Maxie Circle Drainage Tree Cutting_SPECS.pdf

SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS

FOR

MAXIE CIRCLE DRAINAGE TREE CUTTING PROJECT

BUCHANAN COUNTY, VIRGINIA

PREPARED BY:

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF ENERGY

MINED LAND REPURPOSING

ABANDONED MINE LAND SECTION

February 21, 2025

Table of Contents

SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS

1. MOBILIZATION

2. TREE CUTTING

3. CLEAN UP AND REPAIR OF DAMAGE

4. SAFETY PRECAUTIONS

5. FUGITIVE DUST CONTROL

SPECIAL CONDITIONS

Section 1.

All of the following parts considered as a whole shall comprise the complete specifications. They are complementary and anything called for by one and not the others shall be considered binding as though called for by all.

1.1 Bid Package (General Clauses, General Conditions, Notice and Instructions to Bidders, etc.).

1.2 Special Conditions (Pages 3 - 8) and Construction Specifications (Pages 9 – 13)

1.3 Construction Drawings (Sheet 1)

Section 2. DEFINITIONS

2.1 The word “Agency” shall mean the Commonwealth of Virginia, Department of Energy, Mined Land

Repurposing.

2.2 Where the word “Contract” is used, it shall be understood to refer either to a purchase order placed by the Agency and accepted by the Contractor together with this specification and all other documents referred to in such purchase order; or to a formal contract executed by the Agency and the Contractor, together with this specification and other documents referred to in such formal contract.

2.3 The word “Contractor” means the person, firm, or corporation named as such in the contract and includes the plural number and the feminine gender when such are named in the contract as the

Contractor.

2.4 The word “Subcontractor” means only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design but does not include one who merely furnishes material not so worked.

2.5 Where the word “Work” is used, it shall be understood to mean and include any and all labor, supervision, services, materials, machinery, equipment, tools, supplies and facilities called for by, and to complete, the Contract.

2.6 “Project Inspector” means a representative of the Agency and includes one who inspects the work and assesses compliance with the plans and specifications.

Section 3. SCOPE OF WORK

3.1 The work to be performed under the terms of this Specification consists of cutting down all trees within clearing limits on the site known as MAXIE CIRCLE DRAINAGE TREE CUTTING PROJECT in

BUCHANAN COUNTY, Virginia, for the Commonwealth of Virginia.

3.2 The intent of this Specification is to prescribe the complete work to be performed. The specification is written to permit and direct the work to be conducted by the selected Contractor. If there are any contradictions between the Specifications and Drawings, the Contractor shall bring these facts to the attention of the Agency and obtain the Agency’s decision as to the true meaning and intention.

3.2.1 The Contractor remains responsible for timely identifying any conflicts as may be found to the attention of the Agency.

3.2.2 In the absence of a formal written response from the Agency, or in the event the Contractor fails to bring such to the attention of the agency, the Contractor is responsible to ensure compliance with the most stringent requirement.

Section 4. TIME SCHEDULE

4.1 The Work shall be executed with sufficient personnel, equipment and material to complete the work in a period of 15 calendar days.

Section 5. WORK BY CONTRACTOR

The Contractor shall:

5.1 Furnish all supervision, labor, materials, tools and equipment necessary to perform all work. The work shall consist principally of the following:

5.1.1 Cut down all trees within the clearing limits as shown on the drawing.

5.1.2 All tree cutting shall be finished by March 31, 2025.

5.1.3 All trees shall be left within the project limits.

5.2 Be responsible for receiving, unloading, storing, protecting and handling all materials and equipment furnished by the Contractor or the Agency for the execution of all work under this Specification.

5.3 Be responsible for demurrage or claims incurred because of negligence in expediting the unloading of materials or equipment.

5.4 Replace any defective material furnished by the Contractor or any defective work performed by the

Contractor’s forces at the Contractor’s own expense.

5.5 Furnish to the Agency for approval before start of work, a Schedule of Work and procedure for construction of the work covered by the contract.

5.6 Be responsible for scheduling, expediting, directing, inspecting and coordinating the work so as to complete the work in the time agreed upon. The Contractor shall immediately notify the Agency of any impending problems, which could delay the completion of the work.

5.7 Before starting the work, contact the Agency for proper clearance and be governed by the Agency’s instructions.

5.8 Be responsible for locating, relocating and protecting from damage existing underground and overhead utilities when such utilities are clearly visible. Be responsible for verifying the location of all utilities, pipes, etc. before initiating the work.

5.9 Confine all workers to the construction area.

5.10 Provide drinking water and containers.

5.11 Provide watchmen, safety barricades, lights, signs and other items necessary for layout and installation of the work.

5.12 Furnish all labor, stakes, templates and tools and perform all field surveying and engineering to establish construction quantities and the lines and grades necessary for layout and installation of the work.

5.13 Be completely familiar with the location and accessibility of various construction and storage sites to determine the best material and equipment handling methods for the orderly completion of the work.

5.14 Have on the work site during construction a competent superintendent, duly authorized to represent and act for the Contractor in all matters pertaining to the work covered by this Specification.

5.15 Not perform any additional or temporary work for the Agency’s account unless on specified written orders, signed by the Agency’s authorized representative and Contractor and only in the amounts of the various types of work specified in said orders.

5.16 Work in close cooperation with the Agency and others engaged in the project so that the work will be completed with dispatch and in an orderly manner.

5.17 Continuously maintain adequate weather and fire protection of the Contractor’s work from damage and shall protect property from damage or loss arising in connection with this contract. The Contractor shall make good any such damage or loss.

5.18 Comply with the provisions of the “Occupational Safety and Health Act of 1970, Public Law 91-596”, 29 CFR and 30 CFR; and the Safety Codes Commission of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia (1950), as amended. The

Contractor shall be held liable to the Agency for any health and/or safety infractions, on the Contractor’s part, which cause the Agency or surface owner to receive a citation and/or fine from any local, state or federal agency. Actual costs involved will require satisfaction, by the Contractor, to the Agency or surface owner.

5.19 Maintain the site of work in an orderly manner. The Contractor shall provide personnel and supervision to continuously clean up the construction area under this jurisdiction. Should the Contractor refuse or fail to clean up or remove debris when requested by the Agency, it is understood that the Agency may employ others to do this work, and without further authority withhold the cost thereof from any payment due the Contractor.

5.20 Dispose of all debris and waste resulting from work at a disposal site approved by the Agency. The

Contractor shall comply with all Department of Environmental Quality requirements concerning the use, handling, and disposal of petroleum products, working in or near streams and wetlands, burning or releasing emissions into the air, and disposal of solid waste and hazardous or toxic waste. The

Contractor shall not put or spill any materials into any drainage system that would pollute area streams or waterways. The Contractor shall be liable for any pollution caused directly or indirectly by the

Contractor’s employees or those of any subcontractors.

5.21 Furnish all special apparatus, welding machines, air compressors, hoisting equipment, tools, implements, cartage, scaffolding, ladders, planks, acetylene gas, oxygen gas, expendable materials, temporary light and heat, construction materials, shims, and all other materials that may be required for the proper completion of the work.

5.22 Furnish electrical power, gas, compressed air, and any other utilities required for use during construction. The Contractor shall remove all temporary wiring, switches, lights, piping, and connections to service facilities used during construction. Such connections shall not be made without approval of the Agency.

5.23 Provide temporary supports as may be required during construction including those necessary to ensure the stability of the proposed excavation or working under mine roofs.

5.24 Not be permitted to drive any crawler type equipment or rollers on any paved roads except on rubber tire floats or similar vehicles. The Contractor shall protect pavement when it is necessary to move such type equipment across any paved roadway.

5.25 Not be permitted to keep within buildings or structures any stock of gasoline, kerosene, diesel fuel or similar flammable material. Any such flammables shall be stored in areas arranged by the Contractor, in a manner approved by the Agency and in compliance with the Department of Environmental Quality’s

AST Regulations.

5.26 Be responsible for shoring as required to prevent damage to any adjacent structures, utilities or property.

5.27 Repair to the satisfaction of the Agency, at the Contractor’s own expense, any damage to adjacent structures, utilities or property.

5.28 Allow and provide the Agency access to the work for inspection whenever it is in preparation or progress and provide proper facilities for such access and inspection.

5.29 The drawings and specifications illustrate the general character and scope of the work. Any additional detail and other information deemed necessary by the Agency will be furnished to the Contractor when and as required by the work.

5.30 Where the word “similar” appears on the drawings, it shall be interpreted in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection with other parts of the work.

5.31 The specifications are divided into several parts for convenience only, since the entire specifications must be considered as a whole. The divisions of the specifications are not intended to control the

Contractor in dividing the work among subcontractors or to limit the work performed by any trade. The

Contractor shall be responsible for the coordination of the trades, subcontractors, and venders engaged upon this work.

5.32 The Contractor shall verify measurements or dimensions shown on the drawings at the site. Where there are discrepancies, the Agency shall be consulted.

5.33 The Contractor shall maintain at the site one copy of all drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction.

5.34 Before performing any excavation, contact Miss Utility, (800) 810-7197, to confirm the location of any below ground utility lines in the work area. The affected utility companies will mark the location of the underground lines within 48 hours after being notified. If the work is to continue more than 15 days, they will return to remark the utility lines as requested. Further details about the Miss Utility program and its requirements are available at the website www.missutilityofvirginia.com.

5.35 The Contractor shall comply with all regulations governing storm water discharges from construction activities. The contractor shall implement an erosion and sediment control plan throughout the duration of construction activities.

5.36 The Contractor shall certify that all materials meet the requirements of these specifications and governing authorities.

5.37 The Contractor shall comply with permits issued by the Army Corps of Engineers and any other permits required to complete construction for this project.

Section 6. WORK BY AGENCY

The Agency will:

6.1 Furnish the site in an “as is” condition.

6.2 Provide limited area, not necessarily adjacent to the site, for storage purposes and for the Contractor’s offices, change houses, sanitary stations, and tool and storage sheds. The Contractor shall make and maintain access to the facilities.

6.3 Furnish all design and detail drawings necessary to complete the specified work. One set of Plans and

Specifications will be sold to interested bidders. Additional sets of Plans and Specifications will be issued to the selected Contractor as needed.

6.4 Designate in the field the manner in which the work is to be performed, as conditions warrant, if not detailed in the Specifications or shown on the Drawings.

6.5 Inspect the work during its progress. No work will be considered completed until approved by the

Agency.

6.6 Obtain right of entry.

TECHNICAL SPECIFICATIONS

FOR

1. MOBILIZATION

1.A SCOPE

This item shall consist of the mobilization and demobilization of the Contractor’s forces and equipment necessary for performing the work required to complete the Contract.

1.B PROCEDURE

1.B.i It shall include the purchase of contract bonds (if applicable), eVA fees, insurance, transportation of personnel, equipment and operating supplies to the site, and other preparatory work at the site.

It shall also include making necessary repairs to any access roads.

1.B.ii It shall not include mobilization for any specific item of work for which payment for mobilization is provided elsewhere in the Contract.

1.B.iii This item covers mobilization for work required by the Contract at the time of award. If additional mobilization costs are incurred during performance of the contract as a result of changed or added items of work for which the Contractor is entitled to an adjustment in contract price, compensation for such costs will be included in the price adjustment for the items of work changed or added.

1.C MEASUREMENT AND PAYMENT

1.C.i Measurement: Measurement for MOBILIZATION shall be Lump Sum for the job as shown in the project Scope of Work.

1.C.ii Payment: Total payment for MOBILIZATION shall not exceed 10% of the Base Bid amount.

Exceeding this limit may be basis for rejection of the bid as non-responsive. The Base Bid amount shall be the total of all sub-items on the Bid Schedule, less the amount for Mobilization.

Payment for MOBILIZATION shall be the Lump Sum amount listed on the Bid Schedule and shall constitute full compensation for all labor, equipment, materials and incidentals necessary to complete the work.

Payment for MOBILIZATION shall be made on the basis of 50% of the Lump Sum amount on the first invoice submitted and the remaining 50% on the final invoice.

2. TREE CUTTING

2.A SCOPE

This item shall include cutting of all trees within the project as shown in the Drawing. It shall include the cutting of all trees along proposed access roads, landslide area, disposal area, and other areas within the clearing limits as shown on the Drawing and verified by the Project Inspector. Due to a time of year restriction (TOYR), all trees 3” DBH must be cut by March 31, 2025. All trees shall be cut and left within the project limits.

2.B PROCEDURE

2.B.i Project Limits: The limits of the areas to be worked shall be marked by stakes, flags, and/or other suitable methods as verified by the Project Inspector. Tree cutting shall be strictly limited to the areas shown on the drawings and as modified by the Inspector. The contractor shall ensure that downed trees do not impede or restrict the natural drainage pattern in any way within the project area. Any trees that fall within the hollow ditch shall be removed to allow appropriate drainage.

2.C MEASUREMENT AND PAYMENT

2.C.i Measurement: Measurement for TREE CUTTING shall be in units of Acres for all work accepted and approved by the Agency.

2.C.II Payment: TREE CUTTING shall be based upon the Unit Price amount on the Bid Schedule.

Payment as specified shall be full compensation for all labor, materials, equipment and incidentals necessary to complete the work.

3. CLEAN UP AND REPAIR OF DAMAGE

3.A SCOPE

This item shall consist of cleaning up the site prior to demobilization, repairing damage and guarantee of workmanship.

3.B CLEANING UP

After all construction work is complete, prior to final payment, all exposed areas shall be cleaned and left in an acceptable condition. All unused material shall be removed from the site or otherwise disposed of as directed by the Agency. Any bare areas shall be seeded and treated in accordance with the applicable specification.

3.C REPAIRING DAMAGE

Any damage done to structures, fill, or other areas shall be repaired at the Contractors expense before final payment is made. In the event such damage occurs as a result of instructions from the Agency, payment will be made at the price agreed to by the Contractor and Agency.

Contractor should locate any buried power line, buried water line, buried drainpipe and buried septic lines located in the work area and exercise care in and around these lines. Replacement of any destroyed, functioning power, water or septic line shall be at the contractor’s expense.

3.D GUARANTEE

The Contractor shall assume responsibility for all workmanship and materials for a period of time as described in the General Conditions.

3.E MEASUREMENT AND PAYMENT

No separate measurement and payment will be made for CLEANUP AND REPAIR OF DAMAGE. This work shall be considered incidental to Mobilization.

4. SAFETY PRECAUTIONS

4.A SCOPE

This item consists of the procedures and protocol to be followed to ensure the safety of the public and workers in or around the construction site.

4.B PROCEDURE

It shall be the Contractors’ responsibility to provide protective clothing and equipment, emergency breathing apparatus, medical supplies and instrumentation for monitoring potentially unhealthy working conditions encountered during construction.

The Contractor shall train all equipment operators, laborers and other personnel of the hazardous or unhealthy conditions which may be encountered during the work, and possible courses of action to be implemented to avoid an accident as required by applicable OSHA and MSHA regulations.

The Contractor shall examine all areas within and adjacent to the project sites for unstable rock, debris, and any other hazards to safety.

In the event of an injury or fatality (from the project’s activities), proper notification shall be immediately made to MLR and, as applicable, to the appropriate office of the Virginia Department of Labor and

Industry – Occupational Safety and Health Compliance (OSHA), the Mine Safety and Health

Administration (MSHA), and/or the State Fire Marshall.

HAZARDOUS AND TOXIC MATERIALS

If hazardous or toxic materials (i.e. PCB’s, Asbestos Containing Material (ACM), lead-acid batteries, etc.)

are encountered during the work, the Contractor shall immediately notify the Agency. The Department of Environmental Quality guidelines for handling and cleaning up the site shall be followed.

4.C MEASUREMENT AND PAYMENT

There will be no separate payment for this item. If necessary, in the event that the required action will not be incidental to existing pay items, appropriate change orders shall be executed.

5. FUGITIVE DUST CONTROL

5.A SCOPE

This item shall address the requirements of the Virginia Department of Environmental Quality, Air

Division that pertain to fugitive dust control.

5.B PROCEDURE

The Contractor shall comply with all provisions and requirements of Regulations 120-04-0101 through

120-04-0107 for fugitive dust.

The Contractor shall water the roads as necessary to control fugitive dust. Watering the roads can be reduced by surfacing the roads with durable stone, reducing the speed of vehicles and equipment and application of commercial dust palliatives; but use of any method shall not relieve the Contractor of the responsibility to adequately control dust.

Brush and small trees cleared as a part of site preparation may be windrowed as described in Site

Preparation or hauled to an approved disposal site.

5.C MEASUREMENT AND PAYMENT

No payment shall be made for FUGITIVE DUST CONTROL. Compliance with this section shall be considered incidental to the work.