance with U.S. Federal Highway

Administration Manual of Uniform Tra@ic Control Devices and the WVDOT

“Tra@ic 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 US-19 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 US-19 to direct traAic while hauling materials on and oA site and other constructions. The

Contractor will also be required to keep driveways, US-19, 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 traAic at all times and shall provide appropriate barriers and warning devices as directed by the Engineer.

13. Laws to be Observed

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 aAecting 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

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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, OAice 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 OAice, 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 Owner 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 and show any existing utilities within the project limits on the plans, the Contractor shall be solely 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 aAected well in advance and before beginning any work within the project sites. In the

©2025 Kleinfelder Page 15 WV AML N1 Contract event of damage to the existing utilities or other facilities, the Contractor shall notify the aAected 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 aAected 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 areas are located in a densely populated area with numerous overhead and buried public and private utilities located within and adjacent to the project area.

The Contractor will be required to pad several buried utility lines located within the project areas before crossing them. The name, address, and phone number of the

WVMIS Utility location service and of the utility companies are as follows:

Project Utility Coordination:

Miss Utility of West Virginia 1-800-245-4848

City of Shinnston (Sewer and

Water)

40 Main Street, Shinnston, WV 26341

(304) 592-2126

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.

18. Rock Blasting

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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 eAect 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. No separate payment for construction and maintenance of such roads will be made. 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 reestablish 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 oA 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. Tra@ic Control

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

©2025 Kleinfelder Page 17 WV AML N1 Contract maintain traAic through, around, or adjacent to the construction area. All materials used for traAic control shall be in accordance with the WVDOT “Manual on Tra@ic

Control for Streets and Highway” 2006 edition, dated March 2006. The Contractor shall submit the TraAic Control Plan to the WVDOH District Four TraAic 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 US-19, 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 US-19, to direct traAic while hauling materials on and oA site and other constructions. The Contractor will also be required to keep driveways, US-19 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 mine pools for mine seal installations, 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 Department's Field Representative and/or Engineer at the site is to provide the Department 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, ©2025 Kleinfelder Page 19 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 OAicials

• 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

©2025 Kleinfelder Page 20 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 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% 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. Provide sediment control for any top-soil 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 oAices, buildings and other facilities including the construction of…