ADDENDUM NO 4 ARFQ DEP27-08 Brushy Meadow Creek Highwall B.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.

DEP2700000008

1. To publish questions and answers and Pre-Bid Conferences sign-in sheets

2. To publish insurance requirements to add additional insured

3. To publish updated specifications

Addendum #4

Brushy Meadow Creek Highwall B

Permit (if applicable)

ARFQ DEP27*08

The following are questions that were identified at the Pre-Bid Conference (PBC) conducted on-site on September 2, 2026 and September 22, 2026, questions provided to the WVDEP

Procurement, Project Clarifications, Project Notes, Project changes, Technical Specification

Changes, and Project Plan Changes. The answers and clarifications provided herein take precedence over verbal answers at the PBC and previously provided specifications and descriptions provided in the Solicitation should there be any conflicts between the two.

QUESTIONS AND ANSWERS

Q1. What is maximum rock size that can be incorporated into the fill?

A1. The maximum rock size within the fill area shall be three (3) feet in any dimension.

The exception is that rocks larger than three (3) feet may be placed within fifty (50) foot of the highwall and have a minimum of fifty (50) feet of anticipated fill above them.

Q2. Can stumps be buried?

A2. Stumps shall be burned or ground up. No burying will be allowed.

Q3. What is seed rate in tree planting areas?

A3. The pollinator mix shall be applied at a half rate in the tree planting areas. An item will be added to the bid sheet for “Tree Planting” per acre and shall include the ripping, providing and planting trees and the application of the revegetation with the half seed rate.

Q4. What is survivor rate on tree planting? What is warranty period?

A4. There will be no survivor rate warranty on trees.

Q5. Is burning or chipping allowed on site? If chipping is allowed, can it be disposed of in windrows?

A5. Burning shall be permitted as long as the contractor can obtain and maintain a burning permit. Chipping is allowed and may be disposed of in areas where the brush is windrowed.

Q6. Is there a clearing window for the project?

A6. Clearing may only take place between November 15 till March 31.

Q7. Is a winter shutdown considered in the time frame for completion?

A7. The completion period is based on 450 calendar days. Winter shutdowns will be at discretion of WVDEP based on weather conditions and the ability to work.

ATTACHMENT A

Q8. Is there a substitute for fabriform channel?

A8. There is no substitution for fabriform channel.

Q9. Is there approved access other than the one shown on the drawings?

A9. The approved access shown on the plans is the only one that has been obtained.

Q10. Is there a source of water available to the contractor?

A10. The contractor is responsible for obtaining access to water and any and all associated permits if required.

Q11. Is clearing or excavation above the highwall allowed?

A11. Minimal disturbance is anticipated above the highwall. The intention is that clearing and grading will only be for final tie in to the existing contour.

Q12. Is there a tree planting window?

A12. Tree planting shall be from October 1 till December 31 and March 1 till

April 30.

Q13. Once the bid is approved, will the contractor be required to verify the volumes of the cross sections used for spoil balance?

A13. Requirements are as per Section 2.1 of the specifications.

Q14. Can you please confirm what size/age of trees or seedlings are required, including any minimum height, container size, or bare-root requirements?

A14. Trees shall be nursery bare root stock.

Q15. Please clarify that any organic material not removed from the area by the landowner (+ 8 Inch diameter trees) can be wind rowed rather than burned and if so what area is permissible for the organic material to be wind rowed.

A15. The area on the down grade portion of the project shall be utilized for wind rowing trees and other organics.

Q16. Due to the potential change in specifications can the bid due date be extended to October 16, 2026?

A16. No.

Q17. The bid quantity for Item 8.1 is 601,042 CY, but the final cross section appears to show 604,115.62 CY of excavation. Can you clarify which quantity we should base our bid on, and is the engineer’s earthwork quantity backup available?

A17. Use the quantity in the bid sheet. The earthwork quantity backup is in CAD and not readily available.

Q18. The plans appear to show about 41,000 CY more excavation than embankment. Is that extra material expected to remain onsite, and were any shrink/swell or compaction factors used when developing the earthwork balance?

A18. This is due to shrink – swell balance.

Q19. The specifications reference final test boring logs, but we have not been able to locate them in the bid documents. Are there boring logs available that can be provided to the bidders?

A19. There were no borings on this project.

Q20. For the required soil cover, is there an estimate of how much suitable soil is expected to be available onsite? If there is not enough suitable material onsite, should we assume the contractor is responsible for locating and furnishing additional borrow material?

A20. Best available soil within the excavation limits will be used. No borrow is required.

Q21. Can you clarify how work around the existing gas utility will be paid? One section appears to say approved protection work is reimbursed to the contractor at cost, while another says WVDEP will pay the utility directly. We just want to make sure we understand what costs the contractor should include in the bid?

A21. The Contractor will not bid on utility work. The Contractor shall contact the utility providers within the project limits of disturbance. Any protection/relocation requirement requested from the utility company shall be submitted for review to the

WVDEP. Upon approval of the protection/relocation requirement, the utility work shall be billed to and paid for by the WVDEP.

Q22. Can you clarify which permits WVDEP will obtain and which permits the contractor will be responsible for obtaining? There appears to be slightly different language in the project-specific and supplemental specifications.

A22. Contractor will be responsible for burning permit. NPDES has been obtained and there is language in the spec as to the assignment process.

Q23. The supplemental specifications define a winter shutdown as typically November 30 through April 1, when work may not be practical. How does an approved winter shutdown affect the 450 day contract time?

A23. Contract time will be extended if WVDEP approves a winter shutdown.

Q24. Is access to the site location from the Old Railroad Grade Road on option?

A24. The contractor must obtain right of entry to access on any alternate other than the designated plan access.

Q25. What is the depth of Ditch 1A? Is it a vee ditch to trapezoidal ditch?

A25. See ditch chart Sheet 57.

Q26. What is the depth of Ditch 4A1? Is it a vee ditch to trapezoidal ditch?

A26. See ditch chart Sheet 57.

Q27. On channel 2 the "hatched" portion of the ditch does not start at 0+00. It starts on the other side of the rock check. Is it the intention of the Engineer to start at 0+00?

A27. It starts at 0+00. See profile.

Q28. Can we take down danger trees from the top of the highwall?

A28. Yes.

Q29. Do we have to remove the sloughed material at the base of the highwall or is it to be considered part of the highwall and unsafe to remove it due to the stability it is providing.

A29. Consider it part of the highwall backfill and not removed.

Q30. Will the contractor be responsible for the additional time of the project as well as the cost of materials and labor to construct wet seals in the event underground openings are encountered?

A30. If mine seals are encountered a change order will be issued for the change in scope.

Permit (if applicable)

ARFQ DEP27*08

Q31. Can material placement be accomplished when temperatures are below freezing and material is frozen?

A31. Frozen material must be removed prior to lift placement.

Q32. If weather dictates compaction cannot be achieved will additional time be granted to complete the project?

A32. WVDEP will grant winter shutdowns when it is deemed appropriate by them.

Q33. Please provide the tree sizes that are to be planted.

A33. 1-0, bare root, nursery stock (12 to 36 inches tall seedlings)

Q34. Please provide a tree planting detail.

A34. Seedlings must be kept refrigerated until planted. A gel dip, such as Terrasorb, should be used on all seedlings prior to planting. Professional tree planters are strongly recommended. Tree seedlings should not be allowed to dry out during storage and handling prior to planting and should be kept dormant until planted.

Seedlings should be kept cool, but not allowed to freeze, and should be protected from direct sunlight and high temperatures prior to planting. If planting is delayed, the bags of seedlings should be wetted and roots dipped in a moisture-retaining gel specifically designed to keep roots from drying. The seedlings should then be rebundled and placed in cold storage (32-36° F) for no more than four weeks.

During planting, the Contractor shall make certain that planters do not expose roots to the air by carrying seedlings in their hand. Seedlings should be carried in a planting bag and not removed until the planting hole is opened. Planting holes must be opened deeply enough so that the roots can be evenly spread in the hole.

Seedlings should be planted deep enough so the root collar, area on the stem just above the root system, is about one inch deeper than grown in the nursery. Finally, the planting hole must be completely closed to prevent any air spaces around the roots from drying out the seedling.

Q35. How will the grouted low water crossings be measured and paid?

A35. Crossings shall be paid as linear foot of the ditch that it is installed in.

REVISED SPECIFICATIONS

1. Section 6.4.3 added to Specifications to add method of measurement and basis of payment for Tree planting.

2. Section 6.5 revised to add Pay Item 6.2 – Tree Planting, per plan view acre.

3. Section 6.2.6 revised to remove tree consulting.

REVISED DRAWINGS

NA

CLARIFICATIONS, NOTES, AND CHANGES

1.

REVISED BID SCHEDULE ( Submitted separately)

1. To add Item 6.2 – Tree Planting - 22 acres

PRE-BID SIGN IN SHEETS

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

A025026 Text Box Contractor shall carry and maintain Public Liability Insurance and Comprehensive Vehicle Liability with cover in an amount not less that $2,000,000 bodily injury and property damage for each occurence and not less than $2,000,00 aggregate listing the following as the additional insured:

Weyerhauser Company 14401 Seneca Trail North Lewisburg, WV 24901

CONSTRUCTION SPECIFICATIONS

BRUSHY MEADOW CREEK

HIGHWALL B

NICHOLAS COUNTY, WEST VIRGINIA

STATE OF WEST VIRGINIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

ABANDONED MINE LANDS AND RECLAMATION

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1/4................ No.

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October 2026

TABLE OF CONTENTS

SECTION PAGE

I. SPECIAL PROVISIONS

I. Location/Site Description

II. Scope of Work

III. Borrow (Disposal) Areas

IV. Disposal of Unsuitable Material

V. Permits, Licenses, and Fees

VI. Contractor Information Form (AVS)

VII. NPDES Stormwater Requirements

VIII. Construction Sign

II. TECHNICAL SPECIFICATIONS

1.0 Mobilization and Demobilization

2.0 Construction Layout

3.0 Quality Control

4.0 Site Preparation

5.0 Erosion and Sediment Control

6.0 Revegetation

7.0 Drainage Structures

8.0 Unclassified Excavation

9.0 Utilities

10.0 Test Boring Holes

Brushy Meadows Highwall B

I. SPECIAL PROVISIONS

I. LOCATION / SITE DESCRIPTION

The project proposes to correct environmental and safety issues in the project area which result from the abandoned mine lands at the project site. The site is located off WV state route 20, approximately 2.5 miles southeast of Leivasy, West Virginia. The site is approximately 49 acres, consists of steep slopes, brushy and forested areas, and flat areas in between steeply sloped areas.

From Charleston:

601 57th St. Se, Charleston WV 25304

Merge onto I-64 W/I-77 N from MacCorkle Ave SE

Follow I-64 E/I-77 S to WV-612 E in Fayette County. Take Exit 60 from I-64 E/177 S (34.6 Miles.

Follow WV-612 E to US-19N (8.4)

Turn left onto US-19N (31.7 miles)

Take WV-39 E Canvas Nettie Rd and WV-w0 S to Railroad Frade Rd in Leivasy (20 miles)

Continue onto Railroad Grade Rd. (2.5 mi)

Arrive at East end of project vicinity

See the following page for a county highway map of the project area.

The GPS location of the project is as follows: 38° 7' 42.96" N 80° 39' 24.84" W

Odell Tcr,en =rRun

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A Grassy Falls rAT.

Leivasy

Hominy Falls

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Figure 1: Nicholas County Highway Map of Brushy Meadows Highwall B Project Area

II. SCOPE OF WORK

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

Excavation, backfill, and grading of highwall to establish estimated original contours.

Proper disposal of materials, tires, trash, and metal on site.

Installation of erosion and sediment control practices including:

± Stabilized Construction Entrance ± Silt Fencing ± Level Spreaders

Installation of both grouted filter fabric and grass-lined drainage channels and drainage controls such as stone check dams as detailed in the engineering plans.

Installation of drainage structures such as underdrains, and level spreaders.

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

III. BORROW (DISPOSAL) AREAS

All borrow (disposal) areas must be approved by WVDEP. Should the Contractor decide to obtain and utilize any borrow areas outside of construction limits, or move material from one property owner to another, unless designated on the plans, that are one acre or greater, the Contractor shall be responsible for providing site specific information to the WVDEP for a modification of the existing NPDES permit. Offsite waste or borrow sites less than one acre in size that are not contiguous to the construction site, the Contractor must provide sediment and erosion controls and may be included with the NPDES modification application, however there is no requirement to do so unless otherwise required by the WVDEP.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

f. Maximum slope length shall be 50 vertical feet.

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

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

IV. DISPOSAL OF UNSUITABLE MATERIAL

All waste areas shall be obtained in accordance with Special Provisions Section III (Borrow/Disposal Areas) of these specifications. All unsuitable materials (wood, trash, debris, and garbage) as determined by the WVDEP shall be wasted by the Contractor, at his/her expense, outside the limits of work conforming to the requirements of Sections 4.3.8 of these Specifications. Wood may be burned in conformity with Sections 4.3.7 of these Specifications.

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

V. PERMITS, LICENSES AND FEES

WVDEP shall provide the following permits to the Contractor, if applicable, to the project:

WVDEP NPDES Permit, WVDOH MM-109 Permit, USACOE Permit, WVDEP Water Quality Certification, and Forest Service Permit.

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, if deemed necessary (i.e. burning permits from WVDNR and WVDEP Office of Air Quality, etc). A copy of the permit/permits as procured by WVDEP shall be furnished to the Contractor at the Pre-Construction Conference. Prior to initiation of the work under this Contract, Contractor shall provide to WVDEP any additional permits the Contractor deemed necessary. Contractor shall be responsible for any Stream Activity (WVDNR) permit necessary to complete the project work.

VI. CONTRACTOR INFORMATION FORM (AVS)

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

VII. NPDES STORMWATER REQUIREMENTS

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

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

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

The WVDEP DWWM will notify the Contractor and WVDEP-AML when the successful transfer of registration under WV/NPDES Storm Water Construction General Permit (No.WV0115924) is completed. A Notice to Proceed will not be issued until the contractor signs the co-applicant form and submits to the Office of Abandoned Mine Lands. Once the transfer has been completed, the WVDEP will continue to be responsible for any modification fees and annual renewal fees incurred up until the date of the final inspection of the project that occurs after completion of construction activities at the site. The Contractor shall be responsible for any and all costs associated with violations and fines assessed against the project that are a result of the Contractor's negligence, carelessness, or failure to install permanent controls as part of the work as scheduled.

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

dep Co-Applicant #1 Signature Page

Co-Applicant #1: ______________________________

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

Name: ________________________________________

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

TO THE TERMS AND CONDITIONS OF THE GENERAL PERMIT ISSUED ON JANUARY 10, 2019. I

UNDERSTAND THAT PROVISIONS OF THE PERMIT ARE ENFORCEABLE BY LAW, VIOLATION OF ANY TERM AND CONDITION OF THE GENERAL PERMIT AND/OR OTHER APPLICABLE LAW OR REGULATION CAN LEAD

TO ENFORCEMENT ACTION.

I CERTIFY UNDER PENALTY OF LAW THAT I HAVE PERSONALLY EXAMINED AND AM FAMILIAR WITH THE INFORMATION SUBMITTED ON THIS FORM AND ALL ATTACHMENTS AND THAT, BASED ON MY INQUIRING

OF THOSE INDIVIDUALS IMMEDIATELY RESPONSIBLE FOR OBTAINING THE INFORMATION. THE

INFORMATION SUBMITTED IS, TO THE BEST OF MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE, AND

COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE

INFORMATION, INCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT.

(CO-APPLICANT #1 SIGNATURE) DATE

Print Name: _______________________________

Print Title: ________________________________

Address: ___________________________________

City: _________________ State: Zip: _____

Telephone Number: (_)

Email: _____________________________________

FEIN: ________________________________________

VIII. CONSTRUCTION SIGN

1. Work Required.

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

2. Materials.

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

(b) Hardware:

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

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

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

3. Execution.

(a) Project Sign. The sign board shall be cut to the dimensions shown on the detail herein. The sign shall be painted with one (1) coat of primer and two

(2) coats of white enamel. All exterior cut edges shall be smooth sanded prior to painting. All edges shall be double primed. The letters, border and strips shall be painted as shown on the detailed drawing.

The Contractor shall bolt the sign to posts and provide required cross-bracing.

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

(b) Payment. Payment for the work which shall include installation of the project sign shall be part of the per each bid for "Mobilization".

II. TECHNICAL SPECIFICATIONS

1.0 MOBILIZATION AND DEMOBILIZATION

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 offices, 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 the Contractor's office to be established shall be approved by WVDEP. It also shall include all demobilization activities involving the removal from the sites of all plant, 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. This item shall also include the installation of the project sign at the beginning of the project and the removal of the sign prior to the Final Inspection.

All equipment and material storage areas shall be approved by WVDEP. The Contractor shall provide and maintain sanitary facilities on-site for the duration of the project.

Upon receipt of a notice to proceed, the Contractor shall initiate and complete measures necessary to commence the work. Mobilization shall also consist of delivering to the site and assembling in working order all necessary equipment, materials, and supplies to be furnished by the Contractor to complete the work.

Demobilization shall consist of the removal from the site of all the Contractor's equipment and materials after completion of the work and cleanup of the site. Work shall be done to the satisfaction of the WVDEP.

1.2 Method of Measurement and Basis of Payment

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

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

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

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

1.3 Pay Item

Item 1.0 "Mobilization and Demobilization" per lump sum cannot be more than 5% of the TOTAL AMOUNT BID for the project.

2.0 CONSTRUCTION LAYOUT

2.1 Description

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

Construction limits must be clearly flagged prior to any disturbance. Pre-construction cross sections must be provided (and approved) a minimum of one (1) week prior to the start of any "unclassified excavation". It shall further consist of determining the exact units of measure for payment. It also consists of checking and making any field adjustment to the plan alignment, grades and elevations as considered necessary by the WVDEP.

Additionally, this item shall also include the preparation of "As-Built" Plans including the Reclamation Plan and any others specifically requested by the WVDEP. All "As-Built" Plans shall be provided prior to the Final Inspection Meeting. This item will be paid according to the following schedule: up to fifty percent (50%) of the total bid amount of this item will be released for payment when all required layout work is completed. The remaining fifty percent (50%) will be paid on the final invoice once the As-Builts are submitted and approved.

2.2 Materials

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

2.3 Construction Methods

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.4 Method of Measurement and Basis of Payment

There shall be no measurement of the "Construction Layout" item as it is a lump sum. The lump sum payment also shall include the cost for providing the WVDEP pre- and post-construction ground line cross-sections for all disturbed or re-graded areas including borrow areas and "As-Built" Plans as described herein. Said lump sum bid cannot be more than 5% of the TOTAL AMOUNT BID for the project. Neither deduction nor increase will be made in the lump sum "Construction Layout" item amount regardless of decreases or increases in the final total contract amount or for any other cause. This item will be paid according to the following schedule: up to fifty percent of the total bid amount of this item will be released for payment when all required layout work is completed. The remaining fifty percent will be paid on the final invoice once the As- Builts are submitted and approved.

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Item 2.0, "Construction Layout", per lump sum cannot be more than 5% of the TOTAL AMOUNT BID for the project.

3.0 QUALITY CONTROL

3.1 Description

This work shall consist of testing for verification that the materials supplied and the work performed are in accordance with these specifications.

3.2 Materials

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

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

3.3 Construction Methods

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

The Contractor shall furnish a certified technician to perform the required testing at the project site. The technician shall submit a copy of his certification and a copy of that certification shall be submitted to WVDEP at the Pre-Construction Conference.

The technician shall be responsible for chain of custody of any samples that must leave the site.

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

3.3.3 The Contractor shall be responsible for performing laboratory tests of the coal, mine spoil, and any natural soil to identify the compaction requirements for their use as fill and cover material, respectively. In addition, field density tests shall be performed in accordance with the Construction Specifications. All test results shall be submitted to the WVDEP for approval of compaction criteria prior to compacting the fill material and after fill material is placed to verify that the required compaction is obtained.

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

3.4 Method of Measurement and Basis of Payment

There shall be no measurement of the "Quality Control" item as it is a lump sum. The quantity of quality control work done will be paid at the contract lump sum price bid for this item.

Said lump sum bid cannot be more than 3% of the TOTAL AMOUNT BID for the project.

Nothing herein shall be construed to limit or preclude partial payments on this item up to 100% of the bid amount. No deduction or increase shall be made in the lump sum "Quality Control" item amount regardless of decreases or increases in the final total contract amount or for any other cause.

3.5 Pay Item

Item 3.0, "Quality Control", per lump sum cannot be more than 3% of the TOTAL AMOUNT BID for the project.

4.0 SITE PREPARATION

4.1 Description

4.1.1 Clearing & Grubbing

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

4.2 Materials

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

4.2.2 Stone to be placed for "Access Road Rehabilitation" shall conform to the requirements for #4 stone and 1 1/2 inch crusher run stone as detailed. A WVDEP approved stone aggregate from table 703.4 of the WVDOH Standard Specifications Roads and Bridges or alternate crusher run stone sizes can be used in place of the crusher run stone as conditions warrant and at the same per ton bid cost.

4.3 Construction Methods

4.3.1 The specific areas to be cleared and grubbed are generally described as, but not limited to, those specific areas of excavation, backfill, soil borrow or drainage structure installation.

4.3.2 The Contractor shall clear the site within the limits of the areas to be regraded. The WVDEP shall exercise control over clearing and shall designate all trees, plants and other objects to be removed or to remain.

4.3.3 Clearing and grubbing shall be completed prior to initiation of earthwork operations only to the extent necessary to complete the work. The Contractor shall confine his operations strictly to required areas. If he clears and grubs beyond the required areas, whether knowingly or accidentally, he shall, at his expense, replant and otherwise restore all areas outside the limit lines to a condition equal to that existing prior to start of work.

4.3.4 All timber eight (8) inches in diameter and larger at stump height shall be saw cut prior to grubbing operations. Timber shall be topped with the branches removed and stacked and stockpiled in an appropriate manner in an accessible location approved by the WVDEP on the property from which it was cut. All merchant-able timber shall be bunched to a location Weyerhaeuser contractors can process and haul it.

Timber to be stockpiled shall not be pushed down by equipment prior to being cut nor can it be indiscriminately shoved into a stockpile.

4.3.5 All stumps, roots, buried logs and brush shall be removed. Grass, however, may be incorporated into the resoiling material. Taproots and other projections over 11/2 inches in diameter shall be grubbed out to a depth of at least ten (10) inches below the planned subgrade or slope elevation. All holes remaining after the grubbing operation shall have the sides broken down to flatten out the slopes, and shall be filled with suitable materials, moistened and properly compacted.

4.3.6 Cleared and grubbed areas shall be worked such that positive drainage is provided to prevent ponding of water except for the purpose of sediment control sumps as approved by the WVDEP.

4.3.7 All organic material shall be burned completely to ash or otherwise removed from the site and disposed of in a manner approved by the WVDEP. Burning of the combustible material will not be permitted on or near refuse, mine portals or within close proximity to coal seams, residence, structures or utilities. The Contractor shall obtain all permits and licenses required prior to burning the material. A plan showing the location of material to be burned and all fire control measures to be implemented, including copies of permits and licenses, shall be submitted to the WVDEP's representative at the site for approval. If a permit cannot be obtained because of the conditions stated above the tree top and stumps can be chipped or disposed of offsite to an approved location.

4.3.8 All other materials generated from required clearing and grubbing operations shall be removed and disposed of by the Contractor. All garbage, construction debris, mining debris, etc., shall be disposed of in approved waste areas or landfills (disposal tickets must be furnished to WVDEP). It shall be the responsibility of the Contractor to obtain, at no expense to the WVDEP, all necessary waste and borrow areas or landfills for the disposal of waste materials in accordance with any applicable local, state, and/or federal regulations including compliance with NEPA requirements (See Section III for NEPA Compliance Schedule). All waste and borrow areas must be approved by the WVDEP and the Contractor must provide a reclamation plan for approval. In addition, for all waste and borrow areas outside the construction limits, the Contractor must obtain from the property owner a right-of-entry agreement in which the property owner indemnifies and holds the WVDEP harmless from any injury or damages whatsoever resulting from the use of the property.

4.3.9 It shall be the sole responsibility of the Contractor to correctly locate and avoid all underground, on-ground, and overhead utilities, facilities and other structures and constructions, and for that purpose, shall employ all necessary precautions and methods to insure avoidance of and damage to such constructions. In the event damage does occur, the Contractor shall notify the affected Owner and the WVDEP immediately and make or have made all necessary repairs and bear the expense thereof and resulting damage caused thereby.

4.3.10 Should offsite disposal or borrow be necessary, the Contractor shall observe the NEPA Compliance Schedule as per Section III of the Special Provisions.

4.3.11 Existing site access roads shall provide safe, all-weather access to the site. These existing roads, including stoned and paved roads, shall be maintained during construction and left in a better than or equal to condition. The Contractor is responsible for locating and avoiding all underground and overhead utilities and constructions during access road grading and maintenance.

4.3.12 Any existing property markers disturbed or removed during construction activities shall be replaced accurately and to an "as good as" or "better than" condition and as approved by the WVDEP. This work will be paid under Section 2.0 Construction Layout of these Specifications.

4.4 Method of Measurement and Basis of Payment

4.4.1 The "Site Preparation" item shall be paid per lump sum price. The amount shall not exceed 5% of the TOTAL AMOUNT BID for each bid. Payment shall be for all materials, labor, equipment, and incidentals necessary to complete the work. This includes all clearing grubbing and demolition required on the project site. Regrading the impounded areas to provide positive drainage to riprap "vee" channel road crossings shall be included in the "Site Preparation" bid item.

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

4.5 Pay Items

Item 4.1, "Site Preparation", per lump sum. Cannot be more than 5% of the "Total Amount Bid" for the project.

5.0 EROSION & SEDIMENT CONTROL

5.1 Description

This item shall consist of furnishing all materials, equipment, labor and incidentals necessary for the installation of Sediment Control Barrier (e.g. woven belted silt fence) structures, and Stabilized Construction Entrances as designated in the Drawings. Sediment control shall be placed on regraded out slope areas concurrent with construction and prior to revegetation.

Additional quantities may be added at the discretion of the WVDEP.

The CONTRACTOR shall be given a NPDES Permit with an approved erosion and sediment control plan at the pre-construction meeting. This plan shall include measures to be utilized for temporary and permanent sediment and erosion control. This plan shall also include the measures as outlined herein. The NPDES approved plan does not relieve the CONTRACTOR of his/her responsibility to be in compliance with any and all permits. All costs associated with meeting the federal and/or state regulations shall be the sole responsibility of the Contractor.

Erosion and Sediment controls shall be installed in accordance with the approved NPDES permit and as shown on the plans and as approved by WVDEP as soon as possible in the construction sequence. These controls shall be properly maintained throughout the duration of the contract. No invoices or payments for any items within this contract will be processed without all required Erosion and Sediment controls properly installed and maintained in good working order. Compliance of the Erosion and Sediment controls shall be determined by WVDEP AML personnel.

The following are the minimum requirements of the NPDES Permit and/or the NPDES BMP Manual.

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 fourteen 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 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 14 days from when activities ceased, (e.g., the total time period that construction activity is temporarily halted is less than 14 days) then stabilization measures 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.

EROSION & SEDIMENT CONTROL CONSTRUCTION SEQUENCE

Install stabilized construction entrance as shown on site plans.

Install perimeter sediment control devices as shown on site plans and as approved by WVDEP.

Clear and grub site, with sequencing to limit excessive erosion.

Separate and stockpile topsoil.

Provide sediment control for any topsoil stockpiles.

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

Install additional erosion and sediment controls as shown on site plans and as approved by WVDEP.

Fine grade site.

Permanently seed and mulch all disturbed areas within 7 days of reaching final grade.

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

5.2 Materials

5.