SOLICITATION DOCUMENTS FILE 1_ARFQ_0313_DEP2700000001_1_AML Mcalpin (Lambert) Landslide.pdf

Date Printed: Jul 21, 2026 Page:1 FORM ID: WV-PRC-ARFQ-002 2020/05

State of West Virginia Agency Request for Quote

Construction

Proc Folder: 2005994 Reason for Modification:

Doc Description: AML - Mcalpin (Lambert) Landslide

Proc Type: Agency Purchase Order

Date Issued Solicitation Closes Solicitation No Version

ARFQ 0313 DEP2700000001 1

BID RECEIVING LOCATION

ALL BIDS MUST BE SUBMITTED ELECTRONICALLY

wvOASIS Vendor Self Service (VSS)

Register and bid online at:

www.wvOASIS.gov WV 00000

US

VENDOR

Vendor Customer Code:

Vendor Name :

Address :

Street :

City :

State : Country : Zip :

Principal Contact :

Vendor Contact Phone: Extension:

FOR INFORMATION CONTACT THE BUYER

Larry T Workman

(304) 414-1242 larry.t.workman@wv.gov

Vendor Signature X FEIN# DATE All offers subject to all terms and conditions contained in this solicitation

Date Printed: Jul 21, 2026 Page:2 FORM ID: WV-PRC-ARFQ-002 2020/05

ADDITIONAL INFORMATION

THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION IS SOLICITING BIDS TO ESTABLISH A CONTRACT FOR THE AML - MCALPIN (LAMBERT) LANDSLIDE RECLAMATION PROJECT LOCATED IN HARRISON COUNTY, WV PER

THE ATTACHED SPECIFICATIONS AND DOCUMENTATION.

***MANDATORY PRE-BID LOCATION CAN BE FOUND IN THE INSTRUCTIONS TO VENDORS.***

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

1000 TECHNOLOGY DRIVE JOBSITE - SEE

SPECIFICATIONS

FAIRMONT WV No City WV

US US

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 1 Mobilization and Demobilization (Cannot

Exceed 10% of Total

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 1.0- Mobilization and Demobilization per lump sum (Cannot Exceed 10% of Total Bid Amount)

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 2 Construction Layout (Cannot Exceed 5% of

Total Bid Amt)

Extended Description:

Item 2.0 - Construction Layout per lump sum (Cannot Exceed 5% of Total Bid Amt)

Date Printed: Jul 21, 2026 Page:3 FORM ID: WV-PRC-ARFQ-002 2020/05

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 3 Quality Control (Cannot Exceed 3% of Total

Bid Amount)

Extended Description:

Item 3.0 - Quality Control per lump sum (Cannot Exceed 3% of Total Bid Amount)

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 4 Site Preparation (Cannot Exceed 10% of Total

Bid Amount)

Item 4.1 - Site Preparation per lump sum (Cannot Exceed 10% of Total Bid Amount)

Date Printed: Jul 21, 2026 Page:4 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 5 Access Road Stone 1500.00000 TON

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 4.2 - Access Road Stone, per ton

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 6 Gravel Drive Rehabilitation Stone 950.00000 TON

Comm Code Manufacturer Specification Model # 77111603

Item 4.3 - Gravel Drive Rehabilitation Stone, per ton

Date Printed: Jul 21, 2026 Page:5 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 7 Stabilization Stone 400.00000 TON

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 4.4 - Stabilization Stone, per ton

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 8 Separation Fabric 4900.00000 SY

Comm Code Manufacturer Specification Model # 77111603

Item 4.5 - Separation Fabric, per square yard

Date Printed: Jul 21, 2026 Page:6 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 9 Stabilization Fabric 500.00000 SY

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 4.6 - Stabilization Fabric per square yard

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 10 Concrete Paving 170.00000 CY

Comm Code Manufacturer Specification Model # 77111603

Item 4.7- Concrete Paving per cubic yard

Date Printed: Jul 21, 2026 Page:7 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 11 Bituminous Pavement 135.00000 SY

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 4.8 - Bituminous Pavement per square yard

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 12 Super Silt Fence 3200.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Item 5.1 - Super Silt Fence per linear foot

Date Printed: Jul 21, 2026 Page:8 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 13 Rolled Erosion Control Product 6800.00000 SY

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 5.2 - Rolled Erosion Control Product per square yard

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 14 Stabilized Construction Entrance 2.00000 EA

Comm Code Manufacturer Specification Model # 77111603

Item 5.3 - Stabilized Construction Entrance per each

Date Printed: Jul 21, 2026 Page:9 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 15 Rock Check Dam 25.00000 EA

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 5.4 - Rock Check Dam per each

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 16 Revegetation (Per Plan View Acre) 11.00000 ACRE

Comm Code Manufacturer Specification Model # 77111603

Item 6.0 - Revegetation (Per Plan View Acre)

Date Printed: Jul 21, 2026 Page:10 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 17 15-Inch HDPE Pipe Culvert 50.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 7.1 - 15-Inch HDPE Pipe Culvert per linear foot

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 18 18-Inch HDPE Pipe Culvert 200.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Item 7.2 - 18-Inch HDPE Pipe Culvert per linear foot

Date Printed: Jul 21, 2026 Page:11 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 19 36-Inch HDPE Pipe Culvert 50.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 7.3 - 36-Inch HDPE Pipe Culvert per linear foot

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 20 Removal of Existing Texas Road Crossing 2.00000 EA

Comm Code Manufacturer Specification Model # 77111603

Item 7.4 - Removal of Existing Texas Road Crossing per each

Date Printed: Jul 21, 2026 Page:12 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 21 Underdrain 350.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 7.5 - Underdrain per linear foot

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 22 Cleanout 2.00000 EA

Comm Code Manufacturer Specification Model # 77111603

Item 7.6 - Cleanout per each

Date Printed: Jul 21, 2026 Page:13 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 23 1.0-Foot Vegetated 'VEE' Channel 1100.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 7.7 - 1.0-Foot Vegetated 'VEE' Channel per linear foot

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 24 1.5-Foot Vegetated 'VEE' Channel 385.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Item 7.8 - 1.5-Foot Vegetated 'VEE' Channel per linear foot

Date Printed: Jul 21, 2026 Page:14 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 25 1.0.-Foot Riprap 'VEE' Channel 1150.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 7.9 - 1.0-Foot Riprap 'VEE' Channel per linear foot

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 26 1.5-Foot Riprap 'VEE' Channel 530.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Item 7.10 -1.5 -Foot Riprap 'VEE' Channel per linear foot

Date Printed: Jul 21, 2026 Page:15 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 27 Type B Inlet with Splash Pad 4.00000 VF

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 7.11 - Type B Inlet with Splash Pad per vertical foot

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 28 Unclassified Excavation 25300.00000 CY

Comm Code Manufacturer Specification Model # 77111603

Item 8.1 - Unclassified Excavation per cubic yard

Date Printed: Jul 21, 2026 Page:16 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 29 Soil Cover 11.00000 ACRE

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 8.2 - Soil Cover per plan view acre

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 30 Mine Dewatering

Comm Code Manufacturer Specification Model # 77111603

Item 9.1 - Mine Dewatering per lump sum

Date Printed: Jul 21, 2026 Page:17 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 31 Soda Ash Briquettes (50 lb. bag) 500.00000 EA

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 9.2 - Soda Ash Briquettes (50 lb. bag) per each

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 32 Floc Logs 30.00000 EA

Comm Code Manufacturer Specification Model # 77111603

Item 9.3 - Floc Logs per each

Date Printed: Jul 21, 2026 Page:18 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 33 1,000 Gallon Polyethylene Tank 1.00000 EA

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 9.4 - 1,000 Gallon Polyethylene Tank Norwesco Tank by National Tank Outlet, or approved equal, per each.

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 34 12-inch Diameter PVC Cased Dewatering

Borehole

450.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Item 9.5 - 12-inch Diameter PVC Cased Dewatering Borehole per linear foot

Date Printed: Jul 21, 2026 Page:19 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 35 Landfill Tipping Fee 30.00000 TON

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 9.6 - Landfill Tipping Fee per ton

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 36 Piezometer/Dewatering Borehole

Abandonment

7.00000 EA

Comm Code Manufacturer Specification Model # 77111603

Item 9.7 - Piezometer/Dewatering Borehole Abandonment per each

Date Printed: Jul 21, 2026 Page:20 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 37 Pilot Hole 1132.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item 18.1 - Pilot Hole per linear foot

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 38 16-Inch ID Steel Casing 1132.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Item 18.3 - 16-Inch ID Steel Casing per linear foot

Date Printed: Jul 21, 2026 Page:21 FORM ID: WV-PRC-ARFQ-002 2020/05

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 39 12-Inch SCH 80 PVC Conveyance Pipe 1132.00000 LF

Comm Code Manufacturer Specification Model # 77111603

Extended Description:

Item18.4 - 12-Inch SCH 80 PVC Conveyance Pipe per linear foot

INVOICE TO SHIP TO

ENVIRONMENTAL

PROTECTION

STATE OF WEST VIRGINIA

Line Comm Ln Desc Qty Unit Issue Unit Price Total Price 40 Administration Cost (Cannot Exceed 3% of

Total Bid Amount)

Extended Description:

Item 19.0 - Administration Cost (Cannot Exceed 3% of Total Bid Amount) per lump sum

SCHEDULE OF EVENTS

Line Event Event Date

Revised 9-12-2022

INSTRUCTIONS TO VENDORS SUBMITTING BIDS

AGENCY TERMS AND CONDITIONS

FOR CONSTRUCTION/RECLAMATION CONTRACTS

1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety. These instructions provide critical information about requirements that if overlooked could lead to disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disqualification of Vendor’s bid.

All questions regarding this solicitation should be directed to DEPProcurement@wv.gov or DEP Procurement – (304) 926-0480. Please include solicitation number in the email subject line.

2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified by the use of the words “must,” “will,” and “shall.” Failure to comply with a mandatory term in the Solicitation will result in bid disqualification.

3. PREBID MEETING: The item identified below shall apply to this Solicitation.

A pre-bid meeting will not be held prior to bid opening

A MANDATORY PRE-BID meeting will be held at the following place and time: ì

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MANDATORY PRE-BID MEETING WILL BE HELD ON AUG 5, 2026 AT 2:00PM

All vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the mandatory pre-bid meeting shall result in disqualification of the Vendor’s bid. No one individual is permitted to represent more than one vendor at the pre-bid meeting. Any individual that does attempt to represent two or more vendors will be required to select one vendor to which the individual’s attendance will be attributed. The vendors not selected will be deemed to have not attended the pre-bid meeting unless another individual attended on their behalf.

An attendance sheet provided at the pre-bid meeting shall serve as the official document verifying attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list on the attendance sheet his or her name and the name of the Vendor he or she is representing.

Additionally, the person attending the pre-bid meeting should include the Vendor’s E-Mail address, phone number, and Fax number on the attendance sheet. It is the Vendor’s responsibility to locate the attendance sheet and provide the required information. Failure to complete the attendance sheet as required may result in disqualification of Vendor’s bid.

All Vendors should arrive prior to the starting time for the pre-bid. Vendors who arrive after the starting time but prior to the end of the pre-bid will be permitted to sign in but are charged with knowing all matters discussed at the pre-bid.

Questions submitted at least five (5) business days prior to a scheduled pre-bid will be discussed at the pre-bid meeting if possible. Any discussions or answers to questions at the pre-bid meeting are preliminary in nature and are non-binding. Official and binding answers to questions will be published in a written addendum to the Solicitation prior to bid opening.

4. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this Solicitation to the Department. Questions must be submitted in writing. All questions must be submitted on or before the date listed in the solicitation and to the email address DEPProcurement@wv.gov to be considered.

A written response will be published in a Solicitation addendum if a response is possible and appropriate. Non-written discussions, conversations, or questions and answers regarding this Solicitation are preliminary in nature and are nonbinding.

Submitted e-mails should have solicitation number in the subject line.

5. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any State personnel is not binding, including verbal communication at the mandatory pre-bid conference. Only information issued in writing and added to the Solicitation by an official written addendum by the Department is binding.

6. BID SUBMISSION: All bids must be submitted electronically through wvOASIS by the Vendor on or before the date and time of the bid opening. The Department will not accept bids, modification of bids via e-mail, hand delivery, delivery by courier, or facsimile.

7. BID OPENING: Bids submitted in response to this Solicitation will be posted on the Department’s website within 24 hours of wvOASIS bid close time and can be viewed at https://dep.wv.gov/bto/IHP/Pages/default.aspx .

8. ADDENDUM ACKNOWLEDGEMENT: Changes or revisions to this Solicitation will be made by an official written addendum issued by the Department. Vendor should acknowledge receipt of all addenda issued with this Solicitation by completing an Addendum Acknowledgment Form, 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.

9. BID FORMATTING: The bidder’s solicitation response must be submitted through wvOASIS VSS Portal. Failure to electronically enter the information may result in bid disqualification.

10. ALTERNATE MODEL OR BRAND: Any model, brand, or specification listed in this Solicitation establishes the acceptable level of quality only and is not intended to reflect a preference for, or in any way favor, a particular brand or vendor. Vendors may bid alternates to a listed model or brand provided that the alternate is at least equal to the model or brand and complies with the required specifications. The equality of any alternate being bid shall be determined by the State at its sole discretion. Any Vendor bidding an alternate model or brand should clearly identify the alternate items in its bid and should include manufacturer’s specifications, industry literature, and/or any other relevant documentation demonstrating the equality of the alternate items. Failure to provide information for alternate items may be grounds for rejection of a Vendor’s bid.

11. EXCEPTIONS AND CLARIFICATIONS: The Solicitation contains the specifications that shall form the basis of a contractual agreement. Vendor shall clearly mark any exceptions, clarifications, or other proposed modifications in its bid. Exceptions to, clarifications of, or modifications of a requirement or term and condition of the Solicitation may result in bid disqualification.

12. COMMUNICATION LIMITATIONS: Communication with the Department or any of its employees regarding this Solicitation during the solicitation, bid, evaluation, or award periods, except through the Department’s Procurement Section, is strictly prohibited without prior Department Procurement Section approval. Department Procurement Section approval for such communication is implied for all agency exempt purchases.

13. UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendor’s bid.

14. SMALL, WOMEN-OWNED, OR MINORITY-OWNED BUSINESSES: For any solicitations publicly advertised for bid, in accordance with West Virginia Code §5A-337(a)(7) and W. Va. CSR § 148-22-9, any non-resident vendor certified as a small, women-owned, or minority-owned business under W. Va. CSR § 148-22-9 shall be provided the same preference made available to any resident vendor. Any non-resident small, women-owned, or minority-owned business must identify itself as such in writing, must submit that writing to the

Department with its bid, and must be properly certified under W. Va. CSR § 148-22-9 prior to contract award to receive the preferences made available to resident vendors. Preference for a non-resident small, women-owned, or minority owned business shall be applied in accordance with W. Va. CSR § 148-22-9.

15. ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that its submission in wvOASIS can be accessed and viewed by the Department staff immediately upon bid opening. The Department will consider any file that cannot be immediately accessed and viewed at the time of the bid opening (such as, encrypted files, password protected files, or incompatible files) to be blank or incomplete as context requires and are therefore unacceptable.

A vendor will not be permitted to unencrypt files, remove password protections, or resubmit documents after bid opening to make a file viewable if those documents are required with the bid.

16. NON-RESPONSIBLE: The Cabinet Secretary reserves the right to reject the bid of any vendor as Non-Responsible in accordance with W. Va. Code of State Rules § 60-10-4.3g, when the Cabinet Secretary determines that the vendor submitting the bid does not have the capability to fully perform or lacks the integrity and reliability to assure good-faith performance.

17. ACCEPTANCE/REJECTION: The Department may accept or reject any bid in whole, or in part in accordance with W. Va. Code of State Rules § 60-10-4.3g.

18. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor’s entire response to the Solicitation and the resulting Contract are public documents. As public documents, they will be disclosed to the public following the bid/proposal opening or award of the contract, as required by the competitive bidding laws of West Virginia Code §§ 5A-3-1 et seq., 5-22-1 et seq., and 5G-1-1 et seq. and the Freedom of Information Act West Virginia Code §§ 29B-1-1 et seq.

DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A

TRADE SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE.

Submission of any bid, proposal, or other document to the Department constitutes your explicit consent to the subsequent public disclosure of the bid, proposal, or document. The Department will disclose any document labeled “confidential,” “proprietary,” “trade secret,” “private,” or labeled with any other claim against public disclosure of the documents, to include any “trade secrets” as defined by West Virginia Code § 47-22-1 et seq. All submissions are subject to public disclosure without notice.

19. WITH THE BID REQUIREMENTS: In instances where these specifications require documentation or other information with the bid, and a vendor fails to provide it with the bid, the Department reserves the right to request those items after bid opening and prior to contract award. This authority does not apply to instances where state law mandates receipt with the bid.

20. EMAIL NOTIFICATION OF AWARD: For notification purposes, bidders must provide the Department with a valid email address in the bid response. Bidders may also monitor wvOASIS or the Department’s website to determine when a contract has been awarded. The Department will notify the low bid vendor by electronic mail to the address shown on the solicitation response that its bid has been accepted and that it is the apparent low bidder.

21. ISRAEL BOYCOTT CERTIFICATION: Vendor’s act of submitting a bid in response to this solicitation shall be deemed a certification from bidder to the State that bidder is not currently engaged in, and will not for the duration of the contract, engage in a boycott of Israel.

This certification is required by W. Va. Code § 5A-3-63.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

AGENCY TERMS AND CONDITIONS

FOR CONTSTRUCTION/RECLAMATION CONTRACTS

1. CONTRACTUAL AGREEMENT: Issuance of an Award Document signed by the Department Cabinet Secretary, or designee, and approved as to form by the Attorney General’s office constitutes acceptance by the State of this Contract made by and between the State of West Virginia and the Vendor. Vendor’s signature on its bid, or on the Contract if the Contract is not the result of a bid solicitation, signifies Vendor’s agreement to be bound by and accept the terms and conditions contained in this Contract.

2. DEFINITIONS: As used in this Solicitation/Contract, the following terms shall have the meanings attributed to them below. Additional definitions may be found in the specifications included with this Solicitation/Contract.

2.1. “Agency” means the Department of Environmental Protection seeking to procure goods or services under this Contract.

2.2. “Bid” or “Proposal” means the vendors submitted response to this solicitation.

2.3. “Contract” means the binding agreement that is entered into between the State and the Vendor to provide the goods or services requested in the Solicitation.

2.4. “Secretary” means the Cabinet Secretary of the West Virginia Department of Environmental Protection.

2.5. “Department” means the West Virginia Department of Environmental Protection.

2.6. “Award Document” means the document signed by the Agency and approved as to form by the Attorney General, that identifies the Vendor as the contract holder.

2.7. “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Department.

2.8. “State” means the State of West Virginia and/or any of its agencies, commissions, boards, etc. as context requires.

2.9. “Vendor” or “Vendors” means any entity submitting a bid in response to the Solicitation, the entity that has been selected as the lowest responsible bidder, or the entity that has been awarded the Contract as context requires.

3. CONTRACT TERM; RENEWAL; EXTENSION: The term of this Contract shall be determined in accordance with the category that has been identified as applicable to this Contract below:

Term Contract

Initial Contract Term: The Initial Contract Term will be for a period of one calendar year. The Initial Contract Term becomes effective on the effective start date listed on the first page of this Contract and the Initial Contract Term ends on the effective end date also shown on the first page of this Contract.

Renewal Term: This Contract may be renewed upon the mutual written consent of the Agency, and the Vendor, with approval of the Department and the Attorney General’s office (Attorney General approval is as to form only). Any request for renewal should be delivered to the Agency thirty (30) days prior to the expiration date of the initial contract term or appropriate renewal term. A Contract renewal shall be in accordance with the terms and conditions of the original contract. Renewal of this Contract is limited to three (3) successive one (1) year periods or multiple renewal periods of less than one year, provided that the multiple renewal periods do not exceed the total number of months available in all renewal years combined. Automatic renewal of this Contract is prohibited. Renewals must be approved by the Vendor, Agency, and Attorney General’s office (Attorney General approval is as to form only)

Delivery Order Limitations: In the event that this contract permits delivery orders, a delivery order may only be issued during the time this Contract is in effect. Any delivery order issued within one year of the expiration of this Contract shall be effective for one year from the date the delivery order is issued. No delivery order may be extended beyond one year after this Contract has expired.

Fixed Period Contract: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and must be completed within ________days.

4. AUTHORITY TO PROCEED: Vendor is authorized to begin performance of this contract on the date of encumbrance listed on the front page of the Award Document unless the box for “Fixed Period Contract” has been checked in Section 3 above. If “Fixed Period Contract” has been checked, Vendor must not begin work until it receives a separate notice to proceed from the State. The notice to proceed will then be incorporated into the Contract via change order to memorialize the official date that work commenced.

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5. QUANTITIES: The quantities required under this Contract shall be determined in accordance with the category that has been identified as applicable to this Contract below.

Open End Contract: Quantities listed in this Solicitation/Award Document are approximations only, based on estimates supplied by the Agency. It is understood and agreed that the Contract shall cover the quantities actually ordered for delivery during the term of the Contract, whether more or less than the quantities shown.

In accordance with W.Va. Code § 5-22-1(b) (5), Provided, that no open-ended repair or maintenance contract may exceed $500,000. Total payments under this contract will not exceed $500,000. This includes all payments for the term of the contract including all renewals.

Combined Service and Goods: The scope of the service and deliverable goods to be provided will be more clearly defined in the technical specifications included herewith.

6. EMERGENCY PURCHASES: The Agency may be authorized to purchase goods or services in the open market that Vendor would otherwise provide under this Contract if those goods or services are for immediate or expedited delivery in an emergency. Emergencies shall include, but are not limited to, delays in transportation or an unanticipated increase in the volume of work. An emergency purchase in the open market, approved by the DEP Procurement Section, shall not constitute of breach of this Contract and shall not entitle the Vendor to any form of compensation or damages.

7. REQUIRED DOCUMENTS: All the items checked in this section must be provided to the Department by the Vendor as specified:

BID BOND: Pursuant to the requirements contained in W. Va. Code § 5-22-1(c), All Vendors submitting a bid on a construction project shall furnish a valid bid bond in the amount of five percent (5%) of the total amount of the bid protecting the State of West Virginia. The bid bond must be submitted with the bid. Bid bond must be executed on the official form furnished by the Department and uploaded to the wvOASIS system.

PERFORMANCE BOND: The apparent successful Vendor shall provide a performance bond in the amount of 100% of the contract. The performance bond must be received by the Department prior to Contract award.

LABOR/MATERIAL PAYMENT BOND: The apparent successful Vendor shall provide a labor/material payment bond in the amount of 100% of the Contract value. The labor/material payment bond must be delivered to the Department prior to Contract award ì ì

8. INSURANCE: The apparent successful Vendor shall furnish proof of the insurance identified below prior to Contract award. The insurance coverages identified below must be maintained throughout the life of this contract. Thirty (30) days prior to the expiration of the insurance policies, Vendor shall provide the Agency with proof that the insurance mandated herein has been continued. Vendor must also provide Agency with immediate notice of any changes in its insurance policies, including but not limited to, policy cancelation, policy reduction, or change in insurers. The apparent successful Vendor shall also furnish proof of any additional insurance requirements contained in the specifications prior to Contract award regardless of whether that insurance requirement is listed in this section.

All certificates of insurance used to verify the policies issued must be endorsed by an agent licensed in West Virginia. The endorsement must include the printed name, street address, city, zip code, and West Virginia license number and signature of the agent.

Vendor must maintain:

Commercial General Liability & Automobile Liability Insurance with limits not less than two million dollars ($2,000,000.00) for bodily injury and property damage for each occurrence.

For open end maintenance contracts or any contract with a value of $25,000.00 or less, a minimum limit of liability for this coverage should be $1,000,000.00 for each occurrence.

9. WORKERS’ COMPENSATION INSURANCE: Vendor shall comply with laws relating to workers compensation, shall maintain workers’ compensation insurance when required, and shall furnish proof of workers’ compensation insurance upon request.

10. VENUE: All legal actions for damages brought by Vendor against the State shall be brought in the West Virginia Claims Commission. Other causes of action must be brought in the West Virginia court authorized by statute to exercise jurisdiction over it.

11. LIQUIDATED DAMAGES: This clause shall in no way be considered exclusive and shall not limit the State or Agency’s right to pursue any other available remedy. Time is an essential element of the contract, and it is important that the work is completed within the time specified.

The cost to the Department for the administration of the contract, including engineering, inspection, and supervision, will increase as the time required to complete the work is increased.

Therefore, for each working day the Engineer or Consulting Engineer deem the project is not substantially complete after the contract time specified for completion of the work, subject to such extensions of contract time required or permitted, the Department will assess liquidated damages against the Contractor.

Except for the winter shutdown or those time extensions approved by the Department, the Department will deduct daily charges for each working day beyond the contract period. The

Department will deduct the total amount of daily charges from any monies due to the Contractor, not as a penalty but as liquidated damages. Unless specified elsewhere in the contract, the amount of the daily charge will be $1,000.00 per day for each working day of delay.

12. ACCEPTANCE: Vendor’s signature on its bid, or on the certification and signature page or submission of electronic bid constitutes an offer to the State that cannot be unilaterally withdrawn, signifies that the product or service proposed by vendor meets the mandatory requirements contained in the Solicitation for that product or service, unless otherwise indicated, and signifies acceptance of the terms and conditions contained in the Solicitation unless otherwise indicated.

13. PRICING: The pricing set forth herein is firm for the life of the Contract, unless specified elsewhere within this Solicitation/Contract by the State. A Vendor’s inclusion of price adjustment provisions in its bid, without an express authorization from the State in the Solicitation to do so, may result in bid disqualification. Notwithstanding the foregoing, Vendor must extend any publicly advertised sale price to the State and invoice at the lower of the contract price or the publicly advertised sale price.

14. PAYMENT IN ARREARS: Payments for goods/services will be made in arrears only upon receipt of a proper invoice, detailing the goods/services provided or receipt of the goods/services, whichever is later.

15. PAYMENT METHODS: Vendor must accept payment by electronic funds transfer and P-Card. (The State of West Virginia’s Purchasing Card program, administered under contract by a banking institution, processes payment for goods and services through state designated credit cards.)

16. TAXES: The Vendor shall pay any applicable sales, use, personal property or any other taxes arising out of this Contract and the transactions contemplated thereby. The State of West Virginia is exempt from federal and state taxes and will not pay or reimburse such taxes.

17. ADDITIONAL FEES: Vendor is not permitted to charge additional fees or assess additional charges that were not either expressly provided for in the solicitation published by the State of West Virginia, included in the Contract, or included in the unit price or lump sum bid amount that Vendor is required by the solicitation to provide. Including such fees or charges as notes to the solicitation may result in rejection of vendor’s bid. Requesting such fees or charges be paid after the contract has been awarded may result in cancellation of the contract.

18. FUNDING: This Contract shall continue for the term stated herein, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise made available, this Contract becomes void and of no effect beginning on July 1 of the fiscal year for which funding has not been appropriated or otherwise made available. If that occurs, the State may notify the Vendor that an alternative source of funding has been obtained and thereby avoid the automatic termination. Non-appropriation or non-funding shall not be considered an event of default.

19. CANCELLATION: The Department reserves the right to cancel this Contract immediately upon written notice to the vendor if the materials or workmanship supplied do not conform to the specifications contained in the Contract. The Department may also cancel any purchase or Contract upon 30 days written notice to the Vendor.

20. TIME: Time is of the essence regarding all matters of time and performance in this Contract.

21. APPLICABLE LAW: This Contract is governed by and interpreted under West Virginia law without giving effect to its choice of law principles. Any information provided in specification manuals, or any other source, verbal or written, which contradicts or violates the West Virginia Constitution, West Virginia Code, or West Virginia Code of State Rules is void and of no effect.

22. COMPLIANCE WITH LAWS: Vendor shall comply with all applicable federal, state, and local laws, regulations and ordinances. By submitting a bid, Vendor acknowledges that it has reviewed, understands, and will comply with all applicable laws, regulations, and ordinances.

SUBCONTRACTOR COMPLIANCE: Vendor shall notify all subcontractors providing commodities or services related to this Contract that as subcontractors, they too are required to comply with all applicable laws, regulations, and ordinances.

Notification under this provision must occur prior to the performance of any work under the contract by the subcontractor.

23. ARBITRATION: Any references made to arbitration contained in this Contract, Vendor’s bid, or in any American Institute of Architects documents pertaining to this Contract are hereby deleted, void, and of no effect.

24. MODIFICATIONS: This writing is the parties’ final expression of intent.

Notwithstanding anything contained in this Contract to the contrary no modification of this Contract shall be binding without mutual written consent of the Agency, and the Vendor and the Attorney General’s office (Attorney General approval is as to form only). Any change to existing contracts that adds work or changes contract cost, and were not included in the original contract, must be approved by the Department and the Attorney General’s Office (as to form).

25. WAIVER: The failure of either party to insist upon a strict performance of any of the terms or provision of this Contract, or to exercise any option, right, or remedy herein contained, shall not be construed as a waiver or a relinquishment for the future of such term, provision, option, right, or remedy, but the same shall continue in full force and effect. Any waiver must be expressly stated in writing and signed by the waiving party.

26. SUBSEQUENT FORMS: The terms and conditions contained in this Contract shall supersede any and all subsequent terms and conditions which may appear on any form documents submitted by Vendor to the Agency such as price lists, order forms, invoices, sales agreements, or maintenance agreements, and includes internet websites or other electronic documents. Acceptance or use of Vendor’s forms does not constitute acceptance of the terms and conditions contained thereon.

27. ASSIGNMENT: Neither this Contract nor any monies due, or to become due hereunder, may be assigned by the Vendor without the express written consent of the Agency the Attorney General’s office (as to form only), and any other government agency or office that may be required to approve such assignments.

28. WARRANTY: The Vendor expressly warrants that the goods and/or services covered by this Contract will: (a) conform to the specifications, drawings, samples, or other description furnished or specified by the Agency; (b) be merchantable and fit for the purpose intended;

and (c) be free from defect in material and workmanship.

29. STATE EMPLOYEES: State employees are not permitted to utilize this Contract for personal use and the Vendor is prohibited from permitting or facilitating the same.

30. PRIVACY, SECURITY, AND CONFIDENTIALITY: The Vendor agrees that it will not disclose to anyone, directly or indirectly, any such personally identifiable information or other confidential information gained from the Agency, unless the individual who is the subject of the information consents to the disclosure in writing or the disclosure is made pursuant to the Agency’s policies, procedures, and rules. Vendor further agrees to comply with the Confidentiality Policies and Information Security Accountability Requirements, set forth in http://www.state.wv.us/admin/purchase/privacy/default.html.

31. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendor’s entire response to the Solicitation and the resulting Contract are public documents. As public documents, they will be disclosed to the public following the bid/proposal opening or award of the contract, as required by the competitive bidding laws of West Virginia Code §§ 5A-3-1 et seq., 5-22-1 et seq., and 5G-1-1 et seq. and the Freedom of Information Act West Virginia Code §§ 29B-1-1 et seq.

DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A

TRADE SECRET, OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE.

Submission of any bid, proposal, or other document to the Department constitutes your explicit consent to the subsequent public disclosure of the bid, proposal, or document. The Department will disclose any document labeled “confidential,” “proprietary,” “trade secret,” “private,” or labeled with any other claim against public disclosure of the documents, to include any “trade secrets” as defined by West Virginia Code § 47-22-1 et seq. All submissions are subject to public disclosure without notice.

32. LICENSING: In accordance with West Virginia Code of State Rules § 148-1-6.1.e, Vendor must be licensed and in good standing in accordance with any and all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Secretary of State’s Office, the West Virginia Tax Department, West Virginia Insurance Commission, or any other state agency or political subdivision. Obligations related to political subdivisions may include, but are not limited to, business licensing, business and occupation taxes, inspection compliance, permitting, etc. Upon request, the Vendor must provide all necessary releases to obtain information to enable the Agency to verify that the Vendor is licensed and in good standing with the above entities.

SUBCONTRACTOR COMPLIANCE: Vendor shall notify all subcontractors providing commodities or services related to this Contract that as subcontractors, they too are required to be licensed, in good standing, and up-to-date on all state and local obligations as described in this section. Obligations related to political subdivisions may include, but are not limited to, business licensing, business and occupation taxes, inspection compliance, permitting, etc. Notification under this provision must occur prior to the performance of any work under the contract by the subcontractor.

33. ANTITRUST: In submitting a bid to, signing a contract with, or accepting a Award Document from any agency of the State of West Virginia, the Vendor agrees to convey, sell, assign, or transfer to the State of West Virginia all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of West Virginia for price fixing and/or unreasonable restraints of trade relating to the particular commodities or services purchased or acquired by the State of West Virginia. Such assignment shall be made and become effective at the time the purchasing agency tenders the initial payment to Vendor.

34. VENDOR NON-CONFLICT: Neither Vendor nor its representatives are permitted to have any interest, nor shall they acquire any interest, direct or indirect, which would compromise the performance of its services hereunder. Any such interests shall be promptly presented in detail to the Agency.

35. VENDOR RELATIONSHIP: The relationship of the Vendor to the State shall be that of an independent contractor and no principal-agent relationship or employer-employee relationship is contemplated or created by this Contract. The Vendor as an independent contractor is solely liable for the acts and omissions of its employees and agents. Vendor shall be responsible for selecting, supervising, and compensating any and all individuals employed pursuant to the terms of this Solicitation and resulting contract. Neither the Vendor, nor any employees or subcontractors of the Vendor, shall be deemed to be employees of the State for any purpose whatsoever. Vendor shall be exclusively responsible for payment of employees and contractors for all wages and salaries, taxes, withholding payments, penalties, fees, fringe benefits, professional liability insurance premiums, contributions to insurance and pension, or other deferred compensation plans, including but not limited to, Workers’ Compensation and

Social Security obligations, licensing fees, etc. and the filing of all necessary documents, forms, and returns pertinent to all of the foregoing.

Vendor shall hold harmless the State and shall provide the State and Agency with a defense against any and all claims including, but not limited to, the foregoing payments, withholdings, contributions, taxes, Social Security taxes, and employer income tax returns.

36. WORKPLACE HARRASSMENT: Harassing, threatening, or intimidating behavior by the Vendor, its employees, contractors, or subcontractors towards any employee of the Department is not permitted, and any such behavior shall be considered a breach of this Contract. Such Behavior may, at the discretion of the Department, result in cancellation or nonpayment of the Contract.

36. INDEMNIFICATION: The Vendor agrees to indemnify, defend, and hold harmless the State and the Agency, their officers, and employees from and against: (1) Any claims or losses for services rendered by any subcontractor, person, or firm performing or supplying services, materials, or supplies in connection with the performance of the Contract; (2) Any claims or losses resulting to any person or entity injured or damaged by the Vendor, its officers, employees, or subcontractors by the publication, translation, reproduction, delivery, performance, use, or disposition of any data used under the Contract in a manner not authorized by the Contract, or by Federal or State statutes or regulations; and (3) Any failure of the Vendor, its officers, employees, or subcontractors to observe State and Federal laws including, but not limited to, labor and wage and hour laws.

37. RESERVED

38. CONFLICT OF INTEREST: Vendor, its officers or members or employees, shall not presently have or acquire an interest, direct or indirect, which would conflict with or compromise the performance of its obligations hereunder. Vendor shall periodically inquire of its officers, members and employees to ensure that a conflict of interest does not arise. Any conflict of interest discovered shall be promptly presented in detail to the Agency.

39. PREFERENCE FOR USE OF DOMESTIC STEEL PRODUCTS: Except when authorized by the Director of the Purchasing Division pursuant to W. Va. Code § 5A-3-56, no contractor may use or supply steel products for a State Contract Project other than those steel products made in the United States. A contractor who uses steel products in violation of this section may be subject to civil penalties pursuant to W. Va. Code § 5A-3-56. As used in this section:

a. “State Contract Project” means any erection or construction of, or any addition to, alteration of or other improvement to any building or structure, including, but not limited to, roads or highways, or the installation of any heating or cooling or ventilating plants or other equipment, or the supply of and materials for such projects, pursuant to a contract with the State of West Virginia for which bids were solicited on or after June 6, 2001.

b. “Steel Products” means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more or such operations, from steel made by the open heath, basic oxygen, electric furnace, Bessemer or other steel making…